[Congressional Record Volume 168, Number 162 (Tuesday, October 11, 2022)]
[Senate]
[Pages S6063-S6466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE SESSION
______
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023
The PRESIDENT pro tempore. Under the previous order, the Senate will
proceed to the consideration of H.R. 7900, which the clerk will report.
The senior assistant legislative clerk read as follows:
A bill (H.R. 7900) to authorize appropriations for fiscal
year 2023 for military activities of the Department of
Defense and for military construction, and for defense
activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill.
The PRESIDENT pro tempore. The Senator from Rhode Island.
Amendment No. 5499, As Modified
Mr. REED. Mr. President, I call up amendment No. 5499, as modified,
and ask that it be reported by number.
The PRESIDENT pro tempore. Without objection, it is so ordered.
The senior assistant legislative clerk read as follows:
The Senator from Rhode Island [Mr. Reed] for himself and
Mr. Inhofe, proposes an amendment numbered 5499, as modified.
The amendment (No. 5499), as modified, is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023``.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into twelve divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Additional Provisions.
(6) Division F--Intelligence Authorization Act for Fiscal
Year 2023.
(7) Division G--Department of State Authorizations.
(8) Division H--Matters Related to Taiwan.
(9) Division I--Homeland Security and Governmental Affairs
Matters.
(10) Division J--Water Resources Development Act of 2022.
(11) Division K--Coast Guard Authorization Act of 2022.
(12) Division L--Oceans and Atmosphere.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery
howitzers.
Subtitle C--Navy Programs
Sec. 121. DDG(X) destroyer program.
Sec. 122. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 123. Block buy contracts for Ship-to-Shore Connector program.
Sec. 124. Procurement authorities for John Lewis-class fleet
replenishment oiler ships.
Sec. 125. Tomahawk cruise missile capability on FFG-62 class vessels.
Sec. 126. Navy shipbuilding workforce development initiative.
Sec. 127. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 128. Limitation on retirement of E-6B aircraft.
Sec. 129. EA-18G aircraft.
Sec. 130. Block buy contracts for CH-53K heavy lift helicopter program.
Subtitle D--Air Force Programs
Sec. 141. Prohibition on certain reductions to inventory of E-3
airborne warning and control system aircraft.
Sec. 142. Modification of inventory requirements for air refueling
tanker aircraft.
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Sec. 143. Prohibition on reductions to inventory of F-22 Block 20
aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Parts for commercial derivative aircraft and engines and
aircraft based on commercial design.
Sec. 152. Assessment and strategy for fielding counter unmanned aerial
systems swarm capabilities.
Sec. 153. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and Allocations
System.
Sec. 154. Government Accountability Office assessment of efforts to
modernize propulsion systems of the F-35 aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Disclosure requirements for recipients of research and
development funds.
Sec. 212. Modification of cooperative research and development project
authority.
Sec. 213. Administration of the Advanced Sensor Applications Program.
Sec. 214. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 215. Competitively awarded demonstrations and tests of
electromagnetic warfare technology.
Sec. 216. Government-Industry Working Group on Microelectronics.
Sec. 217. Inclusion of Office of Under Secretary of Defense for
Research and Engineering in personnel management
authority to attract experts in science and engineering.
Sec. 218. Investment plan for foundational capabilities needed to
develop novel processing approaches for future defense
applications.
Sec. 219. Open radio access network 5G acquisition acceleration and
transition plans.
Sec. 220. Pilot program to facilitate the development of electric
vehicle battery technologies for warfighters.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 232. Strategy and plan for strengthening and fostering defense
innovation ecosystem.
Sec. 233. Modification of Director for Operational Test and Evaluation
annual report.
Sec. 234. Extension of requirement for quarterly briefings on
development and implementation of strategy for fifth
generation information and communications technologies.
Sec. 235. Report on estimated costs of conducting a minimum frequency
of hypersonic weapons testing.
Sec. 236. Annual report on studies and reports being undertaken by the
Department of Defense.
Sec. 237. Quantifiable assurance capability for security of
microelectronics.
Sec. 238. Clarification of role of Chief Digital and Artificial
Intelligence Officer.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Aggregation of energy conservation measures and funding.
Sec. 312. Establishment of joint working group to determine joint
requirements for future operational energy needs of
Department of Defense.
Sec. 313. Additional special considerations for developing and
implementing the energy performance goals and energy
performance master plan of the Department of Defense.
Sec. 314. Participation in pollutant banks and water quality trading.
Sec. 315. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National Guard with
proven exposure of hazardous substances and waste.
Sec. 316. Authorization of closure of Red Hill bulk fuel storage
facility.
Sec. 317. Revision of Unified Facilities Guide Specifications and
Unified Facilities Criteria to include specifications on
use of gas insulated switchgear and criteria and
specifications on microgrids and microgrid converters.
Sec. 318. Transfer of customers from electrical utility system of the
Navy at former Naval Air Station Barber`s Point, Hawaii,
to new electrical system in Kalaeloa, Hawaii.
Sec. 319. Pilot program on use of sustainable aviation fuel.
Sec. 320. Renewal of annual environmental and energy reports of
Department of Defense.
Sec. 321. Report on feasibility of terminating energy procurement from
foreign entities of concern.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 331. Increase of transfer authority for funding of study and
assessment on health implications of per- and
polyfluoroalkyl substances contamination in drinking
water by Agency for Toxic Substances and Disease
Registry.
Sec. 332. Modification of limitation on disclosure of results of
testing for perfluoroalkyl or polyfluoroalkyl substances
on private property.
Sec. 333. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Subtitle D--Logistics and Sustainment
Sec. 351. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure Optimization Plan of
the Navy.
Sec. 352. Research and analysis on the capacity of private shipyards in
the United States and the effect of those shipyards on
Naval fleet readiness.
Sec. 353. Limitation on funds for the Joint Military Information
Support Operations Web Operations Center.
Sec. 354. Notification of increase in retention rates for Navy ship
repair contracts.
Sec. 355. Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or emergencies.
Sec. 356. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Subtitle E--Reports
Sec. 371. Inclusion of information regarding joint medical estimates in
readiness reports.
Subtitle F--Other Matters
Sec. 381. Implementation of recommendations relating to animal facility
sanitation and master plan for housing and care of
horses.
Sec. 382. Inclusion of land under jurisdiction of Department of Defense
subject to long-term real estate agreement as community
infrastructure for purposes of Defense community
infrastructure pilot program.
Sec. 383. Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters containing
perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 384. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and Technical
Training School.
Sec. 385. Prohibition on use of funds to discontinue the Marine Mammal
System program.
Sec. 386. Limitation on replacement of non-tactical vehicle fleet of
the Department of Defense with electric vehicles,
advanced-biofuel-powered vehicles, or hydrogen-powered
vehicles.
Sec. 387. Limitation on use of charging stations for personal electric
vehicles.
Sec. 388. Pilot programs for tactical vehicle safety data collection.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Consideration of adverse information.
Sec. 502. Extension of time limitation for grade retention while
awaiting retirement.
Sec. 503. Realignment in Navy distribution of flag officers serving in
the grades of O-8 and O-9.
Sec. 504. Updating warrant officer selection and promotion authority.
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Sec. 505. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and colonel.
Sec. 506. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 507. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations Officer (13N).
Subtitle B--Reserve Component Management
Sec. 511. Authority to waive requirement that performance of Active
Guard and Reserve duty at the request of a Governor may
not interfere with certain duties.
Sec. 512. Selected Reserve and Ready Reserve order to active duty to
respond to a significant cyber incident.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in Federal
recognition.
Sec. 514. Independent study on Federal recognition process.
Sec. 515. Continued National Guard support for FireGuard program.
Sec. 516. Inclusion of United States Naval Sea Cadet Corps among youth
and charitable organizations authorized to receive
assistance from the National Guard.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Modernization of the Selective Service System.
Sec. 522. Prohibition on induction under the Military Selective Service
Act without express authorization.
Sec. 523. Extension of temporary authority for targeted recruitment
incentives.
Sec. 524. Home leave demonstration program.
Sec. 525. Prohibition on considering State laws and regulations when
determining individual duty assignments.
Sec. 526. Modification to limitations on discharge or release from
active duty.
Sec. 527. Sex-neutral high fitness standards for Army combat Military
Occupational Specialties.
Subtitle D--Military Justice and Other Legal Matters
Sec. 541. Briefing and report on resourcing required for implementation
of military justice reform.
Sec. 542. Randomization of court-martial panels.
Sec. 543. Matters in connection with special trial counsel.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel.
Sec. 546. Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths for general and
flag officers.
Sec. 547. Special trial counsel of Department of the Air Force.
Sec. 548. Restricted reporting option for Department of Defense
civilian employees choosing to report experiencing adult
sexual assault.
Sec. 549. 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.
Sec. 550. Primary prevention.
Sec. 551. Dissemination of civilian legal services information.
Subtitle E--Member Education, Training, and Transition
Sec. 561. Review of certain Special Operations personnel policies.
Sec. 562. Expanded eligibility to provide Junior Reserve Officers`
Training Corps (JROTC) instruction.
Sec. 563. Pre-service education demonstration program.
Subtitle F--Military Family Readiness and Dependents` Education
Sec. 571. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 572. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces with enrollment
changes due to base closures, force structure changes, or
force relocations.
Sec. 573. Pilot program on hiring of special education inclusion
coordinators for Department of Defense child development
centers.
Sec. 574. Extension of and report on pilot program to expand
eligibility for enrollment at domestic dependent
elementary and secondary schools.
Subtitle G--Decorations and Awards, Miscellaneous Reports, and Other
Matters
Sec. 581. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 582. Report on officer personnel management and the development of
the professional military ethic in the Space Force.
Sec. 583. Report on incidence of suicide by military job code in the
Department of Defense.
Sec. 584. Waiver of time limitations for act of valor during World War
II.
Sec. 585. Authorization to award Medal of Honor to Sergeant Major David
R. Halbruner for acts of valor in support of an unnamed
operation in 2012.
Sec. 586. Recognition of service of Lieutenant General Frank Maxwell
Andrews.
Sec. 587. Posthumous appointment of Ulysses S. Grant to grade of
General of the Armies of the United States.
Sec. 588. Modification to notification on manning of afloat naval
forces.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Temporary continuation of basic allowance for housing for
members whose sole dependent dies while residing with the
member.
Sec. 602. Basic allowance for housing for members without dependents
when home port change would financially disadvantage
member.
Sec. 603. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 604. Increase in income for purposes of eligibility for basic
needs allowance.
Sec. 605. Conforming amendments to update references to travel and
transportation authorities.
Subtitle B--Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Repeal of sunset of hazardous duty pay.
Sec. 613. Authorization of assignment pay or special duty pay based on
climate in which a member`s duties are performed.
Subtitle C--Leave
Sec. 621. Modification of authority to allow members of the Armed
Forces to accumulate leave in excess of 60 days.
Sec. 622. Technical amendments to leave entitlement and accumulation.
Sec. 623. Convalescent leave for members of the Armed Forces.
Subtitle D--Other Matters
Sec. 631. Air Force rated officer retention demonstration program.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to the TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond to a national
emergency.
Sec. 703. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 704. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 705. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve
and their dependents.
Subtitle B--Health Care Administration
Sec. 721. Improvements to organization of military health system.
Sec. 722. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 723. Extension of Accountable Care Organization demonstration and
annual report requirement.
Sec. 724. Modification of requirement to transfer public health
functions to Defense Health Agency.
Sec. 725. Establishment of Military Health System Medical Logistics
Directorate.
Sec. 726. Establishment of centers of excellence for specialty care in
the military health system.
Sec. 727. Requirement to establish Academic Health System.
Sec. 728. Adherence to policies relating to mild traumatic brain injury
and post-traumatic stress disorder.
Sec. 729. Policy on accountability for wounded warriors undergoing
disability evaluation.
Subtitle C--Reports and Other Matters
Sec. 741. Three-year extension of authority to continue DOD-VA Health
Care Sharing Incentive Fund.
Sec. 742. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund.
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Sec. 743. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 744. Clarification of membership requirements and compensation
authority for independent suicide prevention and response
review committee.
Sec. 745. Termination of veterans` advisory board on radiation dose
reconstruction.
Sec. 746. Scholarship-for-service pilot program for civilian behavioral
health providers.
Sec. 747. 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.
Sec. 748. Authority to carry out studies and demonstration projects
relating to delivery of health and medical care through
use of other transaction authority.
Sec. 749. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other environmental
hazards.
Sec. 750. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 751. Report on suicide prevention reforms for members of the Armed
Forces.
Sec. 752. Report on behavioral health workforce and plan to address
shortfalls in providers.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Modifications to middle tier acquisition authority.
Sec. 802. Extension of Defense Modernization Account authority.
Sec. 803. Prohibition on certain procurements of major defense
acquisition programs.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities needed under
specified high-priority circumstances.
Sec. 805. Acquisition reporting system.
Sec. 806. Modification of reporting requirement in connection with
requests for multiyear procurement authority for large
defense acquisitions.
Sec. 807. Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense Production Act
program.
Sec. 808. Comptroller General assessment of acquisition programs and
related efforts.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Treatment of certain clauses implementing executive order
mandates.
Sec. 822. Data requirements for commercial products for major weapon
systems.
Sec. 823. Task and delivery order contracting for architectural and
engineering services.
Sec. 824. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 825. Pilot program to accelerate contracting and pricing
processes.
Sec. 826. Extension of Never Contract with the Enemy.
Sec. 827. Progress payment incentive pilot.
Sec. 828. Report on Department of Defense Strategic Capabilities Office
contracting capabilities.
Subtitle C--Industrial Base Matters
Sec. 841. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 842. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 843. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 844. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 845. Modification to the national technology and industrial base.
Sec. 846. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 847. Annual report on industrial base constraints for munitions.
Subtitle D--Small Business Matters
Sec. 861. Modifications to the Defense Research and Development Rapid
Innovation Program.
Sec. 862. Permanent extension and modification of Mentor-Protege
Program.
Sec. 863. Small business integration working group.
Sec. 864. Demonstration of commercial due diligence for small business
programs.
Sec. 865. Improvements to Procurement Technical Assistance Center
program.
Subtitle E--Other Matters
Sec. 871. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 872. Key advanced system development industry days.
Sec. 873. Modification of provision relating to determination of
certain activities with unusually hazardous risks.
Sec. 874. Incorporation of controlled unclassified information guidance
into program classification guides and program protection
plans.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on availability of funds for operation and
maintenance for Office of Secretary of Defense.
Sec. 904. Limitation on use of funds until demonstration of product to
identify, task, and manage congressional reporting
requirements.
Sec. 905. Limitation on use of funds until Department of Defense
complies with requirements relating to alignment of Close
Combat Lethality Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Modification of requirements that are responsibility of Armed
Forces not Joint Requirements Oversight Council.
Sec. 912. Briefing on revisions to Unified Command Plan.
Sec. 913. Updates to management reform framework.
Sec. 914. Strategic management dashboard demonstration.
Sec. 915. Demonstration program for component content management
systems.
Subtitle C--Space Force Matters
Sec. 921. Vice Chief of Space Operations.
Sec. 922. Establishment of field operating agencies and direct
reporting units of Space Force.
Sec. 923. Framework for new subtitle F of title 10, United States Code,
on Space Component.
Sec. 924. Study of proposed Space Force reorganization.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Report on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority and annual report on unified
counterdrug and counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Amphibious warship force structure.
Sec. 1023. Modification to limitation on decommissioning or
inactivating a battle force ship before the end of
expected service life.
Sec. 1024. Contract requirements relating to maintenance and
modernization availabilities for certain naval vessels.
Sec. 1025. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Modification and extension of prohibition on use of funds
for transfer or release of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba, to certain
countries.
Sec. 1032. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1033. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Department of Defense-Department of Veterans Affairs
Discharge Review Board Committee.
Sec. 1042. Modification of provisions relating to cross-functional team
for emerging threat relating to anomalous health
incidents.
Sec. 1043. Civilian casualty prevention, mitigation, and response.
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Sec. 1044. 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.
Sec. 1045. Personnel supporting the Office of the Assistant Secretary
of Defense for Special Operations and Low Intensity
Conflict.
Sec. 1046. Joint all domain command and control.
Sec. 1047. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Sec. 1048. Department of Defense support for civil authorities to
address the illegal immigration crisis at the southwest
border.
Sec. 1049. Department of Defense support for funerals and memorial
events for Members and former Members of Congress.
Sec. 1050. Expansion of eligibility for direct acceptance of gifts by
members of the Armed Forces and Department of Defense and
Coast Guard employees and their families.
Sec. 1051. Technical amendments related to recently enacted
Commissions.
Subtitle F--Studies and Reports
Sec. 1061. Submission of National Defense Strategy in classified and
unclassified form.
Sec. 1062. Report on impact of certain ethics requirements on
Department of Defense hiring, retention, and operations.
Sec. 1063. Extension of certain reporting deadlines.
Subtitle G--Other Matters
Sec. 1071. Annual risk assessment.
Sec. 1072. Joint Concept for Competing.
Sec. 1073. Prioritization and acceleration of investments to attain
threat matrix framework level 4 capability at training
ranges supporting F-35 operations.
Sec. 1074. Modification of Arctic Security Initiative.
Sec. 1075. Pilot program on safe storage of personally owned firearms.
Sec. 1076. Sense of the Senate on redesignation of the Africa Center
for Strategic Studies as the James M. Inhofe Center for
Africa Strategic Studies.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Eligibility of Department of Defense employees in time-
limited appointments to compete for permanent
appointments.
Sec. 1102. Employment authority for civilian faculty at certain
military department schools.
Sec. 1103. Employment and compensation of civilian faculty members at
Inter-American Defense College.
Sec. 1104. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1105. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.
Sec. 1106. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the technical skills
and expertise at certain Department of Defense
laboratories.
Sec. 1107. Modification of effective date of repeal of two-year
probationary period for employees.
Sec. 1108. Modification and extension of authority to waive annual
limitation on premium pay and aggregate limitation on pay
for Federal civilian employees working overseas.
Sec. 1109. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1110. Modification of temporary expansion of authority for
noncompetitive appointments of military spouses by
Federal agencies.
Sec. 1111. Department of Defense Cyber and Digital Service Academy.
Sec. 1112. Civilian Cybersecurity Reserve pilot project.
Sec. 1113. Modification to pilot program for the temporary assignment
of cyber and information technology personnel to private
sector organizations.
Sec. 1114. Report on cyber excepted service.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Extension of authority to support border security operations
of certain foreign countries.
Sec. 1202. Modification of reporting requirement for provision of
support to friendly foreign countries for conduct of
operations.
Sec. 1203. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.
Sec. 1204. Modification of authority for participation in multinational
centers of excellence.
Sec. 1205. Modification of Regional Defense Combating Terrorism and
Irregular Warfare Fellowship Program and plan for
Irregular Warfare Center.
Sec. 1206. Modification of authority for humanitarian demining
assistance and stockpiled conventional munitions
assistance.
Sec. 1207. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1208. Modifications to humanitarian assistance.
Sec. 1209. Defense Environmental International Cooperation Program.
Sec. 1210. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1211. Review of implementation of prohibition on use of funds for
assistance to units of foreign security forces that have
committed a gross violation of human rights.
Sec. 1212. Independent assessment of United States efforts to train,
advise, assist, and equip the military forces of Somalia.
Sec. 1213. Assessment and report on adequacy of authorities to provide
assistance to military and security forces in area of
responsibility of United States Africa Command.
Subtitle B--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1222. Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq.
Sec. 1223. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and
Syria.
Sec. 1224. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1225. Updates to annual report on military power of Iran.
Subtitle C--Matters Relating to Europe and the Russian Federation
Sec. 1231. Modification of limitation on military cooperation between
the United States and the Russian Federation.
Sec. 1232. Extension of prohibition on availability of funds relating
to sovereignty of the Russian Federation over Crimea.
Sec. 1233. Extension and modification of Ukraine Security Assistance
Initiative.
Sec. 1234. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1235. Report on United States military force posture and
resourcing requirements in Europe.
Sec. 1236. Sense of the Senate and report on civilian harm.
Sec. 1237. Sense of the Senate on the North Atlantic Treaty
Organization.
Sec. 1238. Sense of the Senate on Ukraine.
Subtitle D--Matters Relating to the Indo-Pacific Region
Sec. 1241. Extension and modification of Pacific Deterrence Initiative.
Sec. 1242. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1243. Modification of Indo-Pacific Maritime Security Initiative to
authorize use of funds for the Coast Guard.
Sec. 1244. Defense of Taiwan.
Sec. 1245. Multi-year plan to fulfill defensive requirements of
military forces of Taiwan and modification of annual
report on Taiwan asymmetric capabilities and intelligence
support.
Sec. 1246. Enhancing major defense partnership with India.
Sec. 1247. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1248. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1249. Cross-functional team for matters relating to the People`s
Republic of China.
Sec. 1250. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific region.
Sec. 1251. Sense of the Senate on supporting prioritization of the
People`s Republic of China, the Indo-Pacific region, and
Taiwan.
Sec. 1252. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Sec. 1253. Prohibition on use of funds to support entertainment
projects with ties to the Government of the People`s
Republic of China.
[[Page S6068]]
Subtitle E--Reports
Sec. 1261. Report on Fifth Fleet capabilities upgrades.
Subtitle F--Other Matters
Sec. 1271. Prohibition on participation in offensive military
operations against the Houthis in Yemen.
Sec. 1272. Extension of authority for United States-Israel cooperation
to counter unmanned aerial systems.
Sec. 1273. Extension of authority for certain payments to redress
injury and loss.
Sec. 1274. Modification of Secretary of Defense Strategic Competition
Initiative.
Sec. 1275. Assessment of challenges to implementation of the
partnership among Australia, the United Kingdom, and the
United States.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Cooperative Threat Reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1412. Briefings on shortfalls in National Defense Stockpile.
Sec. 1413. Authority to acquire materials for the National Defense
Stockpile.
Subtitle C--Other Matters
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. 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.
TITLE XV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1501. Additional authorities of Chief of Space Operations.
Sec. 1502. Comprehensive strategy for the Space Force.
Sec. 1503. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development System.
Sec. 1504. Applied research and educational activities to support space
technology development.
Sec. 1505. Continued requirement for National Security Space Launch
program.
Sec. 1506. Extension of annual report on Space Command and Control.
Sec. 1507. Modification of reports on integration of acquisition and
capability delivery schedules for segments of major
satellite acquisitions programs and funding for such
programs.
Sec. 1508. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain sensors.
Subtitle B--Nuclear Forces
Sec. 1511. Matters relating to role of Nuclear Weapons Council with
respect to budget for nuclear weapons programs.
Sec. 1512. Development of risk management framework for the United
States nuclear enterprise.
Sec. 1513. Biannual briefing on nuclear weapons and related activities.
Sec. 1514. Plan for development of reentry vehicles.
Sec. 1515. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1516. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1517. Sense of the Senate and briefing on nuclear cooperation
between the United States and the United Kingdom.
Sec. 1518. Limitation on use of funds until submission of reports on
intercontinental ballistic missile force.
Sec. 1519. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1520. Limitation on use of funds for B83-1 retirement and report
on defeating hard and deeply buried targets.
Sec. 1521. Limitation on use of funds for naval nuclear fuel systems
based on low-enriched uranium.
Sec. 1522. Further limitation on use of funds until submission of
analysis of alternatives for nuclear sea-launched cruise
missile.
Sec. 1523. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1524. Modification of requirements for plutonium pit production
capacity plan.
Sec. 1525. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1526. Extension of requirement for annual assessment of cyber
resiliency of nuclear command and control system.
Sec. 1527. Extension of requirement for unencumbered uranium plan.
Sec. 1528. Extension of pit production annual certification.
Sec. 1529. Elimination of obsolete reporting requirements relating to
plutonium pit production.
Sec. 1530. Technical amendment to additional report matters on
strategic delivery systems.
Subtitle C--Missile Defense
Sec. 1541. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1542. Middle East integrated air and missile defense.
Sec. 1543. Designation of a Department of Defense individual
responsible for missile defense of Guam.
Sec. 1544. Modification of provision requiring funding plan for next
generation interceptors for missile defense of United
States homeland.
Sec. 1545. Biannual briefing on missile defense and related activities.
Sec. 1546. Improving acquisition accountability reports on the
ballistic missile defense system.
Sec. 1547. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production.
Sec. 1548. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1549. Limitation on use of funds until missile defense
designations have been made.
Subtitle D--Other Matters
Sec. 1551. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
Sec. 1552. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 1553. Extension of authorization for protection of certain
facilities and assets from unmanned aircraft.
Sec. 1554. Department of Defense support for requirements of the White
House Military Office.
TITLE XVI--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Relating to Cyber Operations and Cyber Forces
Sec. 1601. Annual assessments and reports on assignment of certain
budget control responsibility to Commander of United
States Cyber Command.
Sec. 1602. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and Department of
Defense Cyber Strategy.
Sec. 1603. Correcting cyber mission force readiness shortfalls.
Sec. 1604. Cybersecurity cooperation training at Joint Military Attache
School.
Sec. 1605. Strategy, force, and capability development for cyber
effects and security in support of operational forces.
Sec. 1606. Total force generation for the Cyberspace Operations Forces.
Sec. 1607. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1608. 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.
Sec. 1609. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1610. Review of certain cyber operations personnel policies.
Sec. 1611. Military cybersecurity cooperation with Kingdom of Jordan.
Sec. 1612. Commander of the United States Cyber Command.
Sec. 1613. Assessment and report on sharing military cyber capabilities
with foreign operational partners.
Sec. 1614. Report on progress in implementing pilot program to enhance
cybersecurity and resiliency of critical infrastructure.
Sec. 1615. Protection of critical infrastructure.
Subtitle B--Matters Relating to Department of Defense Cybersecurity and
Information Technology
Sec. 1621. Budget display for cryptographic modernization activities
for certain systems of the Department of Defense.
Sec. 1622. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1623. Operational testing for commercial cybersecurity
capabilities.
[[Page S6069]]
Sec. 1624. Plan for commercial cloud test and evaluation.
Sec. 1625. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1626. Review of Department of Defense implementation of
recommendations from Defense Science Board cyber report.
Sec. 1627. Requirement for software bill of materials.
Sec. 1628. Establishment of support center for consortium of
universities that advise Secretary of Defense on
cybersecurity matters.
Sec. 1629. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1630. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1631. Limitation on availability of funds for operation and
maintenance for Office of Secretary of Defense until
framework to enhance cybersecurity of United States
defense industrial base is completed.
Sec. 1632. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project at Joint Region Marianas, Guam.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2020 projects at Tyndall Air Force Base, Florida.
Sec. 2306. Modification of authority to carry out certain fiscal year
2021 project at Hill Air Force Base, Utah.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea-funded construction projects.
Sec. 2512. Repeal of authorized approach to construction project at
Camp Humphreys, Republic of Korea.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2608. Corrections to authority to carry out certain fiscal year
2022 projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
base closure account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Modification of cost thresholds for authority of Department
of Defense to acquire low-cost interests in land.
Sec. 2802. Clarification of exceptions to limitations on cost
variations for military construction projects and
military family housing projects.
Sec. 2803. Elimination of sunset of authority to conduct unspecified
minor military construction for lab revitalization.
Sec. 2804. Requirement for inclusion of Department of Defense Forms
1391 with annual budget submission by President.
Sec. 2805. Determination and notification relating to Executive orders
that impact cost and scope of work of military
construction projects.
Sec. 2806. Extension of authorization of depot working capital funds
for unspecified minor military construction.
Sec. 2807. Temporary increase of amounts in connection with authority
to carry out unspecified minor military construction.
Sec. 2808. Electrical charging capability construction requirements
relating to parking for Federal Government motor
vehicles.
Sec. 2809. Use of integrated project delivery contracts.
Sec. 2810. Expansion of pilot program on increased use of sustainable
building materials in military construction to include
locations throughout the United States.
Subtitle B--Military Housing
Sec. 2821. Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief Housing Officer.
Sec. 2822. Department of Defense Military Housing Readiness Council.
Sec. 2823. Mandatory disclosure of potential presence of mold and
health effects of mycotoxins before a lease is signed for
privatized military housing.
Sec. 2824. Implementation of recommendations from audit of medical
conditions of residents in privatized military housing.
Subtitle C--Land Conveyances
Sec. 2841. Conveyance, Joint Base Charleston, South Carolina.
Subtitle D--Other Matters
Sec. 2861. Integrated master infrastructure plan to support defense of
Guam.
Sec. 2862. Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment.
Sec. 2863. Temporary authority for acceptance and use of funds for
certain construction projects in the Republic of Korea.
Sec. 2864. Modification of quitclaim deed between the United States and
the City of Clinton, Oklahoma.
Sec. 2865. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2866. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense Community
Infrastructure Pilot Program.
Sec. 2867. Procurement of electric, zero emission, advanced-biofuel-
powered, or hydrogen-powered vehicles for the Department
of Defense.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Workforce enhancement for National Nuclear Security
Administration.
Sec. 3112. Acceleration of depleted uranium manufacturing processes.
Sec. 3113. Certification of completion of milestones with respect to
plutonium pit aging.
[[Page S6070]]
Sec. 3114. Assistance by the National Nuclear Security Administration
to the Air Force for the development of the Mark 21A
fuse.
Sec. 3115. Extension of deadline for transfer of parcels of land to be
conveyed to Los Alamos County, New Mexico.
Sec. 3116. Use of alternative technologies to eliminate proliferation
threats at vulnerable sites.
Sec. 3117. Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities.
Subtitle C--Budget and Financial Management Matters
Sec. 3121. Modification of cost baselines for certain projects.
Sec. 3122. Unavailability for overhead costs of amounts specified for
laboratory-directed research and development.
Sec. 3123. Purchase of real property options.
Sec. 3124. Determination of standardized indirect cost elements.
Sec. 3125. Adjustment of minor construction threshold.
Sec. 3126. Requirements for specific request for new or modified
nuclear weapons.
Sec. 3127. Limitation on use of funds for National Nuclear Security
Administration facility advanced manufacturing
development.
Subtitle D--Other Matters
Sec. 3131. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Delegation of authority to Chairperson of Defense Nuclear
Facilities Safety Board.
TITLE LXXXV--MARITIME MATTERS
Subtitle A--Short Title; Authorization of Appropriations for the
Maritime Administration
Sec. 3501. Short title.
Sec. 3502. Authorization of appropriations for the Maritime
Administration.
Subtitle B--General Provisions
Sec. 3511. Study to inform a national maritime strategy.
Sec. 3512. National maritime strategy.
Sec. 3513. Negative determination notice.
Subtitle C--Maritime Infrastructure
Sec. 3521. Marine highways.
Sec. 3522. GAO review of efforts to support and grow the United States
Merchant Fleet.
Sec. 3523. GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness.
Sec. 3524. Study on foreign investment in shipping.
Sec. 3525. Report regarding alternate marine fuel bunkering facilities
at ports.
Sec. 3526. Study of cybersecurity and national security threats posed
by foreign manufactured cranes at United States ports.
Sec. 3527. Project selection criteria for port infrastructure
development program.
Sec. 3528. Infrastructure improvements identified in the report on
strategic seaports.
Subtitle D--Maritime Workforce
Sec. 3531. Sense of Congress on Merchant Marine.
Sec. 3532. Ensuring diverse mariner recruitment.
Sec. 3533. Low emissions vessels training.
Sec. 3534. Improving Protections for Midshipmen Act.
Sec. 3535. Board of Visitors.
Sec. 3536. Maritime Technical Advancement Act.
Sec. 3537. Study on Capital Improvement Program at the USMMA.
Sec. 3538. Implementation of recommendations from the National Academy
of Public Administration.
Sec. 3539. Service Academy faculty parity.
Sec. 3540. Updated Requirements for Fishing Crew Agreements.
Subtitle E--Technology Innovation and Resilience
Sec. 3541. Maritime Environmental and Technical Assistance Program.
Sec. 3542. Study on stormwater impacts on salmon.
Sec. 3543. Study to evaluate effective vessel quieting measures.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. PROCUREMENT.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. OPERATION AND MAINTENANCE.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. MILITARY PERSONNEL.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. OTHER AUTHORIZATIONS.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. MILITARY CONSTRUCTION.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
Sec. 5101. Procurement authorities for certain amphibious shipbuilding
programs.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 5201. Report on defense advanced manufacturing capabilities.
TITLE LIII--OPERATION AND MAINTENANCE
Sec. 5301. Report on weapons generation facilities of the Air Force.
Sec. 5302. Report on former Indian boarding schools or institutions
under the jurisdiction or control of the Department of
Defense.
TITLE LV--MILITARY PERSONNEL POLICY
Sec. 5501. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military service
academies.
Sec. 5502. Study on improvement of access to voting for members of the
Armed Forces overseas.
Sec. 5503. Recognition of military Olympic competition.
TITLE LVI--MILITARY COMPENSATION
Sec. 5601. Reimbursement for transportation of pets for members making
a permanent change of station.
Sec. 5602. Review of dislocation and relocation allowances.
TITLE LVII--HEALTH CARE PROVISIONS
Sec. 5701. Establishment of Core Casualty Receiving Facilities to
improve medical force generation and readiness.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 5811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and modifications to
multiyear contracts.
Sec. 5812. Modification of contracts and options to provide economic
price adjustments.
Subtitle E--Other Matters
Sec. 5871. Prohibition on certain semiconductor products and services.
Subtitle F--American Security Drone Act of 2022
Sec. 5881. Short title.
Sec. 5882. Definitions.
Sec. 5883. Prohibition on procurement of covered unmanned aircraft
systems from covered foreign entities.
Sec. 5884. Prohibition on operation of covered unmanned aircraft
systems from covered foreign entities.
Sec. 5885. Prohibition on use of Federal funds for purchases and
operation of covered unmanned aircraft systems from
covered foreign entities.
Sec. 5886. Prohibition on use of Government-issued Purchase Cards to
purchase covered unmanned aircraft systems from covered
foreign entities.
Sec. 5887. Management of existing inventories of covered unmanned
aircraft systems from covered foreign entities.
Sec. 5888. Comptroller General report.
Sec. 5889. Government-wide policy for procurement of unmanned aircraft
systems.
Sec. 5890. State, local, and territorial law enforcement and emergency
service exemption.
Sec. 5891. Study.
Sec. 5892. Exceptions.
Sec. 5893. Sunset.
TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 5901. Establishment of Office of Strategic Capital.
TITLE LX--GENERAL PROVISIONS
Subtitle C--Naval Vessels
Sec. 6011. Battle force ship employment, maintenance, and manning
baseline plans.
Subtitle F--Studies and Reports
Sec. 6021. Report on land held by entities connected to the People`s
Republic of China near military installations or military
airspace in the United States.
Sec. 6022. Report on impact of global critical mineral and metal
reserves on United States military equipment supply
chains.
Sec. 6023. Crosscut report on Arctic research programs.
Subtitle G--Other Matters
Sec. 6031. Definition of land use revenue under West Los Angeles
Leasing Act of 2016.
[[Page S6071]]
Sec. 6032. Financial assistance for construction of test beds and
specialized facilities.
Sec. 6033. Homeland Procurement Reform Act.
Sec. 6034. Collection, verification, and disclosure of information by
online marketplaces to inform consumers.
Sec. 6035. Low power TV stations.
Sec. 6036. Post-employment restrictions on Senate-confirmed officials
at the Department of State.
Sec. 6037. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 6038. Incentives for States to create sexual assault survivors`
bill of rights.
Sec. 6039. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated networks linked
to the regime of Bashar al-Assad in Syria.
Sec. 6039A. Outreach to historically Black colleges and universities
and minority serving institutions regarding National
Security Innovation Network (NSIN) programs that promote
entrepreneurship and innovation at institutions of higher
education.
Sec. 6039B. Modification of authority of Secretary of Defense to
transfer excess aircraft to other departments of the
Federal Government and authority to transfer excess
aircraft to States.
Sec. 6039C. HBCU RISE.
Sec. 6039D. Office of Civil Rights and Inclusion.
Sec. 6039E. Improved application of employment and reemployment rights
of all members of uniformed services.
Sec. 6039F. Weatherization Assistance Program.
Sec. 6039G. Technical corrections to Honoring our PACT Act of 2022.
Sec. 6039H. Treatment of exemptions under FARA.
Sec. 6039I. Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes.
Sec. 6039J. Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and related
improvements.
Subtitle H--Judicial Security and Privacy
Sec. 6041. Short title.
Sec. 6042. Findings and purpose.
Sec. 6043. Definitions.
Sec. 6044. Protecting covered information in public records.
Sec. 6045. Training and education.
Sec. 6046. Vulnerability management capability.
Sec. 6047. Rules of construction.
Sec. 6048. Severability.
Sec. 6049. Effective date.
Subtitle I--21st Century Assistive Technology Act
Sec. 6051. Short title.
Sec. 6052. Reauthorization.
Sec. 6053. Effective date.
TITLE LXI--CIVILIAN PERSONNEL MATTERS
Sec. 6101. Civilian Cybersecurity Reserve pilot project at the
Cybersecurity and Infrastructure Security Agency.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 6201. Security cooperation activities at Counter-UAS Training
Academy.
Sec. 6202. United States - Israel Artificial Intelligence Center.
Subtitle C--Matters Relating to Europe and the Russian Federation
Sec. 6231. Briefing on supporting Government of Ukraine to mitigate,
treat, and rehabilitate traumatic extremity injuries and
traumatic brain injuries of Ukrainian soldiers.
Sec. 6232. Prohibition against United States recognition of the Russian
Federation`s claim of sovereignty over any portion of
Ukraine.
Sec. 6233. Temporary authorizations related to Ukraine and other
matters.
Sec. 6234. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over sovereign Ukrainian
territory.
Sec. 6235. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Subtitle D--Matters Relating to the Indo-Pacific Region
Sec. 6241. Review of port and port-related infrastructure purchases and
investments made by the Government of the People`s
Republic of China and entities directed or backed by the
Government of the People`s Republic of China.
Sec. 6242. Special Envoy to the Pacific Islands Forum.
Subtitle F--Other Matters
Sec. 6271. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 6272. Global food security.
Sec. 6273. Ending global wildlife poaching and trafficking.
Sec. 6274. Center for Excellence in Environmental Security.
Subtitle G--United States-Ecuador Partnership Act of 2022
Sec. 6281. Short title; table of contents.
Sec. 6282. Findings.
Sec. 6283. Sense of Congress.
Sec. 6284. Facilitating economic and commercial ties.
Sec. 6285. Promoting inclusive economic development.
Sec. 6286. Combating illicit economies, corruption, and negative
foreign influence.
Sec. 6287. Strengthening democratic governance.
Sec. 6288. Fostering conservation and stewardship.
Sec. 6289. Authorization to transfer excess Coast Guard vessels.
Sec. 6289A. Reporting requirements.
Sec. 6289B. Sunset.
Subtitle H--International Pandemic Preparedness
Sec. 6291. Short title.
Sec. 6292. Definitions.
Sec. 6293. Enhancing the United States` international response to the
COVID-19 pandemic.
Sec. 6294. International pandemic prevention and preparedness.
Sec. 6295. International financing mechanism for global health security
and pandemic prevention and preparedness.
Sec. 6296. General provisions.
Sec. 6297. Sunset.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Sec. 6501. Sense of the Senate on personnel for the Space Development
Agency.
Sec. 6502. Authorization of workforce development and training
partnership programs within National Nuclear Security
Administration.
Sec. 6503. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
TITLE LXVI--CYBERSPACE-RELATED MATTERS
Sec. 6601. Additional amount for cyber partnership activities.
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Sec. 7801. Comptroller General assessment of implementation of certain
statutory provisions intended to improve the experience
of residents of privatized military housing.
Sec. 7802. Land Conveyance, Starkville, Mississippi.
Sec. 7803. Land conveyance, Lewes, Delaware.
TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 8101. Plan to accelerate restoration of domestic uranium
enrichment.
Sec. 8102. Assessment of readiness and survivability of strategic
forces of the United States.
Sec. 8103. U.S. nuclear fuels security initiative.
Sec. 8104. Isotope demonstration and advanced nuclear research
infrastructure enhancement.
Sec. 8105. Report on civil nuclear credit program.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Modification of advisory board in National Reconnaissance
Office.
Sec. 302. Prohibition on employment with governments of certain
countries.
Sec. 303. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 304. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of Director of
National Intelligence.
Sec. 305. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 306. Establishment of advisory board for National Geospatial-
Intelligence Agency.
[[Page S6072]]
Sec. 307. Annual reports on status of recommendations of Comptroller
General of the United States for the Director of National
Intelligence.
Sec. 308. Timely submission of budget documents from intelligence
community.
Sec. 309. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 310. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence Agency for certain
injuries to the brain.
Sec. 311. Modifications to Foreign Malign Influence Response Center.
Sec. 312. Requirement to offer cyber protection support for personnel
of intelligence community in positions highly vulnerable
to cyber attack.
Sec. 313. Minimum cybersecurity standards for national security systems
of intelligence community.
Sec. 314. Review and report on intelligence community activities under
Executive Order 12333.
Sec. 315. Elevation of the commercial and business operations office of
the National Geospatial-Intelligence Agency.
Sec. 316. Assessing intelligence community open-source support for
export controls and foreign investment screening.
Sec. 317. Annual training requirement and report regarding analytic
standards.
Sec. 318. Historical Advisory Panel of the Central Intelligence Agency.
TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE`S REPUBLIC OF
CHINA
Sec. 401. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 402. Identification and threat assessment of companies with
investments by the People`s Republic of China.
Sec. 403. Intelligence community working group for monitoring the
economic and technological capabilities of the People`s
Republic of China.
Sec. 404. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the People`s
Republic of China.
Sec. 405. Assessments of production of semiconductors by the People`s
Republic of China.
TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS
Sec. 501. Improving onboarding of personnel in intelligence community.
Sec. 502. Improving onboarding at the Central Intelligence Agency.
Sec. 503. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 504. Comptroller General of the United States assessment of
administration of polygraphs in intelligence community.
Sec. 505. Timeliness in the administration of polygraphs.
Sec. 506. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 507. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 508. Establishing process parity for adverse security clearance
and access determinations.
Sec. 509. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and access
determinations.
Sec. 510. Comptroller General of the United States report on use of
Government and industry space certified as sensitive
compartmented information facilities.
TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
Sec. 601. Submittal of complaints and information by whistleblowers in
the intelligence community to Congress.
Sec. 602. Modification of whistleblower protections for contractor
employees in intelligence community.
Sec. 603. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure by employees
and contractors in intelligence community.
Sec. 604. Definitions regarding whistleblower complaints and
information of urgent concern received by inspectors
general of the intelligence community.
TITLE VII--OTHER MATTERS
Sec. 701. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 702. Modification of requirement for office to address
unidentified aerospace-undersea phenomena.
Sec. 703. Unidentified aerospace-undersea phenomena reporting
procedures.
Sec. 704. Comptroller General of the United States compilation of
unidentified aerospace-undersea phenomena records.
Sec. 705. Office of Global Competition Analysis.
Sec. 706. Report on tracking and collecting precursor chemicals used in
the production of synthetic opioids.
Sec. 707. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 708. Notifications regarding transfers of detainees at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 709. Report on international norms, rules, and principles
applicable in space.
Sec. 710. Assessments of the effects of sanctions imposed with respect
to the Russian Federation`s invasion of Ukraine.
Sec. 711. Assessments and briefings on implications of food insecurity
that may result from the Russian Federation`s invasion of
Ukraine.
Sec. 712. Pilot program for Director of Federal Bureau of Investigation
to undertake an effort to identify International Mobile
Subscriber Identity-catchers and develop countermeasures.
Sec. 713. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
DIVISION G--DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 5101. Modernizing the Bureau of Arms Control, Verification, and
Compliance and the Bureau of International Security and
Nonproliferation.
Sec. 5102. Notification to Congress for United States nationals
unlawfully or wrongfully detained abroad.
Sec. 5103. Family Engagement Coordinator.
Sec. 5104. Rewards for Justice.
Sec. 5105. Ensuring geographic diversity and accessibility of passport
agencies.
Sec. 5106. Cultural Antiquities Task Force.
Sec. 5107. Briefing on ``China House``.
Sec. 5108. Office of Sanctions Coordination.
TITLE LII--PERSONNEL ISSUES
Sec. 5201. Department of State paid Student Internship Program.
Sec. 5202. Improvements to the prevention of, and the response to,
harassment, discrimination, sexual assault, and related
retaliation.
Sec. 5203. Increasing the maximum amount authorized for science and
technology fellowship grants and cooperative agreements.
Sec. 5204. Additional personnel to address backlogs in hiring and
investigations.
Sec. 5205. Foreign affairs training.
Sec. 5206. Security clearance approval process.
Sec. 5207. Addendum for study on foreign service allowances.
Sec. 5208. Curtailments, removals from post, and waivers of privileges
and immunities.
Sec. 5209. Report on worldwide availability.
Sec. 5210. Professional development.
Sec. 5211. Management assessments at diplomatic and consular posts.
Sec. 5212. Independent review of promotion policies.
Sec. 5213. Third party verification of permanent change of station
(PCS) orders.
Sec. 5214. Post-employment restrictions on Senate-confirmed officials
at the Department of State.
Sec. 5215. Expansion of authorities regarding special rules for certain
monthly workers` compensation payments and other
payments.
TITLE LIII--EMBASSY SECURITY AND CONSTRUCTION
Sec. 5301. Amendments to Secure Embassy Construction and
Counterterrorism Act of 1999.
Sec. 5302. Diplomatic support and security.
Sec. 5303. Establishment of United States embassies in Vanuatu,
Kiribati, and Tonga.
TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 5401. Report on barriers to applying for employment with the
Department of State.
Sec. 5402. Collection, analysis, and dissemination of workforce data.
Sec. 5403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 5404. Institute for Transatlantic Engagement.
Sec. 5405. Rule of construction.
TITLE LV--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 5501. United States international cyberspace policy.
Sec. 5502. Bureau of Cyberspace and Digital Policy.
[[Page S6073]]
Sec. 5503. International cyberspace and digital policy strategy.
Sec. 5504. Government Accountability Office report on cyber diplomacy.
Sec. 5505. Report on diplomatic programs to detect and respond to cyber
threats against allies and partners.
Sec. 5506. Cybersecurity recruitment and retention.
Sec. 5507. Short course on emerging technologies for senior officials.
Sec. 5508. Establishment and expansion of Regional Technology Officer
Program.
Sec. 5509. Vulnerability disclosure policy and bug bounty program
report.
TITLE LVI--PUBLIC DIPLOMACY
Sec. 5601. United States participation in international fairs and
expositions.
Sec. 5602. Press freedom curriculum.
Sec. 5603. Global Engagement Center.
Sec. 5604. Under Secretary for Public Diplomacy.
TITLE LVII--OTHER MATTERS
Sec. 5701. Supporting the employment of United States citizens by
international organizations.
Sec. 5702. Increasing housing availability for certain employees
assigned to the United States Mission to the United
Nations.
Sec. 5703. Limitation on United States contributions to peacekeeping
operations not authorized by the United Nations Security
Council.
Sec. 5704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia,
the Middle East Broadcasting Networks, and the Open
Technology Fund.
Sec. 5705. Broadcasting entities no longer required to consolidate into
a single private, nonprofit corporation.
Sec. 5706. International broadcasting activities.
Sec. 5707. Global internet freedom.
Sec. 5708. Arms Export Control Act alignment with the Export Control
Reform Act.
Sec. 5709. Increasing the maximum annual lease payment available
without approval by the Secretary.
Sec. 5710. Report on United States access to critical mineral resources
abroad.
Sec. 5711. Overseas United States strategic infrastructure development
projects.
Sec. 5712. Provision of parking services and retention of parking fees.
Sec. 5713. Diplomatic reception areas.
Sec. 5714. Consular and border security programs visa services cost
recovery proposal.
Sec. 5715. Return of supporting documents for passport applications
through United States Postal Service certified mail.
Sec. 5716. Report on distribution of personnel and resources related to
ordered departures and post closures.
Sec. 5717. Elimination of obsolete reports.
Sec. 5718. Locality pay for Federal employees working overseas under
Domestic Employee Teleworking Overseas agreements.
Sec. 5719. Modifications to sanctions with respect to human rights
violations.
Sec. 5720. Report on countering the activities of malign actors.
TITLE LVIII--EXTENSION OF AUTHORITIES
Sec. 5801. Consulting services.
Sec. 5802. Diplomatic facilities.
Sec. 5803. Extension of existing authorities.
Sec. 5804. War reserves stockpile and military training report.
Sec. 5805. Commission on Reform and Modernization of the Department of
State.
DIVISION H--MATTERS RELATED TO TAIWAN
Sec. 10001. Short title.
TITLE I--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
Sec. 10101. Modernizing Taiwan`s security capabilities to deter and, if
necessary, defeat aggression by the People`s Republic of
China.
Sec. 10102. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 10103. International military education and training cooperation
with Taiwan.
Sec. 10104. Additional authorities to support Taiwan.
Sec. 10105. Multi-year plan to fulfill defensive requirements of
military forces of Taiwan and modification of annual
report on Taiwan military capabilities and intelligence
support.
Sec. 10106. Fast-tracking sales to Taiwan under Foreign Military Sales
program.
Sec. 10107. Expediting delivery of arms exports to Taiwan and United
States allies in the Indo-Pacific.
Sec. 10108. Assessment of Taiwan`s needs for civilian defense and
resilience.
Sec. 10109. Annual report on Taiwan defensive military capabilities and
intelligence support.
TITLE II--COUNTERING PEOPLE`S REPUBLIC OF CHINA`S COERCION AND
INFLUENCE CAMPAIGNS
Sec. 10201. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 10202. Strategy to counter economic coercion by the People`s
Republic of China targeting countries and entities that
support Taiwan.
Sec. 10203. China censorship monitor and action group.
TITLE III--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
Sec. 10301. Participation of Taiwan in international organizations.
Sec. 10302. Meaningful participation of Taiwan in the International
Civil Aviation Organization.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 10401. Report on Taiwan Travel Act.
Sec. 10402. Amendments to the Taiwan Allies International Protection
and Enhancement Initiative (Taipei) Act of 2019.
Sec. 10403. Report on role of People`s Republic of China`s nuclear
threat in escalation dynamics.
Sec. 10404. Report analyzing the impact of Russia`s war against Ukraine
on the objectives of the People`s Republic of China with
respect to Taiwan.
TITLE V--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
Sec. 10501. Short title.
Sec. 10502. Definitions.
Sec. 10503. Study.
TITLE VI--RULES OF CONSTRUCTION
Sec. 10601. Rule of construction.
Sec. 10602. Rule of construction regarding the use of military force.
DIVISION I--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS MATTERS
Sec. 5001. Table of contents.
TITLE LI--HOMELAND SECURITY
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 5101. Short title.
Sec. 5102. Definitions.
Sec. 5103. Assessment of global catastrophic risk.
Sec. 5104. Report required.
Sec. 5105. Enhanced catastrophic incident annex.
Sec. 5106. Validation of the strategy through an exercise.
Sec. 5107. Recommendations.
Sec. 5108. Reporting requirements.
Sec. 5109. Rule of construction.
Subtitle B--DHS Economic Security Council
Sec. 5111. DHS Economic Security Council.
Subtitle C--Transnational Criminal Investigative Units
Sec. 5121. Short title.
Sec. 5122. Stipends for transnational criminal investigative units.
Subtitle D--Technological Hazards Preparedness and Training
Sec. 5131. Short title.
Sec. 5132. Definitions.
Sec. 5133. Assistance and Training for Communities with Technological
Hazards and Related Emerging Threats.
Sec. 5134. Authorization of Appropriations.
Sec. 5135. Savings provision.
Subtitle E--Offices of Countering Weapons of Mass Destruction and
Health Security
Sec. 5141. Short title.
Chapter 1--Countering Weapons of Mass Destruction Office
Sec. 5142. Countering Weapons of Mass Destruction Office.
Sec. 5143. Rule of construction.
Chapter 2--Office of Health Security
Sec. 5144. Office of Health Security.
Sec. 5145. Medical countermeasures program.
Sec. 5146. Confidentiality of medical quality assurance records.
Sec. 5147. Technical and conforming amendments.
Subtitle F--Satellite Cybersecurity Act
Sec. 5151. Short title.
Sec. 5152. Definitions.
Sec. 5153. Report on commercial satellite cybersecurity.
Sec. 5154. Responsibilities of the Cybersecurity and Infrastructure
Security Agency.
Sec. 5155. Strategy.
Sec. 5156. Rules of construction.
Subtitle G--Pray Safe Act
Sec. 5161. Short title.
Sec. 5162. Definitions.
Sec. 5163. Federal Clearinghouse on Safety and Security Best Practices
for Faith-Based Organizations and Houses of Worship.
Sec. 5164. Notification of Clearinghouse.
Sec. 5165. Grant program overview.
Sec. 5166. Other resources.
Sec. 5167. Rule of construction.
Sec. 5168. Exemption.
Subtitle H--Invent Here, Make Here for Homeland Security Act
Sec. 5171. Short title.
Sec. 5172. Preference for United States industry.
Subtitle I--DHS Joint Task Forces Reauthorization
Sec. 5181. Short title.
[[Page S6074]]
Sec. 5182. Sense of the Senate.
Sec. 5183. Amending section 708 of the Homeland Security Act of 2002.
Subtitle J--Other Provisions
Chapter 1--CISA Technical Corrections and Improvements
Sec. 5191. CISA Technical Corrections and Improvements.
Chapter 2--Post-Disaster Mental Health Response Act
Sec. 5192. Post-Disaster Mental Health Response.
TITLE LII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 5201. Requirement for information sharing agreements.
Subtitle B--Improving Government for America`s Taxpayers
Sec. 5211. Government Accountability Office unimplemented priority
recommendations.
Subtitle C--Advancing American AI Act
Sec. 5221. Short title.
Sec. 5222. Purposes.
Sec. 5223. Definitions.
Sec. 5224. Principles and policies for use of artificial intelligence
in Government.
Sec. 5225. Agency inventories and artificial intelligence use cases.
Sec. 5226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate modernization
activities related to use cases.
Sec. 5227. Enabling entrepreneurs and agency missions.
Sec. 5228. Intelligence community exception.
Subtitle D--Strategic EV Management
Sec. 5231. Short Title.
Sec. 5232. Definitions.
Sec. 5233. Strategic guidance.
Sec. 5234. Study of Federal fleet vehicles.
Subtitle E--Congressionally Mandated Reports
Sec. 5241. Short title.
Sec. 5242. Definitions.
Sec. 5243. Establishment of online portal for congressionally mandated
reports.
Sec. 5244. Federal agency responsibilities.
Sec. 5245. Changing or removing reports.
Sec. 5246. Withholding of information.
Sec. 5247. Implementation.
Sec. 5248. Determination of budgetary effects.
DIVISION J--WATER RESOURCES DEVELOPMENT ACT OF 2022
Sec. 5001. Short title.
Sec. 5002. Definition of Secretary.
TITLE LI--GENERAL PROVISIONS
Sec. 5101. Scope of feasibility studies.
Sec. 5102. Shoreline and riverbank protection and restoration mission.
Sec. 5103. Inland waterway projects.
Sec. 5104. Protection and restoration of other Federal land along
rivers and coasts.
Sec. 5105. Policy and technical standards.
Sec. 5106. Planning assistance to States.
Sec. 5107. Floodplain management services.
Sec. 5108. Workforce planning.
Sec. 5109. Credit in lieu of reimbursement.
Sec. 5110. Coastal cost calculations.
Sec. 5111. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 5112. Use of emergency funds.
Sec. 5113. Research and development.
Sec. 5114. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 5115. Non-Federal Interest Advisory Committee.
Sec. 5116. Underserved community harbor projects.
Sec. 5117. Corps of Engineers Western Water Cooperative Committee.
Sec. 5118. Updates to certain water control manuals.
Sec. 5119. Sense of Congress on operations and maintenance of
recreation sites.
Sec. 5120. Relocation assistance.
Sec. 5121. Reprogramming limits.
Sec. 5122. Lease durations.
Sec. 5123. Sense of Congress relating to post-disaster repairs.
Sec. 5124. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 5125. Reforestation.
Sec. 5126. Use of other Federal funds.
Sec. 5127. National low-head dam inventory.
Sec. 5128. Transfer of excess credit.
Sec. 5129. National levee restoration.
Sec. 5130. Inland waterways regional dredge pilot program.
Sec. 5131. Funding to process permits.
Sec. 5132. Non-Federal project implementation pilot program.
Sec. 5133. Cost sharing for territories and Indian Tribes.
Sec. 5134. Water supply conservation.
Sec. 5135. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 5136. Protection of lighthouses.
Sec. 5137. Expediting hydropower at Corps of Engineers facilities.
Sec. 5138. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation facilities.
Sec. 5139. Dredged material management plans.
Sec. 5140. Lease deviations.
Sec. 5141. Columbia River Basin.
Sec. 5142. Continuation of construction.
TITLE LII--STUDIES AND REPORTS
Sec. 5201. Authorization of feasibility studies.
Sec. 5202. Special rules.
Sec. 5203. Expedited completion of studies.
Sec. 5204. Studies for periodic nourishment.
Sec. 5205. NEPA reporting.
Sec. 5206. GAO audit of projects over budget or behind schedule.
Sec. 5207. GAO study on project distribution.
Sec. 5208. GAO audit of joint costs for operations and maintenance.
Sec. 5209. GAO review of Corps of Engineers mitigation practices.
Sec. 5210. Sabine-Neches Waterway Navigation Improvement project,
Texas.
Sec. 5211. Great Lakes recreational boating.
Sec. 5212. Central and Southern Florida.
Sec. 5213. Investments for recreation areas.
Sec. 5214. Western infrastructure study.
Sec. 5215. Upper Mississippi River and Illinois Waterway System.
Sec. 5216. West Virginia hydropower.
Sec. 5217. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 5218. Automated fee machines.
Sec. 5219. Lake Champlain Canal, Vermont and New York.
Sec. 5220. Report on concessionaire practices.
TITLE LIII--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
Sec. 5301. Additional assistance for critical projects.
Sec. 5302. Southern West Virginia.
Sec. 5303. Northern West Virginia.
Sec. 5304. Local cooperation agreements, northern West Virginia.
Sec. 5305. Special rule for certain beach nourishment projects.
Sec. 5306. Coastal community flood control and other purposes.
Sec. 5307. Modifications.
Sec. 5308. Port Fourchon, Louisiana, dredged material disposal plan.
Sec. 5309. Delaware shore protection and restoration.
Sec. 5310. Great Lakes advance measures assistance.
Sec. 5311. Rehabilitation of existing levees.
Sec. 5312. Pilot program for certain communities.
Sec. 5313. Rehabilitation of Corps of Engineers constructed pump
stations.
Sec. 5314. Chesapeake Bay environmental restoration and protection
program.
Sec. 5315. Evaluation of hydrologic changes in Souris River Basin.
Sec. 5316. Memorandum of understanding relating to Baldhill Dam, North
Dakota.
Sec. 5317. Upper Mississippi River restoration program.
Sec. 5318. Harmful algal bloom demonstration program.
Sec. 5319. Colleton County, South Carolina.
Sec. 5320. Arkansas River corridor, Oklahoma.
Sec. 5321. Abandoned and inactive noncoal mine restoration.
Sec. 5322. Asian carp prevention and control pilot program.
Sec. 5323. Forms of assistance.
Sec. 5324. Debris removal, New York Harbor, New York.
Sec. 5325. Invasive species management.
Sec. 5326. Wolf River Harbor, Tennessee.
Sec. 5327. Missouri River mitigation, Missouri, Kansas, Iowa, and
Nebraska.
Sec. 5328. Invasive species management pilot program.
Sec. 5329. Nueces County, Texas, conveyances.
Sec. 5330. Mississippi Delta Headwaters, Mississippi.
Sec. 5331. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 5332. Timely reimbursement.
Sec. 5333. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 5334. Lake Tahoe Basin restoration, Nevada and California.
Sec. 5335. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 5336. Tribal partnership program.
Sec. 5337. Surplus water contracts and water storage agreements.
Sec. 5338. Copan Lake, Oklahoma.
Sec. 5339. Enhanced development program.
Sec. 5340. Ecosystem restoration coordination.
Sec. 5341. Acequias irrigation systems.
Sec. 5342. Rogers County, Oklahoma.
Sec. 5343. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 5344. Non-Federal payment flexibility.
Sec. 5345. North Padre Island, Corpus Christi Bay, Texas.
Sec. 5346. Waiver of non-Federal share of damages related to certain
contract claims.
Sec. 5347. Algiers Canal Levees, Louisiana.
Sec. 5348. Israel River ice control project, Lancaster, New Hampshire.
Sec. 5349. City of El Dorado, Kansas.
Sec. 5350. Upper Mississippi River protection.
Sec. 5351. Regional Corps of Engineers Office, Corpus Christi, Texas.
Sec. 5352. Pilot program for good neighbor authority on Corps of
Engineers land.
[[Page S6075]]
Sec. 5353. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 5354. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 5355. Comprehensive Everglades Restoration Plan, Florida.
Sec. 5356. Maintenance dredging permits.
Sec. 5357. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 5358. Tribal assistance.
Sec. 5359. Recreational opportunities at certain projects.
Sec. 5360. Rehabilitation of Corps of Engineers constructed dams.
Sec. 5361. South Florida Ecosystem Restoration Task Force.
Sec. 5362. New Madrid County Harbor, Missouri.
Sec. 5363. Trinity River and tributaries, Texas.
Sec. 5364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois.
Sec. 5365. Federal assistance.
Sec. 5366. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 5367. Lake Barkley, Kentucky, land conveyance.
TITLE LIV--WATER RESOURCES INFRASTRUCTURE
Sec. 5401. Project authorizations.
Sec. 5402. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 5403. Expedited completion of projects.
Sec. 5404. Special rules.
Sec. 5405. Chattahoochee River program.
Sec. 5406. Lower Mississippi River Basin demonstration program.
Sec. 5407. Forecast-informed reservoir operations.
Sec. 5408. Mississippi River mat sinking unit.
Sec. 5409. Sense of Congress relating to Okatibbee Lake.
DIVISION K--COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 5001. Short title; table of contents.
Sec. 5002. Definition of Commandant.
TITLE LI--AUTHORIZATIONS
Sec. 5101. Authorization of appropriations.
Sec. 5102. Authorized levels of military strength and training.
Sec. 5103. Authorization for shoreside infrastructure and facilities.
Sec. 5104. Authorization for acquisition of vessels.
Sec. 5105. Authorization for the child care subsidy program.
TITLE LII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 5201. Report on shoreside infrastructure and facilities needs.
Sec. 5202. Fleet mix analysis and shore infrastructure investment plan.
Sec. 5203. Acquisition life-cycle cost estimates.
Sec. 5204. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 5205. Study and report on national security and drug trafficking
threats in the Florida Straits and Caribbean region,
including Cuba.
Sec. 5206. Coast Guard Yard.
Sec. 5207. Authority to enter into transactions other than contracts
and grants to procure cost-effective technology for
mission needs.
Sec. 5208. Improvements to infrastructure and operations planning.
Sec. 5209. Aqua alert notification system pilot program.
Subtitle B--Great Lakes
Sec. 5211. Great Lakes winter commerce.
Sec. 5212. Database on icebreaking operations in the Great Lakes.
Sec. 5213. Great Lakes snowmobile acquisition plan.
Sec. 5214. Great Lakes barge inspection exemption.
Sec. 5215. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 5221. Establishment of the Arctic Security Cutter Program Office.
Sec. 5222. Arctic activities.
Sec. 5223. Study on Arctic operations and infrastructure.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 5231. Enhancing maritime cybersecurity.
Sec. 5232. Establishment of unmanned system program and autonomous
control and computer vision technology project.
Sec. 5233. Artificial intelligence strategy.
Sec. 5234. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 5235. Cyber data management.
Sec. 5236. Data management.
Sec. 5237. Study on cyber threats to the United States marine
transportation system.
Subtitle E--Aviation
Sec. 5241. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 5242. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 5243. Study on the operational availability of Coast Guard
aircraft and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 5251. Authorized strength.
Sec. 5252. Number and distribution of officers on active duty promotion
list.
Sec. 5253. Continuation on active duty of officers with critical
skills.
Sec. 5254. Career incentive pay for marine inspectors.
Sec. 5255. Expansion of the ability for selection board to recommend
officers of particular merit for promotion.
Sec. 5256. Modification to education loan repayment program.
Sec. 5257. Retirement of Vice Commandant.
Sec. 5258. Report on resignation and retirement processing times and
denial.
Sec. 5259. Physical disability evaluation system procedure review.
Sec. 5260. Expansion of authority for multirater assessments of certain
personnel.
Sec. 5261. Promotion parity.
Sec. 5262. Partnership program to diversify the Coast Guard.
Sec. 5263. Expansion of Coast Guard Junior Reserve Officers` Training
Corps.
Sec. 5264. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty members.
Sec. 5265. Strategy to enhance diversity through recruitment and
accession.
Sec. 5266. Support for Coast Guard Academy.
Sec. 5267. Training for congressional affairs personnel.
Sec. 5268. Strategy for retention of cuttermen.
Sec. 5269. Study on performance of Coast Guard Force Readiness Command.
Sec. 5270. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 5281. Budgeting of Coast Guard relating to certain operations.
Sec. 5282. Coast Guard assistance to United States Secret Service.
Sec. 5283. Conveyance of Coast Guard vessels for public purposes.
Sec. 5284. Authorization relating to certain intelligence and counter
intelligence activities of the Coast Guard.
Sec. 5285. Transfer and conveyance.
Sec. 5286. Transparency and oversight.
Sec. 5287. Study on safety inspection program for containers and
facilities.
Sec. 5288. Study on maritime law enforcement workload requirements.
Sec. 5289. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 5290. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 5291. Operational data sharing capability.
Sec. 5292. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 5293. Assessment of Iran sanctions relief on Coast Guard
operations under the Joint Comprehensive Plan of Action.
Sec. 5294. Report on shipyards of Finland and Sweden.
Sec. 5295. Prohibition on construction contracts with entities
associated with the Chinese Communist Party.
Sec. 5296. Review of drug interdiction equipment and standards; testing
for fentanyl during interdiction operations.
Sec. 5297. Public availability of information on monthly migrant
interdictions.
TITLE LIII--ENVIRONMENT
Sec. 5301. Definition of Secretary.
Subtitle A--Marine Mammals
Sec. 5311. Definitions.
Sec. 5312. Assistance to ports to reduce the impacts of vessel traffic
and port operations on marine mammals.
Sec. 5313. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 5314. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 5315. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 5321. Improving oil spill preparedness.
Sec. 5322. Western Alaska oil spill planning criteria.
Sec. 5323. Accident and incident notification relating to pipelines.
Sec. 5324. Coast Guard claims processing costs.
Sec. 5325. Calculation of interest on debt owed to the national
pollution fund.
Sec. 5326. Per-incident limitation.
Sec. 5327. Access to the Oil Spill Liability Trust Fund.
Sec. 5328. Cost-reimbursable agreements.
Sec. 5329. Oil spill response review.
[[Page S6076]]
Sec. 5330. Review and report on limited indemnity provisions in standby
oil spill response contracts.
Sec. 5331. Additional exceptions to regulations for towing vessels.
Subtitle C--Environmental Compliance
Sec. 5341. Review of anchorage regulations.
Sec. 5342. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from the development of renewable
energy on the West Coast.
Subtitle D--Environmental Issues
Sec. 5351. Modifications to the Sport Fish Restoration and Boating
Trust Fund administration.
Sec. 5352. Improvements to Coast Guard communication with North Pacific
maritime and fishing industry.
Sec. 5353. Fishing safety training grants program.
Sec. 5354. Load lines.
Sec. 5355. Actions by National Marine Fisheries Service to increase
energy production.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 5361. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 5362. Enhancement of Seafood Import Monitoring Program Automated
Commercial Environment Message Set.
Sec. 5363. Data sharing and aggregation.
Sec. 5364. Import audits.
Sec. 5365. Availability of fisheries information.
Sec. 5366. Report on Seafood Import Monitoring Program.
Sec. 5367. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management to Combat
Human Trafficking
Sec. 5370. Denial of port privileges.
Sec. 5371. Identification and certification criteria.
Sec. 5372. Equivalent conservation measures.
Sec. 5373. Capacity building in foreign fisheries.
Sec. 5374. Training of United States Observers.
Sec. 5375. Regulations.
Sec. 5376. Use of Devices Broadcasting on AIS for Purposes of Marking
Fishing Gear.
TITLE LIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 5401. Coast Guard child care improvements.
Sec. 5402. Armed Forces access to Coast Guard child care facilities.
Sec. 5403. Cadet pregnancy policy improvements.
Sec. 5404. Combat-related special compensation.
Sec. 5405. Study on food security.
Subtitle B--Healthcare
Sec. 5421. Development of medical staffing standards for the Coast
Guard.
Sec. 5422. Healthcare system review and strategic plan.
Sec. 5423. Data collection and access to care.
Sec. 5424. Behavioral health policy.
Sec. 5425. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 5426. Improvements to the Physical Disability Evaluation System
and transition program.
Sec. 5427. Expansion of access to counseling.
Sec. 5428. Expansion of postgraduate opportunities for members of the
Coast Guard in medical and related fields.
Sec. 5429. Study on Coast Guard telemedicine program.
Sec. 5430. Study on Coast Guard medical facilities needs.
Subtitle C--Housing
Sec. 5441. Strategy to improve quality of life at remote units.
Sec. 5442. Study on Coast Guard housing access, cost, and challenges.
Sec. 5443. Audit of certain military housing conditions of enlisted
members of the Coast Guard in Key West, Florida.
Sec. 5444. Study on Coast Guard housing authorities and privatized
housing.
Subtitle D--Other Matters
Sec. 5451. Report on availability of emergency supplies for Coast Guard
personnel.
TITLE LV--MARITIME
Subtitle A--Vessel Safety
Sec. 5501. Abandoned Seafarers Fund amendments.
Sec. 5502. Receipts; international agreements for ice patrol services.
Sec. 5503. Passenger vessel security and safety requirements.
Sec. 5504. At-sea recovery operations pilot program.
Sec. 5505. Exoneration and limitation of liability for small passenger
vessels.
Sec. 5506. Moratorium on towing vessel inspection user fees.
Sec. 5507. Certain historic passenger vessels.
Sec. 5508. Coast Guard digital registration.
Sec. 5509. Responses to safety recommendations.
Sec. 5510. Comptroller General of the United States study and report on
the Coast Guard`s oversight of third party organizations.
Sec. 5511. Articulated tug-barge manning.
Sec. 5512. Alternate safety compliance program exception for certain
vessels.
Subtitle B--Other Matters
Sec. 5521. Definition of a stateless vessel.
Sec. 5522. Report on enforcement of coastwise laws.
Sec. 5523. Study on multi-level supply chain security strategy of the
department of homeland security.
Sec. 5524. Study to modernize the merchant mariner licensing and
documentation system.
Sec. 5525. Study and report on development and maintenance of mariner
records database.
Sec. 5526. Assessment regarding application process for merchant
mariner credentials.
Sec. 5527. Military to Mariners Act of 2022.
Sec. 5528. Floating dry docks.
TITLE LVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 5601. Definitions.
Sec. 5602. Convicted sex offender as grounds for denial.
Sec. 5603. Accommodation; notices.
Sec. 5604. Protection against discrimination.
Sec. 5605. Alcohol at sea.
Sec. 5606. Sexual harassment or sexual assault as grounds for
suspension and revocation.
Sec. 5607. Surveillance requirements.
Sec. 5608. Master key control.
Sec. 5609. Safety management systems.
Sec. 5610. Requirement to report sexual assault and harassment.
Sec. 5611. Access to care and sexual assault forensic examinations.
Sec. 5612. Reports to Congress.
Sec. 5613. Policy on requests for permanent changes of station or unit
transfers by persons who report being the victim of
sexual assault.
Sec. 5614. Sex offenses and personnel records.
Sec. 5615. Study on Coast Guard oversight and investigations.
Sec. 5616. Study on Special Victims` Counsel program.
TITLE LVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
Sec. 5701. Definitions.
Sec. 5702. Requirement for appointments.
Sec. 5703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 5704. Authority to provide awards and decorations.
Sec. 5705. Retirement and separation.
Sec. 5706. Improving professional mariner staffing.
Sec. 5707. Legal assistance.
Sec. 5708. Acquisition of aircraft for extreme weather reconnaissance.
Sec. 5709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 5711. Conveyance of certain property of the National Oceanic and
Atmospheric Administration in Juneau, Alaska.
TITLE LVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 5801. Technical correction.
Sec. 5802. Reinstatement.
Sec. 5803. Terms and vacancies.
TITLE LIX--RULE OF CONSTRUCTION
Sec. 5901. Rule of construction.
DIVISION L--OCEANS AND ATMOSPHERE
Sec. 5001. Table of contents.
TITLE LI--CORAL REEF CONSERVATION
Sec. 5101. Short title.
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 5111. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 5121. Establishment.
Sec. 5122. Duties.
Sec. 5123. Membership.
Sec. 5124. Responsibilities of Federal agency members.
Sec. 5125. Working groups.
Sec. 5126. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 5131. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 5141. Short title.
Sec. 5142. Definitions.
Sec. 5143. Establishment of fellowship program.
Sec. 5144. Fellowship awards.
Sec. 5145. Matching requirement.
TITLE LII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 5201. Short title.
Sec. 5202. Purpose.
[[Page S6077]]
Sec. 5203. Sense of Congress.
Sec. 5204. Definitions.
Sec. 5205. Workforce study.
Sec. 5206. Accelerating innovation at Cooperative Institutes.
Sec. 5207. Blue Economy valuation.
Sec. 5208. No additional funds authorized.
Sec. 5209. No additional funds authorized.
TITLE LIII--REGIONAL OCEAN PARTNERSHIPS
Sec. 5301. Short title.
Sec. 5302. Findings; sense of Congress; purposes.
Sec. 5303. Regional Ocean Partnerships.
TITLE LIV--NATIONAL OCEAN EXPLORATION
Sec. 5401. Short title.
Sec. 5402. Findings.
Sec. 5403. Definitions.
Sec. 5404. Ocean Policy Committee.
Sec. 5405. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 5406. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric Administration.
Sec. 5407. Repeal.
Sec. 5408. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric Administration.
Sec. 5409. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE LV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 5501. Short title.
Sec. 5502. Data collection and dissemination.
Sec. 5503. Stranding or entanglement response agreements.
Sec. 5504. Unusual mortality event activity funding.
Sec. 5505. Liability.
Sec. 5506. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 5507. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 5508. Health MAP.
Sec. 5509. Reports to Congress.
Sec. 5510. Authorization of appropriations.
Sec. 5511. Definitions.
Sec. 5512. Study on marine mammal mortality.
TITLE LVI--VOLCANIC ASH AND FUMES
Sec. 5601. Short title.
Sec. 5602. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE LVII--WILDFIRE AND FIRE WEATHER PREPAREDNESS
Sec. 5701. Short title.
Sec. 5702. Definitions.
Sec. 5703. Establishment of fire weather services program.
Sec. 5704. National Oceanic and Atmospheric Administration data
management.
Sec. 5705. Digital fire weather services and data management.
Sec. 5706. High-performance computing.
Sec. 5707. Government Accountability Office report on fire weather
services program.
Sec. 5708. Fire weather testbed.
Sec. 5709. Fire weather surveys and assessments.
Sec. 5710. Incident Meteorologist Service.
Sec. 5711. Automated surface observing system.
Sec. 5712. Emergency response activities.
Sec. 5713. Government Accountability Office report on interagency
wildfire forecasting, prevention, planning, and
management bodies.
Sec. 5714. Amendments to Infrastructure Investment and Jobs Act
relating to wildfire mitigation.
Sec. 5715. Wildfire technology modernization amendments.
Sec. 5716. Cooperation; coordination; support to non-Federal entities.
Sec. 5717. International coordination.
Sec. 5718. Submissions to Congress regarding the fire weather services
program, incident meteorologist workforce needs, and
National Weather Service workforce support.
Sec. 5719. Government Accountability Office report; Fire Science and
Technology Working Group; strategic plan.
Sec. 5720. Fire weather rating system.
Sec. 5721. Avoidance of duplication.
Sec. 5722. Authorization of appropriations.
TITLE LVIII--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 5801. Short title.
Sec. 5802. Definitions.
Sec. 5803. Purposes.
Sec. 5804. Plan and implementation of plan to make certain models and
data available to the public.
Sec. 5805. Requirement to review models and leverage innovations.
Sec. 5806. Report on implementation.
Sec. 5807. Protection of national security interests.
Sec. 5808. Authorization of appropriations.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees``
has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation`` for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2023 for procurement for the Army, the Navy and the
Marine Corps, the Air Force and the Space Force, and Defense-
wide activities, as specified in the funding table in section
4101.
Subtitle B--Army Programs
SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE CANNON
ARTILLERY HOWITZERS.
(a) Limitations.--In carrying out the acquisition of
Extended Range Cannon Artillery howitzers, the Secretary of
the Army shall--
(1) limit production of prototype Extended Range Cannon
Artillery howitzers to not more than 18;
(2) compare the cost and value to the United States
Government of a Paladin Integrated Management-modification
production approach with a new-build production approach;
(3) include in any cost analysis or comparison--
(A) the value of a Paladin howitzer that may be modified to
produce an Extended Range Cannon Artillery howitzer; and
(B) the production value of government-owned infrastructure
that would be leveraged to facilitate the modification;
(4) use a full and open competitive approach using best
value criteria for post-prototype production source
selection; and
(5) base any production strategy and source selection
decisions on a full understanding of the cost of production,
including--
(A) the comparison of production approaches described in
paragraph (2); and
(B) any cost analysis or comparison described in paragraph
(3).
(b) Certification.--Before issuing a request for proposal
for the post-prototype production of an Extended Range Cannon
Artillery howitzer, the Secretary of the Army shall--
(1) certify to the congressional defense committees that
the acquisition strategy upon which the request for proposal
is based complies with the requirements of subsection (a);
and
(2) provide a briefing to the congressional defense
committees on that acquisition strategy and the relevant cost
and value comparison described in subsection (a)(2).
Subtitle C--Navy Programs
SEC. 121. DDG(X) DESTROYER PROGRAM.
(a) In General.--Notwithstanding subsection (e)(1) of
section 3201 of title 10, United States Code, and in
accordance with subsection (e)(3) of such section, the
Secretary of the Navy, for the covered program, shall--
(1) award prime contracts for concept design, preliminary
design, and contract design to eligible shipbuilders;
(2) award prime contracts for detailed design and
construction only to eligible shipbuilders; and
(3) allocate not less than one vessel and not more than two
vessels in the covered program to each eligible shipbuilder
before making a competitive contract award for the
construction of vessels in the covered program.
(b) Collaboration Requirement.--The Secretary of the Navy
shall maximize collaboration between the Federal Government
and eligible shipbuilders throughout the design, development,
and production of the covered program.
(c) Competitive Incentive Requirement.--The Secretary of
the Navy shall provide for competitive incentives throughout
the design, development, and production of the covered
program, including the following:
(1) Design labor hours, provided neither eligible
shipbuilder has fewer than 30 percent of aggregate design
labor hours in any phase of vessel design.
(2) Competitive solicitations for vessel procurement
following the actions required by subsection (a)(3).
(d) Technology Maturation Requirements.--The Secretary of
the Navy shall incorporate into the acquisition strategy of
the covered program the requirements of the following:
(1) Section 131 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1237).
(2) Section 221 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1599).
(e) Transition Requirement.--The Secretary of the Navy
shall ensure a transition from the Arleigh Burke-class
destroyer program to the covered program that maintains
predictable production workload at eligible shipbuilders.
(f) Definitions.--In this section:
(1) Covered program.--The term ``covered program`` means
the DDG(X) destroyer program.
[[Page S6078]]
(2) Eligible shipbuilder.--The term ``eligible
shipbuilder`` means any of the following:
(A) General Dynamics Bath Iron Works.
(B) Huntington Ingalls Incorporated, Ingalls Shipbuilding
division.
(3) Predictable production workload.--The term
``predictable production workload`` means production workload
that is not less than 70 percent of the average production
workload of the Arleigh Burke-class destroyer program over
the most recent five-fiscal year period throughout the
transition from the Arleigh Burke-class destroyer program to
the covered program.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE
CLASS DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to
section 3501 of title 10, United States Code, the Secretary
of the Navy may enter into one or more multiyear contracts
for the procurement of up to 15 Arleigh Burke class Flight
III guided missile destroyers.
(b) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts, beginning in
fiscal year 2023, for advance procurement associated with the
destroyers for which authorization to enter into a multiyear
procurement contract is provided under subsection (a), and
for systems and subsystems associated with such destroyers in
economic order quantities when cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2023 is subject
to the availability of appropriations or funds for that
purpose for such later fiscal year.
(d) Contract Requirement.--
(1) In general.--The Secretary of the Navy shall ensure
that a contract entered into under subsection (a) includes a
priced option to procure an additional such destroyer in each
of fiscal years 2023 through 2027.
(2) Option defined.--In this subsection, the term
``option`` has the meaning given that term in section 2.101
of the Federal Acquisition Regulation (or any successor
regulation).
SEC. 123. BLOCK BUY CONTRACTS FOR SHIP-TO-SHORE CONNECTOR
PROGRAM.
(a) Block Buy Contract Authority.--Beginning in fiscal year
2023, the Secretary of the Navy may enter into one or more
block buy contracts for the procurement of up to 10 Ship-to-
Shore Connector class craft and associated material.
(b) Liability.--Any contract entered into under subsection
(a) shall provide that--
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of
appropriations for that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total
amount of funding obligated to the contract at the time of
termination.
(c) Certification Required.--A contract may not be entered
into under subsection (a) unless the Secretary of the Navy
certifies to the congressional defense committees, in
writing, not later than 30 days before entry into the
contract, each of the following, which shall be prepared by
the milestone decision authority for such program:
(1) The use of such a contract is consistent with the Chief
of Naval Operations` projected force structure requirements
for such craft.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by craft, without the authority provided in subsection
(a);
(B) the estimated end cost and appropriated funds by fiscal
year, by craft, with the authority provided in subsection
(a);
(C) the estimated cost savings or increase by fiscal year,
by craft, with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(4) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic, including a
description of the basis for such estimates.
(5) The use of such a contract will promote the national
security of the United States.
(d) Milestone Decision Authority Defined.--In this section,
the term ``milestone decision authority`` has the meaning
given the term in section 4251(d) of title 10, United States
Code.
SEC. 124. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS FLEET
REPLENISHMENT OILER SHIPS.
(a) Contract Authority.--
(1) Procurement authorized.--In fiscal year 2023 or 2024,
the Secretary of the Navy may enter into one or more
contracts for the procurement of not more than eight John
Lewis-class fleet replenishment oiler ships.
(2) Procurement in conjunction with existing contracts.--
The ships authorized to be procured under paragraph (1) may
be procured as additions to existing contracts covering such
program.
(b) Certification Required.--A contract may not be entered
into under subsection (a) unless the Secretary of the Navy
certifies to the congressional defense committees, in
writing, not later than 30 days before entry into the
contract, each of the following, which shall be prepared by
the milestone decision authority for such program:
(1) The use of such a contract is consistent with the
Department of the Navy`s projected force structure
requirements for such ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by hull, without the authority provided in subsection
(a);
(B) the estimated end cost and appropriated funds by fiscal
year, by hull, with the authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year,
by hull, with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to
avoid contract cancellation.
(4) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program (as defined under section 221 of title 10, United
States Code) for such fiscal year will include the funding
required to execute the program without cancellation.
(c) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts for advance
procurement associated with a ship or ships for which
authorization to enter into a contract is provided under
subsection (a), and for systems and subsystems associated
with such ships in economic order quantities when cost
savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year is subject to the availability of
appropriations for that purpose for such fiscal year.
(e) Milestone Decision Authority Defined.--In this section,
the term ``milestone decision authority`` has the meaning
given the term in section 4251(d) of title 10, United States
Code.
SEC. 125. TOMAHAWK CRUISE MISSILE CAPABILITY ON FFG-62 CLASS
VESSELS.
Before accepting delivery of any FFG-62 class vessel, the
Secretary of the Navy shall require that the vessel be
capable of carrying and employing Tomahawk cruise missiles.
SEC. 126. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT INITIATIVE.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8696. Navy shipbuilding workforce development
initiative.
``(a) Requirement.--
``(1) In general.--The Secretary of the Navy shall ensure
that any award for a covered contract or contract
modification includes a separate and distinct line item for
workforce development.
``(2) Covered contracts and contract modifications.--For
purposes of this subsection, a covered contract or contract
modification is a construction contract or contract
modification for the procurement of one or more naval vessels
entered into using funds from the Shipbuilding and
Conversion, Navy account with a prime contractor that will
deliver such vessel or vessels to the Navy.
``(3) Amount of line item.--The amount of funding in a line
item for workforce development required under subsection
(a)(1) shall be not less than one-half of one percent and not
more than one percent of the target price of the contract
concerned.
``(b) Matching Contribution Requirement.--
``(1) In general.--Funds for a line item for workforce
development required under subsection (a)(1) may be obligated
only--
``(A) on or after the date on which the service acquisition
executive of the Navy receives a written commitment from one
or more entities described in paragraph (2) of a separate and
distinct cumulative contribution for workforce development;
and
``(B) in an amount that is--
``(i) equal to the amount of the contribution described in
subparagraph (A), if the contribution is less than the amount
of funding in the line item; or
``(ii) equal to the amount of funding in the line item, if
the contribution is equal to or greater than the amount of
such funding.
``(2) Entities described.--The entities described in this
paragraph are the following:
[[Page S6079]]
``(A) The prime contractor receiving the award described in
subsection (a)(1).
``(B) A qualified subcontractor.
``(C) A State government or other State entity.
``(D) A county government or other county entity.
``(E) A local government or other local entity.
``(c) Authorized Activities.--
``(1) In general.--Funds for a line item for workforce
development required under subsection (a)(1) may be used only
to provide for the activities described in paragraph (2) in
support of the production and production support workforce of
the prime contractor concerned or a qualified subcontractor.
``(2) Activities described.--The activities described in
this paragraph are the following:
``(A) The creation of short- and long-term workforce
housing, transportation, and other support services to
facilitate attraction, relocation, and retention of workers.
``(B) The expansion of local talent pipeline programs for
both new and existing workers.
``(C) Investments in long-term outreach in middle and high
school programs, specifically career and technical education
programs, to promote and develop manufacturing skills.
``(D) Facilities developed or modified for the primary
purpose of workforce development.
``(E) Direct costs attributable to workforce development.
``(F) Attraction and retention bonus programs.
``(G) On-the-job training to develop key manufacturing
skills.
``(d) Approval Requirement.--The service acquisition
executive of the Navy shall--
``(1) provide the final approval of the use of funds for a
line item for workforce development required under subsection
(a)(1); and
``(2) not later than 30 days after the date on which such
approval is provided, certify to the congressional defense
committees compliance with the requirements of subsections
(b) and (c), including--
``(A) a detailed explanation of such compliance; and
``(B) the associated benefits to--
``(i) the Federal Government; and
``(ii) the shipbuilding industrial base of the Navy.
``(e) Qualified Subcontractor Defined.--In this section,
the term `qualified subcontractor` means a subcontractor to a
prime contractor receiving an award described in subsection
(a)(1) that will deliver the vessel or vessels covered by the
award to the Navy.``.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by adding
at the end the following new item:
``8696. Navy shipbuilding workforce development initiative.
(c) Applicability.--Section 8696 of title 10, United States
Code, as added by subsection (a), shall apply with respect to
contracts and contract modifications entered into on or after
June 1, 2023.
SEC. 127. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR NAVY PORT WATERBORNE SECURITY BARRIERS.
(a) In General.--Subsection (a) of section 130 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1665), as most recently
amended by section 122 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1570),
is further amended by striking ``for fiscal years 2019, 2020,
2021, or 2022`` and inserting ``for any of fiscal years 2019
through 2023``.
(b) Technical Amendment.--Subsection (b)(4) of such section
is amended by striking ``section 2304`` and inserting
``sections 3201 through 3205``.
SEC. 128. LIMITATION ON RETIREMENT OF E-6B AIRCRAFT.
The Secretary of the Navy may take no 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 aircraft will--
(1) be fielded at the same time or before the retirement of
the E-6B aircraft; and
(2) result in equal or greater capability available to the
commanders of the combatant commands.
SEC. 129. EA-18G AIRCRAFT.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act for fiscal year 2023 for the Navy
may be obligated to retire, prepare to retire, or place in
storage or in backup aircraft inventory any EA-18G aircraft.
(b) Transfer of Aircraft.--The Secretary of the Navy shall
transfer the EA-18G aircraft associated with the
expeditionary land-based electronic attack squadrons to the
Navy Reserve.
(c) Establishment of Squadrons.--The Secretary of the Air
Force shall designate one or more units from the Air National
Guard or the Air Force Reserve to join with the Navy Reserve
to establish one or more joint service expeditionary, land-
based electronic attack squadrons to match the capability of
such squadrons assigned to Naval Air Station Whidbey Island,
Washington, as of the date of the enactment of this Act.
(d) Report on Implementation Plan.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
the Navy and the Secretary of the Air Force shall jointly
submit to the congressional defense committees a report on
the plan of the Secretaries to implement this section.
SEC. 130. BLOCK BUY CONTRACTS FOR CH-53K HEAVY LIFT
HELICOPTER PROGRAM.
(a) Block Buy Contract Authority.--During fiscal years 2023
and 2024, the Secretary of the Navy may enter into one or
more block buy contracts for the procurement of airframes and
engines in support of the CH-53K heavy lift helicopter
program (in this section referred to as the ``program``).
(b) Liability.--Any contract entered into under subsection
(a) shall provide that--
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of
appropriations for that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total
amount of funding obligated to the contract at the time of
termination.
(c) Certification Required.--A contract may not be entered
into under subsection (a) unless the Secretary of Defense
certifies to the congressional defense committees, in
writing, not later than 30 days before entry into the
contract, each of the following, which shall be prepared by
the milestone decision authority (as defined in section
4251(d) of title 10, United States Code) for the program:
(1) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of--
(A) the estimated obligations and expenditures by fiscal
year for the program without the authority provided in
subsection (a);
(B) the estimated obligations and expenditures by fiscal
year for the program with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal year
for the program with the authority provided in subsection
(a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will
request funding for the contract at the level required to
avoid contract cancellation.
(3) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(4) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(5) The use of such a contract will promote the national
security of the United States.
(6) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program submitted to Congress under section 221 of title 10,
United States Code, for such fiscal year will include the
funding required to execute the program without cancellation.
(7) The contract will be a fixed price type contract.
Subtitle D--Air Force Programs
SEC. 141. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF
E-3 AIRBORNE WARNING AND CONTROL SYSTEM
AIRCRAFT.
(a) Prohibition.--Except as provided in subsections (b) and
(c), none of the funds authorized to be appropriated by this
Act for fiscal year 2023 for the Air Force may be obligated
to retire, prepare to retire, or place in storage or in
backup aircraft inventory any E-3 aircraft if such actions
would reduce the total aircraft inventory for such aircraft
below 26.
(b) Exception for Acquisition Strategy.--If the Secretary
of the Air Force submits to the congressional defense
committees an acquisition strategy for the E-7 Wedgetail
approved by the Service Acquisition Executive of the Air
Force, the prohibition under subsection (a) shall not apply
to actions taken to reduce the total aircraft inventory for
E-3 aircraft to 21 after the date on which the strategy is so
submitted.
(c) Exception for Contract Award.--If the Secretary of the
Air Force awards a contract for the E-7 Wedgetail aircraft,
the prohibition under subsection (a) shall not apply to
actions taken to reduce the total aircraft inventory for E-3
aircraft to 16 after the date on which such contact is so
awarded.
SEC. 142. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIR
REFUELING TANKER AIRCRAFT.
(a) Modification of General Requirement.--Section 135(a) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
134 Stat. 3431) is amended by striking ``412`` and inserting
``400``.
(b) Modification of Limitation on Retirement of KC-135
Aircraft.--Section 137(b)(1) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1576) is amended by striking ``18`` and inserting
``31``.
SEC. 143. PROHIBITION ON REDUCTIONS TO INVENTORY OF F-22
BLOCK 20 AIRCRAFT.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized
[[Page S6080]]
to be appropriated by this Act for fiscal year 2023 for the
Air Force may be obligated to retire, prepare to retire, or
place in storage or in backup aircraft inventory any F-22
Block 20 aircraft.
(b) Expiration of Prohibition.--The prohibition under
subsection (a) shall cease to have effect on the date on
which the Secretary of the Air Force submits to the
congressional defense committees--
(1) a detailed plan approved by the Secretary to conduct
formal training for F-22 aircrews to ensure 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--
(A) diminishing the combat effectiveness of remaining F-22
aircraft;
(B) exacerbating F-22 aircraft availability concerns; and
(C) complicating F-22 aircraft squadron maintenance issues.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 151. PARTS FOR COMMERCIAL DERIVATIVE AIRCRAFT AND
ENGINES AND AIRCRAFT BASED ON COMMERCIAL
DESIGN.
(a) In General.--The Secretary of the Air Force and the
Secretary of the Navy shall--
(1) include covered parts in supply chain solutions to
provide for replacement or increased inventories for--
(A) all commercial derivative aircraft and engines of the
Department of Defense; and
(B) all aircraft of the Department that are based on
commercial design;
(2) conduct the acquisition of all follow-on covered parts
on a competitive basis, based on price and quality; and
(3) procure covered parts only from suppliers that provide
covered parts that possess a FAA Authorized Release
Certificate, FAA Form 8130-3 Airworthy Approval Tag, from a
repair station certified pursuant to part 145 of title 14,
Code of Federal Regulations (or successor regulation).
(b) Covered Parts Defined.--In this section, the term
``covered parts``--
(1) means used, overhauled, reconditioned, or re-
manufactured common or dual use parts certified as airworthy
by the Federal Aviation Administration; and
(2) does not include life limited parts.
SEC. 152. ASSESSMENT AND STRATEGY FOR FIELDING COUNTER
UNMANNED AERIAL SYSTEMS SWARM CAPABILITIES.
(a) Assessment, Analysis, and Review.--The Secretary of
Defense shall conduct--
(1) an assessment of the threats posed by unmanned aerial
system (UAS) swarms or unmanned aerial systems with
indicative swarm capabilities to installations and deployed
armed forces;
(2) an analysis of the use or potential use of unmanned
aerial system swarms by adversaries, including China, Russia,
Iran, North Korea, and non-state actors;
(3) an analysis of the implication of swarming technologies
such as autonomous intelligence and machine learning;
(4) a review of current fielded systems and whether they
effectively counter a wide range of potential unmanned aerial
system swarm threats; and
(5) an overview of development efforts and field tests of
technologies that offer scalable, modular, and rapidly
deployable systems that could counter unmanned aerial system
swarms.
(b) Strategy Development and Implementation Required.--
(1) In general.--The Secretary shall develop and implement
a strategy to field systems to counter threats posed by
unmanned aerial system swarms.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) The development of a comprehensive definition of
``unmanned aerial system swarm``.
(B) A plan to establish and incorporate requirements for
development, testing, and fielding of counter unmanned aerial
system swarm capabilities.
(C) A plan to acquire and field adequate organic
capabilities to counter unmanned aerial system swarms in
defense of United States armed forces, assets, and
infrastructure across land, air, and maritime domains.
(D) An estimate of resources needed by the Army, the Navy,
and the Air Force to implement the plan required by paragraph
(3).
(E) An analysis, determination, and prioritization of
legislative action required to ensure the Department has the
ability to counter the threats described in subsection
(a)(1).
(F) Such other matters as the Secretary considers
pertinent.
(3) Incorporation into existing strategy.--The Secretary
may incorporate the strategy required by paragraph (1) into a
strategy that was in effect on the day before the date of the
enactment of this Act.
(c) Information to Congress.--Not later than 270 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a report on--
(1) the findings of the Secretary under subsection (a); and
(2) the strategy developed and implemented by the Secretary
under subsection (b).
SEC. 153. TREATMENT OF NUCLEAR MODERNIZATION AND HYPERSONIC
MISSILE PROGRAMS WITHIN DEFENSE PRIORITIES AND
ALLOCATIONS SYSTEM.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the United States is entering into an unprecedented
period of strategic competition with two potential
adversaries, each of which now possesses, or will acquire,
nuclear and missile forces equal to or greater than such
forces possessed by the United States;
(2) ensuring the continued deterrence of the growing threat
of the nuclear capabilities of such adversaries requires--
(A) safe, secure, effective, and credible nuclear forces,
with a range of flexible employment options, available to the
President; and
(B) robust missile forces capable of overcoming current and
future missile defenses;
(3) such forces can only be achieved through the rapid and
complete modernization of legacy nuclear capabilities of the
United States and the timely development of a range of
ballistic, cruise, and hypersonic boost-glide missiles;
(4) ongoing Department of Defense and National Nuclear
Security Administration programs and projects to achieve the
modernization of United States nuclear forces enjoy virtually
no scheduled margin for delivery prior to the expected
retirement or decommissioning of legacy systems and
facilities, even as the People`s Republic of China, the
Russian Federation, and North Korea work to rapidly modernize
and expand their nuclear arsenals;
(5) the People`s Republic of China, the Russian Federation,
and North Korea are--
(A) engaged in a variety of missile programs intended to
defeat the missile defense capabilities of the United States
and its allies; and
(B) expected to field such capabilities in greater volumes
than the United States;
(6) imbalances in such capabilities are inherently
destabilizing and represent profound risks to the security of
the United States and its allies and to global stability at
large;
(7) the Secretary of Defense and the Secretary of Energy
should leverage all available tools to reduce the risk of
schedule delays in nuclear modernization and hypersonic
missile programs and projects, including by--
(A) universally applying the authorities provided by the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to
each such program or project; and
(B) assigning a DX priority rating under part 700 of title
15, Code of Federal Regulations, to each such program or
project;
(8) the assignment of DX priority ratings would help
minimize the risk that such programs and projects are
unnecessarily delayed due to misallocations of industrial
materials, services, or facilities; and
(9) the Secretary of Defense and the Secretary of Energy
should promptly inform Congress of any additional
opportunities to further reduce risks relating to such
programs and projects or the schedules for such programs and
projects that could be achieved through the adjustment of
existing authorities.
(b) Report and Certification.--
(1) In general.--Not later than January 1, 2023, the
Secretary of Defense and the Secretary of Energy shall
jointly submit to the congressional defense committees a
report including--
(A) with respect to each nuclear weapons delivery system,
missile warning system, hypersonic boost-glide missile system
program, or weapon program or nuclear security enterprise
infrastructure project of the National Nuclear Security
Administration, a determination of whether such program or
project should be assigned a DX priority rating under part
700 of title 15, Code of Federal Regulations;
(B) for any such program or project that the respective
Secretary determines under subparagraph (A) should be
assigned a DX priority rating, a confirmation that such
program or project has been assigned a DX rating; and
(C) for any such program or project that has not been
assigned a DX priority rating as of January 1, 2023--
(i) an explanation for any delay in assigning such a
rating; and
(ii) a timeline for the assignment of such a rating.
(2) Annual certification.--For any nuclear weapons delivery
system, missile warning system, hypersonic boost-glide
missile system program, or weapon program or nuclear security
enterprise infrastructure project of the National Nuclear
Security Administration that the respective Secretary
determines under paragraph (1)(A) should not be assigned a DX
priority rating , the Secretary shall, until such program
reaches full operational capability, annually submit to the
congressional defense committees a certification that the
lack of assignment of such rating will not negatively affect
the delivery of operational capabilities by such program or
project.
(3) Nondelegation.--The Secretary may not delegate a
determination under paragraph (1)(A) to any other official.
SEC. 154. GOVERNMENT ACCOUNTABILITY OFFICE ASSESSMENT OF
EFFORTS TO MODERNIZE PROPULSION SYSTEMS OF THE
F-35 AIRCRAFT.
(a) In General.--Not later than February 28, 2023, the
Comptroller General of the United States shall conduct an
assessment of efforts to modernize propulsion systems of the
F-35 aircraft.
(b) Elements.--The findings of the assessment required by
subsection (a) shall set forth the following:
[[Page S6081]]
(1) The results of a comparative analysis and independent
cost assessment, conducted by the Comptroller General, of
options to modernize propulsion systems of the F-35 aircraft,
including--
(A) modernizing the existing F135 engine; and
(B) the development and insertion of the Adaptive Engine
Transition Program engine.
(2) The costs of the alternatives associated with
development, production, retrofit, integration, and
installation, including air vehicle modifications, and
sustainment infrastructure requirements of the Adaptive
Engine Transition Program engine for the F-35A aircraft.
(3) An assessment of progress made by prototype aircraft in
the Adaptive Engine Transition Program effort.
(4) The timeline associated with modernizing the F135
engine to meet Block 4 upgrade requirements for the F-35A
aircraft.
(5) The costs associated with modernizing the F135 engine
to meet Block 4 upgrade requirements.
(6) An assessment of the potential impact of the
modernization alternatives described in this subsection on
life cycle sustainment and sparing contracts, including the
impact on international partners.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2023 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF RESEARCH
AND DEVELOPMENT FUNDS.
(a) In General.--Chapter 301 of title 10, United States
Code, is amended by inserting after section 4026 the
following new section:
``Sec. 4027. Disclosure requirements for recipients of
research and development funds
``(a) In General.--Except as provided in subsections (b)
and (c), an individual or entity (including a State or local
government) that uses funds received from the Department of
Defense to carry out research or development activities shall
include, in any public document pertaining to such
activities, a clear statement indicating the dollar amount of
the funds received from the Department for such activities.
``(b) Exception.--The disclosure requirement under
subsection (a) shall not apply to a public document
consisting of fewer than 280 characters.
``(c) Waiver.--The Secretary of Defense may waive the
disclosure requirement under subsection (a) on a case-by-case
basis.
``(d) Public Document Defined.--In this section, the term
`public document` means any document or other written
statement made available for public reference or use,
regardless of whether such document or statement is made
available in hard copy or electronic format.``.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4026 the following new item:
``4027. Disclosure requirements for recipients of research and
development funds.
SEC. 212. MODIFICATION OF COOPERATIVE RESEARCH AND
DEVELOPMENT PROJECT AUTHORITY.
(a) In General.--Section 2350a of title 10, United States
Code, is amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(F) The European Union, including the European Defence
Agency, the European Commission, and the Council of the
European Union, and their suborganizations.``; and
(2) in subsection (i), by amending paragraph (1) to read as
follows:
``(1) The term `cooperative research and development
project` means a project--
``(A) involving joint participation by--
``(i) the United States and--
``(ii)(I) one or more countries and organizations referred
to in subsection (a)(2) under a memorandum of understanding
(or other formal agreement); or
``(II) one or more parties in the national technology and
industrial base (as defined in section 4801 of this title)
under a memorandum of understanding (or other formal
agreement); and
``(B) to carry out a joint research and development
program--
``(i) to develop new conventional defense equipment and
munitions; or
``(ii) to modify existing military equipment to meet United
States military requirements.``.
(b) Conforming Regulations.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall revise the Department of Defense Supplement to
the Federal Acquisition Regulations to conform with section
2350a of title 10, United States Code, as amended by
subsection (a).
SEC. 213. ADMINISTRATION OF THE ADVANCED SENSOR APPLICATIONS
PROGRAM.
(a) Resource Sponsor.--
(1) In general.--The Commander of Naval Air Systems Command
(NAVAIR) shall, in conjunction with the Director of Air
Warfare (OPNAV N98), serve as the resource sponsor for the
Advanced Sensor Applications Program (known as ``ASAP`` and
in this section referred to as the ``Program``).
(2) Responsibilities.--The resource sponsor of the Program
shall be responsible for the following:
(A) Developing budget requests relating to the Program.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and projects for the
Program.
(D) Coordination and joint planning with external
stakeholders in matters relating to the Program.
(b) Limitations.--No other entity in the Department of the
Navy may--
(1) serve as a resource sponsor for the Program;
(2) provide direction and management for the Program;
(3) set priorities for the Program;
(4) regulate or limit the information available or
accessible to the Program;
(5) edit reports or findings generated under the Program;
or
(6) coordinate and manage interactions of the Program with
external stakeholders.
(c) Authority for Program Manager.--The program manager for
the Program may access, consider, act on, and apply
information, at all levels of classification and from all
sources and organizations, that is pertinent to the projects
and activities that the Program is executing, or considering
proposing for the future.
(d) Quarterly Briefings.--Not less frequently than once
every three months, the program manager for the Program shall
provide the congressional defense committees and
congressional intelligence committees (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003)) a
briefing on all aspects of the Program, including on the
implementation of this section, other congressional
direction, and direction and oversight from the Commander of
Naval Air Systems Command and other higher headquarters.
(e) Strategic Relationship.--The program manager for the
Program shall evaluate the feasibility and advisability of
establishing a strategic relationship with the Naval Research
Laboratory for scientific and technical assistance and
support for the Program.
(f) Use of Assets.--The Commander shall take all actions
the Commander considers reasonable--
(1) to enable the Program to utilize assets controlled
within the Naval Air Systems Command enterprise, including
sensor systems and platforms; and
(2) to pursue the use of other assets that may further the
mission of the Program.
SEC. 214. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF
DEFENSE TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``, and any follow-on production contract
or transaction that is awarded pursuant to subsection (f),``
both places it appears;
(B) in subparagraph (A)(ii), by striking ``; and`` and
inserting a semicolon;
(C) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and``; and
(D) by adding at the end the following new subparagraph:
``(C) may be exercised for a transaction for a follow-on
production contract or transaction that is awarded pursuant
to subsection (f) and expected to cost the Department of
Defense in excess of $100,000,000 (including all options)
only if a covered official--
``(i) determines in writing that--
``(I) the requirements of subsection (d) will be met; and
``(II) the use of the authority of this section is
essential to meet critical national security objectives; and
``(ii) notifies the congressional defense committees in
writing of the findings required under clause (i) at the time
such authority is exercised.``; and
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(B) by inserting before paragraph (2), as redesignated by
subparagraph (A), the following new paragraph:
``(1) The term `covered official` means--
``(A) a service acquisition executive;
``(B) the Director of the Defense Advanced Research
Projects Agency;
``(C) the Director of the Missile Defense Agency;
``(D) the Undersecretary of Defense for Acquisition and
Sustainment; or
``(E) the Undersecretary of Defense for Research and
Engineering.``; and
(C) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `service acquisition executive` has the
meaning given the term in section 101 of this title.``.
SEC. 215. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS OF
ELECTROMAGNETIC WARFARE TECHNOLOGY.
(a) Demonstrations and Tests Required.--Not later than 270
days after the date of the enactment of this Act, the
Director of the Air Force Rapid Capabilities Office (RCO)
shall conduct competitively awarded demonstrations and tests
of commercial electronics technology to determine whether
technology currently exists that could enable the following
electromagnetic warfare capabilities:
(1) The operation of multiple emitters and receivers in the
same frequency at the same
[[Page S6082]]
time and in the same location without mutual interference and
without using adaptive beam forming or nulling.
(2) Protecting the reception of Global Positioning System
and other vulnerable low-power signals from multiple high-
power jammers at a level that is significantly better than
the protection afforded by Controlled Reception Pattern
Antennas.
(3) Simultaneous transmission from and reception of
separate signals on the same platform wherein the signals lie
in the same frequency and are transmitted and received at the
same time without interference.
(4) Capabilities similar to paragraphs (1) through (3) in a
live, virtual constructive simulation environment.
(5) Other capabilities that might satisfy or support needs
set forth in the Electromagnetic Spectrum Superiority
Strategy Implementation Plan.
(b) Oversight of Tests.--The Director of Operational Test
and Evaluation shall--
(1) provide oversight of the demonstrations and tests
required by subsection (a);
(2) review other applicable government or commercial
demonstrations and tests; and
(3) not later than 30 days after the completion of the
demonstrations and tests under subsection (a), independently
advise the Chief Information Officer (CIO) of the Department
of Defense, the Under Secretary of Defense for Research and
Engineering (USD R&E), and the Under Secretary of Defense for
Acquisition and Sustainment (USD A&S) of the outcomes of the
demonstrations and tests.
(c) Outcome-based Actions Required.--If the Director of
Operational Test and Evaluation and the Director of the Air
Force Rapid Capabilities Office affirm that the
demonstrations and tests under subsection (a) confirm that
current technology could enable the capabilities described in
paragraphs (1) through (3) of such subsection--
(1) not later than 45 days after the conclusion of the
tests under subsection (a), the Director of the Air Force
Rapid Capabilities Office and the Director of Operational
Test and Evaluation shall brief the congressional defense
committees on the outcomes of the tests;
(2) the Director of the Air Force Rapid Capabilities Office
may commit additional funds to begin engineering form, fit,
and function development and integration for specific
Department of Defense platforms and applications; and
(3) not later than 90 days after the conclusion of the
tests under subsection (a), the Director of the Air Force
Rapid Capabilities Office, the Chief Information Officer, the
Under Secretary of Defense for Research and Engineering, and
the Under Secretary of Defense for Acquisition and
Sustainment shall brief the congressional defense committees
on a plan to further develop and deploy the demonstrated and
tested technologies to support the Electromagnetic Spectrum
Superiority Strategy Implementation Plan.
SEC. 216. GOVERNMENT-INDUSTRY WORKING GROUP ON
MICROELECTRONICS.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish a
working group for industry, academia, and Department of
Defense components to coordinate on microelectronics issues
of mutual interest as specified in subsection (b).
(2) Composition.--The working group established under
paragraph (1) shall be composed of representatives of
industry, academia, and Department of Defense components.
(3) Designation.--The working group established under
paragraph (1) shall be referred to as the ``Government-
Industry Working Group on Microelectronics`` (in this section
referred to as the ``Working Group``).
(b) Scope.--The Secretary shall ensure that the Working
Group supports dialogue and coordination on the following
topic areas relating to microelectronics:
(1) Future research needs.
(2) Infrastructure needs and shortfalls.
(3) Technical and process standards.
(4) Training and certification needs for the workforce.
(5) Supply chain issues.
(6) Supply chain, manufacturing, and packaging security.
(c) Administrative Support Framework.--
(1) Charter and policies.--Not later than March 1, 2023,
the Secretary of Defense shall develop a charter and issue
policies for the functioning of the Working Group.
(2) Support.--The joint federation of capabilities
established under section 937 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note) shall provide administrative support to the
Working Group.
(d) Rule of Construction.--Nothing in this section shall be
construed to give a competitive advantage to any participant
in the Working Group.
(e) Sunset.--The provisions of this section shall terminate
on December 31, 2030.
SEC. 217. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE
FOR RESEARCH AND ENGINEERING IN PERSONNEL
MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN
SCIENCE AND ENGINEERING.
Section 4092 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(10) Office of the under secretary of defense for
research and engineering.--The Undersecretary of Defense for
Research and Engineering may carry out a program of personnel
management authority provided in subsection (b) in order to
facilitate recruitment of eminent experts in science or
engineering for the Office.``; and
(2) in subsection (b)(1)--
(A) in subparagraph (H), by striking ``; and`` and
inserting a semicolon;
(B) in subparagraph (I), by striking the semicolon and
inserting ``; and``; and
(C) by adding at the end the following new subparagraph:
``(J) in the case of the Office of the Under Secretary of
Defense for Research and Engineering, appoint scientists and
engineers to a total of not more than 10 scientific and
engineering positions in the Office;``.
SEC. 218. INVESTMENT PLAN FOR FOUNDATIONAL CAPABILITIES
NEEDED TO DEVELOP NOVEL PROCESSING APPROACHES
FOR FUTURE DEFENSE APPLICATIONS.
(a) Investment Plans Required.--Not later than November 1,
2023, and not less frequently than once every three years
thereafter until December 31, 2035, the Secretary of Defense
shall submit to the congressional defense committees an
investment plan for foundational capabilities needed to
develop novel processing approaches for future defense
applications.
(b) Purpose.--The purpose of the investment plan required
by subsection (a) is to establish an integrated approach to
the identification, prioritization, development, and
leveraging of Department of Defense investments from the
research, development, test, and evaluation accounts of the
Department.
(c) Elements.--The investment plan required by subsection
(a) shall--
(1) identify current and projected investments in research
and technology development to support fielding and use of
novel processing approaches;
(2) identify current and projected investments supporting
the acceleration of novel processing approaches, including
investments in--
(A) personnel and workforce capabilities;
(B) facilities and infrastructure to host systems utilizing
novel processing approaches;
(C) algorithm developments necessary to expand the
functionality from each novel processing approach;
(D) other Federal agencies and federally sponsored
laboratories; and
(E) appropriate international and commercial sector
organizations and activities;
(3) describe mechanisms to coordinate and leverage
investments within the Department and with non-Federal
partners;
(4) describe the technical goals to be achieved and
capabilities to be developed under the strategy; and
(5) include recommendations for such legislative or
administration action as may support the effective execution
of the investment plan.
(d) Form.--Each plan submitted under subsection (a) shall
be submitted in such form as the Secretary considers
appropriate, which may include classified, unclassified, and
publicly releasable formats.
(e) Novel Processing Approaches Defined.--In this section,
the term ``novel processing approaches`` means--
(1) new, emerging techniques in computation, such as
biocomputing, exascale computing, utility scale quantum
computing; and
(2) associated algorithm and hardware development needed to
instantiate such techniques.
SEC. 219. OPEN RADIO ACCESS NETWORK 5G ACQUISITION
ACCELERATION AND TRANSITION PLANS.
(a) Three-year Transition Plan Required.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Assistant Secretary of the
Army for Acquisition, Logistics, and Technology, the
Assistant Secretary of the Navy for Research, Development,
and Acquisition, and the Assistant Secretary of the Air Force
for Acquisition and Research, in coordination with and under
the oversight of the Chief Information Officer, the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment,
shall each develop and submit to the congressional defense
committees an unclassified three-year transition plan for
fifth generation information and communications technology
(5G) infrastructure for their respective military department.
(2) Elements.--The transition plans identified under
paragraph (1) shall include--
(A) an operational needs assessment that identifies the
highest priority areas where fifth generation information and
communications technologies should be deployed;
(B) an investment plan that includes funding estimates, by
fiscal year and appropriation account, to accelerate the
maturation, acquisition, and deployment of fifth generation
information and communications capabilities that use the open
radio access network approach on Department of Defense
facilities and systems;
(C) metrics and reporting mechanisms to drive progress
towards the three-year transition goal;
(D) identification and designation of a single point of
contact at each installation, and within each of the services
to facilitate the deployment of fifth generation information
and communications technologies;
(E) planned efforts to streamline the real estate,
contracting, and communications
[[Page S6083]]
policies and processes to field wireless infrastructure that
has resulted in a lengthy approval processes for industry to
provide on-air wireless coverage on an installation;
(F) identification of other areas of concern that require
investment to support the transition to fifth generation
information and communications technology that uses the open
radio access network approach; and
(G) such other matters as the Secretary of Defense
considers appropriate.
(b) Cross-functional Team Assessment.--
(1) Assessment and briefing required.--Not later than 150
days after the date of the enactment of this Act and after
all of the plans required by subsection (a)(1) have been
submitted in accordance with such subsection, the cross-
functional team established pursuant to section 224(c)(1) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 4571 note) shall assess such plans and provide the
congressional defense committees with a briefing on the
findings of the cross functional team with respect to such
assessment.
(2) Elements.--The briefing provided under paragraph (1)
shall include the following:
(A) Recommendations to further accelerate the deployment of
fifth-generation information and communications technologies
that use the open radio access network approach across the
Department of Defense.
(B) Recommendations to standardize and streamline the real
estate, contracting, and communications policies and
processes to field wireless infrastructure on an
installation.
(C) An engagement plan for Department participants in
international wireless standards setting bodies.
(D) Such other matters as the cross functional team
described in paragraph (1) considers appropriate.
(c) Open Radio Access Network Approach Defined.--In this
section the term ``open radio access network approach`` means
an approach to networking that uses a disaggregated or
virtualized radio access network and core in which components
can be provided by different vendors and interoperate through
open protocols and interfaces, including those protocols and
interfaces utilizing the Open Radio Access Network (commonly
known as ``Open RAN` ``) approach.
SEC. 220. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF
ELECTRIC VEHICLE BATTERY TECHNOLOGIES FOR
WARFIGHTERS.
(a) Establishment.--
(1) In general.--The Secretary of Defense may establish and
carry out a pilot program to assess the feasibility and
advisability of providing support to domestic battery
producers, particularly those producing lithium-ion cells and
battery packs--
(A) to facilitate the research and development of safe and
secure battery technologies for existing as well as new or
novel battery chemistry configurations;
(B) to assess existing commercial battery offerings within
the marketplace for viability and utility for warfighter
applications; and
(C) to transition such technologies, including technologies
developed from pilot programs, prototype projects, or other
research and development programs, from the prototyping phase
to production.
(2) Designation.--The pilot program established under
paragraph (1) shall be known as the ``Warfighter Electric
Battery Transition Project`` (referred to in this section as
the ``Project``).
(b) Grants, Contracts, and Other Agreements.--The Secretary
may carry out the Project through the award of support, as
described in subsection (a)(1), in the form of grants to, or
contracts or other agreements with, battery producers,
particularly those producing lithium-ion cells and battery
packs.
(c) Use of Grant and Contract Amounts.--A recipient of a
grant, contract, or other agreement under the Project may use
the amount of the grant, contract, or other agreement to
carry out the following:
(1) Conducting research and development to validate new or
novel battery chemistry configurations, including through
experimentation, prototyping, testing, integration or
manufacturing feasibility assessment.
(2) Providing commercially available technologies to each
Secretary of a military department and the commanders of
combatant commands to support utility assessments or other
testing by warfighters.
(3) Building and strengthening relationships of the
Department of Defense with nontraditional defense contractors
in the technology industry that may have unused or underused
solutions to the specific operational challenges of the
Department.
(d) Priority of Awards.--In awarding grants, contracts, or
other agreements under the Project, the Secretary shall give
preference to technology producers that--
(1) manufacture battery cells, packs, and modules in the
United States;
(2) manufacture battery cells, packs, and modules in the
national technology industrial base (NTIB);
(3) provide modularity to support diverse applications;
(4) facilitate safety in tactical and combat applications
by using chemistries that reduce thermal runaway and minimize
oxygen liberation;
(5) facilitate optimal use in light- medium- and heavy-duty
applications by providing a minimum of 400 Wh/L of volumetric
energy density;
(6) demonstrate new or novel battery chemistry
configurations, safety characteristics, or form-factor
configurations;
(7) facilitate the domestic supply chain for raw materials;
and
(8) offer commercial products or commercial services and
maintains customers with verified purchase orders.
(e) Reporting and Data Collection.--
(1) Plan required before implementation.--The Secretary may
not commence the Project until the Secretary has completed a
plan for the implementation of the Project, including--
(A) collecting, analyzing, and retaining Project data;
(B) developing and sharing best practices for achieving the
objectives of the Project;
(C) identification of any policy or regulatory impediments
inhibiting the execution of the program; and
(D) sharing results from the program across the Department,
and with elements of the Federal Government, including the
legislative branch of the Federal Government.
(f) Administration.--The Under Secretary of Defense for
Research and Engineering shall administer the Project.
(g) Termination.--The Project shall terminate on December
31, 2028.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES COMMAND
RESEARCH PROGRAM REALIGNMENT STUDY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
shall submit to the congressional defense committees a report
on the recommendations made by the National Academies in the
Army Futures Command Research Program Realignment Study.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) A description of each recommendation described in such
subsection that has already been implemented.
(2) A description of each recommendation described in such
subsection that the Secretary has commenced implementing,
including a justification for determining to commence
implementing the recommendation.
(3) A description of each recommendation described in such
subsection that the Secretary has not implemented or
commenced implementing and a determination as to whether or
not to implement the recommendation.
(4) For each recommendation under paragraph (3) the
Secretary determines to implement, the following:
(A) A timeline for implementation.
(B) A description of any additional resources or
authorities required for implementation.
(C) The plan for implementation.
(5) For each recommendation under paragraph (3) the
Secretary determines not to implement, a justification for
the determination not to implement.
(c) Format.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 232. STRATEGY AND PLAN FOR STRENGTHENING AND FOSTERING
DEFENSE INNOVATION ECOSYSTEM.
(a) Strategy and Implementation Plan Required.--Not later
than March 1, 2023, the Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering,
shall develop a strategy and an implementation plan for the
defense innovation ecosystem.
(b) Purposes.--
(1) Strategy.--The purpose of the strategy required by
subsection (a) is to provide a framework for identifying,
assessing, and tracking innovation ecosystems that are
beneficial to advancing the defense, national security, and
warfighting missions of the Department of Defense.
(2) Implementation plan.--The purpose of the implementation
plan required by subsection (a) is to provide--
(A) concrete steps and measures of effectiveness to gauge
the effect of the innovation ecosystems described in
paragraph (1) on the Department; and
(B) a means for assessing the effectiveness of approaches
taken by the Department to grow, foster, and sustain such
innovation ecosystems.
(c) Elements.--The strategy and the implementation plan
required by subsection (a) shall include the following
elements:
(1) A process for defining, assessing, and selecting
innovation ecosystems with potential to provide benefit to
the Department.
(2) Metrics for measuring the performance and health of
innovation ecosystems being supported by the Department,
including identification of criteria to determine when to
establish or cease supporting identified ecosystems.
(3) Identification of Department of Defense research,
development, test, and evaluation assets and authorities that
can be engaged in identifying, establishing, sustaining, and
expanding innovation ecosystems.
(4) For each innovation ecosystem designated or established
by the Department--
(A) a listing of such innovation ecosystems with a
description of core competencies or focus areas;
(B) identification of Department research, development,
test, and evaluation organizations engaged with such
innovation ecosystems;
[[Page S6084]]
(C) identification of the private sector assets and
authorities that are being used to support, sustain, and
expand the identified innovation ecosystem; and
(D) a description of challenges and successes associated
with each innovation ecosystem.
(5) Such other elements as the Secretary considers
appropriate.
(d) Interim Briefing.--Not later than December 1, 2022, the
Secretary shall provide the congressional defense committees
a briefing on the strategy and implementation plan developed
under subsection (a).
(e) Submittal of Strategy and Plan.--Not later than March
1, 2023, the Secretary shall submit to the congressional
defense committees the strategy and implementation plan
developed under subsection (a).
(f) Quadrennial Updates.--Not later than March 1, 2027, and
not less frequently than once ever four years thereafter
until December 31, 2039, the Secretary shall--
(1) update the strategy and plan developed under subsection
(a); and
(2) submit the updated strategy and plan to the
congressional defense committees.
(g) Authorities.--The strategy and implementation plan
developed under subsection (a) may incorporate the use of the
following authorities or programs:
(1) Section 1746a of title 10, United States Code, relating
to acquisition workforce educational partnerships.
(2) Section 2194 of such title, relating to education
partnerships.
(3) Section 2474 of such title, relating to centers of
industrial and technical excellence.
(4) Section 4001 of such title, relating to research and
development projects.
(5) Section 4010 of such title, relating to the Defense
established program to stimulate competitive research.
(6) Sections 4021 and 4022 of such title, relating to
transactions other than contracts and grants and authority of
the Department of Defense to carry out certain prototype
projects, respectively.
(7) Section 4023 of such title, relating to procurement for
experimental purposes.
(8) Section 4025 of such title, relating to prizes for
advanced technology achievements.
(9) Section 4123 of such title, relating to mechanisms to
provide funds for defense laboratories for research and
development of technologies for military missions.
(10) Section 4144 of such title, relating to research and
educational programs at historically black colleges and
universities and minority serving institutions.
(11) Section 4832 of such title, relating to the
encouragement of technology transfer at the Department of
Defense.
(12) Section 252 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239), relating to
regional advanced technology clusters.
(13) Section 801(e) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law113-66; 10 U.S.C. 4832
note), relating to enhanced transfer of technology
development at Department of Defense laboratories.
(14) Section 879 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328), relating to
defense pilot program for authority to acquire innovative
commercial products, technologies, and services using general
solicitation competitive procedures.
(15) Section 217 of the National Defense Authorization Act
for Fiscal Year 2018 (Public 115-91; 10 U.S.C. 4001 note),
relating to mechanisms for expedited access to technical
talent and expertise at academic institutions to support
Department of Defense missions.
(16) Section 833 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4001
note), relating to a pilot program on acquisition practices
for emerging technologies.
(17) Other such authorities as the Secretary deems
appropriate.
(h) Definitions.--In this section:
(1) The term ``Department of Defense research, development,
test, and evaluation assets`` includes the following:
(A) The Department of Defense science and technology
reinvention laboratories designated under section 4121 of
title 10, United States Code.
(B) The Major Range and Test Facility Base (as defined in
section 4173(i) of such title).
(C) Department of Defense sponsored manufacturing
innovation institutes.
(D) The organic industrial base.
(E) Department of Defense agencies and field activities
that execute research, development, test, and evaluation
funded activities.
(2) The term ``innovation ecosystem`` refers to a
regionally based network of private sector, academic, and
government institutions in a network of formal and informal
institutional relationships that contribute to technological
and economic development in a defined technology sector or
sectors.
SEC. 233. MODIFICATION OF DIRECTOR FOR OPERATIONAL TEST AND
EVALUATION ANNUAL REPORT.
Section 139(h)(3) of title 10, United States Code, is
amended by inserting ``or controlled unclassified`` after
``classified``.
SEC. 234. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS ON
DEVELOPMENT AND IMPLEMENTATION OF STRATEGY FOR
FIFTH GENERATION INFORMATION AND COMMUNICATIONS
TECHNOLOGIES.
Section 254(d)(1) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4571 note)
is amended, in the matter before subparagraph (A), by
striking ``March 15, 2022`` and inserting ``December 1,
2026``.
SEC. 235. REPORT ON ESTIMATED COSTS OF CONDUCTING A MINIMUM
FREQUENCY OF HYPERSONIC WEAPONS TESTING.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees 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 each of the Air
Force, the Army, and the Navy, once such systems reach
initial operational capability.
SEC. 236. ANNUAL REPORT ON STUDIES AND REPORTS BEING
UNDERTAKEN BY THE DEPARTMENT OF DEFENSE.
Section 4126 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) Annual Report.--(1) Each year, the Secretary shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives an annual report on all studies and reports
being undertaken for the Department of Defense as of the date
of the report by federally funded research and development
centers.
``(2) Each report submitted under paragraph (1) shall set
forth, for the period covered by the report, the following:
``(A) A list of each study and report described by
paragraph (1).
``(B) For each study or report listed under subparagraph
(A) the following:
``(i) The title of the study or report.
``(ii) The federally funded research and development center
undertaking the study or report.
``(iii) The amount of the contract or other agreement
pursuant to which the study or report is being produced or
conducted.
``(iv) The anticipated completion date of the study or
report.
``(3) The report required by paragraph (1) shall not apply
to the following:
``(A) Classified reports or studies.
``(B) Technical reports associated with scientific research
or technical development activities.
``(C) Reports or studies that are deliverables under
contract for non-Defense Department entities.
``(D) Reports or studies that are draft, or have not
undergone a peer-review or prepublication security review
process established by the federally funded research and
development centers.``
``(4) The report required by paragraph (1) shall be
generated using the products and processes generated pursuant
to section 908 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 111 note).
``(5) The requirements of this subsection shall terminate
on the date that is five years after the date of the
enactment of this subsection.``.
SEC. 237. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECURITY OF
MICROELECTRONICS.
(a) Development and Implementation of Capability.--The
Secretary of Defense shall develop and implement a capability
for quantifiable assurance to achieve practical, affordable,
and risk-based objectives for security of microelectronics to
enable the Department of Defense to access and apply state-
of-the-art microelectronics for military purposes.
(b) Establishment of Requirements and Schedule of Support
for Development, Test, and Assessment.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall, in consultation with the Under Secretary of Defense
for Research and Engineering, establish requirements and a
schedule for support from the National Security Agency to
develop, test, assess, implement, and improve the capability
required by subsection (a).
(2) National security agency.--The Director of the National
Security Agency shall take such actions as may be necessary
to satisfy the requirements established under paragraph (1).
(3) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering and the Director of the National
Security Agency shall provide the congressional defense
committees a briefing on the requirements and the schedule
for support established under paragraph (1).
(c) Assessment.--
(1) In general.--The Secretary of Defense shall assess
whether the Department of Defense, to enable expanded use of
unprogrammed application specific integrated circuits or
other custom-designed integrated circuits manufactured by a
supplier that is not using processes accredited by the
Defense Microelectronics Activity for the purpose of enabling
the Department to access commercial state-of-the-art
microelectronics technology using risk-based quantifiable
assurance security methodology, should--
(A) seek changes to the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22, Code
of Federal Regulations, and Department of Defense Instruction
5200.44 (relating to protection of mission critical functions
to achieve trusted systems and networks); and
[[Page S6085]]
(B) expand the use of unprogrammed custom-designed
integrated circuits that are not controlled by such
regulations.
(2) Briefing.--Not later than April 1, 2023, the Secretary
shall provide the congressional defense committees a briefing
on the findings of the Secretary with respect to the
assessment conducted under paragraph (1).
SEC. 238. CLARIFICATION OF ROLE OF CHIEF DIGITAL AND
ARTIFICIAL INTELLIGENCE OFFICER.
(a) Personnel Management Authority to Attract Experts in
Science and Engineering.--Section 4092 of title 10, United
States Code, is amended--
(1) in subsection (a)(6)--
(A) by striking ``Director of the Joint Artificial
Intelligence Center`` and inserting ``official designated
under section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 4061 note prec.)``;
(B) by striking ``for the Center`` and inserting ``to
support the activities of such official under section 238 of
such Act``; and
(C) in the paragraph heading, by striking ``Center``;
(2) in subsection (b)(1)(F)--
(A) by striking ``Joint Artificial Intelligence Center``
and inserting ``official designated under section 238(b) of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note
prec.)``;
(B) by striking ``in the Center`` and inserting ``in
support of the activities of such official under section 238
of such Act``;
(3) in subsection (c)(2), by striking ``Joint Artificial
Intelligence Center`` and inserting ``the activities under
section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 4061 note prec.)``.
(b) Joint Artificial Intelligence Research, Development,
and Transition Activities.--Section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 4061 note prec.) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Organization and Roles.--
``(1) In general.--In addition to designating an official
under subsection (b), the Secretary of Defense shall assign
to appropriate officials within the Department of Defense
roles and responsibilities relating to the research,
development, prototyping, testing, procurement of,
requirements for, and operational use of artificial
intelligence technologies.
``(2) Appropriate officials.--The officials assigned roles
and responsibilities under paragraph (1) shall include--
``(A) the Under Secretary of Defense for Research and
Engineering;
``(B) the Under Secretary of Defense for Acquisition and
Sustainment;
``(C) one or more officials in each military department;
``(D) officials of appropriate Defense Agencies; and
``(E) such other officials as the Secretary of Defense
determines appropriate.``;
(2) in subsection (e), by striking ``Director of the Joint
Artificial Intelligence Center`` and inserting ``official
designated under subsection (b)``; and
(3) by striking subsection (h).
(c) Biannual Report on Activities of the Chief Digital and
Artificial Intelligence Office.--
(1) In general.--Section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended--
(A) in the section heading, by striking ``joint artificial
intelligence center`` and inserting ``activities of the chief
digital and artificial intelligence office``;
(B) in subsection (a)--
(i) by striking ``2023`` and inserting ``2025``; and
(ii) by striking ``Joint Artificial Intelligence Center
(referred to in this section as the `Center`)`` and inserting
``Chief Digital and Artificial Intelligence Office (referred
to in this section as the `Office`)``;
(C) in subsection (b)--
(i) in paragraph (1), by striking ``Center`` and inserting
``Office``;
(ii) in paragraph (2), by striking ``National Mission
Initiatives, Component Mission Initiatives, and any other
initiatives of the Center`` and inserting ``initiatives of
the Office``;
(iii) in paragraphs (3) through (6), by striking ``Center``
each place it appears and inserting ``Office``;
(iv) in paragraph (7), by striking ``Center and the
Center`s investments in the National Mission Initiatives and
Component Mission Initiatives`` and inserting ``Office and
the Office`s investments``;
(v) in paragraph (8), by striking ``Chief Information
Officer`` and inserting ``Chief Digital Artificial
Intelligence Officer``; and
(vi) in paragraph (10), by striking ``Center`` and
inserting ``Officer``; and
(D) by striking subsection (c).
(2) Clerical amendment.--The table of contents in section
2(b) of such Act is amended by striking the item relating to
section 260 and inserting the following new item:
``Sec. 260. Biannual report on the activities of the Chief Digital and
Artificial Intelligence Office.
(d) Chief Data Officer Responsibility for Department of
Defense Data Sets.--Section 903(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2223 note) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(e) Board of Advisors for the Office of the Chief Digital
and Artificial Intelligence Office.--
(1) In general.--Section 233 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 4001 note) is amended--
(A) in the section heading, by striking ``joint artificial
intelligence center`` and inserting ``chief digital and
artificial intelligence office``;
(B) in subsection (a), by striking ``Joint Artificial
Intelligence Center`` and inserting ``Chief Digital and
Artificial Intelligence Office``;
(C) in subsection (b), by striking ``Director`` each place
in appears and inserting ``Chief Digital and Artificial
Intelligence Officer``;
(D) in subsection (f), by striking ``September 30, 2024``
and inserting ``September 30, 2026``; and
(E) in subsection (g)--
(i) by striking paragraphs (2) and (3); and
(ii) by redesignating paragraph (4) as paragraph (2).
(2) Clerical amendment.--The table of contents in section
2(b) of such Act is amended by striking the item relating to
section 233 and inserting the following new item:
``Sec. 233. Board of advisors for the Chief Digital and Artificial
Intelligence Office.
(f) Application of Artificial Intelligence to the Defense
Reform Pillar in the National Defense Strategy.--Section
234(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 113 note) is amended by striking ``Director of the
Joint Artificial Intelligence Center`` and inserting
``official designated under section 238(b) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.)``.
(g) Pilot Program on the Use of Electronic Portfolios to
Evaluate Certain Applicants for Technical Positions.--Section
247(c) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 1580 note prec.) is amended--
(1) by striking paragraphs (1) and (2);
(2) by inserting before paragraph (3) the following new
paragraph (1):
``(3) the Chief Digital and Artificial Intelligence
Office;``; and
(3) by redesignating paragraphs (3) and (4) and paragraphs
(2) and (3), respectively.
(h) References to Joint Artificial Intelligence Center in
Law.--Any reference in any law, regulation, guidance,
instruction, or other document of the Federal Government to
the Director of the Joint Artificial Intelligence Center of
the Department of Defense or to the Joint Artificial
Intelligence Center shall be deemed to refer to the official
designated under section 238(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 4061 note prec.) or the office
of such official, as the case may be.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2023 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. AGGREGATION OF ENERGY CONSERVATION MEASURES AND
FUNDING.
Section 2911 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(j) Aggregate Energy Conservation Measures and Funding.--
(1) To the maximum extent practicable, the Secretary
concerned shall take a holistic view of the energy project
opportunities on installations under the jurisdiction of such
Secretary and shall consider aggregate energy conservation
measures, including energy conservation measures with quick
payback, with energy resilience enhancement projects and
other projects that may have a longer payback period.
``(2) In considering aggregate energy conservation measures
under paragraph (1), the Secretary concerned shall
incorporate all funding available to such Secretary for such
measures, including--
``(A) appropriated funds, such as--
``(i) funds appropriated for the Energy Resilience and
Conservation Investment Program of the Department; and
``(ii) funds appropriated for the Facilities Sustainment,
Restoration, and Modernization program of the Department; and
``(B) funding available under performance contracts, such
as energy savings performance contracts and utility energy
service contracts.``.
SEC. 312. ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE
JOINT REQUIREMENTS FOR FUTURE OPERATIONAL
ENERGY NEEDS OF DEPARTMENT OF DEFENSE.
(a) Establishment.--The Secretary of Defense shall
establish a joint working group
[[Page S6086]]
(in this section referred to as the ``working group``) to
determine joint requirements for future operational energy
needs of the Department of Defense.
(b) Executive Agent.--The Secretary of the Air Force shall
serve as the executive agent of the working group.
(c) Requirements Specified.--
(1) In general.--In determining joint requirements under
subsection (a), the working group shall address the
operational energy needs of each military department and
combatant command to meet energy needs in all domains of
warfare, including land, air, sea, space, cyberspace, subsea,
and subterranean environments.
(2) Priority for certain systems.--Priority for joint
requirements under subsection (a) shall be given to
independent operational energy systems that--
(A) are capable of operating in austere and isolated
environments with quick deployment capabilities; and
(B) may reduce conventional air pollution and greenhouse
gas emissions comparable to currently used systems.
(d) Existing or New Programs.--The working group shall
address the feasibility of meeting joint requirements
determined under subsection (a) through the existing energy
programs of the Department and make recommendations for new
programs to meet such requirements.
(e) Focus Areas.--In carrying out the requirements under
this section, the working group shall focus its efforts on
operational energy, to include--
(1) micro-reactors and small modular reactors;
(2) hydrogen-based fuel systems, including hydrogen fuel
cells and hydrogen-based combustion engines;
(3) battery storage;
(4) renewable energy sources;
(5) retrofits to existing platforms that will increase
efficiencies; and
(6) other technologies and resources that meet joint
requirements determined under subsection (a).
(f) Recommended Plan of Action.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees an unclassified and
classified report and provide to the congressional defense
committees a classified briefing outlining recommendations
for programs to meet joint requirements for future
operational energy needs of the Department of Defense by
2025, 2030, and 2040.
(2) Focus on readiness and flexibility.--In submitting the
report and providing the briefing required by paragraph (1),
the Secretary shall--
(A) address each element of the report or briefing, as the
case may be, in the context of maintaining or increasing--
(i) the readiness levels of the Armed Forces; and
(ii) the flexibility of operational elements within the
Department; and
(B) disregard energy sources that do not increase such
readiness and flexibility, with an explanation for the reason
such sources were disregarded.
(g) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor`` has the meaning given that term in section 951(b)
of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Micro-reactor.--The term ``micro-reactor`` means an
advanced nuclear reactor that has an electric power
production capacity that is not greater than 50 megawatts
that can be transported via land, air, or sea transport and
can be redeployed.
(3) Small modular reactor.--The term ``small modular
reactor`` means an advanced nuclear reactor--
(A) with a rated capacity of less than 300 electrical
megawatts; or
(B) that can be constructed and operated in combination
with similar reactors at a single site.
SEC. 313. ADDITIONAL SPECIAL CONSIDERATIONS FOR DEVELOPING
AND IMPLEMENTING THE ENERGY PERFORMANCE GOALS
AND ENERGY PERFORMANCE MASTER PLAN OF THE
DEPARTMENT OF DEFENSE.
Section 2911(e) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(14) The reliability and security of energy resources in
the event of a military conflict.
``(15) The value of resourcing energy from allies of the
United States in the North Atlantic Treaty Organization and
other major allies of the United States.``.
SEC. 314. PARTICIPATION IN POLLUTANT BANKS AND WATER QUALITY
TRADING.
(a) In General.--Chapter 159 of title 10, United States
Code, is amended by inserting after section 2694c the
following new section:
``Sec. 2694d. Participation in pollutant banks and water
quality trading
``(a) Authority to Participate.--The Secretary of a
military department, and the Secretary of Defense with
respect to matters concerning a Defense Agency, when engaged
in an authorized activity that may or will result in the
discharge of pollutants, may make payments to a pollutant
banking program or water quality trading program approved in
accordance with the Water Quality Trading Policy dated
January 13, 2003, set forth by the Office of Water of the
Environmental Protection Agency, or any successor
administrative guidance or regulation.
``(b) Treatment of Payments.--Payments made under
subsection (a) to a pollutant banking program or water
quality trading program may be treated as eligible project
costs for military construction.
``(c) Discharge of Pollutants Defined.--In this section,
the term `discharge of pollutants` has the meaning given that
term in section 502(12) of the Federal Water Pollution
Control Act (33 U.S.C. 1362(12)) (commonly referred to as the
`Clean Water Act`).``.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2694c following new item:
``2694d. Participation in pollutant banks and water quality trading.
SEC. 315. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL
RESTORATION PROGRAM FOR STATE-OWNED FACILITIES
OF THE NATIONAL GUARD WITH PROVEN EXPOSURE OF
HAZARDOUS SUBSTANCES AND WASTE.
(a) Definition of State-owned National Guard Facility.--
Section 2700 of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The term `State-owned National Guard facility` means
land owned and operated by a State when such land is used for
training the National Guard pursuant to chapter 5 of title 32
with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land is
not under the jurisdiction of the Department of Defense.``.
(b) Authority for Defense Environmental Restoration
Program.--Section 2701(a)(1) of such title is amended, in the
first sentence, by inserting ``and at State-owned National
Guard facilities`` before the period.
(c) Responsibility for Response Actions.--Section
2701(c)(1) of such title is amended by adding at the end the
following new subparagraph:
``(D) Each State-owned National Guard facility being used
for training the National Guard pursuant to chapter 5 of
title 32 with funds provided by the Secretary of Defense or
the Secretary of a military department at the time of actions
leading to contamination by hazardous substances or
pollutants or contaminants.``.
SEC. 316. AUTHORIZATION OF CLOSURE OF RED HILL BULK FUEL
STORAGE FACILITY.
(a) In General.--The Secretary of Defense may close the Red
Hill bulk fuel storage facility of the Department of Defense
in Hawaii (in this section referred to as the ``Facility``).
(b) Plan for Closure and Post-closure Care.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a plan for--
(A) closure of the Facility;
(B) cleanup of the Facility;
(C) monitoring of the Facility following such closure;
(D) maintenance of the Facility following such closure;
(E) optimal post-closure care for the Facility,
specifically addressing--
(i) monitoring and maintenance of liners;
(ii) final covers;
(iii) leachate collection and removal systems;
(iv) leak detection system; and
(v) gas collection systems to protect against releases of
hazardous elements;
(F) environmental remediation of groundwater at the
Facility, to include a description of environmental
remediation plans, including necessary resources for the
Secretary of the Navy to conduct remediation actions at the
Facility in the following year;
(G) coordination and communication with applicable Federal
and State regulatory authorities, the local water utility
authority, applicable State environmental agencies, and
surrounding communities on remediation activities conducted
by the Navy at the Facility;
(H) improvements to processes, procedures, organization,
training, leadership, education, facilities, and policy of
the Department of Defense related to best practices for the
remediation and closure of the Facility; and
(I) measures to ensure that future strategic level assets
of the Department of Defense are properly maintained and
critical environmental assets are protected.
(2) Preparation of plan.--The Secretary shall prepare the
plan required under paragraph (1) in consultation with--
(A) the Administrator of the Environmental Protection
Agency;
(B) the head of the Hawaii Department of Health;
(C) the Director of the United States Geological Survey;
and
(D) the heads of such other relevant Federal and State
agencies as the Secretary considers appropriate.
(c) Identification of Point of Contact at Department of
Defense.--Not later than 60 days after the date of the
enactment of this Act, to ensure clear and consistent
communication related to the defueling, cleanup, closure, and
remediation of the Facility, the Secretary of Defense shall
identify a single point of contact within the Office of the
Secretary of Defense to oversee and communicate with the
public and members of Congress regarding the status of the
Facility at each phase of defueling, cleanup, closure, and
remediation.
(d) Water Monitoring Program.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Defense shall establish a water monitoring program--
[[Page S6087]]
(1) to monitor movement of the fuel plume in the aquifer
surrounding the Facility;
(2) to monitor long-term impacts to such aquifer and local
water bodies resulting from water contamination from the
Facility; and
(3) to coordinate with the Agency for Toxic Substances and
Disease Registry of the Department of Health and Human
Services as the Agency conducts a follow up to the previously
conducted voluntary survey of individuals and entities
impacted by water contamination from the Facility.
SEC. 317. REVISION OF UNIFIED FACILITIES GUIDE SPECIFICATIONS
AND UNIFIED FACILITIES CRITERIA TO INCLUDE
SPECIFICATIONS ON USE OF GAS INSULATED
SWITCHGEAR AND CRITERIA AND SPECIFICATIONS ON
MICROGRIDS AND MICROGRID CONVERTERS.
(a) Gas Insulated Switchgear.--Not later than one year
after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition and Sustainment shall
modify the Unified Facilities Guide Specifications to include
a distinct specification for medium voltage gas insulated
switchgear.
(b) Microgrids.--Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall--
(1) modify the Unified Facilities Criteria to include
criteria for microgrids; and
(2) modify the Unified Facilities Guide Specifications to
include specifications for microgrids and microgrid
controllers.
SEC. 318. TRANSFER OF CUSTOMERS FROM ELECTRICAL UTILITY
SYSTEM OF THE NAVY AT FORMER NAVAL AIR STATION
BARBER`S POINT, HAWAII, TO NEW ELECTRICAL
SYSTEM IN KALAELOA, HAWAII.
(a) In General.--Subject to the availability of
appropriations for such purpose, the Secretary of the Navy
shall pay the reasonable costs to transfer all customers off
of the electrical utility system of the Navy located at
former Naval Air Station Barber`s Point, Hawaii, to the new
electrical system in Kalaeloa, Hawaii, operated by Hawaii
Electric.
(b) Cooperative Agreement or Other Instruction.--The
Secretary of the Navy may enter into a cooperative agreement
or other appropriate instrument with a third party--
(1) to make amounts available to pay the reasonable costs
of transfers described in subsection (a); and
(2) to reimburse the third party for the reasonable costs
that it may incur to carry out paragraph (1).
(c) Facilitation of Transfer.--To facilitate the transfer
of customers described in subsection (a), the Secretary of
the Navy shall provide the following to the State of Hawaii:
(1) A load analysis and design necessary to complete such
transfer.
(2) Such rights of way and easements as may be necessary to
support the construction of replacement electrical
infrastructure.
(d) Disposal of Navy Electrical System.--Subject to the
availability of appropriations for such purpose, after all
customers have been transferred as required under subsection
(a), the Secretary of the Navy may dispose of the electrical
system of the Navy located at former Naval Air Station
Barber`s Point, Hawaii.
SEC. 319. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense shall conduct a
pilot program on the use of sustainable aviation fuel by the
Department of Defense.
(2) Design of program.--The pilot program shall be designed
to--
(A) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department;
(B) promote understanding of the technical and performance
characteristics of sustainable aviation fuel when used in a
military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on increased use of
sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select not fewer than two geographically diverse facilities
of the Department at which to carry out the pilot program.
(B) Onsite refinery.--Not fewer than one facility selected
under subparagraph (A) shall be a facility with an onsite
refinery that is located in proximity to not fewer than one
major commercial airport that is also actively seeking to
increase the use of sustainable aviation fuel.
(2) Notice to congress.--Upon the selection of each
facility under paragraph (1), the Secretary shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives notice of the selection, including an
identification of the facility selected.
(c) Use of Sustainable Aviation Fuel.--
(1) Plans.--For each facility selected under subsection
(b), not later than one year after the selection of the
facility, the Secretary shall--
(A) develop a plan on how to implement, by September 30,
2028, a target of exclusively using at the facility aviation
fuel that is blended to contain not less than 10 percent
sustainable aviation fuel;
(B) submit the plan developed under subparagraph (A) to the
Committees on Armed Services of the Senate and the House of
Representatives; and
(C) provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on such
plan that includes, at a minimum--
(i) a description of any operational, infrastructure, or
logistical requirements and recommendations for the blending
and use of sustainable aviation fuel; and
(ii) a description of any stakeholder engagement in the
development of the plan, including any consultations with
nearby commercial airport owners or operators.
(2) Implementation of plans.--For each facility selected
under subsection (b), during the period beginning on a date
that is not later than September 30, 2028, and for five years
thereafter, the Secretary shall require, in accordance with
the respective plan developed under paragraph (1), the
exclusive use at the facility of aviation fuel that is
blended to contain not less than 10 percent sustainable
aviation fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable
aviation fuel used under the pilot program shall meet the
following criteria:
(1) Such fuel shall be produced in the United States from
domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department
of Defense and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the
Secretary--
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a
national security contingency; and
(2) submits to the congressional defense committees notice
of such waiver and the reasons for such waiver.
(f) Final Report.--
(1) In general.--At the conclusion of the pilot program,
the Assistant Secretary of Defense for Energy, Installations,
and Environment shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
final report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include each of the following:
(A) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(B) A description of any operational, infrastructure, or
logistical requirements and recommendations for the blending
and use of sustainable aviation fuel, with a focus on scaling
up adoption of such fuel throughout the Armed Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial airports
and other jet fuel consumers to increase the rate of use of
sustainable aviation fuel, for both military and non-military
use, including potential collaboration on innovative
financing or purchasing and shared supply chain
infrastructure.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including--
(i) if used, considerations of various blending ratios and
their associated benefits;
(ii) efficiency and distance improvements of flights using
sustainable aviation fuel;
(iii) weight savings on large transportation aircraft and
other types of aircraft with using blended fuel with higher
concentrations of sustainable aviation fuel;
(iv) maintenance benefits of using sustainable aviation
fuel, including engine longevity;
(v) the effect of the use of sustainable aviation fuel on
emissions and air quality;
(vi) the effect of the use of sustainable aviation fuel on
the environment and on surrounding communities, including
environmental justice factors that are created by the demand
for and use of sustainable aviation fuel by the Department of
Defense; and
(vii) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) Sustainable Aviation Fuel Defined.--In this section,
the term ``sustainable aviation fuel`` means liquid fuel
that--
(1) consists of synthesized hydrocarbon;
(2) meets the requirements of ASTM International Standard
D7566 (or successor standard);
(3) is derived from biomass (as such term is defined in
section 45K(c)(3) of the Internal Revenue Code of 1986),
waste streams, renewable energy sources, or gaseous carbon
oxides; and
(4) is not derived from palm fatty acid distillates.
SEC. 320. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY REPORTS
OF DEPARTMENT OF DEFENSE.
(a) Environmental Report.--Section 2711 of title 10, United
States Code, is amended by striking subsections (a) and (b)
and inserting the following new subsections:
``(a) Report Required.--Not later than March 31 of each
year, the Secretary of Defense shall submit to Congress a
report on progress made by environmental programs of the
Department of Defense during the preceding fiscal year.
``(b) Elements.--Each report under subsection (a) shall
include, for the year covered by the report, the following:
[[Page S6088]]
``(1) With respect to environmental restoration activities
of the Department of Defense, and for each of the military
departments, information on the Defense Environmental
Restoration Program under section 2701 of this title,
including--
``(A) the total number of sites at which such program was
carried out;
``(B) the progress of remediation for sites that have not
yet completed cleanup;
``(C) the remaining cost to complete cleanup of known
sites; and
``(D) an assessment by the Secretary of Defense of the
overall progress of such program.
``(2) An assessment by the Secretary of achievements for
environmental conservation and planning by the Department.
``(3) An assessment by the Secretary of achievements for
environmental compliance by the Department.
``(4) An assessment by the Secretary of achievements for
climate resiliency by the Department.
``(5) An assessment by the Secretary of the progress made
by the Department in achieving the objectives and goals of
the Environmental Technology Program of the Department.
``(c) Consolidation.--The Secretary of Defense may
consolidate or attach with or otherwise include in any report
required under subsection (a) any annual report or other
requirement that is aligned or associated with, or would be
better understood if presented as part of a consolidated
report addressing, environmental restoration, compliance, and
resilience.``.
(b) Energy Report.--
(1) In general.--Section 2925 of such title is amended--
(A) by amending the section heading to read as follows:
``Annual report on energy performance, resilience, and
readiness of Department of Defense``; and
(B) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Report Required.--Not later than 240 days after the
end of each fiscal year, the Secretary of Defense shall
submit to the congressional defense committees a report
detailing the fulfillment during that fiscal year of the
authorities and requirements under sections 2688, 2911, 2912,
2920, and 2926 of this title, including progress on energy
resilience at military installations and the use of
operational energy in combat platforms and at contingency
locations.
``(b) Elements.--Each report under subsection (a) shall
include the following:
``(1) For the year covered by the report, the following:
``(A) A description of the progress made to achieve the
goals of the Energy Policy Act of 2005 (Public Law 109-58),
section 2911(g) of this title, and the Energy Independence
and Security Act of 2007 (Public Law 110-140).
``(B) A description of the energy savings, return on
investment, and enhancements to installation mission
assurance realized by the fulfillment of the goals described
in paragraph (1).
``(C) A description of and progress towards the energy
security, resilience, and performance goals and master
planning for the Department of Defense, including associated
metrics pursuant to subsections (c) and (d) of section 2911
of this title and requirements under section 2688(g) of this
title.
``(D) An evaluation of progress made by the Department in
implementing the operational energy strategy of the
Department, including the progress of key initiatives and
technology investments related to operational energy demand
and management.
``(E) Details of the amounts of any funds transferred by
the Secretary of Defense pursuant to section 2912 of this
title, including a detailed description of the purpose for
which such amounts have been used.
``(2) Statistical information on operational energy demands
of the Department, in terms of expenditures and consumption,
for the preceding five fiscal years, including information on
funding made available in regular defense appropriations Acts
and any supplemental appropriation Acts.
``(3) A description of each initiative related to the
operational energy strategy of the Department and a summary
of funds appropriated for each initiative in the previous
fiscal year and current fiscal year and requested for each
initiative for the next five fiscal years.
``(4) Such recommendations as the Secretary considers
appropriate for additional changes in organization or
authority within the Department to enable further
implementation of the energy strategy and such other comments
and recommendations as the Secretary considers appropriate.
``(c) Classified Form.--If a report under subsection (a) is
submitted in classified form, the Secretary of Defense shall,
concurrently with such report, submit to the congressional
defense committees an unclassified version of the report.
``(d) Consolidation.--The Secretary of Defense may
consolidate or attach with or otherwise include in any report
required under subsection (a) any annual report or other
requirement that is aligned or associated with, or would be
better understood if presented as part of a consolidated
report addressing energy performance, resilience, and
readiness.``.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 173 of such title is
amended by striking the item relating to section 2925 and
inserting the following new item:
``2925. Annual report on energy performance, resilience, and readiness
of Department of Defense.
(c) Treatment of Termination of Reporting Requirements.--
(1) In general.--Section 1061(c) of National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 111 note) is amended by striking paragraphs (51)
and (54).
(2) Rule of construction.--The reports required by sections
2711 and 2925 of title 10, United States Code, as amended by
this section, shall not be considered to be covered reports
for purposes of section 1080 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 111 note).
SEC. 321. REPORT ON FEASIBILITY OF TERMINATING ENERGY
PROCUREMENT FROM FOREIGN ENTITIES OF CONCERN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Assistant Secretary of Defense
for Energy, Installations, and Environment shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the feasibility and
advisability of terminating energy procurement by the
Department of Defense from foreign entities of concern.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment of the reliance by the Department of
Defense on foreign entities of concern for the procurement of
energy.
(2) An identification of the number of energy contracts in
force between the Director of the Defense Logistics Agency
and a foreign entity of concern or an entity headquartered in
a country that is a foreign entity of concern.
(3) Such proposals as the Assistant Secretary of Defense
for Energy, Installations, and Environment may have for
divestment of resourcing of energy for the Department of
Defense from entities described in subparagraph (B) and
reconfiguring such resourcing instead from allies of the
United States in the North Atlantic Treaty Organization and
other major allies of the United States.
(c) Foreign Entity of Concern Defined.--In this section,
the term ``foreign entity of concern`` has the meaning given
that term in section 9901 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4651).
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 331. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY
AND ASSESSMENT ON HEALTH IMPLICATIONS OF PER-
AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN
DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES
AND DISEASE REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350),
as amended by section 315(a) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1713), section 321 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1307), section 337 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3533), and section 342 of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1643), is further amended--
(1) in clause (ii), by striking ``2023`` and inserting
``2022``; and
(2) by adding at the end the following new clause:
``(iii) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not more
than $20,000,000 in fiscal year 2023 to the Secretary of
Health and Human Services to pay for the study and assessment
required by this section.``.
SEC. 332. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS
OF TESTING FOR PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES ON PRIVATE PROPERTY.
Section 345(a)(2) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2715 note)
is amended by inserting ``personally identifiable information
in connection with`` after ``publicly disclose``.
SEC. 333. DEPARTMENT OF DEFENSE RESEARCH RELATING TO
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.
(a) Publication of Information.--
(1) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, Secretary of Defense
shall publish on the publicly available website established
under section 331(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2701
note) timely and regularly updated information on the
research efforts of the Department of Defense relating to
perfluoroalkyl or polyfluoroalkyl substances, which shall
include the following:
(A) A description of any research collaborations and data
sharing by the Department with the Department of Veterans
Affairs, the Agency for Toxic Substances and Disease
Registry, or any other agency (as defined in section 551
title 5, United States Code), States, academic institutions,
nongovernmental organizations, or any other entity.
(B) Regularly updated information on research projects
supported or conducted by the Department of Defense
pertaining to the development, testing, and evaluation of a
fluorine-free firefighting foam or any other
[[Page S6089]]
alternative to aqueous film forming foam that contains
perfluoroalkyl or polyfluoroalkyl substances, excluding any
proprietary information that is business confidential.
(C) Regularly updated information on research projects
supported or conducted by the Department pertaining to the
health effects of perfluoroalkyl or polyfluoroalkyl
substances, including information relating to the impact of
such substances on firefighters, veterans, and military
families and excluding any personally identifiable
information.
(D) Regularly updated information on research projects
supported or conducted by the Department pertaining to
treatment options for drinking water, surface water, ground
water, and the safe disposal of perfluoroalkyl or
polyfluoroalkyl substances.
(E) Budget information, including specific spending
information for the research projects relating to
perfluoroalkyl or polyfluoroalkyl substances that are
supported or conducted by the Department.
(F) Such other matters as may be relevant to ongoing
research projects supported or conducted by the Department to
address the use of perfluoroalkyl or polyfluoroalkyl
substances and the health effects of the use of such
substances.
(2) Format.--The information published under paragraph (1)
shall be made available in a downloadable, machine-readable,
open, and a user-friendly format.
(3) Definitions.--In this subsection:
(A) Military installation.--The term ``military
installation`` includes active, inactive, and former military
installations.
(B) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance`` means a man-made chemical of which all of the
carbon atoms are fully fluorinated carbon atoms.
(C) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance`` means a man-made chemical containing a mix of
fully fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.
(b) Inclusion of Research Duties in Perfluoroalkyl
Substances and Polyfluoroalkyl Substances Task Force.--
Section 2714(e) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(5) Supporting research efforts relating to
perfluoroalkyl substances or polyfluoroalkyl substances.
``(6) Establishing practices to ensure the timely and
complete dissemination of research findings and related data
relating to perfluoroalkyl substances or polyfluoroalkyl
substances to the general public.``.
Subtitle D--Logistics and Sustainment
SEC. 351. IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS REGARDING SHIPYARD
INFRASTRUCTURE OPTIMIZATION PLAN OF THE NAVY.
(a) In General.--Not later than March 1, 2023, the
Secretary of the Navy shall--
(1) develop metrics for assessing progress of the Secretary
toward improved shipyard capacity and performance in carrying
out the Shipyard Infrastructure Optimization Plan of the
Navy, including by measuring the effectiveness of capital
investments;
(2) ensure that the shipyard optimization program office of
the Navy--
(A) includes all costs, such as inflation, program office
activities, utilities, roads, environmental remediation,
historic preservation, and alternative workspace when
developing a detailed cost estimate; and
(B) uses cost estimating best practices in developing a
detailed cost estimate, including--
(i) a program baseline;
(ii) a work breakdown structure;
(iii) a description of the methodology and key assumptions;
(iv) a consideration of inflation;
(v) a full assessment of risk and uncertainty; and
(vi) a sensitivity analysis; and
(3) obtain an independent cost estimate for the shipyard
optimization program before starting the prioritization of
projects under such program.
(b) Briefing.--If the Secretary of the Navy is unable to
implement the requirements under subsection (a) by March 1,
2023, the Secretary shall brief the Committees on Armed
Services of the Senate and the House of Representatives
before such date on--
(1) the current progress of the Secretary towards
implementing those requirements;
(2) any hindrance to implementing those requirements; and
(3) any additional resources necessary to implement those
requirements.
SEC. 352. RESEARCH AND ANALYSIS ON THE CAPACITY OF PRIVATE
SHIPYARDS IN THE UNITED STATES AND THE EFFECT
OF THOSE SHIPYARDS ON NAVAL FLEET READINESS.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Navy shall
enter into an agreement with a nonprofit entity or a
federally funded research and development center to conduct
research and analysis regarding the capacity and capability
of private shipyards in the United States to repair,
maintain, and modernize surface combatants and support ships
of the Navy to ensure fleet readiness.
(b) Elements.--The research and analysis conducted under
subsection (a) shall include the following:
(1) An assessment of the maintenance needs of the Navy
during the five-year period preceding the date of the
enactment of this Act, including frequency of unplanned
maintenance and average time it takes to repair ships.
(2) An assessment of the projected maintenance needs of the
Navy during the 10-year period following such date of
enactment.
(3) An assessment of whether current private shipyards in
the United States have the capacity to meet current and
anticipated needs of the Navy to maintain and repair ships,
include whether there are adequate ship repair facilities and
a sufficient trained workforce.
(4) An identification of barriers limiting success of
intermediate-level and depot-level maintenance
availabilities, including constraints of adding private depot
capacity and capability.
(5) Recommendations based on the findings of paragraphs (1)
through (4) regarding actions the Secretary of the Navy can
take to ensure there is an industrial base of private ship
repair facilities to meet the needs of the Navy and ensure
fleet readiness, including whether the Secretary should
institute a new force generation model, establish additional
homeport facilities, or establish new hub-type maintenance
facilities.
(c) Input From Private Shipyards.--In conducting research
and analysis under subsection (a), the nonprofit entity or
federally funded research and development center with whom
the Secretary of the Navy entered into an agreement under
subsection (a) shall consult with private shipyards
regarding--
(1) the fleet maintenance needs of surface combatant and
support ships of the Navy;
(2) private shipyard capacity, including workforce; and
(3) additional investment in private shipyards necessary to
meet the needs of the Navy.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the nonprofit entity or federally
funded research and development center with whom the
Secretary of the Navy entered into an agreement under
subsection (a) shall submit to the Secretary a report on the
results of the research and analysis undertaken under such
subsection.
(2) Transmittal to congress.--Not later than 30 days after
the Secretary receives the report under paragraph (1), the
Secretary shall transmit to the congressional defense
committees a copy of the report.
SEC. 353. LIMITATION ON FUNDS FOR THE JOINT MILITARY
INFORMATION SUPPORT OPERATIONS WEB OPERATIONS
CENTER.
Not more than 50 percent of the amount authorized to be
appropriated for the Joint Military Information Support
Operations Web Operations Center for Operation and
Maintenance, Defense-Wide, may be obligated and expended
until the Secretary of Defense submits to the congressional
defense committees a plan for--
(1) appropriately scoping and tailoring messaging
activities to foreign target audiences;
(2) ensuring messages serve a valid military purpose;
(3) effectively managing risk associated with web-based
military information support operations;
(4) maintaining alignment with policies and procedures of
the Department of Defense;
(5) adequately overseeing and approving the work of
contractors;
(6) ensuring alignment with policy guidance and procedures
of the Department; and
(7) coordinating activities with the Global Engagement
Center of the Department of State and other relevant non-
Department of Defense entities.
SEC. 354. NOTIFICATION OF INCREASE IN RETENTION RATES FOR
NAVY SHIP REPAIR CONTRACTS.
(a) In General.--Not later than 30 days before making a
change to increase the level of retention rates for a Navy
ship repair contract, the Secretary of the Navy shall notify
the congressional defense committees.
(b) Matters To Be Included.--A notification under
subsection (a) with respect to a change to increase the level
of retention rates for a Navy ship repair contract shall
include the following information:
(1) An identification of any considerations that informed
the decision to increase such rates.
(2) The desired effect the change will have on the Navy
ship repair industrial base.
SEC. 355. INAPPLICABILITY OF ADVANCE BILLING DOLLAR
LIMITATION FOR RELIEF EFFORTS FOLLOWING MAJOR
DISASTERS OR EMERGENCIES.
Section 2208(l)(3) of title 10, United States Code, is
amended--
(1) by striking ``The total`` and inserting ``(A) Except as
provided in subparagraph (B), the total``; and
(2) by adding at the end the following new subparagraph:
``(B) The dollar limitation under subparagraph (A) shall
not apply with respect to advance billing for relief efforts
following a declaration of a major disaster or emergency
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).``.
[[Page S6090]]
SEC. 356. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME
LIMITATIONS ON DURATION OF PUBLIC-PRIVATE
COMPETITIONS.
Subsection (c) of section 322 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2252) is repealed.
Subtitle E--Reports
SEC. 371. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL
ESTIMATES IN READINESS REPORTS.
Section 482(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) A summary of the joint medical estimate under
section 732(b)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1817) prepared by the Joint Staff Surgeon with a
mitigation plan to correct any readiness problem or
deficiency and the timeline, cost, and any legislative action
required to correct any such problem or deficiency.``.
Subtitle F--Other Matters
SEC. 381. IMPLEMENTATION OF RECOMMENDATIONS RELATING TO
ANIMAL FACILITY SANITATION AND MASTER PLAN FOR
HOUSING AND CARE OF HORSES.
(a) Implementation by Secretary of the Army of Certain
Recommendations Relating to Animal Facility Sanitation.--Not
later than March 1, 2023, the Secretary of the Army shall
implement the recommendations contained in the memorandum of
the Department of the Army dated February 25, 2022, the
subject of which is ``Animal Facility Sanitation Inspection
Findings for the Fort Myer Caisson Barns/Paddocks and the
Fort Belvoir Caisson Pasture Facility`` (MHCB-RN).
(b) Master Plan for the Housing and Care of All Horses
Within the Care of the Old Guard.--
(1) In general.--Not later than March 1, 2023, the
Secretary of the Army shall submit to Congress a master plan
for the housing and care of all horses within the care of the
3rd United States Infantry (commonly known as the ``Old
Guard``).
(2) Elements.--The plan required by paragraph (1) shall--
(A) describe all modifications planned or underway at the
Fort Myer Caisson Barns/Paddocks, the Fort Belvoir Caisson
Pasture Facility, and any other facility or location under
consideration for stabling of the horses described in
paragraph (1);
(B) identify adequate space at Fort Myer, Virginia, to
properly care for the horses described in paragraph (1);
(C) prioritize the allotment of the space identified under
subparagraph (B) over other functions of Fort Myer that could
be placed elsewhere;
(D) include projected timelines and resource requirements
to execute the plan; and
(E) describe--
(i) immediate remedies for the unsanitary and unsafe
conditions present at the locations described in subparagraph
(A); and
(ii) how long-term quality of life improvements will be
provided for the horses described in paragraph (1).
SEC. 382. INCLUSION OF LAND UNDER JURISDICTION OF DEPARTMENT
OF DEFENSE SUBJECT TO LONG-TERM REAL ESTATE
AGREEMENT AS COMMUNITY INFRASTRUCTURE FOR
PURPOSES OF DEFENSE COMMUNITY INFRASTRUCTURE
PILOT PROGRAM.
Section 2391(e)(4)(A)(i) of title 10, United States Code,
is amended by inserting before the semicolon the following:
``or on land under the jurisdiction of a Secretary of a
military department subject to a long-term real estate
agreement, such as a lease or an easement``.
SEC. 383. RESTRICTION ON PROCUREMENT OR PURCHASING BY
DEPARTMENT OF DEFENSE OF TURNOUT GEAR FOR
FIREFIGHTERS CONTAINING PERFLUOROALKYL
SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES.
(a) Prohibition on Procurement and Purchasing.--Beginning
on October 1, 2026, the Secretary of Defense may not enter
into a contract to procure or purchase covered personal
protective firefighting equipment for use by Federal or
civilian firefighters if such equipment contains an
intentionally added perfluoroalkyl substance or
polyfluoroalkyl substance.
(b) Implementation.--
(1) Inclusion in contracts.--The Secretary of Defense shall
include the prohibition under subsection (a) in any contract
entered into by the Department of Defense to procure covered
personal protective firefighting equipment for use by Federal
or civilian firefighters.
(2) No obligation to test.--In carrying out the prohibition
under subsection (a), the Secretary shall not have an
obligation to test covered personal protective firefighting
equipment to confirm the absence of perfluoroalkyl substances
or polyfluoroalkyl substances.
(c) Existing Inventory.--Nothing in this section shall
impact existing inventories of covered personal protective
firefighting equipment.
(d) Availability of Alternatives.--
(1) In general.--The requirement under subsection (a) shall
be subject to the availability of sufficiently protective
covered personal protective firefighting equipment that does
not contain intentionally added perfluoroalkyl substances or
polyfluoroalkyl substances.
(2) Extension of effective date.--If the Secretary of
Defense determines that no sufficiently protective covered
personal protective firefighting equipment that does not
contain intentionally added perfluoroalkyl substances or
polyfluoroalkyl substances is available, the deadline under
subsection (a) shall be extended until the Secretary
determines that such covered personal protective firefighting
equipment is available.
(e) Definitions.--In this section:
(1) Covered personal protective firefighting equipment.--
The term ``covered personal protective firefighting
equipment`` means--
(A) any product that provides protection to the upper and
lower torso, arms, legs, head, hands, and feet; or
(B) any other personal protective firefighting equipment,
as determined by the Secretary of Defense.
(2) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance`` means a man-made chemical of which all of the
carbon atoms are fully fluorinated carbon atoms.
(3) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance`` means a man-made chemical containing at least one
fully fluorinated carbon atom and at least one non-fully
fluorinated carbon atom.
SEC. 384. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS
EXECUTIVE AGENT FOR NAVAL SMALL CRAFT
INSTRUCTION AND TECHNICAL TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal
year 2023--
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction
and Technical Training School pursuant to section 352(b) of
title 10, United States Code; and
(2) to provide such support, as necessary, for the
continued operation of such school.
SEC. 385. PROHIBITION ON USE OF FUNDS TO DISCONTINUE THE
MARINE MAMMAL SYSTEM PROGRAM.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to
discontinue or prepare to discontinue, including through
substantive reduction in training and operational employment,
the Marine Mammal System program that has been or is
currently being used for--
(1) port security at installations of the Navy, commonly
known as Mark-6 systems; or
(2) mine search capabilities, commonly known as Mark-7
systems.
(b) Waiver.--The Secretary of the Navy may waive the
prohibition under subsection (a) if the Secretary, with the
concurrence of the Director of Operational Test and
Evaluation of the Department of Defense, certifies to the
congressional defense committees in writing that the
Secretary has--
(1) identified a replacement capability and the necessary
quantity of systems to carry out such capability to meet all
operational requirements currently being met by the Marine
Mammal System program with a detailed explanation of such
capability and quantity;
(2) achieved initial operational capability of all systems
described in paragraph (1) with a detailed explanation of
such achievement; and
(3) deployed a sufficient quantity of systems described in
paragraph (1) that have achieved initial operational
capability to continue to meet or exceed all operational
requirements currently being met by the Marine Mammal System
program with a detailed explanation of such deployment.
SEC. 386. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE
FLEET OF THE DEPARTMENT OF DEFENSE WITH
ELECTRIC VEHICLES, ADVANCED-BIOFUEL-POWERED
VEHICLES, OR HYDROGEN-POWERED VEHICLES.
(a) In General.--Until the date on which the Secretary of
Defense submits to the Committees on Armed Services of the
Senate and House of Representatives the report described in
subsection (b), the Secretary may not enter into an
indefinite delivery indefinite quantity contract to procure
and replace the existing non-tactical vehicle fleet of the
Department of Defense with electric vehicles, advanced-
biofuel-powered vehicles, or hydrogen-powered vehicles.
(b) Elements.--The report described in this subsection
shall include the following:
(1) A complete cost estimate for the acquisition by the
Department of Defense, or through contract mechanisms used by
the Department, such as energy savings performance contracts,
of electric non-tactical vehicles to replace the existing
non-tactical vehicle fleet of the Department, which shall
include--
(A) the cost per unit and number of units to be procured of
each type of electric non-tactical vehicle (trucks, buses,
vans, etc.);
(B) the cost associated with building the required
infrastructure to support electric non-tactical vehicles,
including charging stations and electric grid requirements;
(C) a per-unit lifecycle cost comparison between electric
vehicles and combustion engine vehicles of each type
(electric truck versus conventional truck, etc.);
(D) maintenance requirements of electric vehicles compared
to combustion engine vehicles; and
(E) for each military department, a cost comparison over
periods of three, five, 10,
[[Page S6091]]
and 15 years of pursuing an electric non-tactical vehicle
fleet versus continuing with combustion engine non-tactical
vehicles.
(2) An assessment of the current and projected sourcing
shortfalls for lithium, cobalt, and nickel from Taiwan,
India, member countries of the North Atlantic Treaty
Organization, and major allies of the North Atlantic Treaty
Organization.
(3) An assessment of the current and projected supply chain
shortfalls for electric vehicles, set forth by industry.
(4) An assessment of the cost associated with building the
required infrastructure to support electric non-tactical
vehicles, including charging stations and electric grid
requirements.
(5) An assessment of the security risks associated with
data collection conducted with respect to electric vehicles
and related computer systems.
(6) An assessment of the current range requirements for
electric vehicle compared to combustion engine vehicles and
the average life of vehicles of the Department necessary to
maintain current readiness requirements of the Department.
(7) An assessment of maintenance requirements of electric
vehicles compared to combustion engine vehicles.
(8) A cost-benefit analysis of the cost, time, and manpower
associated with maintenance of electric non-tactical vehicles
compared to combustion engine non-tactical vehicles.
(9) An assessment of the effect transitioning to electric
non-tactical vehicles would have on the National Defense
Stockpile administered by the Defense Logistics Agency and
current and future requirements relating to such stockpile.
(10) An identification of components for electric non-
tactical vehicles that are currently being sourced from the
People`s Republic of China.
(11) An assessment of the long-term cost and benefit to the
Department of being an early adopter of hydrogen-powered
vehicles and advanced-biofuel-powered vehicles.
(12) An assessment of the long-term availability to the
Department of internal combustion engines and spare parts for
such engines, including whether or not they will be
manufactured in the United States or repairable with parts
made in the United States and labor in the United States.
(13) A comparison of the relative risk to personnel of the
Department, budgetary impacts, and impacts on the supply
chain between different fuel types to determine the tradeoffs
associated with the adoption and use of any particular fuel
type.
(c) Additional Prohibition.--No funds may be obligated or
expended for the Department of Defense for the procurement of
non-tactical electric vehicles, advanced-biofuel-powered
vehicles, hydrogen-powered vehicles, or any components or
spare parts associated with such vehicles that are not in
compliance with subpart 22.15 of the Federal Acquisition
Regulation maintained under section 1303(a)(1) of title 41,
United States Code (or any successor regulations), on the
Prohibition of Acquisition of Products Produced by Forced or
Indentured Child Labor.
(d) Definitions.--In this section:
(1) Advanced-biofuel-powered vehicle.--The term ``advanced-
biofuel-powered vehicle`` includes a vehicle that uses a fuel
described in section 9001(3)(A) of the Farm Security and
Rural Investment Act of 2202 (7 U.S.C. 8101(3)(A)).
(2) Charging station.--The term ``charging station`` means
a parking space with electric vehicle supply equipment that
supplies electric energy for the recharging of electric
vehicles with at least a level 2 charger.
(3) Electric grid requirements.--The term ``electric grid
requirements`` means the power grid and infrastructure
requirements needed to support plug-in electric vehicles and
vehicle-to-grid requirements.
(4) Hydrogen-powered vehicle.--The term ``hydrogen-powered
vehicle`` means a vehicle that uses hydrogen as the main
source of motive power, either through a fuel cell or
internal combustion.
(5) Non-tactical vehicle.--The term ``non-tactical
vehicle`` means any commercial motor vehicle, trailer,
material handling equipment, or engineering equipment that
carries passengers or cargo acquired for the administrative,
direct mission, or operational support of military functions.
SEC. 387. LIMITATION ON USE OF CHARGING STATIONS FOR PERSONAL
ELECTRIC VEHICLES.
The Secretary of Defense may not permit the charging of
personal electric vehicles through the use of charging
stations provided by the Department of Defense unless the
charging infrastructure for such stations allows for the
receipt of payment for such charging.
SEC. 388. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY DATA
COLLECTION.
(a) In General.--Not later than October 1, 2023, the
Secretary of the Army and the Secretary of the Navy shall
each initiate a pilot program to evaluate the utility of
using data recorders to monitor, assess, and improve
readiness and the safe operation of military tactical
vehicles in the Army and the Marine Corps, respectively.
(b) Duration.--Each pilot program initiated under
subsection (a) shall be carried out for a period of not less
than two years.
(c) Requirements.--In carrying out a pilot program under
this section, the Secretary of the Army and the Secretary of
the Navy shall--
(1) carry out the pilot program at not fewer than one
military installation in the United States selected by the
Secretary concerned that contains the necessary forces,
equipment, and maneuver training ranges to collect data on
drivers and military tactical vehicles during training and
routine operation;
(2) install data recorders on a sufficient number of each
type of military tactical vehicle specified in subsection (d)
to gain statistically significant results;
(3) select a data recorder capable of collecting and
exporting telemetry data, event data, and driver
identification data during operation and accidents;
(4) establish and maintain a data repository for operation
and event data captured by the data recorder; and
(5) establish processes to leverage operation and event
data to improve individual vehicle operator performance,
identify installation hazards that threaten safe vehicle
operation, and identify vehicle-type specific operating
conditions that increase the risk of accidents or mishaps.
(d) Military Tactical Vehicles Specified.--Military
tactical vehicles specified in this subsection are the
following:
(1) High Mobility Multipurpose Wheeled Vehicles.
(2) Family of Medium Tactical Vehicles.
(3) Medium Tactical Vehicle Replacements.
(4) Heavy Expanded Mobility Tactical Trucks.
(5) Light Armored Vehicles.
(6) Stryker armored combat vehicles.
(7) Such other military tactical vehicles as the Secretary
of the Army or the Secretary of the Navy considers
appropriate.
(e) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
and the Secretary of the Navy shall each--
(1) develop plans for implementing the pilot programs under
this section; and
(2) provide to the congressional defense committees a
briefing on those plans and the estimated cost of
implementing those plans.
(f) Report Required.--Not later than December 15, 2024, the
Secretary of the Army and the Secretary of the Navy shall
each submit to the congressional defense committees a report
on the pilot program carried out under this section by the
Secretary concerned, including--
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and
the safe operation of military tactical vehicles;
(2) adjustments made, or to be made, to the implementation
plans developed under subsection (e); and
(3) any other matters as determined appropriate by the
Secretary concerned.
(g) Assessment Required.--Not later than December 15, 2025,
the Secretary of the Army and the Secretary of the Navy shall
jointly submit to the congressional defense committees an
assessment of the pilot programs carried out under this
section, including--
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and
the safe operation of military tactical vehicles;
(2) an assessment of the utility of establishing an
enduring program to use data recorders to monitor, assess,
and improve readiness and the safe operation of military
tactical vehicles;
(3) an assessment of the scope, size, and estimated cost of
such an enduring program; and
(4) such other matters as the Secretary of the Army and the
Secretary of the Navy determine appropriate.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2023, as follows:
(1) The Army, 473,000.
(2) The Navy, 354,000.
(3) The Marine Corps, 177,000.
(4) The Air Force, 325,344.
(5) The Space Force, 8,600.
SEC. 402. END STRENGTH LEVEL MATTERS.
(a) Strength Levels to Support National Defense Strategy.--
(1) In general.--Section 691 of title 10, United States
Code, is repealed.
(2) Table of sections.--The table of sections at the
beginning of chapter 39 of such title is amended by striking
the item relating to section 691.
(b) Certain Active-duty and Selected Reserve Strengths.--
Section 115 of such title is amended--
(1) in subsection (f), by striking ``increase`` each place
it appears and inserting ``vary``; and
(2) in subsection (g)--
(A) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs:
``(A) vary the end strength pursuant to subsection
(a)(1)(A) for a fiscal year for the armed force or forces
under the jurisdiction of that Secretary by a number not
equal to more than 2 percent of such authorized end strength;
and
``(B) vary the end strength pursuant to subsection (a)(2)
for a fiscal year for the Selected Reserve of the reserve
component of the armed force or forces under the jurisdiction
of that Secretary by a number equal to nor more than 2
percent of such authorized end strength.``; and
[[Page S6092]]
(B) in paragraph (2), by striking ``increase`` each place
it appears and inserting ``variance``.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END
STRENGTH.
(a) In General.--Notwithstanding section 115(g) of title
10, United States Code, upon determination by the Secretary
of the Air Force that such action would enhance manning and
readiness in essential units or in critical specialties, the
Secretary may vary the end strength authorized by Congress
for each fiscal year as follows:
(1) Increase the end strength authorized pursuant to
section 115(a)(1)(A) for a fiscal year for the Space Force by
a number equal to not more than 5 percent of such authorized
end strength.
(2) Decrease the end strength authorized pursuant to
section 115(a)(1)(A) for a fiscal year for the Space Force by
a number equal to not more than 10 percent of such authorized
end strength.
(b) Termination.--The authority provided under subsection
(a) shall terminate on December 31, 2023.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2023, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 57,700.
(4) The Marine Corps Reserve, 33,000.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve for any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2023, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,077.
(4) The Marine Corps Reserve, 2,388.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) In General.--The minimum number of military technicians
(dual status) as of the last day of fiscal year 2023 for the
reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code)
shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States,
10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians
(dual Status).--The number of temporary military technicians
(dual-status) employed under the authority of subsection (a)
may not exceed 25 percent of the total authorized number
specified in such subsection.
(c) Limitation.--Under no circumstances may a military
technician (dual status) employed under the authority of this
section be coerced by a State into accepting an offer of
realignment or conversion to any other military status,
including as a member of the Active, Guard, and Reserve
program of a reserve component. If a military technician
(dual status) declines to participate in such realignment or
conversion, no further action will be taken against the
individual or the individual`s position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2023, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2023 for the
use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2023.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. CONSIDERATION OF ADVERSE INFORMATION.
Section 628a(a)(1) of title 10, United States Code, is
amended--
(1) by inserting ``(A)`` before ``If the Secretary
concerned``; and
(2) by adding at the end the following new subparagraph:
``(B) Nothing in this section shall be construed to prevent
a Secretary concerned from deferring consideration of adverse
information concerning an officer subject to this section
until the next regularly scheduled promotion board applicable
to such officer, in lieu of furnishing such adverse
information to a special selection review board under this
section.``.
SEC. 502. EXTENSION OF TIME LIMITATION FOR GRADE RETENTION
WHILE AWAITING RETIREMENT.
Section 601(b)(5) of title 10, United States Code, is
amended by striking ``retirement, but not for more than 60
days.`` and inserting the following: ``retirement, but--
``(A) subject to subparagraph (B), not for more than 60
days; and
``(B) with respect to an officer awaiting retirement
following not less than one year of consecutive deployment
outside of the United States to a combat zone (as defined in
section 112(c) of the Internal Revenue Code of 1986) or in
support of a contingency operation, not for more than 90
days.``.
SEC. 503. REALIGNMENT IN NAVY DISTRIBUTION OF FLAG OFFICERS
SERVING IN THE GRADES OF O-8 AND O-9.
Section 525(a)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``33`` and inserting
``34``; and
(2) in subparagraph (C), by striking ``50`` and inserting
``49``.
SEC. 504. UPDATING WARRANT OFFICER SELECTION AND PROMOTION
AUTHORITY.
(a) Convening of Selection Boards.--Section 573 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(g)(1) Upon the request of a warrant officer, the
Secretary of the military department with jurisdiction over
the officer may exclude the officer from consideration by a
selection board convened under this section to consider
warrant officers for promotion to the next higher grade.
``(2) The Secretary concerned may approve a request of a
warrant officer under paragraph (1) only if--
``(A) the basis for the request is to allow the officer to
complete a deepening assignment in support of career
progression, advanced education, another assignment of
significant value to the Department of Defense, or a career
progression requirement delayed by an assignment or
education;
``(B) it is determined the exclusion from consideration is
in the best interest of the military department concerned;
and
``(C) the officer has not previously failed of selection
for promotion to the grade for which the officer requests the
exclusion from consideration.``.
(b) Promotions: Effect of Failure of Selection for.--
Section 577 of title 10, United States Code, is amended by
striking the period at the end of the second sentence and
inserting ``, or a warrant officer excluded under section
573(g) of this title.``.
(c) Recommendation for Promotion by Selection Boards.--
Section 575 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e)(1) In selecting the warrant officers to be
recommended for promotion, a selection board may, when
authorized by the Secretary concerned, recommend warrant
officers of particular merit, from among those warrant
officers selected for promotion, to be placed higher on the
promotion list contained in the board`s report under section
576(c) of this title.
``(2) A warrant officer may be recommended to be placed
higher on a promotion list under paragraph (1) only if the
warrant officer receives the recommendation of at least a
majority of the members of the board, unless the Secretary
concerned establishes an alternative requirement. Any such
alternate requirement shall be furnished to the board as part
of the guidelines furnished to the board under section 576 of
this title.
``(3) For the warrant officers recommended to be placed
higher on a promotion list under paragraph (1), the board
shall recommend the order in which those warrant officers
should be placed on the list.``.
[[Page S6093]]
(d) Information to Be Furnished to Selection Boards;
Selection Procedures.--Section 576(c) of title 10, United
States Code, is amended to read as follows:
``(c) A selection board convened under section 573(a) of
this title shall, when authorized under section 575(e) of
this title, include in its report to the Secretary concerned
the names of those warrant officers recommended by the board
to be placed higher on the promotion list and the order in
which those officers should be placed on the list. The names
of all other warrant officers recommended for promotion under
this section shall be arranged in the board`s report in the
order of seniority on the warrant officer active-duty
list.``.
(e) Promotions: How Made; Effective Date.--Section 578(a)
of title 10, United States Code, is amended--
(1) by striking ``, in the order of the seniority of such
officers on the warrant officer active-duty list``; and
(2) by adding at the end the following new sentence:
``Warrant officers of particular merit who were recommended
by the board to be placed higher on the promotion list under
section 576(c) of this title shall be listed first and,
amongst themselves, in the order recommended by the board,
followed by the other warrant officers approved for promotion
in order of the seniority of such officers on the warrant
officer active-duty list.``.
SEC. 505. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON
ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT
COLONEL, AND COLONEL.
The table in subsection (a)(1) of section 523 of title 10,
United States Code, is amended by inserting after the items
relating to the Marine Corps new items relating to the total
number of commissioned officers (excluding officers in
categories specified in subsection (b) of such section)
serving on active duty in the Space Force in the grades of
major, lieutenant colonel, and colonel, respectively, as
follows:
``3,900 1,016 782 234
4,300 1,135 873 262
5,000 1,259 845 315
7,000 1,659 1,045 415
10,000 2,259 1,345 565''.
SEC. 506. REPEAL OF REQUIREMENT FOR INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE TO CONDUCT CERTAIN
REVIEWS.
Section 847(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1701
note) is amended--
(1) by striking ``Requirement.--`` and all that follows
through ``Each request`` and inserting ``Requirement.--Each
request``; and
(2) by striking paragraph (2).
SEC. 507. MODIFICATION OF REPORTS ON AIR FORCE PERSONNEL
PERFORMING DUTIES OF A NUCLEAR AND MISSILE
OPERATIONS OFFICER (13N).
Section 506(b) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1682) is
amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) A staffing plan for managing personnel within the 13N
career field as the Air Force transitions from the Minuteman
III weapon system to the Sentinel weapon system.``.
Subtitle B--Reserve Component Management
SEC. 511. AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE OF
ACTIVE GUARD AND RESERVE DUTY AT THE REQUEST OF
A GOVERNOR MAY NOT INTERFERE WITH CERTAIN
DUTIES.
(a) In General.--Section 328(b) of title 32, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Waiver Authority.--(1) Notwithstanding section
101(d)(6)(A) of title 10 and subsection (b) of this section,
the Governor of a State or the Commonwealth of Puerto Rico,
Guam, or the Virgin Islands, or the commanding general of the
District of Columbia National Guard, as the case may be, may,
at the request of the Secretary concerned, order a member of
the National Guard to perform Active Guard and Reserve duty
for purposes of performing training of the regular components
of the armed forces as the primary duty.
``(2) Training performed under paragraph (1) must be in
compliance with the requirements of section 502(f)(2)(B)(i)
of this title.
``(3) No more than 100 personnel may be granted a waiver by
a Secretary concerned under paragraph (1) at a time.
``(4) The authority under paragraph (1) shall terminate on
October 1, 2024.``.
(b) Briefing on Performance of Training as Primary Duty.--
Not later than March 1, 2023, the Secretary of the Army and
the Secretary of the Air Force shall each submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a briefing
describing how many members of the National Guard are
performing Active Guard and Reserve duty for purposes of
performing training of the regular components of the Armed
Forces as the primary duty.
(c) Briefing on End Strength Requirements.--Not later than
October 1, 2024, the Secretary of the Army and the Secretary
of the Air Force shall each submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing outlining the end
strength requirement going forward for Active Guard and
Reserve forces of the National Guard impacted by subsection
(c) of section 328(b) of title 32, United States Code, as
added by subsection (a) of this section.
SEC. 512. SELECTED RESERVE AND READY RESERVE ORDER TO ACTIVE
DUTY TO RESPOND TO A SIGNIFICANT CYBER
INCIDENT.
Section 12304 of title 10, United States Code, is amended--
(1) in subsection (a) in the heading, by striking
``authority`` and inserting ``operational missions and
certain other emergencies``;
(2) by redesignating subsections (c) through (j) as
subsections (d) through (k), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) Significant Cyber Incidents.--The Secretary of
Defense may, without the consent of the member affected,
order any unit, and any member not assigned to a unit
organized to serve as a unit, of the Selected Reserve or
Individual Ready Reserve to active duty for a continuous
period of not more than 365 days when the Secretary of
Defense determines it is necessary to augment the active
forces for a Department of Defense response to a covered
incident.``;
(4) in paragraph (1) of subsection (d), as redesignated by
paragraph (2) of this section, by inserting ``or subsection
(c)`` after ``subsection (b)``;
(5) in subsection (h) (as so redesignated)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``Whenever any`` and inserting ``(1)
Whenever any``; and
(C) by adding at the end the following new paragraph:
``(2) Whenever any unit of the Selected Reserve or any
member of the Selected Reserve not assigned to a unit
organized to serve as a unit, or any member of the Individual
Ready Reserve, is ordered to active duty under authority of
subsection (c), the service of all units or members so
ordered to active duty may be terminated by--
``(A) order of the Secretary of Defense; or
``(B) law.``; and
(6) in subsection (k) (as so redesignated)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) The term `covered incident` means--
``(A) a cyber incident involving a Department of Defense
information system or a breach of a Department of Defense
system that involves personally identifiable information,
that the Secretary of Defense determines is likely to result
in demonstrable harm to the national security interests,
foreign relations, or the economy of the United States, or to
the public confidence, civil liberties, or public health and
safety of the people of the United States;
``(B) a cyber incident or collection of related cyber
incidents that are determined by the President to be likely
to result in demonstrable harm to the national security
interests, foreign relations, or economy of the United States
or to the public confidence, civil liberties, or public
health and safety of the people of the United States; or
``(C) a significant incident declared pursuant to section
2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b).``.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE
OFFICERS IN THE NATIONAL GUARD DUE TO UNDUE
DELAYS IN FEDERAL RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United
States Code, is amended to read as follows:
``(2) If there is a delay in extending Federal recognition
in the next higher grade in the Army National Guard or the
Air National Guard to a reserve commissioned officer of the
Army or the Air Force that exceeds 100 days from the date the
National Guard Bureau determines such officer`s application
for Federal recognition to be completely submitted by the
State and ready for review at the National Guard Bureau, and
the delay was not attributable to the action or inaction of
such officer--
``(A) in the event of State promotion with an effective
date before January 1, 2024, the effective date of the
promotion concerned under paragraph (1) may be adjusted to a
date determined by the Secretary concerned, but not earlier
than the effective date of the State promotion; and
``(B) in the event of State promotion with an effective
date on or after January 1, 2024, the effective date of the
promotion concerned under paragraph (1) shall be adjusted by
the Secretary concerned to the later of--
``(i) the date the National Guard Bureau deems such
officer`s application for Federal recognition to be
completely submitted by
[[Page S6094]]
the State and ready for review at the National Guard Bureau;
and
``(ii) the date on which the officer occupies a billet in
the next higher grade.``.
SEC. 514. INDEPENDENT STUDY ON FEDERAL RECOGNITION PROCESS.
(a) Independent Study.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a federally funded
research and development center to conduct a study on the
National Guard commissioned officer and warrant officer
promotion system and provide recommendations to the
Department of Defense, the Department of the Air Force, the
Department of the Army, the National Guard Bureau, and
individual State National Guard commands.
(2) Elements.--The study referred to in paragraph (1) shall
include a comprehensive review and assessment of the
following:
(A) Reasons for delays in processing personnel actions for
Federal recognition of State National Guard member
promotions.
(B) The Federal recognition process used to extend Federal
recognition to State promotions.
(C) Best practices among the various State National Guards
for managing their requirements under the existing National
Guard promotion system.
(D) Possible improvements to requirements, policies,
procedures, workflow, or resources to reduce the processing
time for Federal recognition of state promotions.
(E) An assessment of the feasibility of developing or
adopting a commercially available solution for an integrated
enterprise information technology system for managing
National Guard officer and warrant officer promotions that
allows seamless transition for promotions as they move
through review at the National Guard Bureau, the Department
of the Army, the Department of the Air Force, and the
Department of Defense.
(F) Possible metrics to evaluate effectiveness of any
recommendations made.
(G) Possible remedies for undue delays in Federal
recognition, including adjustment to the effective date of
promotion beyond current statutory authorities.
(H) Any other matters the federally funded research and
development center determines relevant.
(3) Report.--
(A) In general.--The contract under paragraph (1) shall
require the federally funded research and development center
that conducts the study under the contract to submit to the
Secretary of Defense, the Secretary of the Army, the
Secretary of the Air Force, and the Chief of the National
Guard Bureau a report on the results of the study.
(B) Submission to congress.--Upon receiving the report
required under subparagraph (A), the Secretary of Defense
shall submit an unedited copy of the report results to the
congressional defense committees within 30 days of receiving
the report from the federally funded research and development
corporation.
(b) Reporting Requirement.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter until the
date specified in paragraph (3), the Secretary of Defense, in
consultation with the Secretary of the Army and the Secretary
of the Air Force as appropriate, shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
detailing the current status of the Federal recognition
process for National Guard promotions.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) An update on efforts to transition to fully digital
processes in accordance with recommendations made pursuant to
subsection (a).
(B) The average processing time for personnel actions
related to Federal recognition of reserve commissioned
officer promotions in the Army and Air National Guards,
respectively, including the time in days from the date at
which the National Guard Bureau received the promotion until
the date at which Federal recognition was granted.
(C) The average time it took during the previous fiscal
year to extend Federal recognition.
(D) The number of Army and Air National Guard officers who
experienced Federal recognition delays greater than 90 days
in the previous fiscal year.
(E) A summary of any additional resources or authorities
needed to further streamline the Federal recognition
processes to reduce average Federal recognition processing
time to 90 days or fewer.
(F) Any other information that the Secretaries concerned
deem relevant.
(3) Expiration of annual reporting requirement.--The date
referred to in paragraph (1) is such time as the average
processing time for personnel actions described under this
subsection is reduced to 90 days or fewer for each of the
Army and Air National Guards.
SEC. 515. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD
PROGRAM.
(a) Required Support Through Fiscal Year 2028.--Until
September 30, 2028, the Secretary of Defense shall continue
to support the FireGuard program with National Guard
personnel, including personnel from the California National
Guard and Colorado National Guard, to aggregate, analyze, and
assess multi-source remote sensing information for
interagency partnerships in the initial detection and
monitoring of wildfires across the United States.
(b) Notice and Wait Requirement After Fiscal Year 2028.--
Beginning on October 1, 2028, the Secretary of Defense may
not reduce the support described under subsection (a), or
transfer responsibility for such support to an interagency
partner, until 30 days after the date on which the Secretary
submits to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives written notice of the proposed change, and
reasons for the change.
SEC. 516. INCLUSION OF UNITED STATES NAVAL SEA CADET CORPS
AMONG YOUTH AND CHARITABLE ORGANIZATIONS
AUTHORIZED TO RECEIVE ASSISTANCE FROM THE
NATIONAL GUARD.
Section 508(d) of title 32, United States Code, is
amended--
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following new
paragraph:
``(14) The United States Naval Sea Cadet Corps.``.
Subtitle C--General Service Authorities and Military Records
SEC. 521. MODERNIZATION OF THE SELECTIVE SERVICE SYSTEM.
(a) Reference.--Except as expressly provided otherwise, any
reference in this section to a section or other provision
shall be deemed to be a reference to that section or other
provision of the Military Selective Service Act (50 U.S.C.
3801 et seq.).
(b) Purpose of Selective Service.--Subsection (b) of
section 1 (50 U.S.C. 3801) is amended to read as follows:
``(b) The Congress declares that the security of the Nation
requires that adequate military strength be achieved and
maintained by ensuring a requisite number of personnel with
the necessary capabilities to meet the diverse mobilization
needs of the Department of Defense during a time of war.``.
(c) Solemnity of Military Service.--Section 3 (50 U.S.C.
3802) is amended by adding at the end the following:
``(c) Regulations prescribed pursuant to subsection (a)
shall include methods to convey to every person required to
register the solemn obligation for military service if called
into training or service under this Act.``.
(d) Expanded Registration to All Americans.--
(1) Section 3(a) (50 U.S.C. 3802(a)) is amended--
(A) by striking ``male citizen`` and inserting ``citizen``;
(B) by striking ``male person`` and inserting ``person``;
(C) by striking ``present himself`` and inserting
``appear``; and
(D) by striking ``so long as he`` and inserting ``so long
as such alien``.
(2) Section 4(e) (50 U.S.C. 3803(e)) is amended by striking
``enlisted men`` and inserting ``enlisted persons``.
(3) Section 5 (50 U.S.C. 3805) is amended--
(A) in subsection (a)(1)--
(i) by striking ``on account of race or color`` and
inserting ``on any basis set forth in section 703(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2002e-2(a))``; and
(ii) by striking ``call for men`` and inserting ``call for
persons``; and
(B) in subsection (b), by striking ``men`` each place it
appears and inserting ``persons``.
(4) Section 6 (50 U.S.C. 3806) is amended--
(A) in subsection (a)(1)--
(i) by striking ``enlisted men`` and inserting ``enlisted
persons``; and
(ii) by striking ``accrue to him`` and inserting ``accrue
to such alien``; and
(B) in subsection (h)--
(i) by striking ``(other than wives alone, except in cases
of extreme hardship)``; and
(ii) by striking ``wives and children`` and inserting
``spouses and children``.
(5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended by
striking ``the President is requested`` and all that follows
through ``race or national origin`` and inserting ``the
President is requested to appoint the membership of each
local board so that each board has both male and female
members and, to the maximum extent practicable, it is
proportionately representative of those registrants within
its jurisdiction in each applicable basis set forth in
section 703(a) of the Civil Rights Act of 1964 (42 U.S.C.
2002e-2(a)), but no action by any board shall be declared
invalid on the ground that such board failed to conform to
such representation quota``.
(6) Section 16(a) (50 U.S.C. 3814(a)) is amended by
striking ``men`` and inserting ``persons``.
(e) Maintaining the Health of the Selective Service
System.--Section 10(a) (50 U.S.C. 3809(a)) is amended by
adding at the end the following new paragraph:
``(5) The Selective Service System shall conduct exercises
periodically of all mobilization plans, systems, and
processes to evaluate and test the effectiveness of such
plans, systems, and processes. Once every 4 years, the
exercise shall include the full range of internal and
interagency procedures to ensure functionality and
interoperability and may take place as part of the Department
of Defense mobilization exercise under section 10208 of title
10, United States Code. The Selective Service System shall
conduct a public awareness campaign in conjunction
[[Page S6095]]
with each exercise to communicate the purpose of the exercise
to the public.``.
(f) Technical and Conforming Amendments.--The Military
Selective Service Act is amended--
(1) in section 4 (50 U.S.C. 3803)--
(A) in subsection (a) in the third undesignated paragraph--
(i) by striking ``his acceptability in all respects,
including his`` and inserting ``such person`s acceptability
in all respects, including such person`s``; and
(ii) by striking ``he may prescribe`` and inserting ``the
President may prescribe``;
(B) in subsection (c)--
(i) in paragraph (2), by striking ``any enlisted member``
and inserting ``any person who is an enlisted member``; and
(ii) in paragraphs (3), (4), and (5), by striking ``in
which he resides`` and inserting ``in which such person
resides``;
(C) in subsection (g), by striking ``coordinate with him``
and inserting ``coordinate with the Director``; and
(D) in subsection (k)(1), by striking ``finding by him``
and inserting ``finding by the President``;
(2) in section 5(d) (50 U.S.C. 3805(d)), by striking ``he
may prescribe`` and inserting ``the President may
prescribe``;
(3) in section 6 (50 U.S.C. 3806)--
(A) in subsection (c)(2)(D), by striking ``he may
prescribe`` and inserting ``the President may prescribe``;
(B) in subsection (d)(3), by striking ``he may deem
appropriate`` and inserting ``the President considers
appropriate``; and
(C) in subsection (h), by striking ``he may prescribe``
each place it appears and inserting ``the President may
prescribe``;
(4) in section 10 (50 U.S.C. 3809)--
(A) in subsection (b)--
(i) in paragraph (3)--
(I) by striking ``He shall create`` and inserting ``The
President shall create``; and
(II) by striking ``upon his own motion`` and inserting
``upon the President`s own motion``;
(ii) in paragraph (4), by striking ``his status`` and
inserting ``such individual`s status``; and
(iii) in paragraphs (4), (6), (8), and (9), by striking
``he may deem`` each place it appears and inserting ``the
President considers``; and
(B) in subsection (c), by striking ``vested in him`` and
inserting ``vested in the President``;
(5) in section 13(b) (50 U.S.C. 3812(b)), by striking
``regulation if he`` and inserting ``regulation if the
President``;
(6) in section 15 (50 U.S.C. 3813)--
(A) in subsection (b), by striking ``his`` each place it
appears and inserting ``the registrant`s``; and
(B) in subsection (d), by striking ``he may deem`` and
inserting ``the President considers``;
(7) in section (16)(g) (50 U.S.C. 3814(g))--
(A) in paragraph (1), by striking ``who as his regular and
customary vocation`` and inserting ``who, as such person`s
regular and customary vocation,``; and
(B) in paragraph (2)--
(i) by striking ``one who as his customary vocation`` and
inserting ``a person who, as such person`s customary
vocation,``; and
(ii) by striking ``he is a member`` and inserting ``such
person is a member``;
(8) in section (18)(a) (50 U.S.C. 3816(a)), by striking
``he is authorized`` and inserting ``the President is
authorized``;
(9) in section 21 (50 U.S.C. 3819)--
(A) by striking ``he is sooner`` and inserting ``sooner``;
(B) by striking ``he`` each subsequent place it appears and
inserting ``such member``; and
(C) by striking ``his consent`` and inserting ``such
member`s consent``;
(10) in section 22(b) (50 U.S.C. 3820(b)), in paragraphs
(1) and (2), by striking ``his`` each place it appears and
inserting ``the registrant`s``; and
(11) except as otherwise provided in this section--
(A) by striking ``he`` each place it appears and inserting
``such person``;
(B) by striking ``his`` each place it appears and inserting
``such person`s``;
(C) by striking ``him`` each place it appears and inserting
``such person``; and
(D) by striking ``present himself`` each place it appears
in section 12 (50 U.S.C. 3811) and inserting ``appear``.
(g) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
except that the amendments made by subsection (d) shall take
effect 1 year after such date of enactment.
SEC. 522. PROHIBITION ON INDUCTION UNDER THE MILITARY
SELECTIVE SERVICE ACT WITHOUT EXPRESS
AUTHORIZATION.
Section 9 of the Military Selective Service Act (50 U.S.C.
3809) is amended by adding at the end the following new
subsection:
``(i) No person shall be inducted for training and service
in the Armed Forces under this title unless Congress first
passes and there is enacted a law expressly authorizing such
induction into service.``.
SEC. 523. EXTENSION OF TEMPORARY AUTHORITY FOR TARGETED
RECRUITMENT INCENTIVES.
Section 522(h) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 503) is
amended--
(1) by striking the semicolon and inserting a comma; and
(2) by striking ``2020`` and inserting ``2025``.
SEC. 524. HOME LEAVE DEMONSTRATION PROGRAM.
(a) In General.--During the period specified in subsection
(f), the Secretary of a military department may reimburse an
eligible member of the armed forces for the cost of airfare
for that member to travel to the home of record of the
member.
(b) Eligible Members.--A member of the armed forces is
eligible for a reimbursement under subsection (a) with
respect to travel described in that subsection if--
(1) the member--
(A) is assigned to a duty location in Alaska; and
(B) as of any date during the period specified in
subsection (f), has been assigned to a duty location in
Alaska for a period of one year or more;
(2) after an evaluation of the member by a mental health
provider, that provider recommends, in writing, that the
member use leave to which the member is entitled under
section 704 of title 10, United States Code, to travel away
from Alaska for the health and well-being of the member; and
(3) an officer with the grade of O-6 or higher in the chain
of command of the member authorizes the travel of the member.
(c) Treatment of Time as Leave.--The time during which a
member who receives a reimbursement under subsection (a) with
respect to travel described in that subsection is absent from
duty for such travel shall be treated as leave for purposes
of section 704 of title 10, United States Code.
(d) Authorized Destination.--Reimbursement under subsection
(a) is authorized only for the cost of airfare for a member
to travel to the home of record of the member. If a member
travels to any other location pursuant to an authorization
under subsection (b), the amount the member is reimbursed
under subsection (a) may not exceed the cost the member would
have incurred for airfare if the member had traveled to the
home of record of the member.
(e) Briefing Required.--Not later than February 1, 2024,
the Secretary shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the use and effectiveness of reimbursements
authorized by subsection (a).
(f) Period Specified.--The period specified in this
subsection is the period--
(1) beginning on the date of the enactment of this Act; and
(2) ending on December 31, 2023.
(g) Mental Health Provider Defined.--In this section, the
term ``mental health provider`` means--
(1) a health care provider of the Department of the Defense
at a facility of the Department; or
(2) a non-Departmental health care provider (as defined in
section 717 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat 868; 10 U.S.C.
1073 note)).
SEC. 525. PROHIBITION ON CONSIDERING STATE LAWS AND
REGULATIONS WHEN DETERMINING INDIVIDUAL DUTY
ASSIGNMENTS.
The Secretary of Defense may not use 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.
SEC. 526. MODIFICATION TO LIMITATIONS ON DISCHARGE OR RELEASE
FROM ACTIVE DUTY.
Section 1168(a) of title 10, United States Code, is amended
by striking ``A member of an armed force`` and inserting ``A
member of an active or reserve component of an armed force``.
SEC. 527. SEX-NEUTRAL HIGH FITNESS STANDARDS FOR ARMY COMBAT
MILITARY OCCUPATIONAL SPECIALTIES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Army shall--
(1) establish sex-neutral fitness standards for combat
Military Occupational Specialties (MOSs) that are higher than
those for non-combat MOSs; and
(2) provide a briefing to the Committee on Armed Services
of the Senate and the Committee on Armed Service of the House
of Representatives describing--
(A) the list of combat MOSs established for purposes of
paragraph (1); and
(B) the methodology used to determine whether to include a
MOS on such list.
Subtitle D--Military Justice and Other Legal Matters
SEC. 541. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION OF MILITARY JUSTICE REFORM.
(a) Briefing and Report Required.--
(1) Briefing.--Not later than March 1, 2023, and no less
frequently than once every 180 days thereafter through
December 31, 2024, each Secretary concerned shall provide to
the appropriate congressional committees a briefing that
details the resourcing necessary to implement subtitle D of
title V of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) and the amendments made by that
subtitle.
(2) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit
to the appropriate congressional committees a report that
details the resourcing necessary to implement subtitle D of
title V of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) and the amendments made by that
subtitle.
[[Page S6096]]
(3) Form of briefing and report.--The Secretaries concerned
may provide the briefings and report required under
paragraphs (1) and (2) jointly, or separately, as determined
appropriate by such Secretaries.
(b) Elements.--The briefing and report required under
subsection (a) shall address the following:
(1) The number of personnel and personnel authorizations
(military and civilian) required by the Armed Forces to
implement and execute the provisions of subtitle D of title V
of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) and the amendments made by that
subtitle.
(2) The basis for the numbers provided pursuant to
paragraph (1), including the following:
(A) A description of the organizational structure in which
such personnel or groups of personnel are or will be aligned.
(B) The nature of the duties and functions to be performed
by any such personnel or groups of personnel across the
domains of policy-making, execution, assessment, and
oversight.
(C) The optimum caseload goal assigned to the following
categories of personnel who are or will participate in the
military justice process: criminal investigators of different
levels and expertise, laboratory personnel, defense counsel,
special trial counsel, military defense counsel, military
judges, military magistrates, and paralegals.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed Force
concerned.
(3) The nature and scope of any contract required by the
Armed Force concerned to implement and execute the provisions
of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81)
and the amendments made by that subtitle.
(4) The amount and types of additional funding required by
the Armed Force concerned to implement the provisions of
subtitle D of title V of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) and the
amendments made by that subtitle.
(5) Any additional authorities required to implement the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81)
and the amendments made by that subtitle.
(6) Any additional information the Secretary concerned
determines is necessary to ensure the manning, equipping, and
resourcing of the Armed Forces to implement and execute the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81)
and the amendments made by that subtitle.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees`` means--
(A) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.
(2) Secretary concerned.--The term ``Secretary concerned``
has the meaning given that term in section 101(a) of title
10, United States Code.
SEC. 542. RANDOMIZATION OF COURT-MARTIAL PANELS.
(a) In General.--Section 825(e) of title 10, United States
Code (article 25(e) of the Uniform Code of Military Justice),
is amended by adding at the end the following new paragraph:
``(4) When convening a court-martial, the convening
authority shall detail as members thereof members of the
armed forces under such regulations as the President may
prescribe for the randomized selection of qualified
personnel, to the maximum extent practicable.``.
(b) Regulations.--Not later than 2 years after the date of
the enactment of this Act, the President shall prescribe
regulations implementing the requirement under paragraph (4)
of section 825(e) of title 10, United States Code (article
25(e) of the Uniform Code of Military Justice), as added by
subsection (a).
SEC. 543. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(a) Definition of Covered Offense.--
(1) In general.--Paragraph (17)(A) of section 801 of title
10, United States Code (article 1 of the Uniform Code of
Military Justice), as added by section 533 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1695), is amended--
(A) by striking ``section 920 (article 120)`` and inserting
``section 919a (article 119a), section 919b (article 119b),
section 920 (article 120), section 920a (article 120a)``; and
(B) by striking ``the standalone offense of child
pornography`` and inserting ``the standalone offenses of
child pornography, indecent conduct, indecent language to a
child under the age of 16, and pandering and prostitution``.
(2) Effective date.--The amendments made by paragraph (1)
shall--
(A) take effect on the date that is two years after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81); and
(B) apply with respect to any offenses that occur after
that date.
(b) Residual Prosecutorial Duties and Other Judicial
Functions of Convening Authorities in Covered Cases.--The
President shall prescribe regulations to ensure that residual
prosecutorial duties and other judicial functions of
convening authorities, including but not limited to granting
immunity, ordering depositions, and hiring experts, with
respect to charges and specifications over which a special
trial counsel exercises authority pursuant to section 824a of
title 10, United States Code (article 24a of the Uniform Code
of Military Justice), are transferred to the military judge,
the special trial counsel, or other authority as appropriate
in such cases by no later than the effective date established
in section 539C of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 801 note), in
consideration of due process for all parties involved in such
a case.
(c) Amendment to the Rules for Courts-Martial.--The
President shall prescribe in regulation such modifications to
Rule 813 of the Rules for Courts-Martial and other Rules as
appropriate to ensure that at the beginning of each court-
martial convened, the presentation of orders does not in open
court specify the name, rank, or position of the convening
authority convening such court, unless such convening
authority is the Secretary concerned, the Secretary of
Defense, or the President.
(d) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the progress of the
Department of Defense in implementing this section, including
an identification of--
(1) the duties to be transferred under subsection (b);
(2) the positions to which those duties will be
transferred; and
(3) any provisions of law or Rules for Courts Martial that
must be amended or modified to fully complete the transfer.
(e) Additional Reporting Relative to Implementation of
Subtitle D of Title V of the National Defense Authorization
Act for Fiscal Year 2022.--Not later than February 1, 2025,
and annually thereafter for five years, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report
assessing the holistic effect of the reforms contained in
subtitle D of title V of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) on the military
justice system. The report shall include the following
elements:
(1) An overall assessment of the effect such reforms have
had on the military justice system and the maintenance of
good order and discipline in the ranks.
(2) The percentage of caseload and courts-martial assessed
as meeting, or having been assessed as potentially meeting,
the definition of ``covered offense``, disaggregated by
offense and military service where possible.
(3) An assessment of prevalence and data concerning
disposition of cases by commanders after declination of
prosecution by special trial counsel, disaggregated by
offense and military service when possible.
(4) Assessment of the effect, if any, the reforms contained
in such subtitle have had on non-judicial punishment
concerning covered and non-covered offenses.
(5) A description of the resources and personnel required
to maintain and execute the reforms made by such subtitle
during the reporting period relative to fiscal year 2022.
(6) A description of any other factors or matters
considered by the Secretary to be important to a holistic
assessment of these reforms on the military justice system.
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.
(a) Jurisdiction.--Section 866 of title 10, United States
Code (article 66 of the Uniform Code of Military Justice), is
amended--
(1) in subsection (b)(1), by striking ``shall have
jurisdiction over`` and all that follows through the period
at the end of subparagraph (D) and inserting the following:
``shall have jurisdiction over--
``(A) a timely appeal from the judgment of a court-martial,
entered into the record under section 860c(a) of this title
(article 60c(a)), that includes a finding of guilty; and
``(B) a summary court-martial case in which the accused
filed an application for review with the Court under section
869(d)(1)(B) of this title (article 69(d)(1)(B)) and for
which the application has been granted by the Court.``; and
(2) in subsection (c), by striking ``is timely if`` and all
that follows through the period at the end of paragraph (2)
and inserting the following: ``is timely if--
``(1) in the case of an appeal under subparagraph (A) of
such subsection, it is filed before the later of--
``(A) the end of the 90-day period beginning on the date
the accused is provided notice of appellate rights under
section 865(c) of this title (article 65(c)); and
``(B) the date set by the Court of Criminal Appeals by rule
or order; and
``(2) in the case of an appeal under subparagraph (B) of
such subsection, an application for review with the Court is
filed not later than the earlier of the dates established
under section 869(d)(2)(B) of this title (article
69(d)(2)(B)).``.
(b) Review by Judge Advocate General.--Section 869 of title
10, United States Code (article 69 of the Uniform Code of
Military Justice) is amended--
(1) by amending subsection (a) to read as follows:
[[Page S6097]]
``(a) In General.--Upon application by the accused or
receipt of the record pursuant to section 864(c)(3) of this
title (article 64(c)(3)) and subject to subsections (b), (c),
and (d), the Judge Advocate General may--
``(1) with respect to a summary court-martial, modify or
set aside, in whole or in part, the findings and sentence; or
``(2) with respect to a general or special court-martial,
order such court-martial to be reviewed under section 866 of
this title (article 66).``; and
(2) in subsection (b)--
(A) by inserting ``(1)`` before ``To qualify``; and
(B) by striking ``not later than one year after`` and all
that follows through the period at the end and inserting the
following: ``not later than--
``(A) for a summary court-martial, one year after the date
of completion of review under section 864 of this title
(article 64); or
``(B) for a general or special court-martial, one year
after the end of the 90-day period beginning on the date the
accused is provided notice of appellate rights under section
865(c) of this title (article 65(c)), unless the accused
submitted a waiver or withdrawal of appellate review under
section 861 of this title (article 61) before being provided
notice of appellate rights, in which case the application
must be submitted to the Judge Advocate General not later
than one year after the entry of judgment under section 860c
of this title (article 60c).
``(2) The Judge Advocate General may, for good cause shown,
extend the period for submission of an application, but may
not consider an application submitted more than three years
after the completion date referred to in paragraph (1)(A).``;
(3) in subsection (c)--
(A) in paragraph (1)(A), by striking ``section 864 or
865(b) of this title (article 64 or 65(b))`` and inserting
``section 864 of this title (article 64)``; and
(B) in paragraph (2), by striking ``the Judge Advocate
General shall order appropriate corrective action under rules
prescribed by the President`` and inserting ``the Judge
Advocate General shall send the case to the Court of Criminal
Appeals``; and
(4) in subsection (d)(1), by striking ``under subsection
(c)--`` and all that follows through ``(B) in a case
submitted`` and inserting ``under subsection (c)(1) in a case
submitted``.
(c) Waiver of Right to Appeal; Withdrawal of Appeal.--
Section 861(d) of title 10, United States Code (article 61(d)
of the Uniform Code of Military Justice), is amended by
striking ``A waiver`` and inserting ``Except as provided by
section 869(c)(2) of this title (article 69(c)(2)), a
waiver``.
SEC. 545. SPECIAL TRIAL COUNSEL.
(a) Technical Corrections.--Section 824a(c)(3) of title 10,
United States Code (article 24A(c)(3) of the Uniform Code of
Military Justice), is amended--
(1) by striking ``Subject to paragraph (4)`` and inserting
``Subject to paragraph (5)``; and
(2) in subparagraph (D), by striking ``an ordered
rehearing`` and inserting ``an authorized rehearing``.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect immediately after the coming into effect of
the amendments made by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) as
provided in section 539C of that Act.
SEC. 546. EXCLUSION OF OFFICERS SERVING AS LEAD SPECIAL TRIAL
COUNSEL FROM LIMITATIONS ON AUTHORIZED
STRENGTHS FOR GENERAL AND FLAG OFFICERS.
During the two-year period beginning on the date of the
enactment of this Act, the limitations in section 526a(a) of
title 10, United States Code, shall not apply to a general or
flag officer serving in the position of lead special trial
counsel pursuant to an appointment under section 1044f(a)(2)
of such title.
SEC. 547. SPECIAL TRIAL COUNSEL OF DEPARTMENT OF THE AIR
FORCE.
(a) In General.--Section 1044f of title 10, United States
Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``The policies shall`` and inserting
``Subject to subsection (c), the policies shall``;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Special Trial Counsel of Department of the Air
Force.--In establishing policies under subsection (a), the
Secretary of Defense shall--
``(1) in lieu of providing for separate offices for the Air
Force and Space Force under subsection (a)(1), provide for
the establishment of a single dedicated office from which
office the activities of the special trial counsel of the
Department of the Air Force shall be supervised and overseen;
and
``(2) in lieu of providing for separate lead special trial
counsels for the Air Force and Space Force under subsection
(a)(2), provide for the appointment of one lead special trial
counsel who shall be responsible for the overall supervision
and oversight of the activities of the special trial counsel
of the Department of the Air Force.``.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect immediately after the coming into effect of
the amendments made by section 532 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1694) as provided in section 539C of such Act (10
U.S.C. 801 note).
SEC. 548. RESTRICTED REPORTING OPTION FOR DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES CHOOSING TO REPORT
EXPERIENCING ADULT SEXUAL ASSAULT.
(a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1599j. Restricted reports of incidents of adult sexual
assault
``(a) Restricted Reports.--The Secretary of Defense may
provide a civilian employee of the Department of Defense an
opportunity to submit to an individual described in
subsection (d) a restricted report of an alleged incident of
adult sexual assault for the purpose of assisting the
employee in obtaining information and access to authorized
victim support services provided by the Department.
``(b) Restrictions on Disclosures and Initiating
Investigations.--Unless the Secretary determines that a
disclosure is necessary to prevent or mitigate a serious and
imminent safety threat to the employee submitting the report
or to another person, a restricted report submitted pursuant
to subsection (a) shall not--
``(1) be disclosed to the supervisor of the employee or any
other management official; or
``(2) cause the initiation of a Federal civil or criminal
investigation.
``(c) Duties Under Other Laws.--The receipt of a restricted
report submitted under subsection (a) shall not be construed
as imputing actual or constructive knowledge of an alleged
incident of sexual assault to the Department of Defense for
any purpose.
``(d) Individuals Authorized to Receive Restricted
Reports.--An individual described in this subsection is an
individual who performs victim advocate duties under a
program for one or more of the following purposes (or any
other program designated by the Secretary):
``(1) Sexual assault prevention and response.
``(2) Victim advocacy.
``(3) Equal employment opportunity.
``(4) Workplace violence prevention and response.
``(5) Employee assistance.
``(6) Family advocacy.
``(e) Definitions.--In this section:
``(1) Civilian employee.--The term `civilian employee` has
the meaning given the term `employee` in section 2105 of
title 5.
``(2) Sexual assault.--The term `sexual assault` has the
meaning given that term in Article 120, Uniform Code of
Military Justice (10 U.S.C. 920), and includes penetrative
offenses and sexual contact offenses.``.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1599j. Restricted reports of incidents of adult sexual assault.
SEC. 549. 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.
(a) Expansion of Database.--Section 549B(b)(2)(A) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1787)
is amended--
(1) by striking ``problematic sexual behavior in children
and youth`` and inserting ``incidents``; and
(2) by striking ``, regardless of whether the alleged
offender was another child, an adult, or someone in a
noncaregiving role at the time of the incident``.
(b) Response Procedures for Incidents of Serious Harm to
Children.--Subsection (c) of such section is amended--
(1) in the subsection heading, by striking ``Reported to
Family Advocacy Programs``;
(2) by redesignating paragraph (1) as subparagraph (A) and
moving such subparagraph, as so redesignated, 2 ems to the
right;
(3) by inserting before subparagraph (A), as so
redesignated, the following:
``(1) Response groups.--``;
(4) by inserting after subparagraph (A), as so
redesignated, the following new subparagraph:
``(B) Serious harmful behaviors between children and youth
multidisciplinary team.--The Secretary of Defense shall
establish guidance for each Serious Harmful Behaviors Between
Children and Youth Multidisciplinary Team, as defined in
paragraph (8), on a military installation to address reported
incidents of serious harmful behaviors between children and
youth, as described in subsection (a)(2)(C).``;
(5) in paragraph (2)A)--
(A) by striking ``shall develop a standardized process by
which the Family Advocacy Programs`` and inserting the
following: ``shall develop standardized processes by which--
``(i) the Family Response Programs``;
(B) by inserting ``under subsection (a)(2)(A) and
(a)(2)(B)`` after ``reported covered incidents of serious
harm to children``; and
(C) by striking ``Incident Determination Committee.`` and
inserting the following: ``Incident Determination Committee;
and
``(ii) military departments screen incidents of serious
harmful behavior between children
[[Page S6098]]
and youth under subsection (a)(2)(C) to determine whether to
convene the Serious Harmful Behavior Between Children and
Youth Multidisciplinary Team.``;
(6) in paragraph (7), by inserting ``, as described in
subsection (a)(2)(A) and (a)(2)(B),`` after ``reported
incidents of child abuse``; and
(7) by adding at the end the following new paragraph:
``(8) Serious harmful behaviors between children and youth
multidisciplinary team defined.--In this subsection, the term
`Serious Harmful Behaviors Between Children and Youth
Multidisciplinary Team` means a coordinated community
response team on a military installation--
``(A) composed of designated members with the requisite
experience, qualifications, and skills to address serious
harmful behaviors between children and youth from a
developmentally appropriate and trauma-informed perspective;
and
``(B) with objectives that include development of
procedures for information sharing, collaborative and
coordinated response, restorative resolution, effective
investigations and assessments, evidence-based clinical
interventions and rehabilitation, and prevention of serious
harmful behavior between children and youth.``.
SEC. 550. PRIMARY PREVENTION.
(a) Annual Primary Prevention Research Agenda.--Section
549A(c) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) include a focus on whether and to what extent sub-
populations of the military community may be targeted for
interpersonal violence more than others;
``(3) seek to identify factors that influence the
prevention, perpetration, and victimization of interpersonal
and self-directed violence;
``(4) seek to improve the collection and dissemination of
data on hazing and bullying related to interpersonal and
self-directed violence;``; and
(3) in paragraph (6), as redesignated by paragraph (1) of
this section, by amending the text to read as follows:
``(6) incorporate collaboration with other Federal
departments and agencies, including the Department of Health
and Human Services and the Centers for Disease Control and
Prevention, State governments, academia, industry, Federally
funded research and development centers, nonprofit
organizations, and other organizations outside of the
Department of Defense, including civilian institutions that
conduct similar data-driven studies, collection, and
analysis; and``.
(b) Primary Prevention Workforce.--Section 549B of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(3) Comptroller general report.--Not later than one year
after the date of the enactment of this paragraph, the
Comptroller General of the United States shall 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
and agencies and including data collected by colleges and
universities and other relevant outside entities.``; and
(2) by adding at the end the following new subsection:
``(e) Incorporation of Research and Findings.--The Primary
Prevention Workforce established under subsection (a) shall,
on a regular basis, incorporate findings and conclusions from
the primary prevention research agenda established under
section 549A, as appropriate, into the work of the
workforce.``.
SEC. 551. DISSEMINATION OF CIVILIAN LEGAL SERVICES
INFORMATION.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall ensure, through the
Sexual Assault Prevention and Response Office, the
coordinated distribution and referral of information on the
availability of resources provided by civilian legal service
organizations to military-connected sexual assault victims.
Subtitle E--Member Education, Training, and Transition
SEC. 561. REVIEW OF CERTAIN SPECIAL OPERATIONS PERSONNEL
POLICIES.
(a) Review Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall require the military departments and the United States
Special Operations Command to complete a review and
appropriately update departmental guidance and processes
consistent with section 167(e)(2)(J) of title 10 , United
States Code, with respect to the authority of the Commander
of the United States Special Operations Command 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.
(b) Elements of Review.--The review and updates to
departmental guidance and processes required under subsection
(a) shall address the respective roles of the military
departments and the United States Special Operations Command
with respect to--
(1) the recruiting, retention, professional military
education, and promotion of special operations personnel;
(2) the sharing of personnel data between the military
departments and the United States Special Operations Command;
and
(3) any other matters the Secretary of Defense determines
necessary.
(c) Report Required.--Not later than 90 days after the
completion of the review and updates to departmental guidance
and processes required under subsection (a), the Secretary of
Defense shall submit to the congressional defense committees
a report on the review and any resulting updates to
departmental guidance and processes. The report shall also
include any recommended changes to law or resources deemed
appropriate by the Secretary.
SEC. 562. EXPANDED ELIGIBILITY TO PROVIDE JUNIOR RESERVE
OFFICERS` TRAINING CORPS (JROTC) INSTRUCTION.
Section 2031 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1) Instead of, or in addition to, detailing officers
and noncommissioned officers on active duty under subsection
(c)(1) and authorizing the employment of retired officers and
noncommissioned officers who are in receipt of retired pay
and members of the Fleet Reserve and Fleet Marine Corps
Reserve under subsections (d) and (e), the Secretary of the
military department concerned may authorize qualified
institutions to employ as administrators and instructors in
the program certain officers and noncommissioned officers
who--
``(A)(i) are separated under honorable conditions within
the past 5 years with at least 8 years of service, or
``(ii) are active participating members of the selected
reserve at the time of application, for purposes of section
101(d) of this title, and have not yet reached retirement
eligibility; and
``(B) are approved by the Secretary and the institution
concerned and who request such employment.
``(2) Employment under this subsection shall be subject to
the following conditions:
``(A) The Secretary concerned shall pay to the institution
an amount equal to one-half of the Department`s prescribed
JROTC Instructor Pay Scale amount paid to the member by the
institution for any period.
``(B) The Secretary concerned may pay to the institution
more than one-half of the amount paid to the member by the
institution if (as determined by the Secretary)--
``(i) the institution is in an educationally and
economically deprived area; and
``(ii) the Secretary determines that such action is in the
national interest.
``(C) Payments by the Secretary concerned under this
subsection shall be made from funds appropriated for that
purpose.
``(D) The Secretary concerned may require successful
applicants to transfer to the Individual Ready Reserve
(IRR).``.
SEC. 563. PRE-SERVICE EDUCATION DEMONSTRATION PROGRAM.
(a) Pre-service Education Demonstration Program
Authorized.--The Secretary of each military department may
establish and carry out a demonstration program to determine
the advisability and feasibility of paying all or a portion
of the charges of an education institution for the tuition of
an individual who is enrolled in such educational institution
for a technical or vocational degree, certificate, or
certification program to meet a critical need in that
military department.
(b) Eligibility.--The Secretary shall limit eligibility
under the program to individuals who meet the following
criteria:
(1) Must be between the age of 17 and 25.
(2) Must be a category I recruit.
(3) Must sign a written agreement consenting to the
requirements under subsection (c).
(c) Demonstration Program Requirements.--Under regulations
prescribed by the Secretary concerned, each demonstration
program created under this section shall adhere to the
following requirements:
(1) The educational program authorized under subsection (a)
may not exceed a period of 3 years.
(2) Funds may not be provided under the program to an
eligible individual unless the individual signs an enlistment
contract for active duty military service upon the completion
of the educational program for which the funds were provided.
(3) Individuals participating in the demonstration program
shall be evaluated annually to ensure continued eligibility
for military service.
(4) Individuals participating in the program shall be
required to enroll in an ongoing, pre-service course of
instruction in order to prepare such individuals for military
service and ensure their continued fitness and eligibility
for service. The course of instruction may be administered
either remotely or in-person, as the Secretary shall direct.
The pre-service instruction shall be concurrent with the
degree program authorized pursuant to subsection (a).
(5) Individuals who do not maintain eligibility for
military service may be required to repay any funds provided
by the Secretary concerned under this program, as the
Secretary shall direct.
(d) Report.--For any demonstration programs initiated under
this section, the Secretary concerned shall submit an annual
report to the Committees on Armed Services of
[[Page S6099]]
the Senate and the House of Representatives that includes--
(1) a description of the demonstration program;
(2) a statement of the goals or anticipated outcomes of the
demonstration program;
(3) a description of the method and metrics used to
evaluate the effectiveness of this demonstration program; and
(4) any other matters the Secretary concerned determines
relevant.
(e) Sunset.--The authority under this section expires on
October 1, 2028.
Subtitle F--Military Family Readiness and Dependents` Education
SEC. 571. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MILITARY AND
CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational
Agencies That Benefit Dependents of Members of the Armed
Forces and Department of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of
military dependent students.--Of the amount authorized to be
appropriated for fiscal year 2023 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$50,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(2) Local educational agency defined.--In this subsection,
the term ``local educational agency`` has the meaning given
that term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2023 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2023 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for use by the Secretary of
Defense to make payments to local educational agencies
determined by the Secretary to have higher concentrations of
military children with severe disabilities.
(3) Report.--Not later than March 31, 2023, the Secretary
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the Department`s
evaluation of each local educational agency with higher
concentrations of military children with severe disabilities
and subsequent determination of the amounts of impact aid
each such agency shall receive.
SEC. 572. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES WITH ENROLLMENT CHANGES DUE TO BASE
CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE
RELOCATIONS.
(a) Assistance Authorized.--To assist communities in making
adjustments resulting from changes in the size or location of
the Armed Forces, the Secretary of Defense shall provide
financial assistance to an eligible local educational agency
described in subsection (b) if, during the period between the
end of the school year preceding the fiscal year for which
the assistance is authorized and the beginning of the school
year immediately preceding that school year, the local
educational agency--
(1) had (as determined by the Secretary of Defense in
consultation with the Secretary of Education) an overall
increase or reduction of--
(A) not less than five percent in the average daily
attendance of military dependent students in the schools of
the local educational agency; or
(B) not less than 500 military dependent students in
average daily attendance in the schools of the local
educational agency; or
(2) is projected to have an overall increase, between
fiscal years 2023 and 2028, of not less than 500 military
dependent students in average daily attendance in the schools
of the local educational agency as the result of a signed
record of decision.
(b) Eligible Local Educational Agencies.--A local
educational agency is eligible for assistance under
subsection (a) for a fiscal year if--
(1) 20 percent or more of students enrolled in schools of
the local educational agency are military dependent students;
and
(2) in the case of assistance described in subsection
(a)(1), the overall increase or reduction in military
dependent students in schools of the local educational agency
is the result of one or more of the following:
(A) The global rebasing plan of the Department of Defense.
(B) The official creation or activation of one or more new
military units.
(C) The realignment of forces as a result of the base
closure process.
(D) A change in the number of housing units on a military
installation.
(E) A signed record of decision.
(c) Calculation of Amount of Assistance.--
(1) Pro rata distribution.--The amount of the assistance
provided under subsection (a) to a local educational agency
that is eligible for such assistance for a fiscal year shall
be equal to the product obtained by multiplying--
(A) the per-student rate determined under paragraph (2) for
that fiscal year; by
(B) the net of the overall increases and reductions in the
number of military dependent students in schools of the local
educational agency, as determined under subsection (a).
(2) Per-student rate.--For purposes of paragraph (1)(A),
the per-student rate for a fiscal year shall be equal to the
dollar amount obtained by dividing--
(A) the total amount of funds made available for that
fiscal year to provide assistance under subsection (a); by
(B) the sum of the overall increases and reductions in the
number of military dependent students in schools of all
eligible local educational agencies for that fiscal year
under that subsection.
(3) Maximum amount of assistance.--A local educational
agency may not receive more than $15,000,000 in assistance
under subsection (a) for any fiscal year.
(d) Duration.--Assistance may not be provided under
subsection (a) after September 30, 2028.
(e) Notification.--Not later than June 30, 2023, and June
30 of each fiscal year thereafter for which funds are made
available to carry out this section, the Secretary of Defense
shall notify each local educational agency that is eligible
for assistance under subsection (a) for that fiscal year of--
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which the local
educational agency is eligible.
(f) Disbursement of Funds.--The Secretary of Defense shall
disburse assistance made available under subsection (a) for a
fiscal year not later than 30 days after the date on which
notification to the eligible local educational agencies is
provided pursuant to subsection (e) for that fiscal year.
(g) Briefing Required.--Not later than March 1, 2023, the
Secretary of Defense shall brief the Committees on Armed
Services of the Senate and the House of Representatives on
the estimated cost of providing assistance to local
educational agencies under subsection (a) through September
30, 2028.
(h) Funding for Fiscal Year 2023.--Of the amount authorized
to be appropriated by this Act for operation and maintenance
for Defense-wide activities $15,000,000 shall be available
only for the purpose of providing assistance to local
educational agencies under subsection (a).
(i) Eligible Uses.--Amounts disbursed to a local education
agency under subsection (f) may be used by such local
educational agency for--
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(j) Definitions.--In this section:
(1) Base closure process.--The term ``base closure
process`` means any base closure and realignment process
conducted after the date of the enactment of this Act under
section 2687 of title 10, United States Code, or any other
similar law enacted after that date.
(2) Local educational agency.--The term ``local educational
agency`` has the meaning given that term in section 7013(9)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
(3) Military dependent students.--The term ``military
dependent students`` means--
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are
dependents of civilian employees of the Department of
Defense.
(4) State.--The term ``State`` means each of the 50 States
and the District of Columbia.
SEC. 573. PILOT PROGRAM ON HIRING OF SPECIAL EDUCATION
INCLUSION COORDINATORS FOR DEPARTMENT OF
DEFENSE CHILD DEVELOPMENT CENTERS.
(a) In General.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall carry
out a pilot program to hire special education inclusion
coordinators at child development centers selected by the
Secretary under subsection (b).
(b) Selection of Centers.--The Secretary of Defense shall
select the child development centers at which the pilot
program required by subsection (a) will be carried out based
on--
(1) the number of dependent children enrolled in the
Exceptional Family Member Program at the military
installation on which the center in located;
(2) the number of children with special needs enrolled in
the center; and
(3) such other considerations as the Secretary, in
consultation with the Secretaries of the military
departments, considers appropriate.
(c) Functions.--Each special education inclusion
coordinator assigned to a child development center under the
pilot program required by subsection (a) shall--
(1) coordinate intervention and inclusion services at the
center;
[[Page S6100]]
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the
increased complexity of working with the behaviors of
children with special needs.
(d) Briefings Required.--
(1) Briefing on anticipated costs.--Not later than March 1,
2023, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the anticipated costs for the
pilot program required by subsection (a).
(2) Briefing on effectiveness of program.--Not later than
September 30, 2025, the Secretary of Defense shall submit
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the pilot program
required by subsection (a) that includes--
(A) the number of special education inclusion coordinators
hired under the pilot program;
(B) a description of any issues relating to the retention
of those coordinators;
(C) a recommendation with respect to whether the pilot
program should be made permanent or expanded to other
military installations; and
(D) an assessment of the amount of funding required to make
the pilot program permanent or expand the pilot program to
other military installations, as the Secretary recommends
under subparagraph (C).
(e) Duration of Pilot Program.--The pilot program required
by subsection (a) shall--
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
(f) Child Development Center Defined.--In this section, the
term ``child development center`` has the meaning given that
term in section 2871(2) of title 10, United States Code, and
includes a facility identified as a child care center or day
care center.
SEC. 574. EXTENSION OF AND REPORT ON PILOT PROGRAM TO EXPAND
ELIGIBILITY FOR ENROLLMENT AT DOMESTIC
DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
(a) In General.--Section 589C(e) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 2164 note) is amended by
striking ``four years after the date of the enactment of this
Act`` and inserting ``on July 1, 2029``.
(b) Report Required.--
(1) In general.--Not later than December 31, 2028, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the conduct of the pilot program under section
589C(e) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 2164 note).
(2) Elements.--The report required by paragraph (1) shall
include a description of--
(A) the locations at which the pilot program described in
paragraph (1) is carried out;
(B) the number of students participating in the program for
each academic year by location; and
(C) the outcome measures used to gauge the value of the
program to the Department of Defense.
Subtitle G--Decorations and Awards, Miscellaneous Reports, and Other
Matters
SEC. 581. TEMPORARY EXEMPTION FROM END STRENGTH GRADE
RESTRICTIONS FOR THE SPACE FORCE.
Sections 517 and 523 of title 10, United States Code, shall
not apply to the Space Force until January 1, 2024.
SEC. 582. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE
DEVELOPMENT OF THE PROFESSIONAL MILITARY ETHIC
IN THE SPACE FORCE.
(a) Report Required.--Not later than June 1, 2023, the
Secretary of the Air Force shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on officer
personnel management and the development of the professional
military ethic in the Space Force.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A description of issues related to officer development
in the Space Force, including--
(A) the professional military education (PME) model for
professional education and continual learning of officers in
the Space Force;
(B) the career development model for officers in the Space
Force, including key knowledge, skills, and attributes
expected of Space Force officers at each of the company
grade, field grade, and general officer levels;
(C) desired career trajectories for Space Force officers,
including key assignments throughout identified Space Force
career tracks and how the flexibilities in the Space Force
Component proposal will be used to achieve these desired
career paths;
(D) how proposed constructive credit for civilian education
and non-military experience in related space industry or
government sectors will fit in with the proposed PME and
career development models; and
(E) how the Space Force Component proposal will enable
officers to achieve joint qualifications required for
promotion to general officer.
(2) A description of issues related to officer accessions
in the Space Force, including--
(A) the expected sources of commissioning for officers in
the Space Force, including the desired proportions of officer
assessments from the Reserve Officer Training Corps (ROTC),
Service Academies, Officer Training School (OTS), and direct
commissionees at each grade above second lieutenant;
(B) the role of proposed constructive credit for civilian
education and non-military experience in accessing officers
at each grade higher than second lieutenant and the extent to
which the Space Force plans to grant constructive credit in
determining an officer`s entry grade at each grade above
second lieutenant; and
(C) the role of targeted recruiting as described in the
Guardian Ideal in officer accessions, including how it will
work, how frequently it will be used, for what positions, and
how it will fit into overall officer accessions.
(3) A description of issues related to the professional
military ethic in the Space Force, including--
(A) how the proposed talent management system, career
development model, PME model, and proposed Space Force
Component structure will affect the development of a uniquely
military culture in the Space Force as a military service
with Space as a warfighting domain;
(B) the role of the professional military ethic in the
Space Force, including expectations of commissioned officers
as public servants and military leaders;
(C) the expected role of Space Force civilians in the
development and stewardship of the Space Force as a
professional military service and how those are distinct from
military members in the Space Force;
(D) the ethical implications of creating a force that is
designed to ``partner effectively with other space interested
entities,`` as described in the Guardian Ideal, and how the
Space Force intends to address any ethical conflicts arising
from its desired close partnership with non-military and non-
government entities in private industry; and
(E) the specific barriers between officers, enlisted, and
civilian guardians that are described as ``unnecessary`` in
the Guardian Ideal, how and why such barriers are unnecessary
for the Space Force, and any statutory or policy changes the
Space Force proposes to remove such barriers, including any
proposed changes to the Uniform Code of Military Justice.
(4) Any other issues related to personnel management and
professional development of officers in the Space Force that
the Secretary concerned determines relevant.
SEC. 583. REPORT ON INCIDENCE OF SUICIDE BY MILITARY JOB CODE
IN THE DEPARTMENT OF DEFENSE.
(a) Report.--Not later than December 31, 2023, the
Secretary of Defense shall conduct a review and submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
the rates of suicides in the Armed Forces, beginning after
September 11, 2001, disaggregated by year, military job code
(Air Force Specialty Code (AFSC), Army Military Occupational
Specialty (MOS), Navy Enlisted Classification (NEC)/Billet,
and Coast Guard Ratings), and status as active duty, guard,
and reserve (as applicable per service).
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A compilation of suicide data by military job code to
determine which military career fields have a higher per
capita suicide rate compared to--
(A) other military career fields for the same period;
(B) the overall suicide rate for each service for the same
period;
(C) the overall suicide rate for the Department of Defense
for the same period; and
(D) the national suicide rate for the same period.
(2) A disaggregation of suicide data by age categories
consistent with the Department of Defense Annual Suicide
Report age categories.
(c) Interim Briefing.--Not later than June 1, 2023, the
Secretary of Defense shall provide to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing on the preliminary
findings of the review conducted under this section.
SEC. 584. WAIVER OF TIME LIMITATIONS FOR ACT OF VALOR DURING
WORLD WAR II.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 7274 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President may award the Medal of Honor under
section 7271 of such title to Master Sergeant Roderick W.
Edmonds for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Master Sergeant Roderick
W. Edmonds on January 27, 1945, as a prisoner of war and
member of the Army serving in Germany in support of the
Battle of the Bulge, for which he has never been recognized
by the United States Army.
SEC. 585. AUTHORIZATION TO AWARD MEDAL OF HONOR TO SERGEANT
MAJOR DAVID R. HALBRUNER FOR ACTS OF VALOR IN
SUPPORT OF AN UNNAMED OPERATION IN 2012.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 7274 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to
[[Page S6101]]
persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to
Sergeant Major David R. Halbruner for the acts of valor
described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of then-Master Sergeant
Halbruner for his valorous actions on September 11-12, 2012,
in support of an unnamed operation.
SEC. 586. RECOGNITION OF SERVICE OF LIEUTENANT GENERAL FRANK
MAXWELL ANDREWS.
(a) Findings.--The Senate makes the following findings:
(1) Lieutenant General Frank Maxwell Andrews was born in
Nashville, Tennessee, in 1884, and graduated from the United
States Military Academy, West Point, in 1906, where he
received a commission in the cavalry.
(2) In 1917, Lieutenant General Andrews was transferred to
the aviation section of the Army Signal Corps, where he
commanded various airfields around the United States, serving
in a number of leadership positions, including--
(A) Commander of the Advanced Flying School at Kelly Field
in Texas;
(B) Commander of the 1st Pursuit Group at Selfridge Field
in Michigan; and
(C) Chief of the Army Air Corps` Training and Operations
Division.
(3) Following World War I, Lieutenant General Andrews
served as the Air Officer for the Army of Occupation in
Germany.
(4) In 1935, Lieutenant General Andrews was selected to
command the new General Headquarters Aviation, where he had
oversight of all Air Corps units and led the development of
the Army Air Force.
(5) In 1939, Lieutenant General Andrews was chosen as Army
G3, the Assistant Chief of Staff for Operations and Training,
making him responsible for preparing operational plans for
the entire Army for the impending war.
(6) During World War II, Lieutenant General Andrews led a
number of global critical commands, the only general to
command 3 theaters of operations during the war, serving as
commander of--
(A) the Caribbean Defense Command, which held
responsibility for defending the United States` southern
borders;
(B) all United States forces in the Middle East, where he
helped to defeat Rommel`s Afrika Corps; and
(C) all United States troops in the European Theater of
Operation, where he succeeded General Dwight D. Eisenhower
and oversaw plans for the future invasion of Western Europe.
(7) Lieutenant General Andrews was killed in an B-24 bomber
crash during an inspection tour of Iceland.
(8) A number of Lieutenant General Andrews` colleagues and
subordinates have been posthumously promoted to the rank of
four-star general for their contributions during World War
II.
(9) Lieutenant General Andrews was considered one of
General Douglas MacArthur`s ``great captains`` due to his
strong leadership capabilities, which empowered future
leaders to lead United States ground and air forces to
victory during World War II.
(10) Joint Base Andrews, a United States military base
previously known as Andrews Air Force Base, was named for
Lieutenant General Andrews on February 7, 1945, for his
leadership as commander of the Air Force General Headquarters
and Commanding General of the United States forces in the
European Theater of Operations.
(11) In addition to Joint Base Andrews, additional military
facilities and installations were named after Lieutenant
General Andrews for his contribution to the United States
forces, including--
(A) Royal Air Force (RAF) Andrews Field, a former RAF
station, in England;
(B) Andrews Avenue, a major road leading to the
Philippines` International Airport in Metro Manila,
Philippines; and
(C) Andrews Theater, a theater previously serving the Naval
Air Station Keflavik in Iceland.
(12) Lieutenant General Andrews is considered one of the
founders of the United States Army Air Forces, known today as
the United States Air Force, due to his efforts to pursue and
empower a separate and independent Air Force.
(13) Lieutenant General Andrews served honorably in the
United States military for over 37 years.
(14) Lieutenant General Andrews is considered one of the
United States` key military commanders of World War II.
(b) Recognition of Service.--The Senate honors and
recognizes Lieutenant General Frank Maxwell Andrews for--
(1) his 37 years of loyal service to the United States Army
and Army Air Corps;
(2) his heroic leadership during World War I and World War
II; and
(3) his lasting legacy and selfless sacrifice on behalf of
the United States.
SEC. 587. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT TO GRADE
OF GENERAL OF THE ARMIES OF THE UNITED STATES.
The President is authorized to appoint Ulysses S. Grant
posthumously to the grade of General of the Armies of the
United States equivalent to the rank and precedence held by
General John J. Pershing pursuant to the Act entitled ``An
Act Relating to the creation of the office of General of the
Armies of the United States``, approved September 3, 1919 (41
Stat. 283, chapter 56).
SEC. 588. MODIFICATION TO NOTIFICATION ON MANNING OF AFLOAT
NAVAL FORCES.
(a) Crewing Requirement.--Subsection (e) of section 597 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 8013 note) is amended to read
as follows:
``(e) Surface Combatant Crewing Requirement.--Beginning
October 1, 2025, the Secretary of the Navy may not assign
more than one crew to a covered surface combatant vessel if
any surface combatant vessel is included on a report required
under subsection (a) in the most recent 12 months.``.
(b) Surface Combatant Vessel Definition.--Subsection (d) of
such section is amended by adding at the end the following
new paragraph:
``(4) Surface combatant vessel.--The term `surface
combatant vessel` means any littoral combat ship (including
the LCS-1 and LCS-2 classes), frigate (including the FFG-62
class), destroyer (including the DDG-51 and DDG-1000
classes), or cruiser (including the CG-47 class).``.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. TEMPORARY CONTINUATION OF BASIC ALLOWANCE FOR
HOUSING FOR MEMBERS WHOSE SOLE DEPENDENT DIES
WHILE RESIDING WITH THE MEMBER.
(a) In General.--Section 403 of title 37, United States
Code, is amended--
(1) by redesignating subsections (m) through (p) as
subsections (n) through (q), respectively; and
(2) by inserting after subsection (l) the following new
subsection (m):
``(m) Temporary Continuation of Allowance for Members Whose
Sole Dependent Dies While Residing With the Member.--(1)
Notwithstanding subsection (a)(2) or any other provision of
law, the Secretary of Defense, or the Secretary of Homeland
Security in the case of the Coast Guard when not operating as
a service in the Navy, may continue to pay to a member
described in paragraph (2) for the period described in
paragraph (3) a basic allowance for housing at the rate to
which the member was entitled on the day before the date of
the death of the dependent of the member.
``(2) A member described in this paragraph is a member of
the uniformed services whose sole dependent dies while--
``(A) the member is on active duty; and
``(B) the dependent resides with the member, unless
separated--
``(i) by the necessity of military service;
``(ii) to receive institutional care as a result of
disability or incapacitation; or
``(iii) under such other circumstances as the Secretary
concerned may by regulation prescribe.
``(3)(A) Except as provided by subparagraph (B), the period
described in this paragraph is the 365-day period beginning
on the date of the death of the dependent of a member
described in paragraph (2).
``(B) A member described in paragraph (2) who receives,
during the 365-day period described in subparagraph (A), an
order for a permanent change of station or permanent change
of assignment with movement of personal property and
household goods authorized under section 453(c) may not
continue to receive a basic allowance for housing at the rate
provided for under paragraph (1) after the permanent change
of station or permanent change of assignment.``.
(b) Conforming Amendment.--Section 2881a(c)(1) of title 10,
United States Code, is amended by striking ``section 403(n)``
and inserting ``section 403(o)``.
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT
DEPENDENTS WHEN HOME PORT CHANGE WOULD
FINANCIALLY DISADVANTAGE MEMBER.
Subsection (p) of section 403 of title 37, United States
Code, as redesignated by section 601(a)(1), is further
amended--
(1) in the subsection heading, by striking ``Low-cost and
No-cost`` and inserting ``Certain``;
(2) by inserting ``(1)`` before ``In the case of a member
who is assigned``; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a member without dependents who is
assigned to a unit that undergoes a change of home port or a
change of permanent duty station, if the Secretary concerned
determines that it would be inequitable to base the member`s
entitlement to, and amount of, a basic allowance for housing
on the new home port or permanent duty station, the Secretary
concerned may--
``(i) waive the requirement to base the member`s
entitlement to, and amount of, a basic allowance for housing
on the new home port or permanent duty station member; and
``(ii) treat that member for the purposes of this section
as if the unit to which the member is assigned did not
undergo such a change.
``(B) The Secretary concerned may grant a waiver under
subparagraph (A) to not more than 100 members in a calendar
year.
``(C) Not later than March 1 of each calendar year, the
Secretary concerned shall provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives on the use of the authority provided by
subparagraph (A) during the preceding calendar year that
includes--
``(i) the number of members granted a waiver under
subparagraph (A) during that year; and
[[Page S6102]]
``(ii) for each such waiver, an identification of--
``(I) the grade of the member;
``(II) the home port or permanent duty station of the unit
to which the member is assigned before the change described
in subparagraph (A); and
``(III) the new home port or permanent duty station of that
unit.
``(D) This paragraph shall cease to be effective on
December 31, 2027.``.
SEC. 603. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC
ALLOWANCE FOR HOUSING IN CERTAIN AREAS.
Section 403(b)(8)(C) of title 37, United States Code, is
amended by striking ``2022`` and inserting ``2024``.
SEC. 604. INCREASE IN INCOME FOR PURPOSES OF ELIGIBILITY FOR
BASIC NEEDS ALLOWANCE.
(a) In General.--Section 402b(b) of title 37, United States
Code, is amended by striking ``130 percent`` both places it
appears and inserting ``150 percent``.
(b) Implementation.--Not later than January 1, 2024, the
Secretary concerned (as defined in section 101 of title 37,
United States Code) shall modify the calculation of the basic
needs allowance under section 402b of title 37, United States
Code, to implement the amendment made by subsection (a).
SEC. 605. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO
TRAVEL AND TRANSPORTATION AUTHORITIES.
(a) Balanced Budget and Emergency Deficit Control Act of
1985.--Section 256(g)(2)(B)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
906(g)(2)(B)(ii)) is amended by striking ``sections 403a and
475`` and inserting ``sections 403b and 405``.
(b) Title 5.--Title 5, United States Code, is amended--
(1) in section 4109(a)(2)--
(A) in subparagraph (A), by striking ``sections 474 and
475`` and inserting ``sections 405 and 452``; and
(B) in subparagraph (B), by striking ``sections 476 and
479`` and inserting ``sections 452 and 453(c)``;
(2) in section 5725(c)(2)(B), by striking ``section
476(b)(1)(H)(iii)`` and inserting ``subsections (c) and (d)
of section 453``; and
(3) in section 5760--
(A) in subsection (c), by striking ``section 481h(b)`` and
inserting ``section 451(a)``; and
(B) in subsection (d)--
(i) in paragraph (2), by striking ``section 474(d)`` and
inserting ``section 464``; and
(ii) in paragraph (3), by striking ``section 481h(d)(1)``
and inserting ``section 452(d)``.
(c) Title 10.--Title 10, United States Code, is amended--
(1) in section 710--
(A) in subsection (f)(4)(A), in the matter preceding clause
(i), by striking ``section 474`` and inserting ``section
452``; and
(B) in subsection (h)(4), by striking ``section 481f`` and
inserting ``section 453(f)``;
(2) in section 1174a(b)(2)(B), by striking ``sections 474
and 476`` and inserting ``sections 452 and 453(c)``;
(3) in section 1175(j), by striking ``sections 474 and
476`` and inserting ``sections 452 and 453(c)``;
(4) in section 1175a(e)(2)(B), by striking ``sections 474
and 476`` and inserting ``sections 452 and 453(c)``;
(5) in section 1491(d)(3), by striking ``section
495(a)(2)`` and inserting ``section 435(a)(2)``;
(6) in section 2013(b)(2)--
(A) in subparagraph (A), by striking ``sections 474 and
475`` and inserting ``sections 405 and 452``; and
(B) in subparagraph (B), by striking ``sections 476 and
479`` and inserting ``sections 452 and 453(c)``;
(7) in section 2493(a)(4)(B)(ii), by striking ``section
481f(d)`` and inserting ``section 453(f)``;
(8) in section 2613(g), by striking ``section 481h(b)`` and
inserting ``section 451(a)``; and
(9) in section 12503--
(A) in subsection (a), in the second sentence, by striking
``sections 206 and 495`` and inserting ``sections 206 and
435``;
(B) in subsection (b)(2)(A), by striking ``section 495``
and inserting ``section 435``; and
(C) in subsection (c), by striking ``chapter 7`` and
inserting ``section 452``.
(d) Title 14.--Section 2764 of title 14, United States
Code, is amended, in the first and third sentences, by
striking ``subsection (b) of section 476`` and inserting
``section 453(c)``.
(e) Title 32.--Section 115 of title 32, United States Code,
is amended--
(1) in subsection (a), in the third sentence, by striking
``sections 206 and 495`` and inserting ``sections 206 and
435``;
(2) in subsection (b)(2)(A), by striking ``section 495``
and inserting ``section 435``; and
(3) in subsection (c), by striking ``chapter 7`` and
inserting ``section 452``.
(f) National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002.--Section 236(f)(4)(A)
of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C.
3036(f)(4)(A)) is amended, in the matter preceding clause
(i), by striking ``section 474`` and inserting ``section
452``.
(g) Title 36.--Section 2101(b)(2) of title 36, United
States Code, is amended by striking ``section 475`` and
inserting ``section 405``.
(h) Title 37.--Title 37, United States Code, is amended--
(1) in section 403--
(A) in subsection (d)(2)(A), by striking ``section 476``
and inserting ``section 452``; and
(B) in subsection (g)--
(i) in paragraph (2), in the second sentence, by striking
``section 474`` and inserting ``section 452``; and
(ii) in paragraph (3), by striking ``section 476`` and
inserting ``section 453(c)``;
(2) in section 420(b), by striking ``sections 474-481`` and
inserting ``section 452``;
(3) in section 422(a), by striking ``section 480`` and
inserting ``section 452``;
(4) in section 427--
(A) in subsection (a)(1)(A), by striking ``section 476``
and inserting ``section 452``; and
(B) in subsection (c)(1), by striking ``section 476`` and
inserting ``section 452``;
(5) in section 433(b), by striking ``section 474(d)(2)(A)``
and inserting ``section 452``;
(6) in section 451(a)(2)(H)--
(A) in clause (i), by striking ``section 481f`` and
inserting ``section 453(f)``;
(B) in clause (ii), by striking ``section 481h`` and
inserting ``section 452(b)(12)``;
(C) in clause (iii), by striking ``section 481j`` and
inserting ``section 452(b)(13)``;
(D) in clause (iv), by striking ``section 481k`` and
inserting ``section 452(b)(14)``; and
(E) in clause (v), by striking ``section 481l`` and
inserting ``section 452(b)(15)``;
(7) in section 1002(b)(1), by striking ``section 474(a)-
(d), and (f),`` and inserting ``section 452``;
(8) in section 1003, by striking ``sections 402-403b, 474-
477, 479-481, and 414`` and inserting ``sections 402 through
403b, 405, 414, 452, and 453``; and
(9) in section 1006(g)--
(A) by striking ``section 477`` and inserting ``section
452(c)(2)``; and
(B) by striking ``section 475a(a)`` and inserting ``section
452(b)(11)``.
(i) Child Nutrition Act of 1966.--Section 17(d)(2)(B)(ii)
of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(2)(B)(ii)) is amended by striking ``section 475`` and
inserting ``section 405``.
Subtitle B--Bonus and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income
replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service, is amended by striking ``December 31, 2022``
and inserting ``December 31, 2023``.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2022``
and inserting ``December 31, 2023``:
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section
333(i) of title 37, United States Code, is amended by
striking ``December 31, 2022`` and inserting ``December 31,
2023``.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2022`` and inserting ``December 31,
2023``:
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers` Training Corps.
(6) Section 352(g), relating to assignment pay or special
duty pay.
(7) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(8) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Adjustments in Rates of
Basic Allowance for Housing.--Section 403(b) of title 37,
United States Code, is amended--
(1) in paragraph (7)(E), by striking ``December 31, 2022``
and inserting ``December 31, 2023``; and
(2) in paragraph (8)(C), by striking ``September 30, 2022``
and inserting ``December 31, 2023``.
SEC. 612. REPEAL OF SUNSET OF HAZARDOUS DUTY PAY.
Subsection (h) of section 351 of title 37, United States
Code, is repealed.
SEC. 613. AUTHORIZATION OF ASSIGNMENT PAY OR SPECIAL DUTY PAY
BASED ON CLIMATE IN WHICH A MEMBER`S DUTIES ARE
PERFORMED.
Section 352(a)(2) of title 37, United States Code, is
amended by inserting ``climate,`` after ``location,``.
Subtitle C--Leave
SEC. 621. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS OF THE
ARMED FORCES TO ACCUMULATE LEAVE IN EXCESS OF
60 DAYS.
(a) In General.--Section 701(f) of title 10, United States
Code, is amended to read as follows:
``(f)(1) The Secretary concerned, under uniform regulations
to be prescribed by the Secretary of Defense, may authorize a
member
[[Page S6103]]
described in paragraph (2) who, except for this subsection,
would lose at the end of the fiscal year any accumulated
leave in excess of the number of days of leave authorized to
be accumulated under subsection (b), to retain an accumulated
total of 90 days leave.
``(2) This subsection applies to a member who--
``(A) serves on active duty for a continuous period of at
least 120 days in an area in which the member is entitled to
special pay under section 310(a) of title 37;
``(B) is assigned to a deployable ship or mobile unit or to
other duty designated for the purpose of this section; or
``(C) serves on active duty in a duty assignment in support
of a contingency operation.
``(3) Leave accumulated by a member under this subsection
in excess of the number of days of such leave authorized
under subsection (b) is forfeited unless it is used by the
member before the end of the second fiscal year after the
fiscal year in which the service or assignment described in
paragraph (B) of the member terminated.``.
(b) Transition Rule.--Notwithstanding paragraph (3) of
section 701(f) of title 10, United States Code, as amended by
subsection (a), leave in excess of 90 days accumulated by a
member under section 701(f) of title 10, United States Code,
on or before September 30, 2022, is forfeited unless it is
used by the member on or before September 30, 2025, or the
retention of such leave is authorized under another provision
of law.
(c) Effective Date.--The amendment made by subsection (a)
takes effect on January 1, 2023.
SEC. 622. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND
ACCUMULATION.
(a) Repeal of Obsolete Authority.--Section 701 of title 10,
United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as
subsections (d) through (l).
(b) Conforming Amendments to Section 701 of Title 10.--
Section 701 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``subsections (d), (f),
and (g)`` and inserting ``subsections (e) and (f)``;
(2) in subsection (f), as redesignated by subsection
(a)(2), in the first sentence, by striking ``subsections (b),
(d), and (f)`` and inserting ``subsections (b) and (e)``; and
(3) in subsection (i), as so redesignated, in the first
sentence, by striking ``subsections (b), (d), and (f)`` and
inserting ``subsections (b) and (e)``.
(c) Conforming Amendments to Other Provisions of Law.--
(1) Title 14.--Section 2508(a) of title 14, United States
Code, is amended by striking ``section 701(f)(2)`` and
inserting ``section 701(e)``.
(2) Title 37.--Title 37, United States Code, is amended--
(A) in section 501--
(i) in subsection (b)(6), by striking ``120 days of leave
under section 701(f)(1)`` and inserting ``90 days of leave
under section 701(e)``; and
(ii) in subsection (h), by striking ``section 701(g)`` and
inserting ``section 701(f)``; and
(B) in section 502(b), by striking ``section 701(h)`` and
inserting ``section 701(g)``.
(d) Effective Date.--The amendments made by this section
take effect on January 1, 2023.
SEC. 623. CONVALESCENT LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States
Code, as amended by section 622(a), is further amended by
adding at the end the following new subsection:
``(m)(1) Except as provided by subsection (h)(3), and under
regulations prescribed by the Secretary of Defense, a member
of the armed forces diagnosed with a medical condition is
allowed convalescent leave if--
``(A) the medical or behavioral health provider of the
member--
``(i) determines that the member is not yet fit for duty as
a result of that condition; and
``(ii) recommends such leave for the member to provide for
the convalescence of the member from that condition; and
``(B) the commanding officer of the member or the commander
of the military medical treatment facility authorizes such
leave for the member.
``(2) A member may take not more than 30 days of
convalescent leave under paragraph (1) with respect to a
condition described in that paragraph unless--
``(A) such leave in excess of 30 days is authorized by--
``(i) the Secretary concerned; or
``(ii) an individual at the level designated by the
Secretary concerned, but not below the grade of O-5 or the
civilian equivalent; or
``(B) the member is authorized to receive convalescent
leave under subsection (h)(3) in conjunction with the birth
of a child.
``(3)(A) Convalescent leave may be authorized under
paragraph (1) only for a medical condition of a member and
may not be authorized for a member in connection with a
condition of a dependent or other family member of the
member.
``(B) In authorizing convalescent leave for a member under
paragraph (1) with respect to a condition described in that
paragraph, the commanding officer of the member or the
commander of the military medical treatment facility, as the
case may be, shall--
``(i) limit the duration of such leave to the minimum
necessary in relation to the diagnosis, prognosis, and
probable final disposition of the condition of the member;
and
``(ii) authorize leave tailored to the specific medical
needs of the member rather than (except for convalescent
leave provided for under subsection (h)(3)) authorizing leave
based on a predetermined formula.
``(4) A member taking convalescent leave under paragraph
(1) shall not have the member`s leave account reduced as a
result of taking such leave.
``(5) In this subsection, the term `military medical
treatment facility` means a facility described in subsection
(b), (c), or (d) of section 1073d.``.
(b) Treatment of Convalescent Leave for Birth of Child.--
Paragraph (3) of subsection (h) of such section, as
redesignated by section 622(a), is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and by moving such clauses, as so
redesignated, two ems to the right;
(2) by inserting ``(A)`` after ``(3)``; and
(3) by adding at the end the following new subparagraph:
``(B) Convalescent leave may be authorized under
subparagraph (A) only for a medical condition of a member and
may not be authorized for a member in connection with a
condition of a dependent or other family member of the
member.``.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2023.
Subtitle D--Other Matters
SEC. 631. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION
PROGRAM.
(a) Program Requirement.--The Secretary shall establish and
carry out within the Department of the Air Force a
demonstration program to assess and improve retention on
active duty in the Air Force of rated officers described in
subsection (b).
(b) Rated Officers Described.--Rated officers described in
this subsection are rated officers serving on active duty in
the Air Force, excluding rated officers with a reserve
appointment in the Air National Guard or Air Force Reserve--
(1) whose continued service on active duty would be in the
best interest of the Department of the Air Force, as
determined by the Secretary; and
(2) who have not more than three years and not less than
one year remaining on an active duty service obligation under
section 653 of title 10, United States Code.
(c) Written Agreement.--
(1) In general.--Under the demonstration program required
under subsection (a), the Secretary shall offer retention
incentives under subsection (d) to a rated officer described
in subsection (b) who executes a written agreement to remain
on active duty in a regular component of the Air Force for
not less than four years after the completion of the active
duty service obligation of the officer under section 653 of
title 10, United States Code.
(2) Exception.--If the Secretary of the Air Force
determines that an assignment previously guaranteed under
subsection (d)(1) to a rated officer described in subsection
(b) cannot be fulfilled, the agreement of the officer under
paragraph (1) to remain on active duty shall expire not later
than one year after that determination.
(d) Retention Incentives.--
(1) Guarantee of future assignment location.--Under the
demonstration program required under subsection (a), the
Secretary may offer to a rated officer described in
subsection (b) a guarantee of future assignment locations
based on the preference of the officer.
(2) Aviation bonus.--Under the demonstration program
required under subsection (a), notwithstanding section 334(c)
of title 37, United States Code, the Secretary may pay to a
rated officer described in subsection (b) an aviation bonus
not to exceed an average annual amount of $50,000 (subject to
paragraph (3)(B)).
(3) Combination of incentives.--The Secretary may offer to
a rated officer described in subsection (b) a combination of
incentives under paragraphs (1) and (2).
(e) Annual Briefing.--Not later than December 31, 2023, and
annually thereafter until the termination of the
demonstration program required under subsection (a), the
Secretary shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing
describing the use of such demonstration program and its
effects on the retention on active duty in the Air Force of
rated officers described in subsection (b).
(f) Definitions.--In this section:
(1) Rated officer.--The term ``rated officer`` means an
officer specified in section 9253 of title 10, United States
Code.
(2) Secretary.--The term ``Secretary`` means the Secretary
of the Air Force.
(g) Termination.--This section shall terminate on December
31, 2028.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENTS TO THE TRICARE DENTAL PROGRAM.
(a) In General.--Section 1076a of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) by striking ``The plans`` and inserting the following:
``(1) In general.--The plans``; and
(B) by adding at the end the following new paragraph:
``(2) Premium sharing plans.--The regulations required by
paragraph (1) shall include,
[[Page S6104]]
with respect to premium sharing plans referred to in
subsection (d)(1), the following elements:
``(A) A third party administrator shall manage the
administrative features of such plans, including eligibility,
enrollment, plan change and premium payment processes,
submission of qualifying life events changes, and address
changes.
``(B) Such plans shall include the following three
enrollment options:
``(i) Self.
``(ii) Self plus one.
``(iii) Family.
``(C) In the United States, to the extent practicable,
individuals eligible to enroll in such a plan shall be
offered options to enroll in plans of not fewer than four
national dental insurance carriers.
``(D) To the extent practicable, each carrier described in
subparagraph (C)--
``(i) shall manage dental care delivery matters, including
claims adjudication (with required electronic submission of
claims), coordination of benefits, covered services,
enrollment verification, and provider networks;
``(ii) shall, in addition to offering a standard option
plan consistent with the requirements of this section, offer
a high option plan that provides more covered services;
``(iii) may offer an additional plan managed as a dental
health maintenance organization plan;
``(iv) shall establish and operate dental provider networks
that provide--
``(I) accessible care with a prevention or wellness focus;
``(II) continuity of care;
``(III) coordinated care (including appropriate dental and
medical referrals);
``(IV) patient-centered care (including effective
communications, individualized care, and shared decision-
making); and
``(V) high-quality, safe care;
``(v) shall develop and implement adult and pediatric
dental quality measures, including effective measurements
for--
``(I) access to care;
``(II) continuity of care;
``(III) cost;
``(IV) adverse patient events;
``(V) oral health outcomes; and
``(VI) patient experience; and
``(vi) shall conduct in their provider networks, to the
extent practicable, pilot programs on the development of a
model of care based on the model of care referred to as
patient-centered dental homes.``;
(2) in subsection (d)(1)--
(A) in subparagraph (B), by striking the second sentence;
(B) by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C) The amount of the premium required under subparagraph
(A)--
``(i) for standard option plans described in subsection
(b)(2)(C)(ii), shall be established by the Secretary annually
such that in the aggregate (taking into account the
adjustments under subparagraph (D) and subsection (e)(2)(C)),
the Secretary`s share of each premium is 60 percent of the
premium for each enrollment category (self, self plus one,
and family) of each standard option plan; and
``(ii) for non-standard option plans described in clauses
(ii) and (iii) of subsection (b)(2)(C), shall be equal to the
amount determined under clause (i) plus 100 percent of the
additional premium amount applicable to such non-standard
option plan.``; and
(C) by striking subparagraph (D) and inserting the
following new subparagraph (D):
``(D) The Secretary of Defense shall reduce the monthly
premium required to be paid under paragraph (1) in the case
of enlisted members in pay grade E-1, E-2, E-3, or E-4.``;
(3) in subsection (e), by adding at the end the following
new paragraph:
``(3) The Secretary of Defense shall reduce copayments
required to be paid under paragraph (1) in the case of
enlisted members in pay grade E-1, E-2, E-3, or E-4.``; and
(4) in subsection (j), by striking ``plan established under
this section`` and inserting ``standard option plan described
in subsection (b)(2)(C)(ii).``.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 1, 2025.
(c) Rule Making Authority.--
(1) In general.--In order to implement the dental program
improvements on the date specified in subsection (b), the
Secretary of Defense shall, not later than January 1, 2024,
issue an interim final regulation consistent with the
provisions of section 1076a of title 10, United States Code,
as amended by subsection (a), that will be in effect on the
date specified in subsection (b).
(2) Maintenance of covered services.--The regulation
required by paragraph (1) shall ensure that covered services
under standard option plans described in subsection
(b)(2)(C)(ii) of section 1076a of title 10, United States
Code, as added by subsection (a), shall be no less than those
services under the premium sharing plans under such section
in effect as of the date of the enactment of this Act.
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD
FOLLOWING REQUIRED TRAINING OR OTHER DUTY TO
RESPOND TO A NATIONAL EMERGENCY.
(a) Transitional Health Care.--Subsection (a)(2) of section
1145 of title 10, United States Code, is amended by adding at
the end the following new subparagraph:
``(G) A member of the National Guard who is separated from
full-time National Guard Duty to which called or ordered
under section 502(f) of title 32 for a period of active
service of more than 30 days to perform duties that are
authorized by the President or the Secretary of Defense for
the purpose of responding to a national emergency declared by
the President and supported by Federal funds.``.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``active duty`` and inserting ``active
service``;
(B) in paragraph (3), by striking ``paragraph (2)(B)`` and
inserting ``subparagraph (B) or (G) of paragraph (2)``;
(C) in paragraph (4)--
(i) by striking ``active duty`` each place it appears and
inserting ``active service``; and
(ii) in the second sentence, by striking ``or (D)`` and
inserting ``(D), or (G)``;
(D) in paragraph (5), in subparagraphs (A) and (B), by
striking ``active duty`` each place it appears and inserting
``active service``; and
(E) in paragraph (7)(A)--
(i) by striking ``service on active duty`` and inserting
``active service``; and
(ii) by striking ``active duty for`` and inserting ``active
service for``;
(2) in subsection (b)(1), by striking ``active duty`` and
inserting ``active service``; and
(3) in subsection (d)(1)(A), by striking ``active duty``
and inserting ``active service``.
SEC. 703. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE
SERVICES FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--In order to reinforce the policies of
eliminating stigma in obtaining mental health care services
and further encouraging help-seeking behavior by members of
the Armed Forces, not later than July 1, 2023, the Secretary
of Defense shall--
(1) update and reissue Department of Defense Instruction
6490.08, entitled ``Command Notification Requirements to
Dispel Stigma in Providing Mental Health Care to Service
Members`` and issued on August 17, 2011, taking into
account--
(A) experience implementing the Instruction; and
(B) opportunities to more effectively dispel stigma in
obtaining mental health care services and encourage help-
seeking behavior; and
(2) develop standards within the Department of Defense
that--
(A) ensure, except in cases in which there are exigent
circumstances, confidentiality of mental health care services
provided to members who voluntarily seek such services; and
(B) in cases in which there are exigent circumstances,
prevent health care providers from disclosing more than the
minimum amount of information necessary to address the
exigent circumstances.
(b) Elements.--The standards required by subsection (a)(2)
shall include the following elements:
(1) Requirements for confidentiality regarding the request
and receipt by a member of the Armed Forces of mental health
care services under the self-initiated referral process under
section 1090a(e) of title 10, United States Code.
(2) Requirements for confidentiality regarding the results
of any drug testing incident to mental health care services.
(3) Procedures that reflect best practices of the mental
health profession with respect to suicide prevention.
(4) Prohibition on retaliating against a member of the
Armed Forces who requests mental health care services.
(5) Such other elements as the Secretary determines will
most effectively support the policies of--
(A) eliminating stigma in obtaining mental health care
services; and
(B) encouraging help-seeking behavior by members of the
Armed Forces.
(c) Joint Policy With the Secretary of Veterans Affairs.--
(1) In general.--Not later than July 1, 2023, the Secretary
of Defense and the Secretary of Veterans Affairs shall issue
a joint policy that provides, except in the case of exigent
circumstances, for confidentiality of mental health care
services provided by the Department of Veterans Affairs to
members of the Armed Forces, including members of reserve
components of the Armed Forces, under sections 1712A, 1720F,
1720H, and 1789 of title 38, United States Code, and other
applicable law.
(2) Elements.--The joint policy issued urder paragraph (1)
shall, to the extent practicable, establish standards
comparable to the standards developed under subsection
(a)(2).
(d) Report.--Not later than July 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a copy of the
standards developed under subsection (a)(2) and the joint
policy issued under subsection (c).
(e) Exigent Circumstance Defined.--In this section, the
term ``exigent circumstance`` means a circumstance in which
the Secretary of Defense determines the need to prevent
serious harm to individuals or essential military functions
clearly outweighs the need for confidentiality of information
obtained by a health care provider incident to mental health
care services voluntarily sought by a member of the Armed
Forces.
[[Page S6105]]
SEC. 704. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER
TRICARE PRIME DURING PERMANENT CHANGES OF
STATION.
(a) In General.--Section 714 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 1095f) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Improvement of Specialty Care Referrals During
Permanent Changes of Station.--In conducting evaluations and
improvements under subsection (d) to the referral process
described in subsection (a), the Secretary shall ensure
beneficiaries enrolled in TRICARE Prime who are undergoing a
permanent change of station receive referrals from their
primary care manager to such specialty care providers in the
new location as the beneficiary may need before undergoing
the permanent change of station.``.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the contractual
and technical barriers preventing record sharing between
civilian provider networks under the TRICARE program that
lead to increased wait times for care for members of the
Armed Forces and their dependents undergoing permanent
changes of station across provider network regions.
SEC. 705. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE
SELECT AND TRICARE DENTAL PROGRAM TO MEMBERS OF
THE SELECTED RESERVE AND THEIR DEPENDENTS.
(a) Study.--The Secretary of Defense may conduct a study on
the feasibility, potential cost effects to the budget of the
Department of Defense, changes in out-of-pocket costs to
beneficiaries, and effects on other Federal programs of
expanding eligibility for TRICARE Reserve Select and the
TRICARE dental program to include all members of the Selected
Reserve of the Ready Reserve of a reserve component of the
Armed Forces, their dependents, and their non-dependent
children under the age of 26.
(b) Specifications.--If the Secretary conducts the study
under subsection (a), the Secretary shall include in the
study an assessment of the following:
(1) Cost-shifting to the Department of Defense to support
the expansion of TRICARE Reserve Select and the TRICARE
dental program from--
(A) health benefit plans under chapter 89 of title 5,
United States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care exchange; and
(E) the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) New costs for the Department of Defense to enroll in
TRICARE Reserve Select and the TRICARE dental program members
of the Selected Reserve of the Ready Reserve of a reserve
component of the Armed Forces who were previously uninsured.
(3) The resources needed to implement TRICARE Reserve
Select and the TRICARE dental program for all such members,
their dependents, and their non-dependent children under the
age of 26.
(4) Cost-savings, if any, resulting from the expansion of
TRICARE Reserve Select and the TRICARE dental program with
regard to increased training days performed in support of
mass medical events during battle assemblies of the reserve
components, including an assessment of the impact of such
expansion on--
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve components to
backfill medical fallouts at mobilization sites; and
(F) any other readiness metrics affected by such expansion.
(5) Any impact of such expansion on recruitment and
retention of members of the Armed Forces, including members
of the Ready Reserve of the reserve components of the Armed
Forces.
(6) Cost-savings, if any, in contracts that implement the
Reserve Health Readiness Program of the Department of
Defense.
(c) Determination of Cost Effects.--If the Secretary of
Defense studies the potential cost effects to the budget of
the Department of Defense under subsection (a), the Secretary
shall study the cost effects for the following scenarios of
expanded eligibility for TRICARE Reserve Select and the
TRICARE dental program:
(1) Premium free for members of the Selected Reserve of the
Ready Reserve of a reserve component of the Armed Forces,
their dependents, and their non-dependent children under the
age of 26.
(2) Premium free for such members and subsidized premiums
for such dependents and non-dependent children.
(3) Subsidized premiums for such members, dependents, and
non-dependent children.
(d) Use of a Federally Funded Research and Development
Center.--The Secretary may contract with a federally funded
research and development center that is qualified and
appropriate to conduct the study under subsection (a).
(e) Briefing; Report.--
(1) Briefing.--If the Secretary conducts the study under
subsection (a), not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the methodology and approach of
the study.
(2) Report.--If the Secretary conducts the study under
subsection (a), not later than two years after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study.
(f) Definitions.--In this section:
(1) TRICARE dental program.--The term ``TRICARE dental
program`` means dental benefits under section 1076a of title
10, United States Code.
(2) TRICARE reserve select.--The term ``TRICARE Reserve
Select`` means health benefits under section 1076d of such
title.
Subtitle B--Health Care Administration
SEC. 721. IMPROVEMENTS TO ORGANIZATION OF MILITARY HEALTH
SYSTEM.
(a) Feasibility Study for Superseding Organization for
Defense Health Agency.--
(1) Study and report required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense (referred to in this section as the ``Secretary``)
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on a study,
conducted by the Secretary for purposes of the report, of the
feasibility of and requirements for the establishment of a
defense health and medical readiness command (referred to in
this subsection as the ``command``) as a superseding
organization to the Defense Health Agency.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A description of the responsibilities of the commander
of the command.
(B) A description of any organizations that support the
Defense Health Agency, such as the medical departments and
medical logistics organizations of each military department.
(C) A description of any authorities required for the
leadership and direction of the command.
(D) A description of the organizational structure of the
command, including any subordinate commands.
(E) A description of resourcing executive leadership of the
command.
(F) A description of the location or locations of
headquarters elements of the command.
(G) A description of how the current Defense Health Agency
functions as a provider of optimally trained, clinically
proficient health care professionals to support combatant
commands.
(H) A description of how the command may further serve as a
provider of optimally trained, clinically proficient health
care professionals to support combatant commands.
(I) A description of the relationship of the command to the
military departments, the combatant commands, and the Joint
Staff.
(J) A timeline for the establishment of the command.
(K) A description of additional funding required to
establish the command.
(L) A description of any additional legislative action
required for the establishment of the command.
(M) Any other matters in connection with the establishment,
operations, and activities of the command that the Secretary
considers appropriate.
(b) Establishment of Military Health System Education and
Training Directorate.--
(1) Plan required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a plan to establish within the Defense
Health Agency a subordinate organization, to be called the
Military Health System Education and Training Directorate
(referred to in this subsection as the ``Directorate``).
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) A description of any authorities required for the
leadership and direction of the Directorate.
(B) A description of the organizational structure of the
Directorate, including any subordinate organizations.
(C) A description of resourcing executive leadership of the
Directorate.
(D) A description of the location or locations of elements
of the Directorate.
(E) A description of the ability of the Directorate to
address the training requirements of the military
departments, the combatant commands, and the Joint Staff.
(F) A description of additional funding required to
establish the Directorate.
(G) A description of any additional legislative action
required for the establishment of the Directorate.
(H) Any other matters in the connection with the
establishment, operations, and activities of the Directorate
that the Secretary considers appropriate.
(3) Establishment.--
(A) In general.--Not later than one year after the
submission of the plan required under paragraph (1), the
Secretary shall establish the Directorate within the Defense
Health Agency.
[[Page S6106]]
(B) Leadership.--The Directorate shall be led by the
President of the Uniformed Services University of the Health
Sciences.
(C) Structure.--The Directorate shall be composed of the
following:
(i) The Medical Education and Training Campus.
(ii) The College of Allied Health Sciences.
(iii) The Uniformed Services University of the Health
Sciences.
(iv) The medical education and training commands and
organizations of the military departments.
(v) Training programs of military departments affiliated
with civilian academic institutions.
(vi) Such other elements, facilities, and commands of the
Department of Defense as the Secretary considers appropriate.
SEC. 722. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES
IN REQUIREMENTS FOR MEDICAL CENTERS.
Section 1073d(b)(3) of title 10, United States Code, is
amended by striking ``or level two`` and inserting ``, level
two, or level three``
SEC. 723. EXTENSION OF ACCOUNTABLE CARE ORGANIZATION
DEMONSTRATION AND ANNUAL REPORT REQUIREMENT.
(a) In General.--The Secretary of Defense, acting through
the Director of the Defense Health Agency, shall extend the
duration of the Accountable Care Organization demonstration
carried out by the Secretary, notice of which was published
in the Federal Register on August 16, 2019 (84 Fed. Reg.
41974), (in this section referred to as the
``Demonstration``) through December 31, 2028.
(b) Annual Report Required.--
(1) In general.--Not later than March 1 of each year during
which the Demonstration is carried out, beginning in 2023,
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report that describes the conduct of the Demonstration for
the one-year period preceding the date of the report.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(A) A description of how the Demonstration delivered
performance of better health, better care, and lower cost.
(B) A description of the results of the Demonstration with
respect to the following outcome measures:
(i) Clinical performance.
(ii) Utilization improvement.
(iii) Beneficiary engagement.
(iv) Membership growth and retention.
(v) Case management.
(vi) Continuity of care.
(vii) Telehealth utilization.
(C) A description of how the Demonstration shifted
financial risk from the TRICARE program to health care
providers.
(D) A description of how investment in the Demonstration
serves as a bridge to competitive demonstrations by the
Department of Defense with accountable care organizations in
the future.
(E) A detailed description of locations for future
competitive demonstrations by the Department with accountable
care organizations.
(3) TRICARE program defined.--In this subsection, the term
``TRICARE program`` has the meaning given that term in
section 1072(7) of title 10, United States Code.
SEC. 724. MODIFICATION OF REQUIREMENT TO TRANSFER PUBLIC
HEALTH FUNCTIONS TO DEFENSE HEALTH AGENCY.
(a) Temporary Retention of Public Health Functions.--At the
determination of the Secretary of Defense, a military
department may retain, until not later than September 30,
2023, a public health function that would otherwise become
part of the Defense Health Agency Public Health under section
1073c(e)(2)(B) of title 10, United States Code, if such
function--
(1) addresses a need that is unique to the military
department; and
(2) is in direct support of operating forces and necessary
to execute strategies relating to national security and
defense.
(b) Report.--
(1) In general.--Not later than March 1, 2023, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on public health functions that the Secretary has
determined may be retained by a military department pursuant
to subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of each public health function that the
Secretary has determined may be retained by a military
department pursuant to subsection (a).
(B) The rationale for each such determination.
(C) Recommendations for amendments to section 1073c of
title 10, United States Code, to permit ongoing retention of
public health functions by military departments.
(c) Modification to Names of Public Health Commands.--
Section 1073c(e)(2)(B) of title 10, United States Code, is
amended by striking ``Army Public Health Command, the Navy-
Marine Corps Public Health Command`` and inserting ``Army
Public Health Center, the Navy-Marine Corps Public Health
Center``.
SEC. 725. ESTABLISHMENT OF MILITARY HEALTH SYSTEM MEDICAL
LOGISTICS DIRECTORATE.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a plan to establish within the
Defense Health Agency a subordinate organization to be called
the Military Health System Medical Logistics Directorate (in
this section referred to as the ``Directorate``).
(b) Elements.--The plan required under subsection (a) shall
include the following:
(1) A description of any authorities required for the
leadership and direction of the Directorate.
(2) A description of the organizational structure of the
Directorate, including any subordinate organizations, to
include incorporation into the Directorate of existing
organizations of the military departments that provide
operational theater medical materiel support.
(3) A description of resourcing by the Secretary of the
executive leadership of the Directorate.
(4) A description of the location or locations of elements
of the Directorate.
(5) A description of how the medical research and
development organization within the Defense Health Agency
will coordinate with the Directorate.
(6) A description of the ability of the Directorate to
address the medical logistics requirements of the military
departments, the combatant commands, and the Joint Staff.
(7) A description of additional funding required to
establish the Directorate.
(8) A description of any additional legislative action
required for the establishment of the Directorate.
(9) Any other matters in connection with the establishment,
operations, and activities of the Directorate that the
Secretary considers appropriate.
(c) Establishment.--Not later than one year after the
submission of the plan required under subsection (a), the
Secretary shall establish the Directorate within the Defense
Health Agency.
SEC. 726. ESTABLISHMENT OF CENTERS OF EXCELLENCE FOR
SPECIALTY CARE IN THE MILITARY HEALTH SYSTEM.
(a) Centers of Excellence.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
establish regional centers of excellence for the provision of
military specialty care to eligible beneficiaries at existing
major medical centers of the Department of Defense.
(2) Satellite centers.--The Secretary may establish
satellite centers of excellence to provide specialty care for
certain conditions, such as--
(A) post-traumatic stress;
(B) traumatic brain injury; and
(C) such other conditions as the Secretary considers
appropriate.
(3) Readiness and improvement of care.--Centers of
excellence established under this subsection shall--
(A) ensure the military medical force readiness of the
Department and the medical readiness of the Armed Forces;
(B) improve the quality of health care received by eligible
beneficiaries from the Department; and
(C) improve health outcomes for eligible beneficiaries.
(b) Types of Centers of Excellence.--
(1) In general.--Centers of excellence shall be established
under subsection (a) for the following areas of specialty
care:
(A) Oncology.
(B) Burn injuries and wound care.
(C) Rehabilitation medicine.
(D) Psychological health and traumatic brain injury.
(E) Amputations and prosthetics.
(F) Neurosurgery.
(G) Orthopedic care.
(H) Substance abuse.
(I) Transplants.
(J) Cardiothoracic surgery.
(K) Such other areas of specialty care as the Secretary
considers appropriate to ensure the military medical force
readiness of the Department and the medical readiness of the
Armed Forces.
(2) Multiple specialties.--A major medical center of the
Department may be established as a center of excellence for
more than one area of specialty care.
(c) Primary Source for Specialty Care.--
(1) In general.--Centers of excellence established under
subsection (a) shall be the primary source within the
military health system for the receipt by eligible
beneficiaries of specialty care.
(2) Referral.--Eligible beneficiaries seeking specialty
care services through the military health system shall be
referred to a center of excellence established under
subsection (a) or to an appropriate specialty care provider
in the private sector if health care services at such a
center are unavailable.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report that sets forth a plan
for the Department to establish centers of excellence under
this section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A list of the centers of excellence to be established
under this section and the locations of such centers.
(B) A description of the specialty care services to be
provided at each such center and a staffing plan for each
such center.
[[Page S6107]]
(C) A description of how each such center will improve--
(i) the military medical force readiness of the Department
and the medical readiness of the Armed Forces;
(ii) the quality of care received by eligible
beneficiaries; and
(iii) the health outcomes of eligible beneficiaries.
(D) A comprehensive plan to refer eligible beneficiaries
for specialty care services at centers of excellence
established under this section and centers of excellence in
the private sector.
(E) A plan to assist eligible beneficiaries with travel and
lodging, if necessary, in connection with the receipt of
specialty care services at centers of excellence established
under this section or centers of excellence in the private
sector.
(F) A plan to transfer specialty care providers of the
Department to centers of excellence established under this
section, in a number as determined by the Secretary to be
required to provide specialty care services to eligible
beneficiaries at such centers.
(G) A plan to monitor access to care, beneficiary
satisfaction, experience of care, and clinical outcomes to
understand better the impact of such centers on the health
care of eligible beneficiaries.
(e) Notification.--The Secretary of Defense shall notify
the Committees on Armed Services of the Senate and the House
of Representatives not later than 90 days prior to the
establishment of a center of excellence under this section.
(f) Eligible Beneficiary Defined.--In this section, the
term ``eligible beneficiary`` means a beneficiary under
chapter 55 of title 10, United States Code.
SEC. 727. REQUIREMENT TO ESTABLISH ACADEMIC HEALTH SYSTEM.
Section 2113b(a) of title 10, United States Code, is
amended by striking ``may`` and inserting ``shall``.
SEC. 728. ADHERENCE TO POLICIES RELATING TO MILD TRAUMATIC
BRAIN INJURY AND POST-TRAUMATIC STRESS
DISORDER.
Not later than 1 year after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) direct the Secretary of the Navy and the Secretary of
the Air Force to address inconsistencies between the policies
of the Department of Defense, the Department of the Navy, and
the Department of the Air Force relating to the training of
members of the Armed Forces on the identification of symptoms
of mild traumatic brain injury in deployed locations; and
(2) ensure the Secretary of each military department
routinely monitors the adherence of members of the Armed
Forces under the jurisdiction of such Secretary to policies
of the Department of Defense relating to post-traumatic
stress disorder and traumatic brain injury, including
policies related to--
(A) screening certain members of the Armed Forces for post-
traumatic stress disorder and traumatic brain injury prior to
any separation of such a member from the Armed Forces for
misconduct; and
(B) providing counseling to members of the Armed Forces
during the process of such separation regarding services and
benefits that may be provided by the Department of Veterans
Affairs to members after such separation.
SEC. 729. POLICY ON ACCOUNTABILITY FOR WOUNDED WARRIORS
UNDERGOING DISABILITY EVALUATION.
(a) In General.--Not later than April 1, 2023, the
Secretary of Defense shall establish a policy to ensure
accountability for actions taken under the authorities of the
Defense Health Agency and the military departments concerning
wounded, ill, and injured members of the Armed Forces during
the integrated disability evaluation system process of the
Department of Defense.
(b) Elements.--The policy required by subsection (a) shall
include the following:
(1) A requirement that determination of fitness for duty
under chapter 61 of title 10, United States Code, of a member
of the Armed Forces falls under the jurisdiction of the
Secretary of the military department concerned.
(2) A requirement that medical evaluation provided under
the authority of the Defense Health Agency shall--
(A) comply with applicable law and regulations of the
Department of Defense; and
(B) be considered by the Secretary of the military
department concerned in determining fitness for duty under
chapter 61 of such title.
(3) A requirement that wounded, ill, and injured members of
the Armed Forces shall not be denied the protections,
privileges, or right to due process afforded under applicable
law and regulations of the Department of Defense and the
military department concerned.
(c) Clarification of Responsibilities Regarding Medical
Evaluation Boards.--Section 1073c of title 10, United States
Code, is amended by--
(1) redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Authorities Reserved to the Secretaries of the
Military Departments Concerning the Disability Evaluation
System.--
``(1) In general.--Notwithstanding the responsibilities and
authorities of the Director of the Defense Health Agency with
respect to the administration of military medical treatment
facilities as set forth in this section, including medical
evaluations of members of the armed forces, the Secretary of
each military department shall maintain personnel authority
over and responsibility for any member of the armed forces
under the jurisdiction of the Secretary concerned while the
member is being considered by a medical evaluation board.
``(2) Responsibility described.--The responsibility of the
Secretary of a military department described in paragraph (1)
shall include the following:
``(A) Responsibility for administering the morale and
welfare of members of the armed forces under the jurisdiction
of the Secretary concerned.
``(B) Responsibility for determinations of fitness for duty
of such members under chapter 61 of this title.``.
Subtitle C--Reports and Other Matters
SEC. 741. THREE-YEAR EXTENSION OF AUTHORITY TO CONTINUE DOD-
VA HEALTH CARE SHARING INCENTIVE FUND.
Section 8111(d)(3) of title 38, United States Code, is
amended by striking ``September 30, 2023`` and inserting
``September 30, 2026``.
SEC. 742. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567), as
most recently amended by section 715 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81),
is amended by striking ``September 30, 2023`` and inserting
``September 30, 2024``.
SEC. 743. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE
OPIOID MANAGEMENT IN THE MILITARY HEALTH
SYSTEM.
Section 716 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 1090 note), is amended--
(1) in subsection (a)(1), by striking ``Beginning not`` and
inserting ``Except as provided in subsection (e), beginning
not``;
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Alternative Initiative to Improve Opioid
Management.--As an alternative to the pilot program under
this section, the Director of the Defense Health Agency, not
later than January 1, 2023--
``(1) may implement a permanent program to improve opioid
management for beneficiaries under the TRICARE program; and
``(2) if the Director decides to implement such a permanent
program, shall submit to the Committees on Armed Services of
the Senate and the House of Representatives the
specifications of and reasons for implementing such
program.``.
SEC. 744. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND
COMPENSATION AUTHORITY FOR INDEPENDENT SUICIDE
PREVENTION AND RESPONSE REVIEW COMMITTEE.
Section 738 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1801) is
amended--
(1) in subsection (b)(3), by inserting ``(except for a
former member of an Armed Force)`` after ``Armed Force``;
(2) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Compensation.--
``(1) In general.--The Secretary may compensate members of
the committee established under subsection (a) for the work
of such members for the committee.
``(2) Treatment of compensation.--A member of the committee
established under subsection (a) who receives compensation
under paragraph (1) shall not be considered a civilian
employee of the Department of Defense for purposes of
subsection (b)(3).``.
SEC. 745. TERMINATION OF VETERANS` ADVISORY BOARD ON
RADIATION DOSE RECONSTRUCTION.
Section 601 of the Veterans Benefit Act of 2003 (Public Law
108-183; 38 U.S.C. 1154 note) is amended--
(1) in subsection (b), by striking ``, including the
establishment of the advisory board required by subsection
(c)``; and
(2) by striking subsection (c).
SEC. 746. SCHOLARSHIP-FOR-SERVICE PILOT PROGRAM FOR CIVILIAN
BEHAVIORAL HEALTH PROVIDERS.
(a) In General.--Commencing not later than two years after
the date of the enactment of this Act, the Secretary of
Defense shall carry out a pilot program under which--
(1) the Secretary may provide--
(A) scholarships to cover tuition and related fees at an
institution of higher education to an individual enrolled in
a program of study leading to a graduate degree in clinical
psychology, social work, counseling, or a related field (as
determined by the Secretary); and
(B) student loan repayment assistance to a credentialed
behavioral health provider who has a graduate degree in
clinical psychology, social work, counseling, or a related
field (as determined by the Secretary); and
[[Page S6108]]
(2) in exchange for such assistance, the recipient shall
commit to work as a covered civilian behavioral health
provider in the direct care component of the military health
system in accordance with subsection (c).
(b) Duration.--The Secretary of Defense shall carry out the
pilot program under subsection (a) during the 10-year period
beginning on the commencement of the pilot program.
(c) Post-award Employment Obligations.--
(1) In general.--Subject to paragraph (2), as a condition
of receiving assistance under subsection (a), the recipient
of such assistance shall enter into an agreement with the
Secretary of Defense pursuant to which the recipient agrees
to work on a full-time basis as a covered civilian behavioral
health provider in the direct care component of the military
health system for a period that is at least equivalent to the
period during which the recipient received assistance under
such paragraph.
(2) Other terms and conditions.--An agreement entered into
pursuant to paragraph (1) may include such other terms and
conditions as the Secretary of Defense may determine
necessary to protect the interests of the United States or
otherwise appropriate for purposes of this section, including
terms and conditions providing for limited exceptions from
the post-award employment obligation specified in such
subparagraph.
(d) Repayment.--
(1) In general.--An individual who receives assistance
under subsection (a) and does not complete the employment
obligation required under the agreement entered into pursuant
to subsection (c) shall repay to the Secretary of Defense a
prorated portion of the financial assistance received by the
individual under subsection (a).
(2) Determination of amount.--The amount of any repayment
required under paragraph (1) shall be determined by the
Secretary.
(e) Implementation Plan.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representative a plan for the
implementation of this section.
(f) Reports.--
(1) In general.--Not later than each of one year, five
years, and nine years after the commencement of the pilot
program under subsection (a), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representative a report on the pilot program.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the pilot program under subsection
(a), the following:
(A) The number of students receiving scholarships under the
pilot program.
(B) The locations of such students.
(C) The amount of total scholarship money expended per
academic school year under the pilot program.
(D) The average scholarship amount per student under the
pilot program.
(E) The number of students hired as behavioral health
providers by the Department of Defense under the pilot
program.
(F) Any recommendations for terminating the pilot program,
extending the pilot program, or making the pilot program
permanent.
(g) Definitions.--In this section:
(1) Behavioral health.--The term ``behavioral health``
includes psychiatry, clinical psychology, social work,
counseling, and related fields.
(2) Civilian behavioral health provider.--The term
``civilian behavioral health provider`` means a behavioral
health provider who is a civilian employee of the Department
of Defense.
(3) Covered civilian behavioral health provider.--The term
``covered civilian behavioral health provider`` means a
civilian behavioral health provider whose employment by the
Secretary of Defense involves the provision of behavioral
health services at a military medical treatment facility.
(4) 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).
SEC. 747. 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.
Section 746 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 1073 note) is amended--
(1) in subsection (a), by inserting ``, including coverage
of such providers at military medical treatment facilities``
before the period at the end;
(2) in subsection (c), by striking ``covered
beneficiaries`` and inserting ``covered individuals``;
(3) in subsection (f)(2), by striking ``covered
beneficiaries`` each place it appears and inserting ``covered
individuals``; and
(4) in subsection (h)--
(A) by amending paragraph (1) to read as follows:
``(1) The term `covered individual` means a beneficiary
under chapter 55 of title 10, United States Code.``; and
(B) by adding at the end the following paragraph:
``(3) The term `TRICARE program` has the meaning given that
term in section 1072 of title 10, United States Code.``.
SEC. 748. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION
PROJECTS RELATING TO DELIVERY OF HEALTH AND
MEDICAL CARE THROUGH USE OF OTHER TRANSACTION
AUTHORITY.
(a) In General.--Section 1092(b) of title 10, United States
Code, is amended by inserting ``or transactions (other than
contracts, cooperative agreements, and grants)`` after
``contracts``.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
brief the Committees on Armed Services of the Senate and the
House of Representatives on how the Secretary intends to use
the authority to enter into transactions under section
1092(b) of title 10, United States Code, as amended by
subsection (a).
SEC. 749. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT
TO EFFECTS OF EXPOSURE TO OPEN BURN PITS AND
OTHER ENVIRONMENTAL HAZARDS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) conduct a capability assessment of potential
improvements to activities of the Department of Defense to
reduce the effects of environmental exposures with respect to
members of the Armed Forces; and
(2) develop an action plan to implement such improvements
assessed under paragraph (1) as the Secretary considers
appropriate.
(b) Elements.--The capability assessment required by
subsection (a)(1) shall include the following elements:
(1) With respect to the conduct of periodic health
assessments, the following:
(A) An assessment of the feasibility and advisability of
adding additional screening questions relating to
environmental and occupational exposures to current health
assessments of members of the Armed Forces conducted by the
Department of Defense, including pre- and post-deployment
assessments and pre-separation assessments.
(B) An assessment of the potential value and feasibility of
regularly requiring spirometry or other pulmonary function
testing pre- and post-deployment for all members, or selected
members, of the Armed Forces.
(2) With respect to the conduct of outreach and education,
the following:
(A) An evaluation of clinician training on the health
effects of airborne hazards and how to document exposure
information in health records maintained by the Department of
Defense and the Department of Veterans Affairs.
(B) An assessment of the adequacy of current actions by the
Secretary of Defense and the Secretary of Veterans Affairs to
increase awareness among members of the Armed Forces and
veterans of the purposes and uses of the Airborne Hazards and
Open Burn Pit Registry and the effect of a potential
requirement that individuals meeting applicable criteria be
automatically enrolled in the registry unless they opt out of
enrollment.
(C) An assessment of operational plans for deployment with
respect to the adequacy of educational activities for and
evaluations of performance of command authorities, medical
personnel, and members of the Armed Forces on deployment on
anticipated environmental exposures and potential means to
minimize and mitigate any adverse health effects of such
exposures, including through the use of monitoring, personal
protective equipment, and medical responses.
(D) An evaluation of potential means to improve the
education of health care providers of the Department of
Defense with respect to the diagnosis and treatment of health
conditions associated with environmental exposures.
(3) With respect to monitoring of exposure during
deployment operations, the following:
(A) An evaluation of potential means to strengthen tactics,
techniques, and procedures used in deployment operations to
document--
(i) specific locations where members of the Armed Forces
served;
(ii) environmental exposures in such locations; and
(iii) any munitions involved during such service in such
locations.
(B) An assessment of potential improvements in the
acquisition and use of wearable monitoring technology and
remote sensing capabilities to record environmental exposures
by geographic location.
(C) An analysis of the potential value and feasibility of
maintaining a repository of frozen soil samples from each
deployment location to be later tested as needed when
concerns relating to environmental exposures are identified.
(4) With respect to the use of the Individual Longitudinal
Exposure Record (referred to in this paragraph as ``ILER``),
the following:
(A) An assessment of feasibility and advisability of
recording individual clinical diagnosis and treatment
information in ILER to be integrated with exposure data.
(B) An evaluation of--
(i) the progress toward making ILER operationally capable
and accessible to members of the Armed Forces and veterans by
2023; and
(ii) the integration of ILER data with the electronic
health records of the Department
[[Page S6109]]
of Defense and the Department of Veterans Affairs.
(C) An assessment of the feasibility and advisability of
making ILER data accessible to the surviving family members
of members of the Armed Forces and veterans.
(5) With respect to the conduct of research, the following:
(A) An assessment of the potential use of the Airborne
Hazards and Open Burn Pit Registry for research on monitoring
and identifying the health consequences of exposure to open
burn pits.
(B) An analysis of options for increasing the amount and
the relevance of additional research into the health effects
of open burn pits and effective treatments for such health
effects.
(C) An evaluation of potential research of biomarker
monitoring to document environmental exposures during
deployment or throughout the military career of a member of
the Armed Forces.
(D) An analysis of potential organizational strengthening
with respect to the management of research on environmental
exposure hazards, including the establishment of a joint
program executive office for such management.
(E) An assessment of the findings and recommendations of
the 2020 report entitled ``Respiratory Health Effects of
Airborne Hazards Exposures in the Southwest Asia Theater of
Military Operations`` by the National Academies of Science,
Engineering, and Medicine.
(6) An evaluation of such other matters as the Secretary
determines appropriate to ensure a comprehensive review of
activities relating to the effects of exposure to open burn
pits and other environmental hazards.
(c) Submission of Plan and Report.--Not later than 240 days
after the date of the enactment of this Act, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives--
(1) the action plan required by subsection (a)(2); and
(2) a report on the results of the capability assessment
required by subsection (a)(1).
(d) Definitions.--In this section:
(1) Airborne hazards and open burn pit registry.--The term
``Airborne Hazards and Open Burn Pit Registry`` means the
registry established under section 201 of the Dignified
Burial and Other Veterans` Benefits Improvement Act of 2012
(Public Law 112-260; 38 U.S.C. 527 note).
(2) Environmental exposures.--The term ``environmental
exposures`` means exposure to open burn pits and other
environmental hazards as the Secretary determines.
(3) Open burn pit.--The term ``open burn pit`` has the
meaning given that term in section 201(c) of the Dignified
Burial and Other Veterans` Benefits Improvement Act of 2012
(Public Law 112-260; 38 U.S.C. 527 note).
SEC. 750. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM CARE DEMONSTRATION
PROGRAM.
Section 737 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1800) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by inserting ``broadly`` after ``disorder``; and
(ii) by striking ``demonstration project`` and inserting
``demonstration program``
(B) in subparagraph (B), by striking ``demonstration
project`` and inserting ``demonstration program``;
(C) in subparagraph (C), by inserting ``parental
involvement in applied behavioral analysis treatment, and``
after ``including``;
(D) in subparagraph (D), by striking ``for an individual
who has`` and inserting ``, including mental health outcomes,
for individuals who have``;
(E) in subparagraph (E), by inserting ``since its
inception`` after ``demonstration program``;
(F) in subparagraph (F), by inserting ``cost effectiveness,
program effectiveness, and clinical`` after ``measure the``;
(G) in subparagraph (G), by inserting ``than in the general
population`` after ``families``;
(H) by redesignating subparagraph (H) as subparagraph (I);
and
(I) by inserting after subparagraph (G) the following new
subparagraph (H):
``(H) An analysis of whether the diagnosis and treatment of
autism is higher among the children of military families than
in the general population.``; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``nine`` and inserting ``31``.
SEC. 751. REPORT ON SUICIDE PREVENTION REFORMS FOR MEMBERS OF
THE ARMED FORCES.
(a) In General.--Not later than March 1, 2023, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the feasibility and advisability of implementing
the following reforms related to suicide prevention among
members of the Armed Forces:
(1) Eliminating mental health history as a disqualifier for
service in the Armed Forces, including eliminating
restrictions related to mental health history that are
specific to military occupational specialties.
(2) Requiring comprehensive in-person annual mental health
assessments of members of the Armed Forces.
(3) Requiring behavioral health providers under the TRICARE
program, including providers contracted through such program,
to undergo evidence-based and suicide-specific training.
(4) Requiring leaders at all levels of the Armed Forces to
be trained on the following:
(A) Total wellness.
(B) Suicide warning signs and risk factors.
(C) Evidence-based, suicide-specific interventions.
(D) Effectively communicating with medical and behavioral
health providers.
(E) Communicating with family members, including extended
family members who are not co-located with a member of the
Armed Forces, on support and access to resources for members
of the Armed Forces and their dependents.
(5) Requiring mandatory referral to Warriors in Transition
programs or transitional programs for members of the Armed
Forces who are eligible for such programs.
(b) Definitions.--In this section--
(1) TRICARE program.--The term ``TRICARE program`` has the
meaning given that term in section 1072(7) of title 10,
United States Code.
(2) Warriors in transition program.-- The term ``Warriors
in Transition program`` has the meaning given that term in
section 738(e) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071 note).
SEC. 752. REPORT ON BEHAVIORAL HEALTH WORKFORCE AND PLAN TO
ADDRESS SHORTFALLS IN PROVIDERS.
(a) Report on Behavioral Health Workforce.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
conduct an analysis of the behavioral health workforce under
the direct care component of the military health system and
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report containing the results
of such analysis.
(2) Elements.--The report required under paragraph (1)
shall include, with respect to the workforce specified in
such paragraph, the following:
(A) The number of positions authorized for military
behavioral health providers within such workforce, and the
number of such positions filled, disaggregated by the
professions described in paragraph (3).
(B) The number of positions authorized for civilian
behavioral health providers within such workforce, and the
number of such positions filled, disaggregated by the
professions described in paragraph (3).
(C) For each military department, the ratio of military
behavioral health providers assigned to military medical
treatment facilities compared to civilian behavioral health
providers so assigned, disaggregated by the professions
described in paragraph (3).
(D) For each military department, the number of military
behavioral health providers authorized to be embedded within
an operational unit, and the number of such positions filled,
disaggregated by the professions described in paragraph (3).
(E) Data on the historical demand for behavioral health
services by members of the Armed Forces.
(F) An estimate of the number of health care providers
necessary to meet the demand by such members for behavioral
health services under the direct care component of the
military health system, disaggregated by provider type.
(G) An identification of any shortfall between the
estimated number under subparagraph (F) and the total number
of positions for behavioral health providers filled within
such workforce.
(H) Such other information as the Secretary may determine
appropriate.
(3) Provider types.--The professions described in this
paragraph are as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary may determine
appropriate.
(b) Plan to Address Shortfalls in Behavioral Health
Workforce.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a plan to address any shortfall
of the behavioral health workforce identified under
subsection (a)(2)(G).
(2) Elements.--The plan required by paragraph (1) shall--
(A) address, with respect to any shortfall of military
behavioral health providers (addressed separately with
respect to such providers assigned to military medical
treatment facilities and such providers assigned to be
embedded within operational units)--
(i) recruitment;
(ii) accession;
(iii) retention;
(iv) special pay and other aspects of compensation;
(v) workload;
(vi) the role of the Uniformed Services University of the
Health Sciences and the Armed Forces Health Professions
Scholarship Program under chapter 105 of title 10, United
States Code;
(vii) any additional authorities or resources necessary for
the Secretary to increase the number of such providers; and
(viii) such other considerations as the Secretary may
consider appropriate;
(B) address, with respect to any shortfall of civilian
behavioral health providers--
(i) recruitment;
[[Page S6110]]
(ii) hiring;
(iii) retention;
(iv) pay and benefits;
(v) workload;
(vi) educational scholarship programs;
(vii) any additional authorities or resources necessary for
the Secretary to increase the number of such providers; and
(viii) such other considerations as the Secretary may
consider appropriate;
(C) recommend whether the number of military behavioral
health providers in each military department should be
increased, and if so, by how many;
(D) include a plan to expand access to behavioral health
services under the military health system through the use of
telehealth;
(E) include a plan by each military department to allocate
additional uniformed mental health providers in military
medical treatment facilities at remote installations; and
(F) assess the feasibility of hiring civilian mental health
providers at remote installations to augment the provision of
mental health care services by uniformed mental health
providers.
(c) Definitions.--In this section:
(1) Behavioral health.--The term ``behavioral health``
includes psychiatry, clinical psychology, social work,
counseling, and related fields.
(2) Civilian behavioral health provider.--The term
``civilian behavioral health provider`` means a behavioral
health provider who is a civilian employee of the Department
of Defense.
(3) Military behavioral health provider.--The term
``military behavioral health provider`` means a behavioral
health provider who is a member of the Armed Forces.
(4) Uniformed services university of the health sciences.--
The term ``Uniformed Services University of the Health
Sciences`` means the university established under section
2112 of title 10, United States Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. MODIFICATIONS TO MIDDLE TIER ACQUISITION AUTHORITY.
Section 804 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 321 note
prec.) is amended by adding at the end the following new
subsection:
``(e) Acquisition Planning.--Within one year of a program
being designated as either a rapid prototyping or rapid
fielding program, as defined by this section, the component
acquisition executive concerned shall approve an acquisition
plan that includes--
``(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.``.
SEC. 802. EXTENSION OF DEFENSE MODERNIZATION ACCOUNT
AUTHORITY.
Section 3136 of title 10, United States Code, as
transferred by section 1809(g)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4161), is amended by
striking subsection (j).
SEC. 803. PROHIBITION ON CERTAIN PROCUREMENTS OF MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Prohibition on Procurement.--The Secretary of Defense
may not enter into, extend, or renew a contract to procure
any major defense acquisition program that contains covered
items.
(b) Certification Required.--The Secretary of Defense shall
include in any solicitation for contract proposals,
extensions, or renewals a requirement for prime contractors
to certify compliance with subsection (a) based on the prime
contractor`s performance of vendor verification of all
suppliers or potential suppliers in all tiers of such prime
contractor`s supply chain.
(c) Waiver Authority.--The Secretary may, on a one-time
basis, waive the requirements under subsection (a) with
respect to a prime contractor that requests such a waiver.
The waiver may be provided, for a period of not more than
five years after the effective date described in subsection
(d), if the prime contractor seeking the waiver--
(1) provides a sufficient justification for the additional
time to implement the requirements under such subsection, as
determined by the Secretary; and
(2) submits to the Secretary, who shall not later than 30
days thereafter submit to the congressional defense
committees, a full and complete laydown of the presence of
covered items in the prime contractor`s supply chain and a
phase-out plan to eliminate such covered items from the
entity`s systems.
(d) Effective Date.--Subsections (a), (b), and (c) shall
take effect one year after the date of the enactment of this
Act.
(e) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue rules to implement this section.
(f) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country`` means the People`s Republic of China.
(2) Covered items.--The term ``covered item`` means an item
produced or provided by an entity--
(A) owned or controlled by the government of a covered
foreign country; or
(B) where the place of performance is in a covered foreign
country.
(3) Major defense acquisition program.--The term ``major
defense acquisition program`` has the meaning given the term
in section 4201 of title 10, United States Code.
SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW RAPID
ACQUISITION AND DEPLOYMENT OF CAPABILITIES
NEEDED UNDER SPECIFIED HIGH-PRIORITY
CIRCUMSTANCES.
(a) Revision and Codification of Rapid Acquisition
Authority.--Chapter 253 of part V of title 10, United States
Code, is amended to read as follows:
``CHAPTER 253--RAPID ACQUISITION PROCEDURES
``Sec.
``3601. Procedures for urgent acquisition and deployment of capability
needed in response to urgent operational needs or vital
national security interest.
``Sec. 3601. Procedures for urgent acquisition and deployment
of capability needed in response to urgent operational
needs or vital national security interest
``(a) Procedures.--
``(1) In general.--The Secretary of Defense shall prescribe
procedures for the urgent acquisition and deployment of
capability needed in response to urgent operational needs.
The capabilities for which such procedures may be used in
response to an urgent operational need are those--
``(A) that, subject to such exceptions as the Secretary
considers appropriate for purposes of this section--
``(i) can be fielded within a period of two to 24 months;
``(ii) do not require substantial development effort;
``(iii) are based on technologies that are proven and
available; and
``(iv) can appropriately be acquired under fixed price
contracts; or
``(B) that can be developed or procured under a section 804
rapid acquisition pathway.
``(2) Definition.--In this section, the term `section 804
rapid acquisition pathway` means the rapid fielding
acquisition pathway or the rapid prototyping acquisition
pathway authorized under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 321 prec.).
``(b) Matters to Be Included.--The procedures prescribed
under subsection (a) shall include the following:
``(1) A process for streamlined communications between the
Chairman of the Joint Chiefs of Staff, the acquisition
community, and the research and development community,
including--
``(A) a process for the commanders of the combatant
commands and the Chairman of the Joint Chiefs of Staff to
communicate their needs to the acquisition community and the
research and development community; and
``(B) a process for the acquisition community and the
research and development community to propose capability that
meet the needs communicated by the combatant commands and the
Chairman of the Joint Chiefs of Staff.
``(2) Procedures for demonstrating, rapidly acquiring, and
deploying a capability proposed pursuant to paragraph (1)(B),
including--
``(A) a process for demonstrating performance and
evaluating for current operational purposes the performance
of the capability;
``(B) a process for developing an acquisition and funding
strategy for the deployment of the capability; and
``(C) a process for making deployment and utilization
determinations based on information obtained pursuant to
subparagraphs (A) and (B).
``(3) A process to determine the disposition of a
capability, including termination (demilitarization or
disposal), continued sustainment, or transition to a program
of record.
``(4) Specific procedures in accordance with the guidance
developed under section 804(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 321 prec.).
``(c) Response to Combat Emergencies and Certain Urgent
Operational Needs.--
``(1) Determination of need for urgent acquisition and
deployment.--(A) In the case of any capability that, as
determined in writing by the Secretary of Defense, is
urgently needed to eliminate a documented deficiency that has
resulted in combat casualties, or is likely to result in
combat casualties, the Secretary may use the procedures
developed under this section in order to accomplish the
urgent acquisition and deployment of the needed capability.
``(B) In the case of any capability that, as determined in
writing by the Secretary of Defense, is urgently needed to
eliminate a documented deficiency that impacts an ongoing or
anticipated contingency operation and that, if left
unfulfilled, could potentially result in loss of life or
critical mission failure, the Secretary may use the
procedures developed under this section in order to
accomplish the urgent acquisition and deployment of the
needed capability.
``(C)(i) In the case of any cyber capability that, as
determined in writing by the Secretary of Defense, is
urgently needed to eliminate a deficiency that as the result
of a cyber attack has resulted in critical mission failure,
the loss of life, property destruction, or economic effects,
or if left unfilled is likely to result in critical mission
failure, the
[[Page S6111]]
loss of life, property destruction, or economic effects, the
Secretary may use the procedures developed under this section
in order to accomplish the urgent acquisition and deployment
of the needed offensive or defensive cyber capability.
``(ii) In this subparagraph, the term `cyber attack` means
a deliberate action to alter, disrupt, deceive, degrade, or
destroy computer systems or networks or the information or
programs resident in or transiting these systems or networks.
``(2) Designation of senior official responsible.--(A)(i)
Except as provided under clause (ii), whenever the Secretary
makes a determination under subparagraph (A), (B), or (C) of
paragraph (1) that a capability is urgently needed to
eliminate a deficiency described in that subparagraph, the
Secretary shall designate a senior official of the Department
of Defense to ensure that the needed capability is acquired
and deployed as quickly as possible, with a goal of awarding
a contract for the acquisition of the capability within 15
days.
``(ii) Clause (i) does not apply to an acquisition
initiated in the case of a determination by the Secretary
that funds are necessary to immediately initiate a project
under a section 804 rapid acquisition pathway if the
designated official for acquisitions using such pathway is a
service acquisition executive.
``(B) Upon designation of a senior official under
subparagraph (A) with respect to a needed capability, the
Secretary shall authorize that official to waive any
provision of law or regulation described in subsection (d)
that such official determines in writing would unnecessarily
impede the urgent acquisition and deployment of the needed
capability. In a case in which the needed capability cannot
be acquired without an extensive delay, the senior official
shall require that an interim solution be implemented and
deployed using the procedures developed under this section to
minimize adverse consequences resulting from the urgent need.
``(3) Use of funds.--(A) In any fiscal year in which the
Secretary makes a determination described in subparagraph
(A), (B), or (C) of paragraph (1), or upon the Secretary
making a determination that funds are necessary to
immediately initiate a project under a section 804 rapid
acquisition pathway based on a compelling national security
need, the Secretary may use any funds available to the
Department of Defense if the determination includes a written
finding that the use of such funds is necessary to address in
a timely manner the deficiency documented or identified under
such subparagraph (A), (B), or (C) or the compelling national
security need identified for purposes of such section 804
pathway, respectively.
``(B) The authority provided by this section may only be
used to acquire capability--
``(i) in the case of determinations by the Secretary under
paragraph (1)(A), in an amount aggregating not more than
$200,000,000 during any fiscal year;
``(ii) in the case of determinations by the Secretary under
paragraph (1)(B), in an amount aggregating not more than
$200,000,000 during any fiscal year;
``(iii) in the case of determinations by the Secretary
under paragraph (1)(C), in an amount aggregating not more
than $200,000,000 during any fiscal year; and
``(iv) in the case of a determination by the Secretary that
funds are necessary to immediately initiate a project under a
section 804 rapid acquisition pathway, in an amount
aggregating not more than $50,000,000 during any fiscal year.
``(C) In exercising the authority under this section, the
use of funds is limited as follows:
``(i) When operation and maintenance (O&M) funds are
utilized as a source, special O&M funds established for a
dedicated or proscribed purpose may not be used.
``(ii) When funds are utilized for sustainment purposes,
this authority may not be used for more than 2 years.
``(4) Notification to congressional defense committees.--
(A) In the case of a determination by the Secretary under
subparagraph (A) or (C) of paragraph (1), the Secretary shall
notify the congressional defense committees of the
determination within 15 days after the date of the
determination.
``(B) In the case of a determination by the Secretary under
paragraph (1)(B), the Secretary shall notify the
congressional defense committees of the determination at
least 10 days before the date on which the determination is
effective.
``(C) In the case of a determination by the Secretary under
paragraph (3)(A) that funds are necessary to immediately
initiate a project under a section 804 rapid acquisition
pathway, the Secretary shall notify the congressional defense
committees of the determination within 10 days after the date
of the use of such funds.
``(D) A notice under this paragraph shall include the
following:
``(i) Identification of the capability to be acquired.
``(ii) The amount anticipated to be expended for the
acquisition.
``(iii) The source of funds for the acquisition.
``(E) A notice under this paragraph shall fulfill any
requirement to provide notification to Congress for a program
(referred to as a `new start program`) that has not
previously been specifically authorized by law or for which
funds have not previously been appropriated.
``(F) A notice under this paragraph shall be provided in
consultation with the Director of the Office of Management
and Budget.
``(5) Limitation on officers with authority.--The authority
to make determinations under subparagraph (A), (B), or (C) of
paragraph (1) and under paragraph (3)(A) that funds are
necessary to immediately initiate a project under a section
804 rapid acquisition pathway, to designate a senior official
responsible under paragraph (3), and to provide notification
to the congressional defense committees under paragraph (4)
may be exercised only by the Secretary or Deputy Secretary of
Defense.
``(d) Authority to Waive Certain Laws and Regulations.--
``(1) Authority.--The Secretary or Deputy Secretary of
Defense, for a capability required to address the needs
described in subsection (c)(1) or, upon a determination
described in subsection (c)(1), and the senior official
designated in accordance with subsection (c)(2), with respect
to that designation, is authorized to waive any provision of
law or regulation addressing--
``(A) the establishment of a requirement or specification
for the capability to be acquired;
``(B) the research, development, test, and evaluation of
the capability to be acquired;
``(C) the production, fielding, and sustainment of the
capability to be acquired; or
``(D) the solicitation, selection of sources, and award of
the contracts for procurement of the capability to be
acquired.
``(2) Limitations.--Nothing in this subsection authorizes
the waiver of--
``(A) the requirements of this section;
``(B) any provision of law imposing civil or criminal
penalties; or
``(C) any provision of law governing the proper expenditure
of appropriated funds.
``(e) Operational Assessments.--
``(1) In general.--The process prescribed under subsection
(b)(2)(A) for demonstrating performance and evaluating the
current operational performance of a capability proposed
pursuant to subsection (b)(1)(B) shall include the following:
``(A) An operational assessment in accordance with
procedures prescribed by the Director of Operational Test and
Evaluation.
``(B) A requirement to provide information about any
deficiency of the capability in meeting the original
requirements for the capability (as stated in a statement of
the urgent operational need or similar document) to the
deployment decision-making authority.
``(2) Limitation.--The process may not include a
requirement for any deficiency of capability identified in
the operational assessment to be the determining factor in
deciding whether to deploy the capability.
``(3) Director of operational test and evaluation access.--
If a capability is deployed under the procedures prescribed
pursuant to this section, or under any other authority,
before operational test and evaluation of the capability is
completed, the Director of Operational Test and Evaluation
shall have access to operational records and data relevant to
such capability in accordance with section 139(e)(3) of this
title for the purpose of completing operational test and
evaluation of the capability. Such access shall be provided
in a time and manner determined by the Secretary of Defense
consistent with requirements of operational security and
other relevant operational requirements.``.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle A, and at the beginning of part V of
subtitle A, of title 10, United States Code, are each amended
by striking the item relating to chapter 253 and inserting
the following:
``253. Rapid Acquisition Procedures............................3601....
(c) Conforming Repeals.--The following provisions of law
are repealed:
(1) Section 804 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383).
(2) Section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314).
SEC. 805. ACQUISITION REPORTING SYSTEM.
(a) In General.--The Secretary of Defense shall institute a
defense acquisition reporting system to replace the
requirements of section 4351 of title 10, United States Code,
as soon as practicable but not later than June 30, 2023.
(b) Elements.--The reporting system required under
subsection (a) may include such elements as determined by the
Secretary to support the acquisition information reporting
needs of the Department, and at a minimum shall--
(1) continue to produce the information necessary to carry
out the actions specified in chapter 325 of title 10, United
States Code;
(2) continue to produce the information necessary to carry
out the actions specified in sections 4217 and 4311 of the
Atomic Energy Defense Act (50 U.S.C. 2537, 2577);
(3) incorporate the findings of section 805 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81); and
(4) provide the congressional defense committees and other
designated Government entities with access to updated
acquisition reporting on a not less than quarterly basis.
[[Page S6112]]
SEC. 806. MODIFICATION OF REPORTING REQUIREMENT IN CONNECTION
WITH REQUESTS FOR MULTIYEAR PROCUREMENT
AUTHORITY FOR LARGE DEFENSE ACQUISITIONS.
Section 3501(i)(2) of title 10, United States Code, is
amended--
(1) by striking ``shall include in the request the
following:`` and all that follows through ``(A) A report``
and inserting ``shall include in the request a report``; and
(2) by striking subparagraph (B).
SEC. 807. MODIFICATION OF LIMITATION ON CANCELLATION OF
DESIGNATION OF EXECUTIVE AGENT FOR A CERTAIN
DEFENSE PRODUCTION ACT PROGRAM.
Section 226 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1335) is
amended--
(1) in subsection (a), by striking ``The Secretary`` and
inserting ``Except as provided for under subsection (e), the
Secretary``;
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Designation of Other Executive Agents.--The Secretary
of Defense may designate other Executive Agents within the
Department to implement Defense Production Act transactions
entered into under the authority of sections 4002, 4003 and
4004 of title 10, United States Code.``.
SEC. 808. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION
PROGRAMS AND RELATED EFFORTS.
(a) In General.--Section 3072 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``initiatives`` and
inserting ``efforts``;
(2) by striking ``initiatives`` each place it appears and
inserting ``efforts``;
(3) in subsection (a), by striking ``through 2023`` and
inserting ``through 2026``; and
(4) in subsection (c), in the subsection heading, by
striking ``Initiatives`` and inserting ``Efforts``.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 203 of title 10, United States Code, is
amended in the item relating to section 3072 by striking
``initiatives`` and inserting ``efforts``.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE
ORDER MANDATES.
(a) In General.--Section 3862 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``:
certification``;
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new
subsection:
``(c) Treatment of Certain Clauses Implementing Executive
Order Mandates.--(1) The insertion of a covered clause into
an existing Department of Defense contract, order, or other
transaction shall be treated as a change directed by the
contracting officer pursuant to, and subject to, the Changes
clause of the underlying contractual instrument.
``(2) In this subsection, the term `covered clause` means
any clause implementing the requirements of an Executive
order issued by the President.``; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the subsection heading, by striking ``Definition``
and inserting ``Definitions``;
(B) by striking ``section, the term`` and inserting the
following: ``section:
``(1) The term``; and
(C) by adding at the end the following new paragraph:
``(2) The term `Changes clause` means the clause described
in part 52.243-4 of the Federal Acquisition Regulation or any
successor regulation.``.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 281 of title 10, United States Code, is
amended by striking the item relating to section 3862 and
inserting the following:
``3862. Requests for equitable adjustment or other relief.
(c) Conforming Regulations.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall revise the Department of Defense Supplement to
the Federal Acquisition Regulation to conform with the
amendments to section 3862 of title 10, United States Code,
made by subsection (a).
(d) Conforming Policy Guidance.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Defense shall revise applicable policy guidance on other
transactions to conform with the amendments to section 3862
of title 10, United States Code, made by subsection (a).
SEC. 822. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR MAJOR
WEAPON SYSTEMS.
(a) Amendments Relating to Subsystems of Major Weapons
Systems.--Section 3455(b) of title 10, United States Code is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ``(1)`` before ``A subsystem of a major
weapon system``; and
(3) by adding at the end the following new paragraph:
``(2) For subsystems proposed as commercial as defined in
section 103(1) of title 41 and that have not been previously
determined commercial in accordance with section 3703(d) of
this title, the offeror shall be required to identify the
comparable commercial product that is customarily used by the
general public or non-governmental entities that serves as
the basis for the `of a type` assertion. The offeror shall
submit a comparison of the essential physical characteristics
and functionality between the proposed `of a type` product
and the comparable commercial product in support of the `of a
type` assertion. The offeror shall also provide the National
Stock Numbers for both the comparable commercial product used
by the general public, if one is assigned, and the product
proposed to meet the Government`s requirement, if one is
assigned.``.
(b) Amendments Relating to Components and Spare Parts.--
Section 3455(c) of such title is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) For components or spare parts proposed as commercial
as defined in section 103(1) of title 41 and that have not
previously been determined commercial in accordance with
section 3703(d) of this title, the offeror shall be required
to identify the comparable commercial product that is
customarily used by the general public or non-governmental
entities that serves as the basis for the `of a type`
assertion. The offeror shall submit a comparison of the
essential physical characteristics and functionality between
the proposed `of a type` product and the comparable
commercial product in support of the `of a type` assertion.
The offeror shall also provide the National Stock Numbers for
both the comparable commercial product used by the general
public, if one is assigned, and the product proposed to meet
the Government`s requirement, if one is assigned.``; and
(3) in paragraph (3), as so redesignated--
(A) by striking ``only``; and
(B) by striking ``on which the prime contractor adds no, or
negligible, value``.
(c) Amendments Relating to Information Submitted.--Section
3455(d) of such title is amended--
(1) in the subsection heading, by inserting after
``Submitted`` the following: ``for Procurements That Are Not
Covered by the Exceptions in Section 3703(a)(1) of This
Title``;
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``the contracting officer shall require the offeror to
submit--`` and inserting ``the offeror shall be required, on
an unredacted basis, to submit to the contracting officer or
provide access to--``;
(B) in subparagraph (A)--
(i) by inserting ``all`` before ``prices paid``; and
(ii) by inserting ``, and the terms and conditions,`` after
``terms and conditions``;
(C) in subparagraph (B)--
(i) by striking clauses (ii), (iii), and (iv); and
(ii) by striking ``information on--`` and all that follows
through ``terms and conditions;`` and inserting ``information
on all prices for the same or similar items sold under
different terms and conditions, and the terms and conditions;
and``; and
(D) in subparagraph (C), by inserting after
``reasonableness of price`` the following: ``because either
the comparable products provided by the offeror are not a
valid basis for a price analysis or the contracting officer
determines the proposed price is not reasonable after
evaluating sales data``; and
(3) by adding at the end the following new paragraph:
``(4) A request for cost data under paragraph (1)(C) must
be approved at a level above the contracting officer.``.
SEC. 823. TASK AND DELIVERY ORDER CONTRACTING FOR
ARCHITECTURAL AND ENGINEERING SERVICES.
Section 3406 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Architectural and Engineering Services.--(1) Task or
delivery orders for architectural and engineering services
issued under section 3403 or 3405 of this title shall be
qualification-based selections executed in accordance with
chapter 11 of title 40.
``(2) When issuing a task or delivery orders for
architectural and engineering services under a multiple award
contract, the head of an agency shall not routinely request
additional information from contractors, but may request
additional information or conduct discussions with
contractors when available information is insufficient, in
order to determine the most highly qualified contractor to
perform the work in accordance with chapter 11 of title
40.``.
SEC. 824. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT
AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note
prec.) is amended--
(1) in subsection (a), by striking ``six-year pilot
program`` and inserting ``seven-year pilot program``; and
(2) in subsection (g), by striking ``six years`` and
inserting ``seven years``.
SEC. 825. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING
PROCESSES.
Section 890(c) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2306a note) is amended by striking ``January 2,
2023`` and inserting ``January 2, 2024``.
[[Page S6113]]
SEC. 826. EXTENSION OF NEVER CONTRACT WITH THE ENEMY.
Section 841(n) of the National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3455) is
amended by striking ``December 31, 2023`` and inserting
``December 31, 2025``.
SEC. 827. PROGRESS PAYMENT INCENTIVE PILOT.
(a) Pilot Program.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, shall establish and implement a pilot program,
to be known as the ``Progress Payment Incentive Pilot
Program``, to make accelerated progress payments contingent
upon responsiveness to Department of Defense goals for
effectiveness, efficiency, and increasing small business
contract opportunities.
(b) Purpose.--The purpose of the pilot program is to reward
Department of Defense contractors who meet contract delivery
dates, respond to Department solicitations for required
certified cost or pricing data, meet small business
contracting goals, and provide subcontracting opportunities
for AbilityOne contracts.
(c) Progress Payments.--
(1) Limitations for large contractors.--Except as provided
under paragraph (2), under the pilot program, the Department
of Defense may not award to large business contractors
progress payments in excess of 50 percent.
(2) Exceptions.--The Department of Defense may increase the
rate of progress payments, up to a total of 95 percent, by
the following percentages:
(A) 10 percent if the relevant division of the contractor
met contract delivery dates for contract end items and
contract data requirement lists or performance milestone
schedule, as the case may be, at least 95 percent of the time
during the preceding Government fiscal year.
(B) 10 percent if the division does not have open level III
or IV corrective action requests.
(C) 10 percent if all applicable contractor business
systems are acceptable, without significant deficiencies.
(D) 7.5 percent if at least 95 percent of the time during
the preceding Government fiscal year, when responding to
solicitations that required submission of certified cost or
pricing data, the division met the due date in the request
for proposal.
(E) 5 percent if the contractor has met its small business
subcontracting goals during the preceding Government fiscal
year.
(F) 2.5 percent if the contractor has provided
subcontracting opportunities for the blind and severely
disabled.
(d) Sunset.--The authority to make accelerated payments
under the pilot program shall terminate on the date that is
four years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2023.
(e) Definitions.--In this section:
(1) Large defense contractor.--The term ``large defense
contractor`` means a contractor (other than an institution of
higher education or a federally funded research and
development center) that received more than $10,000,000 in
annual revenue from the Department of Defense contracts or
licenses in any of the previous three years.
(2) Progress payments.--The term ``progress payments``
means payments provided for under section 3804 of title 10,
United States Code.
SEC. 828. REPORT ON DEPARTMENT OF DEFENSE STRATEGIC
CAPABILITIES OFFICE CONTRACTING CAPABILITIES.
(a) Report Required.--Not later than March 1, 2023, 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),
shall submit to the congressional defense committees a report
on the adequacy of SCO contracting authorities.
(b) Elements.--The report required under subsection (a)
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
described in paragraph (1);
(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.
Subtitle C--Industrial Base Matters
SEC. 841. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO
ADDRESS SOURCING AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment and other appropriate officials, shall review the
items under subsection (c) to determine and develop
appropriate actions, consistent with the policies, programs,
and activities required under subpart I of part V of subtitle
A of title 10, United States Code, chapter 83 of title 41,
United States Code, and the Defense Production Act of 1950
(50 U.S.C. 4501 et seq.), including--
(A) restricting procurement, with appropriate waivers for
cost, emergency requirements, and non-availability of
suppliers, including restricting procurement to--
(i) suppliers in the United States;
(ii) suppliers in the national technology and industrial
base (as defined in section 4801 of title 10, United States
Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment through use of research and
development or procurement activities and acquisition
authorities to--
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for addressing
military requirements;
(C) prohibiting procurement from selected sources or
nations;
(D) taking a combination of actions described under
subparagraphs (A), (B), and (C); or
(E) taking no action.
(2) Considerations.--The analyses conducted pursuant to
paragraph (1) shall consider national security, economic, and
treaty implications, as well as impacts on current and
potential suppliers of goods and services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Interim brief.--Not later than January 15, 2024, the
Secretary of Defense shall submit to the congressional
defense committees--
(A) a summary of the findings of the analyses undertaken
for each item pursuant to subsection (a);
(B) relevant recommendations resulting from the analyses;
and
(C) descriptions of specific activities undertaken as a
result of the analyses, including schedule and resources
allocated for any planned actions.
(2) Reporting.--The Secretary of Defense shall include the
analyses conducted under subsection (a), and any relevant
recommendations and descriptions of activities resulting from
such analyses, as appropriate, in each of the following
submitted during the 2024 calendar year:
(A) The annual or quarterly reports to Congress required
under section 4814 of title 10, United States Code.
(B) The annual report on unfunded priorities of the
national technology and industrial base required under
section 4815 of such title.
(C) Department of Defense technology and industrial base
policy guidance prescribed under section 4811(c) of such
title.
(D) Activities to modernize acquisition processes to ensure
the integrity of the industrial base pursuant to section 4819
of such title.
(E) Defense memoranda of understanding and related
agreements considered in accordance with section 4851 of such
title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant statutes
which the Department shall consider, develop, and submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
not less frequently than once per fiscal year.
(H) Other actions as the Secretary of Defense determines
appropriate.
(c) List of Goods and Services for Analyses,
Recommendations, and Actions.--The items described in this
subsection are the following:
(1) Solar components for satellites.
(2) Satellite ground station service contracts.
SEC. 842. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE
PROCUREMENT OF GOODS OTHER THAN UNITED STATES
GOODS.
Section 4864 of title 10, United States Code, is amended by
inserting after subsection (j) the following new subsection:
``(k) Periodic Review Requirement.--
``(1) Required determination.--Not later than November 1,
2024, and every five years thereafter, the Under Secretary of
Defense for Acquisition and Sustainment shall review each
item described in subsections (a) and (e) of this section and
make and submit to the congressional defense committees a
written determination with one of the following
recommendations:
``(A) Recommend continued inclusion of the item under this
section.
``(B) Recommend continued inclusion of the item under this
section with modifications.
``(C) Recommend discontinuing inclusion of the item under
this section.
``(2) Elements.--The review required under paragraph (1)
shall include the following elements for the most recent
five-year period:
``(A) The criticality of the item to a military unit`s
mission accomplishment or other national security objectives.
``(B) The extent to which such item is fielded in current
programs of record.
``(C) The number of such items to be procured by current
programs of record.
``(D) The extent to which cost and pricing data for such
item has been deemed fair and reasonable.
``(3) Justification.--The determination required under
paragraph (1) shall also include the findings of the review
conducted under
[[Page S6114]]
such paragraph and other key justifications for the
determination.``.
SEC. 843. DEMONSTRATION EXERCISE OF ENHANCED PLANNING FOR
INDUSTRIAL MOBILIZATION AND SUPPLY CHAIN
MANAGEMENT.
(a) Demonstration Exercise Required.--Not later than
December 31, 2024, the Secretary of Defense shall conduct a
demonstration exercise of industrial mobilization and supply
chain management planning capabilities in support of 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 demonstration exercise shall identify a
current program that is both fielded and still in production
from each military service, Defense Agency, and Department of
Defense Field Activity in order to model a notional plan for
mobilization or supply chain management, as associated with
the selected operational or contingency plan.
(b) Elements.--The demonstration exercise required under
subsection (a) shall include the following elements:
(1) The exercise of processes and authorities that support
the Department for industrial mobilization in support of
declared hostilities or other contingency operations.
(2) The identification of process improvements or gaps in
resources, capabilities, or authorities that require
remediation, including those related to government or
contractor production facilities, tooling, or workforce
development.
(3) The implementation of analytical tools and processes to
monitor and assess the health of the industrial base and use
near real-time data and visualization capabilities in making
production and distribution decisions, with an emphasis on
identifying, assessing, and demonstrating commercially
available tools.
(4) The establishment and tracking of goals and metrics to
support institutionalization of defense industrial base
health assessment and planning.
(c) Briefing Required.--Not later than November 1, 2023,
the Secretary shall provide to the congressional defense
committees an interim briefing on the demonstration exercise
required under subsection (a), including--
(1) an identification of the programs and use cases to be
demonstrated;
(2) a description of methodology for executing the
demonstration exercise, including analytical tools or metrics
identified to support the process; and
(3) any preliminary findings.
(d) Assessment.--Not later than March 1, 2025, the
Secretary shall submit to the congressional defense
committees a final assessment report of the demonstration
exercise, including a description of--
(1) the use cases considered in this demonstration
exercise;
(2) the elements required under subsection (b);
(3) outcomes and conclusions;
(4) lessons learned; and
(5) any recommendations for legislative action that may be
required as a result.
(e) Definitions.--In this section, the terms ``military
department``, ``Defense Agency``, and Defense Field
Activity`` have the meanings given those terms in section 101
of title 10, United States Code.
SEC. 844. PROCUREMENT REQUIREMENTS RELATING TO RARE EARTH
ELEMENTS AND STRATEGIC AND CRITICAL MATERIALS.
(a) Disclosures Concerning Rare Earth Elements and
Strategic and Critical Materials by Contractors of Department
of Defense.--
(1) Requirement.--Beginning on the date that is 30 months
after the date of the enactment of this Act, the Secretary of
Defense shall require that any contractor that provides to
the Department of Defense a system with a permanent magnet
that contains rare earth elements or strategic and critical
materials disclose, along with delivery of the system, the
provenance of the magnet.
(2) Elements.--A disclosure under paragraph (1) shall
include an identification of the country or countries in
which--
(A) any rare earth elements and strategic and critical
materials used in the magnet were mined;
(B) such elements and minerals were refined into oxides;
(C) such elements and minerals were made into metals and
alloys; and
(D) the magnet was sintered or bonded and magnetized.
(3) Implementation of supply chain tracking system.--If a
contractor cannot make the disclosure required by paragraph
(1) with respect to a system described in that paragraph, the
Secretary shall require the contractor to establish and
implement a supply chain tracking system in order to make the
disclosure not later than 180 days after providing the system
to the Department of Defense.
(4) Waivers.--
(A) In general.--The Secretary may waive a requirement
under paragraph (1) or (3) with respect to a system described
in paragraph (1) for a period of not more than 180 days if
the Secretary certifies to the Committees on Armed Services
of the Senate and the House of Representatives that--
(i) the continued procurement of the system is necessary to
meet the demands of a national emergency declared under
section 201 of the National Emergencies Act (50 U.S.C. 1621);
or
(ii) the contractor cannot currently make the disclosure
required by paragraph (1) but is making significant efforts
to comply with the requirements of that paragraph.
(B) Waiver renewals.--The Secretary--
(i) may renew a waiver under subparagraph (A)(i) as many
times as the Secretary considers appropriate; and
(ii) may not renew a waiver under subparagraph (A)(ii) more
than twice.
(5) Briefing required.--Not later than 30 days after the
submission of each report required by subsection (c)(3), the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing that includes--
(A) a summary of the disclosures made under this
subsection;
(B) an assessment of the extent of reliance by the United
States on foreign countries, and especially countries that
are not allies of the United States, for rare earth elements
and strategic and critical materials;
(C) a determination with respect to which systems described
in paragraph (1) are of the greatest concern for
interruptions of supply chains with respect to rare earth
elements and strategic and critical materials; and
(D) any suggestions for legislation or funding that would
mitigate security gaps in such supply chains.
(b) Expansion of Restrictions on Procurement of Military
and Dual-use Technologies by Chinese Military Companies.--
Section 1211 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 4651 note
prec.) is amended--
(1) in the section heading, by striking ``communist chinese
military companies`` and inserting ``chinese military
companies``;
(2) in subsection (a), by inserting after ``military
company`` the following: ``, any Chinese military company, or
any Non-SDN Chinese military-industrial complex company``;
(3) by amending subsection (b) to read as follows:
``(b) Goods and Services Covered.--
``(1) In general.--For purposes of subsection (a), and
except as provided in paragraph (2), the goods and services
described in this subsection are goods and services--
``(A) on the munitions list of the International Traffic in
Arms Regulations; or
``(B) on the Commerce Control List that--
``(i) are classified in the 600 series; or
``(ii) contain strategic and critical materials, rare earth
elements, or energetic materials used to manufacture missiles
or munitions.
``(2) Exceptions.--Goods and services described in this
subsection do not include goods or services procured--
``(A) in connection with a visit by a vessel or an aircraft
of the United States Armed Forces to the People`s Republic of
China;
``(B) for testing purposes; or
``(C) for purposes of gathering intelligence.``; and
(4) in subsection (e)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2) as paragraphs
(3) and (5), respectively;
(C) by inserting before paragraph (3), as redesignated by
subparagraph (B), the following:
``(1) The term `Chinese military company` has the meaning
given that term by section 1260H(d)(1) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note).
``(2) The term `Commerce Control List` means the list
maintained by the Bureau of Industry and Security and set
forth in Supplement No. 1 to part 774 of the Export
Administration Regulations.``;
(D) by inserting after paragraph (3), as so redesignated,
the following:
``(4) The term `Export Administration Regulations` has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).``; and
(E) by adding at the end the following:
``(6) The term `Non-SDN Chinese military-industrial complex
company` means any entity on the Non-SDN Chinese Military-
Industrial Complex Companies List--
``(A) established pursuant to Executive Order 13959 (50
U.S.C. 1701 note; relating to addressing the threat from
securities investments that finance Communist Chinese
military companies), as amended before, on, or after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2023; and
``(B) maintained by the Office of Foreign Assets Control of
the Department of the Treasury.
``(7) The term `strategic and critical materials` means
materials designated as strategic and critical under section
3(a) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98b(a)).``.
(c) Review of Compliance With Contracting Requirements.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and periodically thereafter until
the termination date specified in paragraph (5), the
Comptroller General of the United States shall assess the
extent of the efforts of the Department of Defense to comply
with the requirements of--
(A) subsection (a);
(B) section 1211 of the National Defense Authorization Act
for Fiscal Year 2006, as amended by subsection (b); and
(C) section 4872 of title 10, United States Code.
[[Page S6115]]
(2) Briefing required.--The Comptroller General shall
periodically, until the termination date specified in
paragraph (5), provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the
results of the assessments conducted under paragraph (1) that
includes an assessment of--
(A) the inclusion by the Department of Defense of necessary
contracting clauses in relevant contracts to meet the
requirements described in subparagraphs (A), (B), and (C) of
paragraph (1); and
(B) the efforts of the Department of Defense to assess the
compliance of contractors with such clauses.
(3) Report required.--The Comptroller General shall, not
less frequently than every 2 years until the termination date
specified in paragraph (5), submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the results of the assessments conducted under
paragraph (1) that includes an assessment of--
(A) the inclusion by the Department of Defense of necessary
contracting clauses in relevant contracts to meet the
requirements described in subparagraphs (A), (B), and (C) of
paragraph (1); and
(B) the efforts of the Department of Defense to assess the
compliance of contractors with such clauses.
(4) Referral.--If, in conducting an assessment under
paragraph (1), the Comptroller General determines that a
contractor has failed to comply with any of the requirements
described in subparagraphs (A), (B), and (C) of paragraph
(1), the Comptroller General shall refer the matter to the
Department of Justice, relevant Inspectors General, or other
enforcement agencies, as appropriate, for further examination
and possible enforcement actions.
(5) Termination.--The requirements of this subsection shall
terminate on the date that is 10 years after the date of the
enactment of this Act.
(d) Strategic and Critical Materials Defined.--In this
section, the term ``strategic and critical materials`` means
materials designated as strategic and critical under section
3(a) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98b(a)).
SEC. 845. MODIFICATION TO THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
Section 4801(1) of title 10, United States Code, is amended
by inserting ``New Zealand,`` after ``Australia,``.
SEC. 846. MODIFICATION OF PROHIBITION ON OPERATION OR
PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS.
Section 848(d)(1) of the National Defense Authorization Act
for Fiscal Year 2020 (10 U.S.C. 4871 note; Public Law 116-92)
is amended by striking ``means the People`s Republic of
China.`` and inserting ``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.``.
SEC. 847. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR
MUNITIONS.
(a) Briefing on Fulfillment of Munitions Requirements.--Not
later than 30 days after the date of the enactment of this
Act, the Secretary of Defense and the Chairman of the Joint
Chiefs of Staff shall deliver a briefing to the congressional
defense committees regarding the current process for
fulfilling the requirements of section 222c of title 10,
United States Code, in a timely fashion with standardization
across the Department of Defense.
(b) Annual Report on Industrial Base Constraints for
Munitions.--
(1) In general.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 222c the following new
section:
``Sec. 222d. Annual report on industrial base constraints for
munitions
``(a) In General.--Not later than 30 days after the
submission of all reports required under section 222c(a) of
this title, the Under Secretary of Defense for Acquisition
and Sustainment, in coordination with the Service Acquisition
Executive for each military service, shall submit to the
congressional defense committees a report setting forth in
detail the industrial base constraints for each munition
identified in the Out-Year Unconstrained Total Munitions
Requirement.
``(b) Elements.--The report required under subsection (a)
shall include the following elements, by munition:
``(1) Programmed purchase quantities per year.
``(2) Average procurement unit cost per year.
``(3) Contract type.
``(4) Current minimum sustaining rate of production per
month and year.
``(5) Current maximum rate of production per month and
year.
``(6) Expected date to meet the total requirement in
section 222c of this title under the current programmed
purchase profile.
``(7) A description of industrial base constraints on
increased production.
``(8) A description of investments or policy changes made
by the contractor to increase production, enable more
efficient production, or mitigate significant loss of
stability in potential production.
``(9) A description of investments or policy changes made
by the United States Government to increase production,
enable more efficient production, or mitigate significant
loss of stability in potential production.
``(10) A description of potential investments or policy
changes identified by the contractor or the United States
Government to increase production, enable more efficient
production, or mitigate significant loss of stability in
potential production.
``(11) A list of contracts for munitions with DX or DO
ratings under the Defense Priorities and Allocations System.
``(12) A prioritized list of munitions or capabilities
judged to have high value for export for which additional
work would be necessary to enable export, including a
description of required investments to enhance exportability.
``(c) Working Definition of Munition.--The Under Secretary
may define munition for the purposes of this section given
the multiple subtypes of munitions.``.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of title 10, United States Code, is
amended by inserting after the item relating to section 222c
the following new item:
``222d. Annual report on industrial base constraints for munitions.
Subtitle D--Small Business Matters
SEC. 861. MODIFICATIONS TO THE DEFENSE RESEARCH AND
DEVELOPMENT RAPID INNOVATION PROGRAM.
(a) In General.--Section 4061 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``fielding of
technologies developed pursuant to phase II Small Business
Innovation Research Program projects, phase II Small Business
Technology Transfer Program projects`` and inserting
``fielding of technologies developed pursuant to other
programs within the Department of Defense or the Federal
Government to mature fundamental or applied technology``;
(2) in subsection (b)--
(A) by striking the first sentence and inserting the
following: ``The Secretary shall direct the Director of the
Office of Small Business Programs to issue guidelines for the
operation of the program in coordination with the Under
Secretary of Defense for Research and Engineering.``;
(B) by striking paragraph (3) and redesignating paragraphs
(4) through (7) as paragraphs (3) through (6), respectively;
(C) in paragraph (1), by adding at the end the following:
``This may include candidate proposals that have been
previously selected through other agency competitive
procedures.``;
(D) in paragraph (2), by adding at the end the following:
``Projects that have been selected through this competitive
process are eligible to receive sole-source awards
subsequently for production or integration into a system of
record.``;
(E) in paragraph (3), as redesignated by subparagraph (B),
by striking ``No project shall receive more than a total of
two years of funding under the program`` and inserting
``Projects may be funded to develop an initial concept (Phase
I), mature a technology (Phase II), or integrate the
technology in a system of record or operational environment
(Phase III). No project shall receive more than a total of
one year of funding under the program for Phase I, four years
for Phase II, or three years for Phase III``;
(F) in paragraph (6), as so redesignated, by inserting
``and universities that make proposals with significant small
business participation`` after ``small business concerns``;
and
(G) by adding at the end the following new paragraph:
``(7) A requirement that no agreement may be entered into
unless the Secretary of the military department concerned
certifies in writing that the successful transition of the
program to Phase III and into the acquisition process is
expected to meet high priority military requirements of such
military department.``;
(3) in subsection (c), by inserting ``congressional``
before ``earmark``;
(4) by amending subsection (d) to read as follows:
``(d) Funding.--(1) Not less than 3.2 percent of the
extramural budget for research, development, test, and
evaluation of the Department of Defense in excess of
$100,000,000 shall be used to field technologies under the
program.
``(2) Up to 0.5 percent of the amount required under
paragraph (1) may be used to cover administrative costs
associated with the program.``; and
(5) by adding at the end the following new subsection:
``(f) Goal for Technology Insertion.--The Director of the
Office of Small Business Programs shall--
``(1) set a goal to increase the number of contracts
awarded by the Secretary that lead to technology transition
into programs of record or fielded systems;
``(2) use incentives in effect on December 31, 2021, or
create new incentives, to encourage agency program managers
and prime contractors to meet the goal under paragraph (1);
and
``(3) submit to the congressional defense committees --
``(A) the number and percentage of contracts awarded by the
Secretary that led to technology transition into programs of
record or fielded systems;
``(B) information on the status of each project that
received funding the program and efforts to transition those
projects into programs of record or fielded systems; and
[[Page S6116]]
``(C) a description of each incentive that has been used by
the Secretary under paragraph (2) and the effectiveness of
that incentive with respect to meeting the goal under
paragraph (1).``.
(b) Public-private Partnership Technology Investment Pilot
Program.--
(1) In general.--Chapter 303 of title 10, United States
Code, is amended by inserting after section 4062 the
following new section:
``Sec. 4063. Public-private partnership technology investment
pilot program
``(a) Establishment.--(1) Subject to the availability of
appropriations for this purpose, the Secretary of Defense
shall, acting through the Under Secretary of Defense for
Research and Engineering and in coordination with the Under
Secretary of Defense for Acquisition and Sustainment, carry
out a pilot program, for no less than five years, to
accelerate the development of advanced technology for
national security by creating incentives for trusted private
capital to invest in domestic small businesses or
nontraditional businesses that are developing technology that
the Secretary considers necessary to support the
modernization of the Department of Defense and national
security priorities.
``(2) The purposes of the program required by paragraph (1)
are as follows:
``(A) To promote the global superiority of the United
States in advanced technologies of importance to national
security, which are not adequately supported by private
sector investment.
``(B) To accelerate the transition and deployment of
advanced technologies into the Armed Forces.
``(C) To inform Department investment through coordinating
planning consideration, technology roadmaps, and other
analysis, as appropriate.
``(b) Public-private Partnership.--(1) In carrying out
subsection (a), the Secretary shall enter into a public-
private partnership with one or more for-profit persons using
criteria that the Secretary shall establish for purposes of
this subsection.
``(2) The criteria established under paragraph (1) for
entering into a public-private partnership with a person
shall include the following:
``(A) The person shall be independent.
``(B) The person shall be free from foreign oversight,
control, influence, or beneficial ownership.
``(C) The person shall have commercial private capital fund
experience with technology development in the defense and
commercial sectors.
``(D) The person shall be eligible for access to classified
information (as defined in the procedures established
pursuant to section 801(a) of the National Security Act of
1947 (50 U.S.C. 3161(a))).
``(3) The Secretary and a person with whom the Secretary
enters a partnership under paragraph (1) shall enter into an
operating agreement that sets forth the roles,
responsibilities, authorities, reporting requirements, and
governance framework for the partnership and its operations.
``(c) Investment and Raising of Capital.--(1)(A) Pursuant
to a public-private partnership entered into under subsection
(b), a person with whom the Secretary has entered the
partnership shall invest equity in domestic small businesses
or nontraditional businesses consistent with subsection (a).
``(B) Investments under subparagraph (A) shall be selected
based on their technical merit, economic considerations, and
ability to support modernization goals of the Department.
``(2) Pursuant to a public-private partnership entered into
under subsection (b), a person described in paragraph (1)(A)
shall, in order to support investment of equity under
paragraph (1), raise private capital only from trusted
capital sources.
``(3) A person described in subparagraph (A) shall have
sole authority to raise funds for, operate, manage, and
invest capital raised under such subparagraph.
``(d) Briefings.--(1) Not later than one year after the
date of the enactment of this section, the Secretary shall
provide to the congressional defense committees--
``(A) a briefing on the implementation of this section; and
``(B) a report on the feasibility of implementing loan
guarantees as an aspect to enhance the effectiveness of this
program, including--
``(i) a detailed description of how loan guarantees would
be vetted, approved, and managed, including mechanisms to
protect the government`s interests; and
``(ii) how such loan guarantees would be coordinated with
other government invest mechanisms or other private sector
financing.
``(2) Not later than five years after the date of the
enactment of this section, the Secretary shall provide the
congressional defense committees a briefing on the outcomes
of the pilot program and the feasibility and advisability of
making it permanent.
``(e) Definitions.--In this section:
``(1) The term `domestic business` has the meaning given
the term `U.S. business` in section 800.252 of title 31, Code
of Federal Regulations, or successor regulation.
``(2) The term `domestic small businesses or nontraditional
businesses` means--
``(A) a small businesses that is a domestic business; or
``(B) a nontraditional business that is a domestic
business.
``(3) The term `free from foreign oversight, control,
influence, or beneficial ownership`, with respect to a
person, means a person who has not raised and managed capital
from a person or entity that is not trusted and is otherwise
free from foreign oversight, control, influence, or
beneficial ownership.
``(4) The term `independent`, with respect to a person,
means a person who lacks a conflict of interest accomplished
by not having entity or manager affiliation or ownership with
an existing fund.
``(5) The term `nontraditional business` has the meaning
given the term `nontraditional defense contractors` in
section 3014 of this title.
``(6) The term `small business` has the meaning given the
term `small business concern` in section 3 of the Small
Business Act (15 U.S.C. 632).``.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4062 the following new item:
``4063. Public-private partnership technology investment program.
SEC. 862. PERMANENT EXTENSION AND MODIFICATION OF MENTOR-
PROTEGE PROGRAM.
(a) Permanent Extension and Modification.--Chapter 387 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 4902. Mentor-Protege Program
``(a) Establishment of Program.--The Secretary of Defense
shall establish a program to be known as the `Mentor-Protege
Program`.
``(b) Purpose.--The purpose of the program is to provide
incentives for major Department of Defense contractors to
furnish disadvantaged small business concerns with assistance
designed to--
``(1) enhance the capabilities of disadvantaged small
business concerns to perform as subcontractors and suppliers
under Department of Defense contracts and other contracts and
subcontracts; and
``(2) increase the participation of such business concerns
as subcontractors and suppliers under Department of Defense
contracts, other Federal Government contracts, and commercial
contracts.
``(c) Program Participants.--(1) A business concern meeting
the eligibility requirements set out in subsection (d) may
enter into agreements under subsection (e) and furnish
assistance to disadvantaged small business concerns upon
making application to the Secretary of Defense and being
approved for participation in the program by the Secretary. A
business concern participating in the program pursuant to
such an approval shall be known, for the purposes of the
program, as a `mentor firm`.
``(2) A disadvantaged small business concern eligible for
the award of Federal contracts may obtain assistance from a
mentor firm upon entering into an agreement with the mentor
firm as provided in subsection (e). A disadvantaged small
business concern may not be a party to more than one
agreement concurrently, and the authority to enter into
agreements under subsection (e) shall only be available to
such concern during the 5-year period beginning on the date
such concern enters into the first such agreement. A
disadvantaged small business concern receiving such
assistance shall be known, for the purposes of the program,
as a `protege firm`.
``(3) In entering into an agreement pursuant to subsection
(e), a mentor firm may rely in good faith on a written
representation of a business concern that such business
concern is a disadvantaged small business concern. The Small
Business Administration shall determine the status of such
business concern as a disadvantaged small business concern in
the event of a protest regarding the status of such business
concern. If at any time the business concern is determined by
the Small Business Administration not to be a disadvantaged
small business concern, assistance furnished such business
concern by the mentor firm after the date of the
determination may not be considered assistance furnished
under the program.
``(d) Mentor Firm Eligibility.--(1) Subject to subsection
(c)(1), a mentor firm may enter into an agreement with one or
more protege firms under subsection (e) and provide
assistance under the program pursuant to that agreement if
the mentor firm--
``(A) is eligible for award of Federal contracts; and
``(B) demonstrates that it--
``(i) is qualified to provide assistance that will
contribute to the purpose of the program;
``(ii) is of good financial health and character and does
not appear on a Federal list of debarred or suspended
contractors; and
``(iii) can impart value to a protege firm because of
experience gained as a Department of Defense contractor or
through knowledge of general business operations and
government contracting, as demonstrated by evidence that--
``(I) during the fiscal year preceding the fiscal year in
which the mentor firm enters into the agreement, the total
amount of the Department of Defense contracts awarded such
mentor firm and the subcontracts awarded such mentor firm
under Department of Defense contracts was equal to or greater
than $100,000,000; or
``(II) the mentor firm demonstrates the capability to
assist in the development of protege firms, and is approved
by the Secretary of Defense pursuant to criteria specified in
the regulations prescribed pursuant to subsection (j).
[[Page S6117]]
``(2) A mentor firm may not enter into an agreement with a
protege firm if the Administrator of the Small Business
Administration has made a determination finding affiliation
between the mentor firm and the protege firm.
``(3) If the Administrator of the Small Business
Administration has not made such a determination and if the
Secretary has reason to believe (based on the regulations
promulgated by the Administrator regarding affiliation) that
the mentor firm is affiliated with the protege firm, the
Secretary shall request a determination regarding affiliation
from the Administrator of the Small Business Administration.
``(e) Mentor-protege Agreement.--Before providing
assistance to a protege firm under the program, a mentor firm
shall enter into a mentor-protege agreement with the protege
firm regarding the assistance to be provided by the mentor
firm. The agreement shall include the following:
``(1) A developmental program for the protege firm, in such
detail as may be reasonable, including--
``(A) factors to assess the protege firm`s developmental
progress under the program;
``(B) a description of the quantitative and qualitative
benefits to the Department of Defense from the agreement, if
applicable;
``(C) goals for additional awards that the protege firm can
compete for outside the Mentor-Protege Program; and
``(D) the assistance the mentor firm will provide to the
protege firm in understanding contract regulations of the
Federal Government and the Department of Defense (including
the Federal Acquisition Regulation and the Defense Federal
Acquisition Regulation Supplement) after award of a
subcontract under this section, if applicable.
``(2) A program participation term for any period of not
more than three years, except that the term may be a period
of up to five years if the Secretary of Defense determines in
writing that unusual circumstances justify a program
participation term in excess of three years.
``(3) Procedures for the protege firm to terminate the
agreement voluntarily and for the mentor firm to terminate
the agreement for cause.
``(f) Forms of Assistance.--A mentor firm may provide a
protege firm the following:
``(1) Assistance, by using mentor firm personnel, in--
``(A) general business management, including organizational
management, financial management, and personnel management,
marketing, and overall business planning;
``(B) engineering and technical matters such as production,
inventory control, and quality assurance; and
``(C) any other assistance designed to develop the
capabilities of the protege firm under the developmental
program referred to in subsection (e).
``(2) Award of subcontracts on a noncompetitive basis to
the protege firm under the Department of Defense or other
contracts.
``(3) Payment of progress payments for performance of the
protege firm under such a subcontract in amounts as provided
for in the subcontract, but in no event may any such progress
payment exceed 100 percent of the costs incurred by the
protege firm for the performance.
``(4) Advance payments under such subcontracts.
``(5) Loans.
``(6) Assistance obtained by the mentor firm for the
protege firm from one or more of the following--
``(A) small business development centers established
pursuant to section 21 of the Small Business Act (15 U.S.C.
648);
``(B) entities providing procurement technical assistance
pursuant to this chapter;
``(C) a historically Black college or university or a
minority institution of higher education; or
``(D) women`s business centers described in section 29 of
the Small Business Act (15 U.S.C. 656).
``(g) Incentives for Mentor Firms.--(1) The Secretary of
Defense may provide to a mentor firm reimbursement for the
total amount of any progress payment or advance payment made
under the program by the mentor firm to a protege firm in
connection with a Department of Defense contract awarded the
mentor firm.
``(2)(A) The Secretary of Defense may provide to a mentor
firm reimbursement for the costs of the assistance furnished
to a protege firm pursuant to paragraphs (1) and (6) of
subsection (f) (except as provided in subparagraph (D)) as
provided for in a line item in a Department of Defense
contract under which the mentor firm is furnishing products
or services to the Department, subject to a maximum amount of
reimbursement specified in such contract, except that this
sentence does not apply in a case in which the Secretary of
Defense determines in writing that unusual circumstances
justify reimbursement using a separate contract.
``(B) The determinations made in annual performance reviews
of a mentor firm`s mentor-protege agreement shall be a major
factor in the determinations of amounts of reimbursement, if
any, that the mentor firm is eligible to receive in the
remaining years of the program participation term under the
agreement.
``(C) The total amount reimbursed under this paragraph to a
mentor firm for costs of assistance furnished in a fiscal
year to a protege firm may not exceed $1,000,000, except in a
case in which the Secretary of Defense determines in writing
that unusual circumstances justify a reimbursement of a
higher amount.
``(D) The Secretary may not reimburse any fee assessed by
the mentor firm for services provided to the protege firm
pursuant to subsection (f)(6) or for business development
expenses incurred by the mentor firm under a contract awarded
to the mentor firm while participating in a joint venture
with the protege firm.
``(3)(A) Costs incurred by a mentor firm in providing
assistance to a protege firm that are not reimbursed pursuant
to paragraph (2) shall be recognized as credit in lieu of
subcontract awards for purposes of determining whether the
mentor firm attains a subcontracting participation goal
applicable to such mentor firm under a Department of Defense
contract, under a contract with another executive agency, or
under a divisional or company-wide subcontracting plan
negotiated with the Department of Defense or another
executive agency.
``(B) The amount of the credit given a mentor firm for any
such unreimbursed costs shall be equal to--
``(i) four times the total amount of such costs
attributable to assistance provided by entities described in
subsection (f)(6);
``(ii) three times the total amount of such costs
attributable to assistance furnished by the mentor firm`s
employees; and
``(iii) two times the total amount of any other such costs.
``(C) Under regulations prescribed pursuant to subsection
(j), the Secretary of Defense shall adjust the amount of
credit given a mentor firm pursuant to subparagraphs (A) and
(B) if the Secretary determines that the firm`s performance
regarding the award of subcontracts to disadvantaged small
business concerns has declined without justifiable cause.
``(4) A mentor firm shall receive credit toward the
attainment of a subcontracting participation goal applicable
to such mentor firm for each subcontract for a product or
service awarded under such contract by a mentor firm to a
business concern that, except for its size, would be a small
business concern owned and controlled by socially and
economically disadvantaged individuals, but only if--
``(A) the size of such business concern is not more than
two times the maximum size specified by the Administrator of
the Small Business Administration for purposes of determining
whether a business concern furnishing such product or service
is a small business concern; and
``(B) the business concern formerly had a mentor-protege
agreement with such mentor firm that was not terminated for
cause.
``(h) Relationship to Small Business Act.--(1) For purposes
of the Small Business Act (15 U.S.C. 631 et seq.), no
determination of affiliation or control (either direct or
indirect) may be found between a protege firm and its mentor
firm on the basis that the mentor firm has agreed to furnish
(or has furnished) to its protege firm pursuant to a mentor-
protege agreement any form of developmental assistance
described in subsection (f).
``(2) Notwithstanding section 8 of the Small Business Act
(15 U.S.C. 637), the Small Business Administration may not
determine a disadvantaged small business concern to be
ineligible to receive any assistance authorized under the
Small Business Act on the basis that such business concern
has participated in the Mentor-Protege Program or has
received assistance pursuant to any developmental assistance
agreement authorized under such program.
``(3) The Small Business Administration may not require a
firm that is entering into, or has entered into, an agreement
under subsection (e) as a protege firm to submit the
agreement, or any other document required by the Secretary of
Defense in the administration of the Mentor-Protege Program,
to the Small Business Administration for review, approval, or
any other purpose.
``(i) Participation in Mentor-protege Program Not to Be a
Condition for Award of a Contract or Subcontract.--A mentor
firm may not require a business concern to enter into an
agreement with the mentor firm pursuant to subsection (e) as
a condition for being awarded a contract by the mentor firm,
including a subcontract under a contract awarded to the
mentor firm.
``(j) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out the Mentor-Protege
Program. Such regulations shall include the requirements set
forth in section 8(d) of the Small Business Act (15 U.S.C.
637(d)) and shall prescribe procedures by which mentor firms
may terminate participation in the program. The Department of
Defense policy regarding the Mentor-Protege Program shall be
published and maintained as an appendix to the Department of
Defense Supplement to the Federal Acquisition Regulation.
``(k) Report by Mentor Firms.--To comply with section
8(d)(7) of the Small Business Act (15 U.S.C. 637(d)(7)), each
mentor firm shall submit a report to the Secretary not less
than once each fiscal year that includes, for the preceding
fiscal year--
``(1) all technical or management assistance provided by
mentor firm personnel for the purposes described in
subsection (f)(1);
``(2) any new awards of subcontracts on a competitive or
noncompetitive basis to the protege firm under Department of
Defense contracts or other contracts, including the value of
such subcontracts;
[[Page S6118]]
``(3) any extensions, increases in the scope of work, or
additional payments not previously reported for prior awards
of subcontracts on a competitive or noncompetitive basis to
the protege firm under Department of Defense contracts or
other contracts, including the value of such subcontracts;
``(4) the amount of any payment of progress payments or
advance payments made to the protege firm for performance
under any subcontract made under the Mentor-Protege Program;
``(5) any loans made by the mentor firm to the protege
firm;
``(6) all Federal contracts awarded to the mentor firm and
the protege firm as a joint venture, designating whether the
award was a restricted competition or a full and open
competition;
``(7) any assistance obtained by the mentor firm for the
protege firm from one or more--
``(A) small business development centers established
pursuant to section 21 of the Small Business Act (15 U.S.C.
648);
``(B) entities providing procurement technical assistance
pursuant to this chapter; or
``(C) historically Black colleges or universities or
minority institutions of higher education;
``(8) whether there have been any changes to the terms of
the mentor-protege agreement; and
``(9) a narrative describing the success assistance
provided under subsection (f) has had in addressing the
developmental needs of the protege firm, the impact on
Department of Defense contracts, and addressing any problems
encountered.
``(l) Review of Report by the Office of Small Business
Programs.--The Office of Small Business Programs of the
Department of Defense shall review the report required by
subsection (k) and, if the Office finds that the mentor-
protege agreement is not furthering the purpose of the
Mentor-Protege Program, decide not to approve any
continuation of the agreement.
``(m) Establishment of Performance Goals and Periodic
Reviews.--The Office of Small Business Programs of the
Department of Defense shall--
``(1) establish performance goals consistent with the
stated purpose of the Mentor-Protege Program and outcome-
based metrics to measure progress in meeting those goals; and
``(2) submit to the congressional defense committees, not
later than February 1, 2020, a report on progress made toward
implementing these performance goals and metrics, based on
periodic reviews of the procedures used to approve mentor-
protege agreements.
``(n) Definitions.--In this section:
``(1) The term `affiliation`, with respect to a
relationship between a mentor firm and a protege firm, means
a relationship described under section 121.103 of title 13,
Code of Federal Regulations (or any successor regulation).
``(2) The term `disadvantaged small business concern` means
a firm that is not more than the size standard corresponding
to its primary North American Industry Classification System
code, is not owned or managed by individuals or entities that
directly or indirectly have stock options or convertible
securities in the mentor firm, and is--
``(A) a small business concern owned and controlled by
socially and economically disadvantaged individuals;
``(B) a business entity owned and controlled by an Indian
tribe as defined by section 8(a)(13) of the Small Business
Act (15 U.S.C. 637(a)(13));
``(C) a business entity owned and controlled by a Native
Hawaiian Organization as defined by section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15));
``(D) a qualified organization employing severely disabled
individuals;
``(E) a small business concern owned and controlled by
women, as defined in section 8(d)(3)(D) of the Small Business
Act (15 U.S.C. 637(d)(3)(D));
``(F) a small business concern owned and controlled by
service-disabled veterans (as defined in section 8(d)(3) of
the Small Business Act (15 U.S.C. 637(d)(3)));
``(G) a qualified HUBZone small business concern (as
defined in section 31(b) of the Small Business Act (15 U.S.C.
657a(b))); or
``(H) a small business concern that--
``(i) is a nontraditional defense contractor, as such term
is defined in section 3014 of this title; or
``(ii) currently provides goods or services in the private
sector that are critical to enhancing the capabilities of the
defense supplier base and fulfilling key Department of
Defense needs.
``(3) The term `historically Black college and university`
means any of the historically Black colleges and universities
referred to in section 2323 of this title, as in effect on
March 1, 2018.
``(4) The term `minority institution of higher education`
means an institution of higher education with a student body
that reflects the composition specified in section 312(b)(3),
(4), and (5) of the Higher Education Act of 1965 (20 U.S.C.
1058(b)(3), (4), and (5)).
``(5) The term `qualified organization employing the
severely disabled` means a business entity operated on a for-
profit or nonprofit basis that--
``(A) uses rehabilitative engineering to provide employment
opportunities for severely disabled individuals and
integrates severely disabled individuals into its workforce;
``(B) employs severely disabled individuals at a rate that
averages not less than 20 percent of its total workforce;
``(C) employs each severely disabled individual in its
workforce generally on the basis of 40 hours per week; and
``(D) pays not less than the minimum wage prescribed
pursuant to section 6 of the Fair Labor Standards Act (29
U.S.C. 206) to those employees who are severely disabled
individuals.
``(6) The term `severely disabled individual` means an
individual who is blind (as defined in section 8501 of title
41) or a severely disabled individual (as defined in such
section).
``(7) The term `small business concern` has the meaning
given such term under section 3 of the Small Business Act (15
U.S.C. 632).
``(8) The term `small business concern owned and controlled
by socially and economically disadvantaged individuals` has
the meaning given such term in section 8(d)(3)(C) of the
Small Business Act (15 U.S.C. 637(d)(3)(C)).
``(9) The term `subcontracting participation goal`, with
respect to a Department of Defense contract, means a goal for
the extent of the participation by disadvantaged small
business concerns in the subcontracts awarded under such
contract, as established pursuant to section 8(d) of the
Small Business Act (15 U.S.C. 637(d)).``.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 387 of title 10, United States Code, is
amended by inserting after the item relating to section 4901
the following new item:
``4902. Mentor-Protege Program.
(c) Repeal of Obsolete Authority.--Section 831 of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 4901 note prec.) is repealed.
SEC. 863. SMALL BUSINESS INTEGRATION WORKING GROUP.
(a) In General.--The Secretary of Defense shall create a
small business integration working group, to be led by the
Director of the Department of Defense Office of Small
Business Programs, which convenes at least four times per
year to better ensure the integration of department-wide
small business efforts, including by--
(1) improving the alignment between disparate small
business and industrial base programs across the Department
of Defense;
(2) providing oversight of small business efforts
department-wide;
(3) unifying small business policy, acquisition workforce
development, and transition of emerging technologies into
programs of record as required under the Small Business
Strategy; and
(4) reducing barriers to entry for small businesses and
non-traditional vendors into the defense industrial base.
(b) Membership.--The integration working group shall be
comprised of representatives from each of the following
organizations:
(1) Each of the military service`s small business offices.
(2) Each of the military service`s small business
innovation research and small business technology transfer
programs.
(3) The office of the Under Secretary of Defense for
Acquisition and Sustainment.
(4) The office of the Under Secretary of Defense for
Research and Engineering.
(c) Briefing Required.--Not later than March 1, 2023, the
Director of the Office of Small Business Programs shall brief
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
on the establishment and activities of the working group,
policies enacted to allow for the sharing of best practices,
and practices for conducting oversight.
SEC. 864. DEMONSTRATION OF COMMERCIAL DUE DILIGENCE FOR SMALL
BUSINESS PROGRAMS.
(a) Demonstration Required.--Not later than December 31,
2027, the Secretary of Defense shall 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 they are
developing on behalf of the Department of Defense.
(b) Elements.--The demonstration required under subsection
(a) shall include the following elements:
(1) Identification of an entity to be responsible for the
commercial due diligence process, including interfacing with
small business and law enforcement community.
(2) An assessment of existing commercial due diligence
processes conducted by component small business offices.
(3) Development of tactics, techniques, and procedures for
tools and processes that support commercial due diligence
analysis to monitor and assess attempts by malicious foreign
actors to gain undue access or foreign oversight, control,
and influence over technologies under development by the
small business community, including--
(A) providing a feedback loop with small business to
provide two-way information sharing; and
(B) identifying, assessing, and demonstrating commercially
available tools and services.
(4) Identification of process improvements or gaps in
resources, capabilities, or authorities, as well as other
lessons learned.
(5) Development of training and awareness material for
small businesses that can be shared directly or through the
Procurement Technical Assistance Centers.
[[Page S6119]]
(6) Implementation of metrics or measures of performance
that can be tracked to assess the effectiveness of the
commercial due diligence demonstration.
(c) Briefing Required.--Not later than April 1, 2023, the
Secretary of Defense shall provide to the congressional
defense committees an interim briefing on the demonstration
required under subsection (a), including--
(1) identification of the designated organization for
conducting the demonstration;
(2) a description of the methodology for executing the
demonstration, including any analytical tools or metrics
identified to support the process;
(3) a description of any identified instances of attempts
by malicious foreign actors to gain undue access or foreign
oversight, control, and influence over small business
technology, and
(4) any preliminary findings.
(d) Assessment.--Not later than March 1, 2028, the
Secretary shall provide a final assessment report of the
demonstration required under subsection (a), including any
identified instances of attempts by malicious foreign actors
to gain undue access or foreign oversight, control, and
influence over small business technology, any general lessons
learned, and any recommendations for legislative action that
may be required as a result.
SEC. 865. IMPROVEMENTS TO PROCUREMENT TECHNICAL ASSISTANCE
CENTER PROGRAM.
(a) Funding Limit Applicable to Programs Operating on
Statewide Basis.--Section 4955(a)(1) of title 10, United
States Code, is amended by striking ``$1,000,000`` and
inserting ``$1,500,000``.
(b) Administrative Costs.--Section 4961 of title 10, United
States Code, is amended--
(1) by striking ``Director of the Defense Logistics
Agency`` and inserting ``Secretary``;
(2) in paragraph (1), by striking ``three percent`` and
inserting ``four percent``; and
(3) in paragraph (2)--
(A) by striking ``Director`` and inserting ``Secretary``;
and
(B) in subparagraph (A), by inserting ``, including
meetings of any association of such entities,`` after ``for
meetings``.
Subtitle E--Other Matters
SEC. 871. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE
PHARMACEUTICAL SUPPLY CHAINS.
(a) Risk Management for All Department of Defense
Pharmaceutical Supply Chains.--Not later than one year after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall--
(1) develop and issue implementing guidance for risk
management for Department of Defense supply chains for
pharmaceutical materiel for the Department;
(2) identify, in coordination with the Secretary of Health
and Human Services, supply chain information gaps regarding
the Department`s reliance on foreign suppliers of drugs,
including active pharmaceutical ingredients and final drug
products; and
(3) submit to Congress a report regarding--
(A) existing information streams, if any, that may be used
to assess the reliance by the Department of Defense on high-
risk foreign suppliers of drugs;
(B) vulnerabilities in the drug supply chains of the
Department of Defense; and
(C) any recommendations to address--
(i) information gaps identified under paragraph (2); and
(ii) any risks related to such reliance on foreign
suppliers.
(b) Risk Management for Department of Defense
Pharmaceutical Supply Chain.--The Director of the Defense
Health Agency shall--
(1) not later than one year after the issuance of the
guidance required under subsection (a)(1), develop and
publish implementing guidance for risk management for the
Department of Defense supply chain for pharmaceuticals; and
(2) establish a working group--
(A) to assess risks to the Department`s pharmaceutical
supply chain;
(B) to identify the pharmaceuticals most critical to
beneficiary care at military treatment facilities; and
(C) to establish policies for allocating scarce
pharmaceutical resources of the Department of Defense in case
of a supply disruption.
SEC. 872. KEY ADVANCED SYSTEM DEVELOPMENT INDUSTRY DAYS.
(a) In General.--Not later than March 1, 2023, and every
180 days thereafter, the Secretary of each of the military
departments and the Commanders of the United States Special
Operations Command and the United States Cyber Command shall
ensure that each such department and Command conducts an
industry day--
(1) to raise awareness within the private sector of--
(A) key advanced system development areas; and
(B) capability needs and existing and potential
requirements related to the key advanced system development
areas; and
(2) to raise awareness within such departments and Commands
of potential material solutions for capability needs and
existing and potential requirements related to key advanced
system development areas.
(b) Responsibilities.--
(1) Chiefs of armed forces.--The chief of each of the armed
forces residing in a military department and the Commanders
of the United States Special Operations Command and the
United States Cyber Command shall have primary responsibility
for the following tasks at the industry days required under
subsection (a) for each key advanced system development area:
(A) Identifying related or potentially related existing,
planned, or potential military requirements, including urgent
and emergent operational needs.
(B) Identifying and describing related or potentially
related capability needs or gaps in warfighting mission
areas.
(C) Identifying and describing related or potentially
related capability needs or gaps in non-warfighting support
areas.
(D) Identifying and describing related or potentially
related exercise, demonstration, or experimentation
opportunities.
(2) Acquisition executives.--Each service acquisition
executive and the acquisition executives of the United States
Special Operations Command and the United States Cyber
Command shall have primary responsibility for the following
tasks at the industry days required under subsection (a) for
each key advanced system development area:
(A) Identifying and describing related or potentially
related existing, planned, or potential acquisition plans and
strategies.
(B) Identifying and describing related or potentially
related existing, planned, or potential funding
opportunities, including--
(i) broad agency announcements;
(ii) requests for information;
(iii) funding opportunity announcements;
(iv) special program announcements;
(v) requests for proposals;
(vi) requests for quotes;
(vii) special notices;
(viii) transactions pursuant to sections 4002, 4003, and
4004 of title 10, United States Code;
(ix) unsolicited proposals; and
(x) other methods.
(c) Form.-- The industry days required under subsection (a)
shall seek to maximize industry and government participation,
while minimizing cost to the maximum extent practicable, by--
(1) being held at the unclassified security level with
classified portions only as necessary;
(2) being publicly accessible through teleconference or
other virtual means; and
(3) having supporting materials posted on a publicly
accessible website.
(d) Definitions.-- In this section:
(1) Military departments; armed forces; service acquisition
executive.--The terms ``military departments``, ``armed
forces``, and ``service acquisition executive`` have the
meanings given the terms in section 101 of title 10, United
States Code.
(2) Key advanced system development area.-- The term ``key
advanced system development area`` means the following:
(A) For the Department of the Navy--
(i) unmanned surface vessels;
(ii) unmanned underwater vessels;
(iii) unmanned deployable mobile ocean systems;
(iv) unmanned deployable fixed ocean systems; and
(v) autonomous unmanned aircraft systems.
(B) For the Department of the Air Force, autonomous
unmanned aircraft systems.
(C) For the Department of the Army, autonomous unmanned
aircraft systems.
(D) For the United States Special Operations Command,
autonomous unmanned aircraft systems.
(E) For the United States Cyber Command, cybersecurity
situational awareness systems.
SEC. 873. MODIFICATION OF PROVISION RELATING TO DETERMINATION
OF CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS
RISKS.
Section 1684 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended--
(1) in subsection (a), by striking ``2022 and 2023`` and
inserting ``2022 through 2024``; and
(2) in subsection (b), by striking ``September 30, 2023``
and inserting ``September 30, 2024``.
SEC. 874. INCORPORATION OF CONTROLLED UNCLASSIFIED
INFORMATION GUIDANCE INTO PROGRAM
CLASSIFICATION GUIDES AND PROGRAM PROTECTION
PLANS.
(a) Updates Required.--
(1) In general.--The Secretary of Defense shall, acting
through the Under Secretary of Defense for Intelligence and
Security and the Under Secretary of Defense for Research and
Engineering, ensure that all program classification guides
(for classified programs) and all program protection plans
(for unclassified programs) include guidance for the proper
marking for controlled unclassified information (CUI) at
their next regularly scheduled update.
(2) Elements.--Guidance under paragraph (1) shall include
the following:
(A) A requirement to use document portion markings for
controlled unclassified information
(B) A process to ensure controlled unclassified information
document portion markings are used properly and consistently.
(b) Monitoring of Progress.--In tracking the progress in
carrying out subsection (a), the Under Secretary of Defense
for Intelligence and Security and the Under Secretary of
Defense for Research and Engineering shall implement a
process for monitoring progress that includes the following:
(1) Tracking of all program classification guides and
program protection plans so they
[[Page S6120]]
include document portion marking for controlled unclassified
information, and the dates when controlled unclassified
information guidance updates are completed.
(2) Updated training in order to ensure that all government
and contractor personnel using the guides described in
subsection (a)(1) receive instruction, as well as periodic
spot checks, to ensure that training is sufficient and
properly implemented to ensure consistent application of
document portion marking guidance.
(3) A process for feedback to ensure that any identified
gaps or lessons learned are incorporated into guidance and
training instructions.
(c) Required Completion.--The Secretary shall ensure that
the updates required by subsection (a) are completed before
January 1, 2029.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT AND
DEPUTY ASSISTANT SECRETARIES OF DEFENSE.
(a) Assistant Secretary of Defense for Cyber Policy.--
(1) In general.--Section 138(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(8) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Cyber Policy. The principal duty of
the Assistant Secretary shall be the overall supervision of
policy and matters relating to cyber activities of the
Department of Defense. The Assistant Secretary is the
Principal Cyber Advisor described in section 932(c) of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2224 note).``.
(2) Conforming amendments.--
(A) Section 932(c) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224
note) is amended--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(B) Section 1643(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2224
note) is amended by striking ``by section 932(c)(3)`` and
inserting ``by section 932(c)(2)``.
(b) Increase in Authorized Number of Assistant Secretaries
of Defense.--
(1) Increase.--Section 138(a)(1) of title 10, United States
Code, is amended by striking ``15`` and inserting ``18``.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Secretaries
of Defense (14).`` and inserting ``Assistant Secretaries of
Defense (18).``.
(c) Increase in Authorized Number of Deputy Assistant
Secretaries of Defense.--
(1) Increase.--Section 138 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e) The number of Deputy Assistant Secretaries of Defense
may not exceed 57.``.
(2) Conforming repeal.--Section 908 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1514; 10 U.S.C. 138 note) is repealed.
(d) Additional Amendments.--Section 138(b) of title 10,
United States Code, is amended--
(1) in paragraph (2)(A)--
(A) in the second sentence in the matter preceding clause
(i), by striking ``He shall have as his principal duty`` and
inserting ``The principal duty of the Assistant Secretary
shall be``; and
(B) in clause (ii), by striking subclause (III);
(2) in paragraph (3), in the second sentence, by striking
``He shall have as his principal duty`` and inserting ``The
principal duty of the Assistant Secretary shall be``;
(3) in paragraph (4)--
(A) in subparagraph (A), by striking the semicolon and
inserting ``; and``;
(B) in subparagraph (B), by striking ``; and`` inserting a
period; and
(C) by striking subparagraph (C); and
(4) in paragraph (6), by striking ``shall--`` and all that
follows and inserting ``shall advise the Under Secretary of
Defense for Acquisition and Sustainment on industrial base
policies.``.
SEC. 902. CONFORMING AMENDMENTS RELATING TO REPEAL OF
POSITION OF CHIEF MANAGEMENT OFFICER.
Section 2222 of title 10, United States Code, is amended--
(1) in subsection (c)(2), by striking ``the Chief
Management Officer of the Department of Defense, the Under
Secretary of Defense for Acquisition and Sustainment, the
Chief Information Officer, and the Chief Management Officer``
and inserting ``the Chief Information Officer of the
Department of Defense, the Under Secretary of Defense for
Acquisition and Sustainment, and the Chief Information
Officer``;
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Chief Management
Officer`` and inserting ``the Chief Information Officer``;
and
(B) in paragraph (6)--
(i) in subparagraph (A), in the matter preceding clause
(i)--
(I) in the first sentence, by striking ``the Chief
Management Officer of the Department of Defense`` and
inserting ``the Chief Information Officer of the Department
of Defense, in coordination with the Chief Data and
Artificial Intelligence Officer,``; and
(II) in the second sentence, by striking ``the Chief
Management Officer shall`` and inserting ``the Chief
Information Officer shall``; and
(ii) in subparagraph (B), in the matter preceding clause
(i), by striking ``the Chief Management Officer`` and
inserting ``the Chief Information Officer``;
(3) in subsection (f)--
(A) in paragraph (1), in the second sentence, by striking
``the Chief Management Officer and``; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B), as redesignated
by clause (i), the following new subparagraph (A):
``(A) The Chief Information Officers of the military
departments, or their designees.``; and
(iii) in subparagraph (C), as so redesignated, by adding at
the end the following new clause:
``(iv) The Chief Data and Artificial Intelligence Officer
of the Department of Defense.``;
(4) in subsection (g)(2), by striking ``the Chief
Management Officer`` each place it appears and inserting
``the Chief Information Officer``; and
(5) in subsection (i)(5)(B), by striking ``the Chief
Management Officer`` and inserting ``the Chief Information
Officer``.
SEC. 903. LIMITATION ON AVAILABILITY OF FUNDS FOR OPERATION
AND MAINTENANCE FOR OFFICE OF SECRETARY OF
DEFENSE.
Of the funds authorized to be appropriated by this Act for
fiscal year 2023 for operation and maintenance, Defense-wide,
and available for the Office of the Secretary of Defense, not
more than 75 percent may be obligated or expended until the
date that is 15 days after the date on which the Secretary of
Defense submits the information operations strategy and
posture review, including the designation of Information
Operations Force Providers and Information Operations Joint
Force Trainers for the Department of Defense, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives as required
by section 1631(g) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
SEC. 904. LIMITATION ON USE OF FUNDS UNTIL DEMONSTRATION OF
PRODUCT TO IDENTIFY, TASK, AND MANAGE
CONGRESSIONAL REPORTING REQUIREMENTS.
Of the funds authorized to be appropriated by section 301
for fiscal year 2023 for operation and maintenance, Defense-
wide, and available as specified in the funding table in
section 4301 for the Office of the Secretary of Defense, not
more than 75 percent may be obligated or expended until the
Secretary of Defense demonstrates a minimum viable product--
(1) to optimize and modernize the process described in
section 908(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 111 note) for identifying reports to
Congress required by annual national defense authorization
Acts, assigning responsibility for preparation of such
reports, and managing the completion and delivery of such
reports to Congress; and
(2) that includes capabilities to enable--
(A) direct access by the congressional defense committees
to the follow-on system to that process using secure
credentials;
(B) rapid automatic ingestion of data provided by those
committees with respect to reports and briefings required to
be submitted to Congress in a comma-separated value
spreadsheet;
(C) sortable and exportable database views for tracking and
research purposes;
(D) automated notification of relevant congressional staff
and archival systems; and
(E) integration with Microsoft Office.
SEC. 905. LIMITATION ON USE OF FUNDS UNTIL DEPARTMENT OF
DEFENSE COMPLIES WITH REQUIREMENTS RELATING TO
ALIGNMENT OF CLOSE COMBAT LETHALITY TASK FORCE.
Of the funds authorized to be appropriated by section 301
for fiscal year 2023 for operation and maintenance, Defense-
wide, and available as specified in the funding table in
section 4301 for the Office of the Secretary of Defense, not
more than 75 percent may be obligated or expended until the
Department of Defense complies with the requirements of
section 911 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1878)
(relating to alignment of the Close Combat Lethality Task
Force).
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. MODIFICATION OF REQUIREMENTS THAT ARE
RESPONSIBILITY OF ARMED FORCES NOT JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
Section 181(e) of title 10, United States Code, is amended
to read as follows:
``(e) Performance Requirements as Responsibility of Armed
Forces.--
``(1) In general.--The Chief of Staff of an armed force is
responsible for--
``(A) all performance requirements for that armed force;
and
``(B) except as provided in paragraph (3), all inventory
objective requirements for that armed force, including
categories of weapons systems and overall levels of weapons
systems.
[[Page S6121]]
``(2) Requirements not required to be validated.--Except
for requirements specified in subsections (b)(4) and (b)(5),
requirements described in paragraph (1) are not required to
be validated by the Joint Requirements Oversight Council.
``(3) Inventory objective requirements for naval vessels to
transport marines.--The Commandant of the Marine Corps shall
be responsible for inventory objective requirements for naval
vessels with the primary mission of transporting Marines.``.
SEC. 912. BRIEFING ON REVISIONS TO UNIFIED COMMAND PLAN.
Section 161(b)(2) of title 10, United States Code, is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and by moving such clauses, as so
redesignated, two ems to the right;
(2) by striking ``the President shall notify`` and
inserting the following: ``the President shall--
``(A) notify``;
(3) in clause (ii), as redesignated by paragraph (1), by
striking the period at the end and inserting ``; and``; and
(4) by adding at the end the following new subparagraph:
``(B) during that 60-day period, provide to the
congressional defense committees a briefing on the revisions
described in subparagraph (A)(ii).``.
SEC. 913. UPDATES TO MANAGEMENT REFORM FRAMEWORK.
Section 125a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``2022`` and inserting
``2023``; and
(B) in paragraph (3), by inserting ``the Director for
Administration and Management of the Department of Defense,``
after ``the Chief Information Officer of the Department of
Defense,``; and
(2) in subsection (d)--
(A) by redesignating paragraph (6) as paragraph (9); and
(B) by inserting after paragraph (5) the following new
paragraphs:
``(6) Development and implementation of a uniform
methodology for tracking and assessing cost savings and cost
avoidance from reform initiatives.
``(7) Implementation of reform-focused research to improve
management and administrative science.
``(8) Tracking and implementation of technological
approaches to improve management decision-making, such as
artificial intelligence tools.``.
SEC. 914. STRATEGIC MANAGEMENT DASHBOARD DEMONSTRATION.
(a) In General.--The Secretary of Defense shall 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.
(b) Elements.--The Secretary shall ensure that the
strategic management dashboard demonstrated under subsection
(a) includes the following:
(1) The capability for real-time monitoring of the
performance of the Department in meeting the management goals
of the Department.
(2) An integrated analytics capability, including the
ability to dynamically add or upgrade new capabilities when
needed.
(3) Integration with the framework required by subsection
(c) of section 125a of title 10, United States Code, for
measuring the progress of the Department toward covered
elements of reform (as defined in subsection (d) of that
section).
(4) Incorporation of the elements of the strategic
management plan required by section 904(d) of the National
Defense Authorization Act of Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2201 note prec.), as derived from
automated data feeds from existing information systems and
databases.
(5) Incorporation of the elements of the most recent annual
performance plan of the Department required by section
1115(b) of title 31, United States Code, and the most recent
update on performance of the Department required by section
1116 of that title.
(6) Use of artificial intelligence and machine learning
tools to improve decision making and assessment relating to
data analytics.
(7) Adoption of leading and lagging indicators for key
strategic management goals.
(c) Authorities.--
(1) In general.--In conducting the demonstration required
by subsection (a), the Secretary may use the authorities
described in paragraph (2), and such other authorities as the
Secretary considers appropriate--
(A) to help spur innovative technological or process
approaches; and
(B) to attract new entrants to solve the data management
and visualization challenges of the Department.
(2) Authorities described.--The authorities described in
this paragraph are the authorities provided under the
following provisions of law:
(A) Section 4025 of title 10, United States Code (relating
to prizes for advanced technology achievements).
(B) Section 217 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2222 note)
(relating to science and technology activities to support
business systems information technology acquisition
programs).
(C) Section 908 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 129a note)
(relating to management innovation activities).
(d) Use of Best Practices.--In conducting the demonstration
required by subsection (a), the Secretary shall leverage
commercial best practices in management and leading research
in management and data science.
SEC. 915. DEMONSTRATION PROGRAM FOR COMPONENT CONTENT
MANAGEMENT SYSTEMS.
(a) In General.--Not later than July 1, 2023, the Chief
Information Officer of the Department of Defense, in
coordination with the Chief Digital and Artificial
Intelligence Officer and the Director of the Joint Artificial
Intelligence Center, shall complete a pilot program to
demonstrate the application of component content management
systems to a distinct set of data of the Department.
(b) Selection of Data Set.--In selecting a distinct set of
data of the Department for purposes of the pilot program
required by subsection (a), the Chief Information Officer
shall consult with, at a minimum, the following:
(1) The Office of the Secretary of Defense with respect to
directives, instructions, and other regulatory documents of
the Department.
(2) The Office of the Secretary of Defense and the Joint
Staff with respect to execution orders.
(3) The Office of the Under Secretary of Defense for
Research and Engineering and the military departments with
respect to technical manuals.
(4) The Office of the Under Secretary of Defense for
Acquisition and Sustainment with respect to Contract Data
Requirements List documents.
(c) Authority to Enter Into Contracts.--Subject to the
availability of appropriations, the Secretary of Defense may
enter into contracts or transactions with public or private
entities to conduct studies and demonstration projects under
the pilot program required by subsection (a).
(d) Briefing Required.--Not later than 60 days after the
date of the enactment of this Act, the Chief Information
Officer shall provide to the congressional defense committees
a briefing on plans to implement the pilot program required
by subsection (a).
Subtitle C--Space Force Matters
SEC. 921. VICE CHIEF OF SPACE OPERATIONS.
(a) Codification of Position of Vice Chief of Space
Operations.--Chapter 908 of title 10, United States Code, is
amended by inserting after section 9082 the following new
section:
``Sec. 9082a. Vice Chief of Space Operations
``(a) Appointment.--There is a Vice Chief of Space
Operations, appointed by the President, by and with the
advice and consent of the Senate, from officers on the
active-duty list of the Space Force not restricted in the
performance of duty.
``(b) Grade.--The Vice Chief of Space Operations, while so
serving, has the grade of general without vacating his
permanent grade.
``(c) Authority and Duties.--The Vice Chief has such
authority and duties with respect to the Space Force as the
Chief, with the approval of the Secretary of the Air Force,
may delegate to or prescribe for the Vice Chief. Orders
issued by the Vice Chief in performing such duties have the
same effect as those issued by the Chief.
``(d) Vacancies.--When there is a vacancy in the office of
the Chief of Space Operations, or during the absence or
disability of the Chief--
``(1) the Vice Chief of the Space Operations shall perform
the duties of the Chief until a successor is appointed or the
absence or disability ceases; or
``(2) if there is a vacancy in the office of the Vice Chief
of Space Operations or the Vice Chief is absent or disabled,
unless the President directs otherwise, the most senior
officer of the Space Force in the Headquarters, Space Force,
who is not absent or disabled and who is not restricted in
performance of duty shall perform the duties of the Chief
until a successor to the Chief or the Vice Chief is appointed
or until the absence or disability of the Chief or Vice Chief
ceases, whichever occurs first.``.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 908 of title 10, United States Code, is
amended by inserting after the item relating to section 9082
the following new item:
``9082a. Vice Chief of Space Operations.
SEC. 922. ESTABLISHMENT OF FIELD OPERATING AGENCIES AND
DIRECT REPORTING UNITS OF SPACE FORCE.
(a) In General.--Chapter 908 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9087. Field operating agencies and direct reporting
units
``(a) Authority.--The Secretary of the Air Force may
establish within the Space Force the following:
``(1) An Enterprise Talent Management Office to provide
whole-of-life-cycle talent management aligned to the needs of
the Space Force.
``(2) A Space Warfighting Analysis Center to conduct
analysis, modeling, wargaming, and experimentation to create
operational concepts and develop future force design options.
``(b) Organization.--
``(1) Enterprise talent management office.--If, pursuant to
the authority provided
[[Page S6122]]
by subsection (a)(1), the Secretary establishes a Enterprise
Talent Management Office, the Office shall operate as a field
operating agency of the headquarters of the Space Force.
``(2) Space warfighting analysis center.--If, pursuant to
the authority provided by subsection (a)(2), the Secretary
establishes a Space Warfighting Analysis Center, the Center
shall operate as a direct reporting unit of the Chief of
Space Operations.``.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 908 of such title is amended by adding
at the end the following new item:
``9087. Field operating agencies and direct reporting units.
SEC. 923. FRAMEWORK FOR NEW SUBTITLE F OF TITLE 10, UNITED
STATES CODE, ON SPACE COMPONENT.
(a) In General.--Title 10, United States Code, is amended
by adding at the end the following new subtitle:
``Subtitle F--Space Component
``Chap. ...............................................................
``2001. [Reserved]............................................20101....
``2002. [Reserved]............................................20201....
``2003. [Reserved]............................................20301....
``2004. [Reserved]............................................20401....
``2005. [Reserved]............................................20501....
``CHAPTER 2001--[RESERVED]
``Sec.
``20101. [Reserved].
``Sec. 20101. [Reserved]
``[Reserved].
``CHAPTER 2002--[RESERVED]
``Sec.
``20201. [Reserved].
``Sec. 20201. [Reserved]
``[Reserved].
``CHAPTER 2003--[RESERVED]
``Sec.
``20301. [Reserved].
``Sec. 20301. [Reserved]
``[Reserved].
``CHAPTER 2004--[RESERVED]
``Sec.
``20401. [Reserved].
``Sec. 20401. [Reserved]
``[Reserved].
``CHAPTER 2005--[RESERVED]
``Sec.
``20501. [Reserved].
``Sec. 20501. [Reserved]
``[Reserved].``.
(b) Clerical Amendments.--
(1) Table of subtitles.--The table of subtitles at the
beginning of title 10, United States Code, is amended by
adding at the end the following new item:
``F. Space Component..........................................20101....
(c) Contingent Repeal.--If subtitle F of title 10, United
States Code, as added by subsection (a), or any chapter of
that subtitle, as so added, is not amended during the period
beginning on the day after the date of the enactment of this
Act and ending on December 31, 2026, such subtitle or
chapter, as the case may be, is repealed effective on January
1, 2027.
SEC. 924. STUDY OF PROPOSED SPACE FORCE REORGANIZATION.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with 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.
(b) Elements.--The study referred to in subsection (a)
shall include a comprehensive review and assessment of--
(1) the feasibility and advisability of--
(A) exempting the proposed Space Component from the
existing ``up or out`` system of officer career advancement
first established by the amendments to title 10, United
States Code, made by the Defense Officer Personnel Management
Act (Public Law 96-513; 94 Stat. 2835);
(B) combining active and reserve components in a new,
single Space Component and whether a similar outcome could be
achieved using the existing active and reserve component
frameworks with modest statutory changes to allow reserve
officers to serve on sustained active duty;
(C) creating career flexibility for reserve members of the
Space Component, including in shifting retirement points
earned from one year to the next and allowing members of the
Space Component to move back and forth between active and
reserve status for prolonged periods of time across a career;
(2) the implications of the proposed reorganization of the
Space Force on the development of space as a warfighting
domain in the profession of arms, particularly with respect
to officer leadership, development, and stewardship of the
profession;
(3) whether existing government ethics regulations are
adequate to address potential conflicts of interest for Space
Component officers who seek to move back and forth between
sustained active duty and working for private sector
organizations in the space industry as reserve officers in
the Space Component;
(4) whether the proposed Space Component framework is
consistent with the joint service requirements of chapter 38
of title 10, United States Code;
(5) budgetary implications of the establishment of the
Space Component;
(6) the nature of the relationship with private industry
and civilian employers that would be required and consistent
with professional ethics to successfully implement the Space
Component; and
(7) any other issues the Secretary or the federally funded
research and development center considers relevant.
(c) Diversity and Inclusion.--The study referred to in
subsection (a) shall include an assessment of the proposed
reorganization of the Space Force and the establishment of
the Space Component on advancing diversity and inclusion in
the Space Component.
(d) Limitation on Delegation.--The authority of the
Secretary to enter into a contract under subsection (a) may
not be delegated below the level the Under Secretary of
Defense for Personnel and Readiness.
(e) Report Required.--Not later than December 31, 2023, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
results of the study referred to in subsection (a).
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2023 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$6,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. REPORT ON BUDGETARY EFFECTS OF INFLATION.
(a) Annual Report.--Not later than 30 days following the
submission of the President`s budget under section 1105 of
title 31, United States Code, the Secretary of Defense shall
deliver to the congressional defense committees a report on
observed and anticipated budgetary effects related to
inflation, including--
(1) the relevant inflation index used and the estimated and
actual inflationary budgetary effects by sub-appropriation
account for the previous two fiscal years and the current
budget year;
(2) the enacted or requested appropriation amount by sub-
appropriation;
(3) a calculation of estimated budgetary effects due to
inflation using the previous fiscal year`s estimated indices
compared to those of the current fiscal year;
(4) a summary of any requests for equitable adjustment,
exercising of economic price adjustment (EPA) clauses, or
bilateral contract modifications to include an EPA, including
the contract type and fiscal year and type and amount of
appropriation used for the contract;
(5) a summary of any methodological changes in Department
of Defense cost estimation practices for inflationary
budgetary effects; and
(6) any other matters the Secretary determines appropriate.
(b) Periodic Briefing.--Not later than 60 days following
the conclusion of the Department of Defense budget mid-year
review, the Secretary of Defense shall provide the
congressional defense committees with a briefing on--
(1) any changes in the observed or anticipated inflation
indices included in the report required under subsection (a);
(2) any actions taken by the Department of Defense to
respond to changes discussed in such report, with specific
dollar value figures; and
(3) any requests for equitable adjustment received by the
Department of Defense, economic price adjustment clauses
exercised, or bilateral contract modifications to include an
EPA made since the transmission of the report required under
subsection (a).
Subtitle B--Counterdrug Activities
SEC. 1011. EXTENSION OF AUTHORITY AND ANNUAL REPORT ON
UNIFIED COUNTERDRUG AND COUNTERTERRORISM
CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal
[[Page S6123]]
Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1007 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1889), is further amended--
(1) in subsection (a)(1), by striking ``2023`` and
inserting ``2024``;
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``2023`` and inserting ``2024``; and
(3) by adding at the end the following:
``(h) Annual Report on Plan Colombia.--During each of
fiscal years 2023 and 2024, the Secretary of Defense shall
submit to Congress a report that includes the following:
``(1) An assessment of the threat to Colombia from
narcotics trafficking and activities by organizations
designated as foreign terrorist organizations under section
219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
``(2) A description of the plan of the Government of
Colombia for the unified campaign described in subsection
(a).
``(3) A description of the activities supported using the
authority provided by subsection (a).
``(4) An assessment of the effectiveness of the activities
described in paragraph (3) in addressing the threat described
in paragraph (1).``.
Subtitle C--Naval Vessels
SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION
PLAN.
Section 231(b)(2) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(J) For any class of battle force ship for which the
procurement of the final ship of the class is proposed in the
relevant future-years defense program submitted under section
221 of this title, a detailed plan that includes a
description of specific impacts with respect to the
transition of such class and the associated industrial base
to a new program, a modified existing program, or no program.
Each plan required by the preceding sentence shall include a
detailed schedule with planned decision points,
solicitations, and contract awards.``.
SEC. 1022. AMPHIBIOUS WARSHIP FORCE STRUCTURE.
Section 8062 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``and not less than
31 operational amphibious warfare ships, of which not less
than 10 shall be amphibious assault ships`` before the
period; and
(B) in the second sentence--
(i) by inserting ``or amphibious warfare ship`` before
``includes``; and
(ii) by inserting ``or amphibious warfare ship`` before
``that is temporarily unavailable``;
(2) in subsection (e)--
(A) in paragraph (2) by striking ``; and`` and inserting a
semicolon;
(B) in paragraph (3) by striking the period at the end and
inserting ``; and``; and
(C) by adding at the end the following new paragraph:
``(4) the Navy adjusts scheduled maintenance and repair
actions to maintain a minimum of 24 amphibious warfare ships
operationally available for worldwide deployment.``; and
(3) by adding at the end the following new subsection:
``(g) In this section, the term `amphibious warfare ship`
means a ship that is classified as an amphibious assault ship
(general purpose) (LHA), an amphibious assault ship (multi-
purpose) (LHD), an amphibious transport dock (LPD), or a dock
landing ship (LSD).``.
SEC. 1023. MODIFICATION TO LIMITATION ON DECOMMISSIONING OR
INACTIVATING A BATTLE FORCE SHIP BEFORE THE END
OF EXPECTED SERVICE LIFE.
(a) In General.--Section 8678a(b) of title 10, United
States Code, is amended--
(1) in paragraph (1), by inserting ``with the budget
materials submitted by the President under section 1105(a) of
title 31, United States Code, for the fiscal year in which
such waiver is sought`` after ``such ship``; and
(2) in paragraph (2), by striking ``such certification was
submitted`` and inserting ``the National Defense
Authorization Act for such fiscal year is enacted``.
(b) No Effect on Certain Ships.--The amendments made by
subsection (a) shall have no effect on battle force ships (as
defined in section 8678a(e) of title 10, United States Code)
proposed for decommissioning or inactivation in fiscal year
2023.
SEC. 1024. CONTRACT REQUIREMENTS RELATING TO MAINTENANCE AND
MODERNIZATION AVAILABILITIES FOR CERTAIN NAVAL
VESSELS.
(a) Submarine Maintenance and Modernization
Availabilities.--The Secretary of the Navy may only enter
into a contract with a private entity for a maintenance and
modernization availability for a fast attack submarine that
requires drydocking the submarine if the following conditions
are met:
(1) The submarine is a Virginia-class submarine.
(2) The submarine has not conducted a previous drydock
availability.
(3) The work package for the contract is sufficiently
detailed and provided to the private entity with sufficient
time to enable a high-confidence contracting strategy for--
(A) planning;
(B) material procurement;
(C) cost;
(D) schedule; and
(E) performance.
(4) At least 70 percent of the work package for the
contract is common to the work packages for previous
contracts entered into under this subsection.
(b) Surface Ship Maintenance and Modernization
Availabilities.--In awarding contracts for maintenance and
modernization availabilities for surface ships, issuing task
orders for such availabilities, or carrying out other
contracting actions with respect to such availabilities, the
Secretary of the Navy may not limit evaluation factors to
price only.
SEC. 1025. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL
VESSELS.
None of the funds authorized to be appropriated by this Act
for fiscal year 2023 may be obligated or expended to retire,
prepare to retire, or place in storage any of the following
naval vessels:
(1) USS Vicksburg (CG 69).
(2) USS Sioux City (LCS 11).
(3) USS Wichita (LCS 13).
(4) USS Billings (LCS 15).
(5) USS Indianapolis (LCS 17).
(6) USS St. Louis (LCS 19).
(7) USS Germantown (LSD 42).
(8) USS Gunston Hall (LSD 44).
(9) USS Tortuga (LSD 46).
(10) USS Ashland (LSD 48).
(11) USNS Montford Point (T-ESD 1).
(12) USNS John Glenn (T-ESD 2).
Subtitle D--Counterterrorism
SEC. 1031. MODIFICATION AND EXTENSION OF PROHIBITION ON USE
OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS
DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as most recently amended by section 1032 of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1901), is further amended--
(1) by striking ``December 31, 2022`` and inserting
``December 31, 2023``;
(2) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(3) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Afghanistan.``.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1953), as most recently amended by section 1033 of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1901), is further amended by
striking ``December 31, 2022`` and inserting ``December 31,
2023``.
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS TO
CONSTRUCT OR MODIFY FACILITIES IN THE UNITED
STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as most recently amended by section 1034 of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1901), is further amended by
striking ``December 31, 2022`` and inserting ``December 31,
2023``.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as most
recently amended by section 1035 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1901), is further amended by striking ``2022`` and
inserting ``2023``.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS DISCHARGE REVIEW BOARD COMMITTEE.
(a) Establishment of Joint Executive Committee.--
(1) In general.--There is established an interagency
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.
(2) Designation.--The interagency committee established
under paragraph (1) shall be known as the ``Department of
Defense-Department of Veterans Affairs Discharge Review Board
Committee`` (hereinafter in this section referred to as the
``Committee``).
(b) Membership.--The Committee shall be composed of the
following:
(1) The Under Secretary of Defense for Personnel and
Readiness, the Assistant Secretary of Manpower and Reserve
Affairs for each of the military services, and such other
officers and employees of the Department of Defense as the
Secretary of Defense may designate.
(2) The Deputy Secretary of Veterans Affairs and such other
officers and employees of the Department of Veterans Affairs
as the Secretary of Veterans Affairs may designate.
[[Page S6124]]
(c) Administrative Matters.--
(1) In general.--The Under Secretary and the Deputy
Secretary shall jointly determine the size and structure of
the Committee, as well as the administrative and procedural
guidelines for the operation of the Committee.
(2) Subcommittees.--The Committee may establish
subcommittees to assist the Committee in carrying out
subsections (d) and (e), including the following:
(A) A subcommittee on outreach and education.
(B) A subcommittee on training for members of the review
boards under section 1553 of title 10, United States Code.
(3) Support.--The Under Secretary and the Deputy Secretary
shall jointly supply appropriate staff and resources to
provide administrative support and services for the
Committee. Support for such purposes shall be provided at a
level that the Under Secretary and the Deputy Secretary
jointly determine sufficient for the efficient operation of
the Committee, including any subcommittees established under
paragraph (2).
(d) Recommendations.--
(1) In general.--The Committee shall provide the Secretary
of Defense and the Secretary of Veterans Affairs with
recommendations on the strategic direction for the joint
coordination and sharing efforts between and within the
Department of Defense and the Department of Veterans Affairs
on matters regarding the review boards described in
subsection (a)(1).
(2) Annual report.--Not less frequently than once each
year, the Committee shall submit to the two Secretaries and
to Congress an annual report containing such recommendations
regarding the review boards described in subsection (a)(1) as
the Committee considers appropriate.
(e) Functions.--In order to enable the Committee to make
recommendations in its annual report under subsection (c)(2),
the Committee shall do the following:
(1) Review existing policies, procedures, and practices
regarding reviews under section 1553 of title 10, United
States Code, with respect to matters that pertain to the
coordination and sharing of resources between the Department
of Defense and the Department of Veterans Affairs.
(2) Identify changes in policies, procedures, and practices
that, in the judgment of the Committee, would promote
mutually beneficial coordination, use, or exchange of use of
services and resources of the two Departments, with the goal
of improving the quality, efficiency, and effectiveness of
the review boards under section 1553 of such title for
veterans, members of the Armed Forces, individuals who
retired from service in the Armed Forces, and their families
through an enhanced partnership between the two Departments.
(3) Identify and assess further opportunities for the
coordination and collaboration between the Departments that,
in the judgment of the Committee, would positively affect the
review process under section 1553 of such title.
(4) Review the implementation of activities designed to
promote the coordination and sharing of resources between the
Departments for matters relating to the review process under
section 1553 of such title.
(5) Identify and assess strategies, which either or both
Departments may implement, that would increase outreach to
former members of the Armed Forces described in subsection
(d)(3)(B) of section 1553 of such title who may qualify for
relief under such section.
SEC. 1042. MODIFICATION OF PROVISIONS RELATING TO CROSS-
FUNCTIONAL TEAM FOR EMERGING THREAT RELATING TO
ANOMALOUS HEALTH INCIDENTS.
Section 910 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 111 note) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and any other`` and all
that follows through ``necessary; and`` and inserting ``,
including the causation, attribution, mitigation,
identification, and treatment for such incidents;``;
(B) in paragraph (2)--
(i) by inserting ``and deconflict`` after ``integrate``;
(ii) by striking ``agency`` and inserting ``agencies``; and
(iii) by striking the period at the end and inserting ``;
and``; and
(C) by adding at the end the following new paragraph:
``(3) any other efforts regarding such incidents that the
Secretary considers appropriate.``; and
(2) in subsection (e)(2), by striking ``90 days`` and all
that follows through ``of enactment`` and inserting ``March
1, 2023, and not less frequently than once every 180 days
thereafter until March 1, 2026``.
SEC. 1043. CIVILIAN CASUALTY PREVENTION, MITIGATION, AND
RESPONSE.
(a) Establishment of Office for Civilian Casualty
Prevention, Mitigation, and Response.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 148. Office for Civilian Casualty Prevention,
Mitigation, and Response
``(a) Establishment.--The Secretary of Defense shall
establish an office within the Department of Defense, to be
known as the `Office for Civilian Casualty Prevention,
Mitigation, and Response` (in this section referred to as the
`Office`), to serve as the focal point for matters related to
civilian casualties and other forms of civilian harm
resulting from military operations involving the United
States Armed Forces.
``(b) Responsibilities.--Subject to the authority,
direction, and control of the Secretary, the Office shall be
responsible for--
``(1) collecting data and reports of investigations related
to civilian casualty incidents;
``(2) analyzing data and trends with respect to civilian
casualties;
``(3) conducting regular reviews of civilian harm
prevention, mitigation, and response policies and practices
across the Department of Defense;
``(4) referring civilian casualty incidents for
investigation by appropriate components within the Department
of Defense, when necessary;
``(5) making recommendations to the Secretary and the Joint
Chiefs of Staff to improve civilian harm prevention,
mitigation, and response;
``(6) ensuring lessons learned from investigations of
civilian casualty incidents are captured and
institutionalized within policy, training, and tactics,
techniques, and procedures of the Department of Defense;
``(7) coordinating and synchronizing efforts across
combatant commands, the Department of State, and other
relevant United States Government departments and agencies to
prevent, mitigate, and respond to civilian casualty
incidents;
``(8) engaging with nongovernmental organizations and
civilian casualty experts; and
``(9) such other responsibilities as are directed by the
Secretary.
``(c) Director.--The head of the Office shall be the
Director, who shall be appointed by the Secretary from among
individuals qualified to serve as the Director who have
significant experience and expertise relating to the
protection of civilians.
``(d) Analysis Required.--
``(1) In general.--Not later than one year after the date
of the enactment of this section, the Office shall complete
and submit to the Secretary an analysis of a representative
sample of civilian casualty assessment reports and other
reports of investigations of civilian casualty incidents on
or after August 1, 2014--
``(A) to identify trends in civilian casualty incidents;
``(B) to identify factors contributing to civilian
casualties;
``(C) to capture lessons learned from civilian casualty
incidents; and
``(D) to evaluate the extent to which such lessons have
been incorporated into policy, training, and tactics,
techniques, and procedures of the Department of Defense.
``(2) Recommendations.--The analysis required by paragraph
(1) shall include recommendations to the Secretary for
improving civilian harm prevention, mitigation, and response.
``(e) Semiannual Reports.--Not later than 180 days after
the date of the enactment of this section, and every 180 days
thereafter until the date is 2 years after such date of
enactment, the Director shall submit to the congressional
defense committees a report on the status of the
implementation by the Department of Defense of
recommendations included in--
``(1) the Civilian Casualty Review released by the Joint
Staff in April 2018;
``(2) the independent assessment of Department of Defense
standards, processes, procedures, and policy relating to
civilian casualties resulting from United States military
operations required by section 1721 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1809); and
``(3) the Civilian Harm Mitigation and Response Action Plan
the Secretary of Defense directed to be developed on January
27, 2022.``.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by adding at
the end the following new item:
``148. Office for Civilian Casualty Prevention, Mitigation, and
Response.
(b) Limitation on Use of Funds.--Of the amount authorized
to be appropriated by section 301 for operation and
maintenance, Defense-wide, and available as specified in the
funding table in section 4301 for the Office of the Secretary
of Defense, not more than 75 percent may be obligated or
expended until the date that is 15 days after the date on
which the Secretary submits to the congressional defense
committees the report required by section 1077 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3867)
relating to civilian casualty resourcing and authorities.
SEC. 1044. 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.
(a) Prohibition on Delegation.--The authority to designate
foreign partner forces as eligible for the provision of
collective self-defense support by the United States Armed
Forces may not be delegated below the Secretary of Defense.
(b) Review.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall review
existing
[[Page S6125]]
designations of foreign partner forces as eligible for the
provision of collective self-defense support by the United
States Armed Forces and provide the congressional defense
committees a certification that such designations remain
valid.
(c) Rule of Construction.--Nothing in this section shall be
construed as invalidating a designation of foreign partner
forces as eligible for the provision of collective self-
defense support by the United States Armed Forces that is in
effect as of the date of the enactment of this Act.
(d) Collective Self-defense Defined.--In this section, the
term ``collective self-defense`` means the use of United
States military force to defend designated foreign partner
forces, their facilities, and their property.
SEC. 1045. PERSONNEL SUPPORTING THE OFFICE OF THE ASSISTANT
SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND
LOW INTENSITY CONFLICT.
(a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a plan for
adequately staffing the Office of the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict to
fulfill the requirements of section 138(b)(2)(A)(i) of title
10, United States Code, for exercising authority, direction,
and control of all special-operations peculiar administrative
matters relating to the organization, training, and equipping
of special operations forces.
(b) Additional Information.--The Secretary shall ensure the
plan required under subsection (a) is informed by the
manpower study required by the Joint Explanatory Statement
accompanying the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81).
(c) Elements.--The plan required under subsection (a) shall
include the following elements:
(1) A validated number of personnel necessary to fulfill
the responsibilities of the Secretariat for Special
Operations outlined in section 139b of title 10, United
States Code, and associated funding across the future years
defense plan.
(2) A hiring plan with milestones for gradually increasing
the number of required personnel.
(3) A breakdown of the optimal mix of required military,
civilian, and contractor personnel.
(4) An analysis of the feasibility and advisability of
assigning a member of the Senior Executive Service as the
Deputy Director of the Secretariat for Special Operations.
(5) An identification of any anticipated funding shortfalls
for personnel supporting the Secretariat for Special
Operations across the future years defense plan.
(6) Any other matters the Secretary determines relevant.
SEC. 1046. JOINT ALL DOMAIN COMMAND AND CONTROL.
(a) Direction and Control of Cross-functional Team for
Joint All Domain Command and Control.--The cross-functional
team (CFT) tasked with joint all domain command and control
(JADC2) shall remain under the direction of the Director,
Information, Command, Control, Communications and Computers
(IC4) of the Joint Chiefs of Staff to ensure--
(1) close collaboration with the Joint Requirements
Oversight Council, the combatant commands, and the military
services regarding operational requirements and requirements
satisfaction; and
(2) objective assessments and reporting to the Deputy
Secretary of Defense and the Vice Chairman of the Joint
Chiefs of Staff about Joint All Domain Command and Control
implementation plan execution by offices of primary
responsibility.
(b) Demonstrations and Fielding of Effects Chains.--In
support of the emphasis of the National Defense Strategy on
adversary-specific deterrence postures, in support of actions
that can be taken within the Future Years Defense Program
focused on critical kill chains and integrated concepts of
operation, in support of demonstrations and experimentation,
and to achieve objectives of the joint all domain command and
control strategy and implementation plan that was approved by
the Deputy Secretary of Defense in the United States Indo-
Pacific Command area of operations, the Deputy Secretary and
the Vice Chairman of the Joint Chiefs of Staff shall take the
following actions:
(1) In consultation with the Commander of United States
Indo-Pacific Command (INDOPACOM)--
(A) identify a prioritized list of difficult mission-
critical operational challenges specific to the area of
operations of such command;
(B) design, using existing systems and capabilities and
resource through the Office of Cost Analysis and Program
Evaluation and the Management Action Group of the Deputy
Secretary, a series of multi-domain, multi-service and multi-
agency, multi-platform, and multi-system end-to-end
integrated kinetic and non-kinetic effects chains, including
necessary battle management functions, to solve the
operational challenges identified in subparagraph (A);
(C) using mission command principles of joint all domain
command and control, demonstrate the ability to execute the
integrated effects chains identified in subparagraph (B) in
realistic conditions on a repeatable basis, including the
ability to achieve interoperability among effects chain
components that do not conform to common interface standards,
including through the use of the System of Systems Technology
Integration Tool Chain for Heterogeneous Electronic Systems
(STITCHES) managed by the 350th Spectrum Warfare Wing of the
Department of the Air Force; and
(D) create a plan to deploy the effects chains to the area
of operations of United States Indo-Pacific Command and
execute them at the scale and pace required to solve the
identified operational challenges, including necessary
logistics and sustainment capabilities.
(2) Designate the Commander of United States Indo-Pacific
Command to serve as the transition partner for the integrated
effects chains, and to maintain and exercise them as
operational capabilities.
(3) Designate the Strategic Capabilities Office and such
other organizations as the Deputy Secretary deems appropriate
to be responsible for--
(A) composing and demonstrating the integrated effects
chains under the mission management pilot program established
by section 871 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81); and
(B) providing continuing support and sustainment for, and
training and exercising of, the integrated effects chains
under the operational command of the Commander of United
States Indo-Pacific Command.
(4) Integrate the planning and demonstrations of the
effects chains with--
(A) the Production, Exploitation, and Dissemination Center
in United States Indo-Pacific Command;
(B) the Family of Integrated Targeting Cells; and
(C) the tactical dissemination and information sharing
systems for the Armed Forces and allies of the United States,
including the Mission Partner Environment and the Maven Smart
System.
(c) Performance Goals.--The Deputy Secretary, the Vice
Chairman, and the Commander shall seek to--
(1) demonstrate at least one new integrated effects chain
on a quarterly basis, beginning with the third quarter of
fiscal year 2023; and
(2) include such demonstrations, as feasible, in Valiant
Shield, Northern Edge, the Large Scale Global Exercise, the
quarterly Scarlet Dragon exercises, the Global Information
Dominance Experiments (GIDE), and annual force exercises in
the area of responsibility of United States Indo-Pacific
Command.
(d) Implementation Plan and Establishment of Joint Force
Headquarters.--
(1) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Commander, in
consultation and coordination with the Deputy Secretary and
the Vice Chairman, shall submit to the congressional defense
committees an implementation plan for the establishment of a
joint force headquarters to serve as an operational command,
including for --
(A) integrating joint all domain command and control
effects chains and mission command and control, including in
conflicts that arise with minimal warning;
(B) integrating the capabilities of Assault Breaker II,
developed by the Defense Advanced Research Projects Agency,
and related developmental efforts as they transition to
operational deployment;
(C) exercising other joint all domain command and control
capabilities and functions; and
(D) such other missions and operational tasks as the
Commander may assign.
(2) Elements.--The plan shall required by paragraph (1)
shall include the following:
(A) A description of the operational chain of command of
the joint force headquarters to be established.
(B) An identification of the manning and resourcing
required for the joint force headquarters, relative to
assigned missions, particularly the sources of personnel
required.
(C) A description of the mission and lines of effort of the
joint force headquarters.
(D) A description of the relationship with existing
entities in United States Indo-Pacific Command, including an
assessment of complementary and duplicative activities with
such entities and the joint force headquarters.
(E) An identification of infrastructure required to support
the joint force headquarters.
(F) Such other matters as the Commander considers
appropriate.
(3) Establishment.--Not later than October 1, 2024, the
Commander shall, in consultation and coordination with the
Deputy Secretary and the Vice Chairman, establish a joint
force headquarters as described in paragraph (1).
(e) Support for Joint Force Headquarters.--The commander of
the joint force headquarters established under subsection
(d)(3) shall be supported by the United States Indo-Pacific
Command subordinate unified commands, subordinate component
commands, standing joint task force, and the military
services.
(f) Annual Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and not less frequently than once
each year thereafter until December 31, 2028, the Deputy
Secretary and Vice Chairman, in coordination with the
Commander of the United States Indo-Pacific Command, and the
commander of the joint force headquarters established under
subsection (d)(3), shall submit
[[Page S6126]]
to the congressional defense committees an annual report on
such joint force headquarters.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) A description of the mission and lines of effort of the
joint force headquarters.
(B) An accounting of the personnel and other resources
supporting the joint force headquarters, including support
external to the headquarters.
(C) A description of the operational chain of command of
the joint force headquarters.
(D) An assessment of the manning and resourcing of the
joint force headquarters, relative to assigned missions.
(E) A description of the relationship with existing
entities in Indo-Pacific Command, including an assessment of
complementary and duplicative activities with such entities
and the joint force headquarters.
(3) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(g) Definitions.--In this section:
(1) The term ``Family of Integrated Targeting Cells`` means
the Maritime Targeting Cell-Afloat, the Maritime Targeting
Cell-Expeditionary, the Tactical Intelligence Targeting
Access Node, and other interoperable tactical ground stations
able to task the collection of, receive, process, and
disseminate track and targeting information from many sensing
systems in austere communications conditions.
(2) The term ``joint all domain command and control`` means
the warfighting capability to sense, make sense, and act at
all levels and phases of war, across all domains, and with
partners, to deliver information advantage at the speed of
relevance.
(3) The term ``mission command`` means pre-determined, pre-
approved, operational event-driven authorities and
capabilities that ensure decentralized mission execution and
operational effectiveness during situations where
communications are denied, disconnected, intermittent, and
limited.
SEC. 1047. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH
OF THE NORTHERN MARIANA ISLANDS FOR CERTAIN
NONIMMIGRANT H-2B WORKERS.
Section 6(b)(1)(B) of the Joint Resolution entitled ``A
Joint Resolution to approve the `Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America`, and for other
purposes``, approved March 24, 1976 (48 U.S.C.
1806(b)(1)(B)), is amended, in the matter preceding clause
(i), by striking ``December 31, 2023`` and inserting
``December 31, 2029``.
SEC. 1048. DEPARTMENT OF DEFENSE SUPPORT FOR CIVIL
AUTHORITIES TO ADDRESS THE ILLEGAL IMMIGRATION
CRISIS AT THE SOUTHWEST BORDER.
(a) Findings.--Congress finds the following:
(1) The Department of Defense has provided critical support
to U.S. Customs and Border Protection along the southwest
border.
(2) The Department of Defense`s presence along the
southwest border assisted U.S. Customs and Border Protection
in deterring illegal crossings at the southwest border.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) Department of Defense personnel have provided
outstanding support to U.S. Customs and Border Protection
along the southwest border; and
(2) the Department of Defense`s Support of Civil Authority
Mission has significantly contributed to mitigating the
impact of the current security challenges along the southwest
border of the United States.
(c) Quarterly Briefings.--Not later than 30 days after the
date of the enactment of this Act, and every 90 days
thereafter through December 31, 2024, the Undersecretary of
Defense for Policy shall provide an unclassified briefing to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives,
with a classified component, if necessary, regarding--
(1) Department of Defense planning to address current and
anticipated border support mission requirements as part of
the Department of Defense`s annual planning, programming,
budgeting, and execution process;
(2) the security situation along the southwest border of
the United States;
(3) any Department of Defense efforts, or updates to
existing efforts, to cooperate with Mexico with respect to
border security;
(4) the type of support that is currently being provided by
the Department of Defense along the southwest border of the
United States;
(5) the impact of such efforts and support on National
Guard readiness; and
(6) any recommendations for whether the southwest border
mission of the Department of Defense should be expanded to
respond to the security situation referred to in paragraph
(2).
SEC. 1049. DEPARTMENT OF DEFENSE SUPPORT FOR FUNERALS AND
MEMORIAL EVENTS FOR MEMBERS AND FORMER MEMBERS
OF CONGRESS.
(a) In General.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 130 the following new
section:
``Sec. 130a. Department of Defense support for funerals and
related memorial events for Members and former Members of
Congress
``(a) Support for Funerals.--The Secretary of Defense may
provide such support as the Secretary considers appropriate
for the funeral or related memorial events of a Member or
former Member of Congress, including support with respect to
transportation to and from the funeral or other memorial
events, in accordance with this section.
``(b) Requests for Support; Secretary Determination.--The
Secretary may provide support under this section--
``(1) upon request from the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, or the
Minority Leader of the Senate; or
``(2) if the Secretary determines such support is necessary
to carry out duties or responsibilities of the Department of
Defense.
``(c) Use of Funds.--The Secretary may use funds authorized
to be appropriated for operations and maintenance to provide
support under this section.``.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130 the following new item:
``130a. Department of Defense support for funerals and memorial events
for Members and former Members of Congress.
SEC. 1050. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPTANCE OF
GIFTS BY MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE AND COAST GUARD EMPLOYEES
AND THEIR FAMILIES.
Section 2601a of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; or`` and inserting a
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) that results in enrollment in a Warriors in
Transition program, as defined in section 738(e) of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 10 U.S.C. 1071 note); or``; and
(2) in subsection (c), by striking ``or (3)`` and inserting
``, (3), or (4)``.
SEC. 1051. TECHNICAL AMENDMENTS RELATED TO RECENTLY ENACTED
COMMISSIONS.
(a) Assistance From Department of Defense.--The Department
of Defense may provide to each covered commission on a
reimbursable basis such services, funds, facilities, staff,
and other support services as necessary for the performance
of such commission`s functions, at the request of such
commission, and amounts may be paid to a covered commission
for the purposes of funding such commission from amounts
appropriated to the Department of Defense, as provided in
advance in appropriations Acts.
(b) Covered Commission Defined.--In this section , the term
``covered commission`` means a commission established
pursuant to the following sections of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81):
(1) Section 1004 (Commission on Planning, Programming,
Budgeting, and Execution Reform).
(2) section 1091 (National Security Commission on Emerging
Biotechnology).
(3) section 1094 (Afghanistan War Commission).
(4) section 1095 (Commission on the National Defense
Strategy).
(5) section 1687 (Congressional Commission on the Strategic
Posture of the United States).
Subtitle F--Studies and Reports
SEC. 1061. SUBMISSION OF NATIONAL DEFENSE STRATEGY IN
CLASSIFIED AND UNCLASSIFIED FORM.
Section 113(g)(1)(D) of title 10, United States Code, is
amended by striking ``in classified form with an unclassified
summary.`` and inserting ``in both classified and
unclassified form. The unclassified form may not be a summary
of the classified document.``.
SEC. 1062. REPORT ON IMPACT OF CERTAIN ETHICS REQUIREMENTS ON
DEPARTMENT OF DEFENSE HIRING, RETENTION, AND
OPERATIONS.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center to conduct a study assessing whether the
statutory ethics requirements unique to the Department of
Defense and as set forth in paragraph (3) have had an impact
on the hiring or retention of personnel at the Department of
Defense, particularly those with specialized experience or
training.
(2) Elements.--The study required under paragraph (1) shall
include the following elements:
(A) An examination of how the statutory ethics requirements
set forth in paragraph (3) are inconsistent or incongruent
with ethics statutes that apply to all executive branch
employees.
(B) An examination of how the statutory ethics requirements
set forth in paragraph (3) have impacted hiring and retention
of personnel, particularly those with specialized experience
or training, at the Department of Defense in comparison to
other executive branch agencies not subject to such
requirements.
(C) An examination of how any confusion in the
interpretation of the statutory ethics
[[Page S6127]]
requirements set forth in paragraph (3)(B) may have impacted
the hiring or retention of personnel, particularly those with
specialized experience or training, at the Department of
Defense.
(D) An examination of how the statutory restrictions set
forth in subparagraphs (B) and (C) of paragraph (3) may
impact the ability of the Department of Defense to obtain
expertise from industry and other groups in support of
technology development, supply chain security, and other
national security matters.
(E) Any suggested changes to the statutory ethics
requirements set forth in paragraph (3) to further the goals
behind the requirements while also supporting the Department
of Defense`s ability to hire and retain personnel, and obtain
expertise from academia, think tanks, industry, and other
groups to support national security.
(3) Covered ethics requirements.--The ethics requirements
referred to in paragraph (1) are the following provisions of
law:
(A) Section 847 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1701
note).
(B) Section 1045 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 971 note
prec.).
(C) Section 1117 of the National Defense Authorization Act
for Fiscal Year 2022 (10 U.S.C. 971 note prec.).
(D) Section 988 of title 10, United States Code.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the federally funded research and
development center with which the Secretary contracts under
subsection (a) shall submit to the Secretary a report
containing the results of the study conducted pursuant to
that subsection.
(2) Transmittal to congress.--Not later than 30 days after
the Secretary receives the report under paragraph (1), the
Secretary shall transmit a copy of the report to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.
SEC. 1063. EXTENSION OF CERTAIN REPORTING DEADLINES.
(a) Commission on Planning, Programming, Budgeting, and
Execution Reform.--Section 1004(g) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1886) is amended--
(1) in paragraph (1), by striking ``February 6, 2023`` and
inserting ``August 6, 2023``; and
(2) in paragraph (2), by striking ``September 1, 2023`` and
inserting ``March 1, 2024``.
(b) National Security Commission on Emerging
Biotechnology.--Section 1091(g) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1931) is amended--
(1) in paragraph (1), by striking ``2 years after`` and
inserting ``2 years and 6 months after``; and
(2) in paragraph (2), by striking ``1 year after`` and
inserting ``1 year and 6 months after``.
(c) Commission on the National Defense Strategy.--Section
1095(g) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1945) is amended--
(1) in paragraph (1), by striking ``one year after`` and
inserting ``one year and 6 months after``; and
(2) in paragraph (2), by striking ``180 days after`` and
inserting ``one year after``.
(d) Congressional Commission on the Strategic Posture of
the United States.--Section 1687(d) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 2128) is amended--
(1) in paragraph (1), by striking ``December 31, 2022`` and
inserting ``June 30, 2023``; and
(2) in paragraph (3), by striking ``180 days after`` and
inserting ``one year after``.
Subtitle G--Other Matters
SEC. 1071. ANNUAL RISK ASSESSMENT.
Section 222a of title 10, United States Code, is amended--
(1) in the section heading, by inserting ``and risk
assessment`` after ``priorities``;
(2) in subsection (a), by inserting ``and risk assessment``
after ``priorities``;
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Elements`` and
inserting ``Unfunded Priority Report Elements``; and
(B) by striking ``report under this subsection`` and
inserting ``unfunded priority report required under
subsection (a)``;
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Risk Assessment Elements.--Each risk assessment
required under subsection (a) shall specify, in writing, the
following:
``(1) An assessment of the risks associated with the most
current National Military Strategy (or update) under section
153(b)(1) of this title.
``(2) Any changes to the strategic environment, threats,
objectives, force planning and sizing constructs,
assessments, and assumptions.
``(3) Military strategic risks to United States interests
and military risks in executing the National Military
Strategy (or update).
``(4) Identification and definition of levels of risk,
including an identification of what constitutes `significant`
risk in the judgment of the officer.
``(5) Identification and assessment of risk in the National
Military Strategy (or update) by category and level and the
ways in which risk might manifest itself, including how risk
is projected to increase, decrease, or remain stable over
time.
``(6) For each category of risk, an assessment of the
extent to which current or future risk increases, decreases,
or is stable as a result of budgetary priorities, tradeoffs,
or fiscal constraints or limitations as currently estimated
and applied in the current future-years defense program under
section 221 of this title.
``(7) Identification and assessment of risks associated
with the assumptions or plans of the National Military
Strategy (or update) about the contributions of external
support, as appropriate.
``(8) Identification and assessment of the critical
deficiencies and strengths in force capabilities (including
manpower, logistics, intelligence, and mobility support) and
identification and assessment of the effect of such
deficiencies and strengths for the National Military Strategy
(or update).
``(9) Identification and assessment of risk resulting from,
or likely to result from, current or projected effects on
military installation resilience.``.
SEC. 1072. JOINT CONCEPT FOR COMPETING.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop a Joint Concept for Competing.
(b) Purposes.--The purposes of the Joint Concept for
Competing are to--
(1) define the role of the United States Armed Forces in
long-term strategic competition with specific adversaries;
(2) conceptualize the campaigning of Department of Defense
joint forces and employment of capabilities to eliminate
opportunities for adversary aggression during day-to-day
competition, deter adversary military action, and set
conditions for victory during sustained conflict;
(3) describe the manner in which the Department of Defense
will utilize its forces, capabilities, posture, indications
and warning systems, and authorities to protect United States
national interests, including integration with other
instruments of national power and through security
cooperation with partners and allies and operations,
particularly below the threshold of traditional armed
conflict;
(4) identify priority lines of effort and assign
responsibility to relevant military services, combatant
commands, and other elements of the Department of Defense for
each specified line of effort in support of the Joint Concept
for Competing; and
(5) provide a means for integrating and continuously
improving the Department`s ability to engage in long-term
strategic competition.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
2 years, the Secretary of Defense shall provide a report to
the congressional defense committees on the implementation of
the Joint Concept for Competing.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A detailed description of actions taken by the
Department of Defense relative to the purposes specified
under subsection (b).
(B) An articulation of any new concepts or strategies
necessary to support the Joint Concept for Competing.
(C) An articulation of any capabilities, resources, or
authorities necessary to implement the Joint Concept for
Competing.
(D) An explanation of the manner in which the Joint Concept
for Competing relates to and integrates with the Joint
Warfighting Concept.
(E) An explanation of the manner in which the Joint Concept
for Competing synchronizes and integrates with efforts of
other departments and agencies of the United States
Government to address long-term strategic competition.
(F) Any other matters the Secretary of Defense determines
relevant.
SEC. 1073. PRIORITIZATION AND ACCELERATION OF INVESTMENTS TO
ATTAIN THREAT MATRIX FRAMEWORK LEVEL 4
CAPABILITY AT TRAINING RANGES SUPPORTING F-35
OPERATIONS.
(a) Sense of Congress.--It is the sense of the Senate
that--
(1) the Air Force must train to fight and win in highly
contested and competitive environments against
technologically advanced adversaries;
(2) in order for the Air Force to be proficient in tactics,
techniques, and procedures and effectively execute at an
operational level, the Air Force must train in an accurately
replicated multi-domain environment for joint operations;
(3) the Air Force can emulate only a fraction of existing
and emerging threats to a level suitable for advanced sensors
and cannot provide a contested or degraded environment with
the threats available at the two major training ranges of the
Air Force; and
(4) since the Secretary of the Air Force says the Air Force
cannot afford to allocate advanced capabilities across all
ranges, the Air Force must prioritize developments and
upgrades for ranges to ensure that one or more ranges have a
complete suite of capability to conduct advanced F-35
training.
(b) Upgrade of Facilities.--
[[Page S6128]]
(1) In general.--The Secretary of the Air Force shall
prioritize and accelerate investments to develop and upgrade
one or more ranges to attain threat matrix framework level 4
capability, such as peer capability, by not later than fiscal
year 2026.
(2) Elements.--In carrying out paragraph (1), the Secretary
of the Air Force shall prioritize--
(A) advanced radar threat systems;
(B) live mission operations capability common architecture;
(C) infrastructure, including roads, site preparation,
secure facilities, power and communications infrastructure,
and modernized range operations centers;
(D) advanced integrated air defense systems;
(E) air combat maneuvering instrumentation modernization;
(F) global positioning system jamming suites;
(G) contested-degraded operations jamming suites;
(H) higher fidelity targets with more advanced
characteristics;
(I) modernized weapons scoring systems; and
(J) secure, live-virtual-constructive advanced air combat
training systems.
SEC. 1074. MODIFICATION OF ARCTIC SECURITY INITIATIVE.
Section 1090(b)(2) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) is amended--
(1) in subparagraph (A), by striking ``the Secretary may``
and inserting ``the Secretary shall``; and
(2) in subparagraph (B)(i), by striking ``If the Initiative
is established`` and inserting ``On the establishment of the
Initiative``.
SEC. 1075. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED
FIREARMS.
(a) Establishment.--The Secretary of Defense shall
establish a pilot program to promote the safe storage of
personally owned firearms.
(b) Elements.--Under the pilot program under subsection
(a), the Secretary of Defense shall furnish to members of the
Armed Forces who are participating in the pilot program at
military installations selected under subsection (e) locking
devices or firearm safes, or both, for the purpose of
securing personally owned firearms when not in use (including
by directly providing, subsidizing, or otherwise making
available such devices or safes).
(c) Participation.--
(1) Voluntary participation.--Participation by members of
the Armed Forces in the pilot program under subsection (a)
shall be on a voluntary basis.
(2) Location of participants.--A member of the Armed Forces
may participate in the pilot program under subsection (a)
carried out at a military installation selected under
subsection (e) regardless of whether the member resides at
the military installation.
(d) Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a plan for the implementation of the
pilot program under subsection (a).
(e) Selection of Installations.--Not later than two years
after the date of the enactment of this Act, the Secretary of
Defense shall select not fewer than five military
installations at which to carry out the pilot program under
subsection (a).
(f) Effect on Existing Policies.--Nothing in this section
shall be construed to circumvent or undermine any existing
safe storage policies, laws, or regulations on military
installations.
(g) Report.--Upon the termination under subsection (f) of
the pilot program under subsection (a), the Secretary of
Defense shall submit to the congressional defense committees
a report containing the following information:
(1) The number and type of locking devices and firearm
safes furnished to members of the Armed Forces under the
pilot program.
(2) The cost of carrying out the pilot program.
(3) An analysis of the effect of the pilot program on
suicide prevention.
(4) Such other information as the Secretary may determine
appropriate, which shall exclude any personally identifiable
information about participants in the pilot program.
(h) Termination.--The pilot program under subsection (a)
shall terminate on the date that is six years after the date
of the enactment of this Act.
SEC. 1076. SENSE OF THE SENATE ON REDESIGNATION OF THE AFRICA
CENTER FOR STRATEGIC STUDIES AS THE JAMES M.
INHOFE CENTER FOR AFRICA STRATEGIC STUDIES.
It is the sense of the Senate that--
(1) Senator James M. Inhofe--
(A) has, during his more than three decades of service in
the United States Congress--
(i) demonstrated a profound commitment to strengthening
United States-Africa relations; and
(ii) been one of the foremost leaders in Congress on
matters related to United States-Africa relations;
(B) was a key advocate for the establishment of United
States Africa Command; and
(C) has conducted 170 visits to countries in Africa; and
(2) as a recognition of Senator Inhofe`s long history of
engaging with, and advocating for, Africa, the Department of
Defense Africa Center for Strategic Studies should be renamed
the James M. Inhofe Center for Africa Strategic Studies.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN
TIME-LIMITED APPOINTMENTS TO COMPETE FOR
PERMANENT APPOINTMENTS.
Section 3304 of title 5, United States Code, is amended by
adding at the end the following:
``(g) Eligibility of Department of Defense Employees in
Time-limited Appointments to Compete for Permanent
Appointments.--
``(1) Definitions.--In this subsection--
``(A) the term `Department` means the Department of
Defense; and
``(B) the term `time-limited appointment` means a temporary
or term appointment in the competitive service.
``(2) Eligibility.--Notwithstanding any other provision of
this chapter or any other provision of law relating to the
examination, certification, and appointment of individuals in
the competitive service, an employee of the Department
serving under a time-limited appointment is eligible to
compete for a permanent appointment in the competitive
service when the Department is accepting applications from
individuals within its own workforce, or from individuals
outside its own workforce, under merit promotion procedures,
if--
``(A) the employee was appointed initially under open,
competitive examination under subchapter I of this chapter to
the time-limited appointment;
``(B) the employee has served under 1 or more time-limited
appointments within the Department for a period or periods
totaling more than 2 years without a break of 2 or more
years; and
``(C) the employee`s performance has been at an acceptable
level of performance throughout the period or periods
referred to in subparagraph (B).
``(3) Career-conditional status; competitive status.--An
individual appointed to a permanent position under this
section--
``(A) becomes a career-conditional employee, unless the
employee has otherwise completed the service requirements for
career tenure; and
``(B) acquires competitive status upon appointment.
``(4) Former employees.--If the Department is accepting
applications as described in paragraph (2), a former employee
of the Department who served under a time-limited appointment
and who otherwise meets the requirements of this section
shall be eligible to compete for a permanent position in the
competitive service under this section if--
``(A) the employee applies for a position covered by this
section not later than 2 years after the most recent date of
separation; and
``(B) the employee`s most recent separation was for reasons
other than misconduct or performance.
``(5) Regulations.--The Office of Personnel Management
shall prescribe regulations necessary for the administration
of this subsection.``.
SEC. 1102. EMPLOYMENT AUTHORITY FOR CIVILIAN FACULTY AT
CERTAIN MILITARY DEPARTMENT SCHOOLS.
(a) Addition of Army University and Additional Faculty.--
(1) In general.--Section 7371 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking ``the Army War College
or the United States Army Command and General Staff College``
and inserting ``the Army War College, the United States Army
Command and General Staff College, and the Army University``;
and
(B) by striking subsection (c).
(2) Conforming amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 7371. Army War College, United States Army Command and
General Staff College, and Army University: civilian
faculty members``.
(B) Table of sections.--The table of sections at the
beginning of chapter 747 of such title is amended by striking
the item relating to section 7371 and inserting the following
new item:
``7371. Army War College, United States Army Command and General Staff
College, and Army University: civilian faculty members.
(b) Naval War College and Marine Corps University.--Section
8748 of such title is amended by striking subsection (c).
(c) Air University.--Section 9371 of such title is amended
by striking subsection (c).
SEC. 1103. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY
MEMBERS AT INTER-AMERICAN DEFENSE COLLEGE.
(a) In General.--Subsection (c) of section 1595 of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(9) The United States Element of the Inter-American
Defense College.``.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking ``institutions`` and
inserting ``organizations``; and
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Institutions``
and inserting ``Organizations``; and
[[Page S6129]]
(B) in the matter preceding paragraph (1), by striking
``institutions`` and inserting ``organizations``.
SEC. 1104. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO
ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092 of title 10, United States Code, is amended--
(1) in subsection (a)(8), in the second sentence, by
striking ``December 31, 2025`` and inserting ``December 31,
2030``;
(2) in subsection (b)--
(A) in paragraph (1)(H)--
(i) by striking ``10 positions`` and inserting ``15
positions``; and
(ii) by striking ``3 such positions`` and inserting ``5
such positions``; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i), by striking
``paragraph (1)(B)`` and inserting ``subparagraphs (B) and
(H) of paragraph (1)``;
(ii) in clause (i)--
(I) by striking ``to any of`` and inserting ``to any of
the``; and
(II) by inserting ``and any of the 5 positions designated
by the Director of the Space Development Agency`` after
``Projects Agency``; and
(iii) in clause (ii), by striking ``the Director`` and
inserting ``the Director of the Defense Advanced Research
Projects Agency or the Director of the Space Development
Agency``; and
(3) in subsection (c)(2), by inserting ``the Space
Development Agency,`` after ``Intelligence Center,``.
SEC. 1105. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND
TECHNOLOGY POSITIONS IN SCIENCE AND TECHNOLOGY
REINVENTION LABORATORIES.
(a) In General.--Chapter 303 of title 10, United States
Code, is amended by inserting after section 4093 the
following new section:
``Sec. 4094. Enhanced pay authority for certain research and
technology positions in science and technology reinvention
laboratories
``(a) In General.--The Secretary of Defense may carry out a
program using the pay authority specified in subsection (d)
to fix the rate of basic pay for positions described in
subsection (c) in order to assist the military departments in
attracting and retaining high quality acquisition and
technology experts in positions responsible for managing and
performing complex, high-cost research and technology
development efforts in the science and technology reinvention
laboratories of the Department of Defense.
``(b) Approval Required.--The program may be carried out in
a military department only with the approval of the service
acquisition executive of the military department concerned.
``(c) Positions.--The positions described in this
subsection are positions in the science and technology
reinvention laboratories of the Department of Defense that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition
management field; and
``(2) are critical to the successful accomplishment of an
important research or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in
this subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the service acquisition executive concerned.
``(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Secretary of the military department
concerned.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
``(2) Number of positions.--The authority in subsection (a)
may not be used with respect to more than five positions in
each military department at any one time, unless the Under
Secretary of Defense for Research and Engineering, in
concurrence with the Secretaries of the military departments
concerned, authorizes the transfer of positions from one
military department to another.
``(3) Term of positions.--The authority in subsection (a)
may be used only for positions having a term of less than
five years.
``(f) Science and Technology Reinvention Laboratories of
the Department of Defense Defined.--In this section, the term
`science and technology reinvention laboratories of the
Department of Defense` means the laboratories designated as
science and technology reinvention laboratories by section
4121(b) of this title.``.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 303 of such title is amended by
inserting after the item relating to section 4093 the
following new item:
``4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.
SEC. 1106. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON
DYNAMIC SHAPING OF THE WORKFORCE TO IMPROVE THE
TECHNICAL SKILLS AND EXPERTISE AT CERTAIN
DEPARTMENT OF DEFENSE LABORATORIES.
(a) Repeal of Obsolete Provision.--Section 1109(b)(1) of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) is amended by striking subparagraph (D).
(b) Extension of Authority.--Section 1109(d)(1) of such Act
is amended by striking ``December 31, 2023`` and inserting
``December 31, 2027``.
SEC. 1107. MODIFICATION OF EFFECTIVE DATE OF REPEAL OF TWO-
YEAR PROBATIONARY PERIOD FOR EMPLOYEES.
Section 1106 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1950) is
amended--
(1) in subsection (a)(1), by striking ``December 31, 2022``
and inserting ``December 31, 2024``; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(3) Effective date.--The amendments made by paragraphs
(1) and (2) shall take effect on December 31, 2024.``.
SEC. 1108. MODIFICATION AND EXTENSION OF AUTHORITY TO WAIVE
ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1112 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1953),
is further amended--
(1) by striking ``that is in the area of responsibility``
and all that follows through ``United States Africa
Command,``; and
(2) by striking ``through 2022`` and inserting ``through
2023``.
SEC. 1109. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1114 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1954),
is further amended by striking ``2023`` and inserting
``2024``.
SEC. 1110. MODIFICATION OF TEMPORARY EXPANSION OF AUTHORITY
FOR NONCOMPETITIVE APPOINTMENTS OF MILITARY
SPOUSES BY FEDERAL AGENCIES.
(a) Extension of Sunset.--Subsection (e) of section 573 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 5 U.S.C. 3330d note) is
amended, in the matter preceding paragraph (1), by striking
``the date that is 5 years after the date of the enactment of
this Act`` and inserting ``December 31, 2028``.
(b) Repeal of OPM Limitation and Reports.--Subsection (d)
of such section is repealed.
SEC. 1111. DEPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE
ACADEMY.
(a) Establishment.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of Homeland Security and the Director of
the Office of Personnel and Management, shall establish a
program to provide financial support for pursuit of programs
of education at institutions of high education in covered
disciplines.
(2) Covered disciplines.--For purposes of the Program, a
covered discipline is a discipline that the Secretary of
Defense determines is critically needed and is cyber- or
digital technology-related, including the following:
(A) Computer-related arts and sciences.
(B) Cyber-related engineering.
(C) Cyber-related law and policy.
(D) Applied analytics related sciences, data management,
and digital engineering, including artificial intelligence
and machine learning.
(E) Such other disciplines relating to cyber,
cybersecurity, digital technology, or supporting functions as
the Secretary of Defense considers appropriate.
(3) Designation.--The program established under paragraph
(1) shall be known as the ``Department of Defense Cyber and
Digital Service Academy`` (in this section the ``Program``).
(b) Program Description and Components.--The Program
shall--
(1) provide scholarships through institutions of higher
education to students who are enrolled in programs of
education at such institutions leading to degrees or
specialized program certifications in covered disciplines;
and
(2) prioritize the placement of scholarship recipients
fulfilling the post-award employment obligation under this
section.
(c) Scholarship Amounts.--
(1) Amount of assistance.--(A) Each scholarship under the
Program shall be in such amount as the Secretary determines
necessary--
(i) to pay all educational expenses incurred by that
person, including tuition, fees, cost of books, and
laboratory expenses, for the pursuit of the program of
education for which the assistance is provided under the
Program; and
[[Page S6130]]
(ii) to provide a stipend for room and board.
(B) The Secretary shall ensure that expenses paid are
limited to those educational expenses normally incurred by
students at the institution of higher education involved.
(2) Support for internship activities.--The financial
assistance for a person under this section may also be
provided to support internship activities of the person in
the Department of Defense and combat support agencies in
periods between the academic years leading to the degree or
specialized program certification for which assistance is
provided the person under the Program.
(3) Period of support.--Each scholarship under the Program
shall be for not more than 5 years.
(4) Additional stipend.--Students demonstrating financial
need, as determined by the Secretary, may be provided with an
additional stipend under the Program.
(d) Post-award Employment Obligations.--Each scholarship
recipient, as a condition of receiving a scholarship under
the Program, shall enter into an agreement under which the
recipient agrees to work for a period equal to the length of
the scholarship, following receipt of the student`s degree or
specialized program certification, in the cyber- and digital
technology-related missions of the Department, in accordance
with the terms and conditions specified by the Secretary in
regulations the Secretary shall promulgate to carry out this
subsection.
(e) Hiring Authority.--In carrying out this section,
specifically with respect to enforcing the obligations and
conditions of employment under subsection (d), the Secretary
may use any authority otherwise available to the Secretary
for the recruitment, employment, and retention of civilian
personnel within the Department, including authority under
section 1599f of title 10, United States Code.
(f) Eligibility.--To be eligible to receive a scholarship
under the Program, an individual shall--
(1) be a citizen or lawful permanent resident of the United
States;
(2) demonstrate a commitment to a career in improving the
security of information technology or advancing the
development and application of digital technology;
(3) have demonstrated a high level of competency in
relevant knowledge, skills, and abilities, as defined by the
national cybersecurity awareness and education program under
section 303 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7443);
(4) be a full-time student, or have been accepted as a
full-time student, in a program leading to a degree or
specialized program certification in a covered discipline at
an institution of higher education;
(5) enter into an agreement accepting and acknowledging the
post award employment obligations, pursuant to section (d);
(6) accept and acknowledge the conditions of support under
section (g); and
(7) meet such other requirements for a scholarship as
determined appropriate by the Secretary.
(g) Conditions of Support.--
(1) In general.--As a condition of receiving a scholarship
under this section, a recipient shall agree to provide the
Office of Personnel Management (in coordination with the
Department of Defense) and the institutions of higher
education described in subsection (a)(1) with annual
verifiable documentation of post-award employment and up-to-
date contact information.
(2) Terms.--A scholarship recipient under the Program shall
be liable to the United States as provided in subsection (i)
if the individual--
(A) fails to maintain an acceptable level of academic
standing at the applicable institution of higher education,
as determined by the Secretary;
(B) is dismissed from the applicable institution of higher
education for disciplinary reasons;
(C) withdraws from the eligible degree program before
completing the Program;
(D) declares that the individual does not intend to fulfill
the post-award employment obligation under this section;
(E) fails to maintain or fulfill any of the post-graduation
or post-award obligations or requirements of the individual;
or
(F) fails to fulfill the requirements of paragraph (1).
(h) Monitoring Compliance.--As a condition of participating
in the Program, an institution of higher education shall--
(1) enter into an agreement with the Secretary to monitor
the compliance of scholarship recipients with respect to
their post-award employment obligations; and
(2) provide to the Secretary and the Director of the Office
of Personnel Management, on an annual basis, the post-award
employment documentation required under subsection (g)(1) for
scholarship recipients through the completion of their post-
award employment obligations.
(i) Amount of Repayment.--
(1) Less than 1 year of service.--If a circumstance
described in subsection (g)(2) occurs before the completion
of 1 year of a post-award employment obligation under the
Program, the total amount of scholarship awards received by
the individual under the Program shall be considered a debt
to the Government and repaid in its entirety.
(2) 1 or more years of service.--If a circumstance
described in subparagraph (D) or (E) of subsection (g)(2)
occurs after the completion of 1 or more years of a post-
award employment obligation under the Program, the total
amount of scholarship awards received by the individual under
the Program, reduced by the ratio of the number of years of
service completed divided by the number of years of service
required, shall be considered a debt to the Government and
repaid in accordance with subsection (j).
(j) Repayments.--A debt described subsection (i) shall be
subject to repayment, together with interest thereon accruing
from the date of the scholarship award, in accordance with
terms and conditions specified by the Secretary in
regulations promulgated to carry out this subsection.
(k) Collection of Repayment.--
(1) In general.--In the event that a scholarship recipient
is required to repay the scholarship award under the Program,
the institution of higher education providing the scholarship
shall--
(A) determine the repayment amounts and notify the
recipient, the Secretary, and the Director of the Office of
Personnel Management of the amounts owed; and
(B) collect the repayment amounts within a period of time
as determined by the Secretary.
(2) Returned to treasury.--Except as provided in paragraph
(3), any repayment under this subsection shall be returned to
the Treasury of the United States.
(3) Retain percentage.--An institution of higher education
may retain a percentage of any repayment the institution
collects under this subsection to defray administrative costs
associated with the collection. The Secretary shall establish
a single, fixed percentage that will apply to all eligible
entities.
(l) Public Information.--
(1) Evaluation.--The Secretary, in coordination with the
Director of the Office of Personnel Management, shall
periodically evaluate and make public, in a manner that
protects the personally identifiable information of
scholarship recipients, information on the success of
recruiting individuals for scholarships under the Program and
on hiring and retaining those individuals in the Department
of Defense workforce, including information on--
(A) placement rates;
(B) where students are placed, including job titles and
descriptions;
(C) salary ranges for students not released from
obligations under this section;
(D) how long after graduation students are placed;
(E) how long students stay in the positions they enter upon
graduation;
(F) how many students are released from obligations; and
(G) what, if any, remedial training is required.
(2) Reports.--The Secretary, in consultation with the
Office of Personnel Management, shall submit, not less
frequently than once every two years, to Congress a report,
including--
(A) the results of the evaluation under paragraph (1);
(B) the disparity in any reporting between scholarship
recipients and their respective institutions of higher
education; and
(C) any recent statistics regarding the size, composition,
and educational requirements of the relevant Department of
Defense workforce.
(3) Resources.--The Secretary, in coordination with the
Director of the Office of Personnel Management, shall provide
consolidated and user-friendly online resources for
prospective scholarship recipients, including, to the extent
practicable--
(A) searchable, up-to-date, and accurate information about
participating institutions of higher education and job
opportunities relating to covered disciplines; and
(B) a modernized description of careers in covered
disciplines.
(m) Allocation of Funding.--
(1) In general.--Not less than 50 percent of the amount
available for financial assistance under this section for a
fiscal year shall be available only for providing financial
assistance for the pursuit of programs of education referred
to in subsection (b)(1) at institutions of higher education
that have established, improved, or are administering
programs of education in disciplines under the grant program
established in section 2200b of title 10, United States Code,
as determined by the Secretary.
(2) Associate degrees.--Not less than five percent of the
amount available for financial assistance under this section
for a fiscal year shall be available for providing financial
assistance for the pursuit of an associate degree at an
institution described in paragraph (1).
(n) Board of Directors.--In order to help identify
workforce needs and trends relevant to the Program, the
Secretary may establish a board of directors for the Program
that consists of representatives of Federal departments and
agencies.
(o) Commencement of Program.--The Secretary shall commence
the Program as early as practicable, with the first
scholarships awarded under the Program for the academic year
beginning no later than the Fall semester of 2024.
SEC. 1112. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees`` means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
[[Page S6131]]
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives; and
(D) the Committee on Armed Services of the House of
Representatives.
(2) Competitive service.--The term ``competitive service``
has the meaning given the term in section 2102 of title 5,
United States Code.
(3) Excepted service.--The term ``excepted service`` has
the meaning given the term in section 2103 of title 5, United
States Code.
(4) Significant incident.--The term ``significant
incident``--
(A) means an incident or a group of related incidents that
results, or is likely to result, in demonstrable harm to--
(i) the national security interests, foreign relations, or
economy of the United States; or
(ii) the public confidence, civil liberties, or public
health and safety of the people of the United States; and
(B) does not include an incident or a portion of a group of
related incidents that occurs on--
(i) a national security system, as defined in section 3552
of title 44, United States Code; or
(ii) an information system described in paragraph (2) or
(3) of section 3553(e) of title 44, United States Code.
(5) Temporary position.--The term ``temporary position``
means a position in the competitive or excepted service for a
period of 180 days or less.
(6) Uniformed services.--The term ``uniformed services``
has the meaning given the term in section 2101 of title 5,
United States Code.
(b) Pilot Project.--
(1) In general.--The Secretary of the Army shall carry out
a pilot project to establish a Civilian Cybersecurity
Reserve.
(2) Purpose.--The purpose of the Civilian Cybersecurity
Reserve is to enable the Army to provide manpower to the
cyberspace operations forces of the United States Cyber
Command to effectively respond to significant incidents.
(3) Alternative methods.--Consistent with section 4703 of
title 5, United States Code, in carrying out the pilot
project required under paragraph (1), the Secretary may,
without further authorization from the Office of Personnel
Management, provide for alternative methods of--
(A) establishing qualifications requirements for,
recruitment of, and appointment to positions; and
(B) classifying positions.
(4) Appointments.--Under the pilot project required under
paragraph (1), upon occurrence of a significant incident, the
Secretary--
(A) may activate members of the Civilian Cybersecurity
Reserve by--
(i) noncompetitively appointing members of the Civilian
Cybersecurity Reserve to temporary positions in the
competitive service; or
(ii) appointing members of the Civilian Cybersecurity
Reserve to temporary positions in the excepted service;
(B) shall notify Congress whenever a member is activated
under subparagraph (A); and
(C) may appoint not more than 50 members to the Civilian
Cybersecurity Reserve under subparagraph (A) at any time.
(5) Status as employees.--An individual appointed under
paragraph (4) shall be considered a Federal civil service
employee under section 2105 of title 5, United States Code.
(6) Additional employees.--Individuals appointed under
paragraph (4) shall be in addition to any employees of the
United States Cyber Command who provide cybersecurity
services.
(7) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-
discrimination in reemployment of individuals appointed under
paragraph (4), provided that such regulations shall include,
at a minimum, those rights and obligations set forth under
chapter 43 of title 38, United States Code.
(8) Status in reserve.--During the period beginning on the
date on which an individual is recruited to serve in the
Civilian Cybersecurity Reserve and ending on the date on
which the individual is appointed under paragraph (4), and
during any period in between any such appointments, the
individual shall not be considered a Federal employee.
(c) Eligibility; Application and Selection.--
(1) In general.--Under the pilot project required under
subsection (b)(1), the Secretary of the Army shall establish
criteria for--
(A) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(B) the application and selection processes for the
Civilian Cybersecurity Reserve.
(2) Requirements for individuals.--The criteria established
under paragraph (1)(A) with respect to an individual shall
include--
(A) if the individual has previously served as a member of
the Civilian Cybersecurity Reserve, that the previous
appointment ended not less than 60 days before the individual
may be appointed for a subsequent temporary position in the
Civilian Cybersecurity Reserve; and
(B) cybersecurity expertise.
(3) Prescreening.--The Secretary shall--
(A) conduct a prescreening of each individual prior to
appointment under subsection (b)(4) for any topic or product
that would create a conflict of interest; and
(B) require each individual appointed under subsection
(b)(4) to notify the Secretary if a potential conflict of
interest arises during the appointment.
(4) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Secretary to become such a
member, which shall set forth the rights and obligations of
the individual and the Army.
(5) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(6) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve
in the Civilian Cybersecurity Reserve.
(d) Security Clearances.--
(1) In general.--The Secretary of the Army shall ensure
that all members of the Civilian Cybersecurity Reserve
undergo the appropriate personnel vetting and adjudication
commensurate with the duties of the position, including a
determination of eligibility for access to classified
information where a security clearance is necessary,
according to applicable policy and authorities.
(2) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance
in order to carry out the duties of the member, the Army
shall be responsible for the cost of sponsoring the security
clearance of the member.
(e) Study and Implementation Plan.--
(1) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army shall begin
a study on the design and implementation of the pilot project
required under subsection (b)(1), including--
(A) compensation and benefits for members of the Civilian
Cybersecurity Reserve;
(B) activities that members may undertake as part of their
duties;
(C) methods for identifying and recruiting members,
including alternatives to traditional qualifications
requirements;
(D) methods for preventing conflicts of interest or other
ethical concerns as a result of participation in the pilot
project and details of mitigation efforts to address any
conflict of interest concerns;
(E) resources, including additional funding, needed to
carry out the pilot project;
(F) possible penalties for individuals who do not respond
to activation when called, in accordance with the rights and
procedures set forth under title 5, Code of Federal
Regulations; and
(G) processes and requirements for training and onboarding
members.
(2) Implementation plan.--Not later than one year after
beginning the study required under paragraph (1), the
Secretary shall--
(A) submit to the appropriate congressional committees an
implementation plan for the pilot project required under
subsection (b)(1); and
(B) provide to the appropriate congressional committees a
briefing on the implementation plan.
(3) Prohibition.--The Secretary may not take any action to
begin implementation of the pilot project required under
subsection (b)(1) until the Secretary fulfills the
requirements under paragraph (2).
(f) Project Guidance.--Not later than two years after the
date of the enactment of this Act, the Secretary of the Army
shall, in consultation with the Office of Personnel
Management and the Office of Government Ethics, issue
guidance establishing and implementing the pilot project
required under subsection (b)(1).
(g) Briefings and Report.--
(1) Briefings.--Not later than one year after the date of
the enactment of this Act, and every year thereafter until
the date on which the pilot project required under subsection
(b)(1) terminates under subsection (i), the Secretary of the
Army shall provide to the appropriate congressional
committees a briefing on activities carried out under the
pilot project, including--
(A) participation in the Civilian Cybersecurity Reserve,
including the number of participants, the diversity of
participants, and any barriers to recruitment or retention of
members;
(B) an evaluation of the ethical requirements of the pilot
project;
(C) whether the Civilian Cybersecurity Reserve has been
effective in providing additional capacity to the Army during
significant incidents; and
(D) an evaluation of the eligibility requirements for the
pilot project.
(2) Report.--Not earlier than 180 days and not later than
90 days before the date on which the pilot project required
under subsection (b)(1) terminates under subsection (i), the
Secretary shall submit to the appropriate congressional
committees a report and provide a briefing on recommendations
relating to the pilot project, including recommendations
for--
(A) whether the pilot project should be modified, extended
in duration, or established as a permanent program, and if
so, an appropriate scope for the program;
(B) how to attract participants, ensure a diversity of
participants, and address any barriers to recruitment or
retention of members of the Civilian Cybersecurity Reserve;
(C) the ethical requirements of the pilot project and the
effectiveness of mitigation
[[Page S6132]]
efforts to address any conflict of interest concerns; and
(D) an evaluation of the eligibility requirements for the
pilot project.
(h) Evaluation.--Not later than three years after the pilot
project required under subsection (b)(1) is established, the
Comptroller General of the United States shall--
(1) conduct a study evaluating the pilot project; and
(2) submit to Congress--
(A) a report on the results of the study; and
(B) a recommendation with respect to whether the pilot
project should be modified.
(i) Sunset.--The pilot project required under subsection
(b)(1) shall terminate on the date that is four years after
the date on which the pilot project is established.
(j) No Additional Funds.--
(1) In general.--No additional funds are authorized to be
appropriated for the purpose of carrying out this section.
(2) Existing authorized amounts.--Funds to carry out this
section may, as provided in advance in appropriations Acts,
only come from amounts authorized to be appropriated to the
Army.
SEC. 1113. MODIFICATION TO PILOT PROGRAM FOR THE TEMPORARY
ASSIGNMENT OF CYBER AND INFORMATION TECHNOLOGY
PERSONNEL TO PRIVATE SECTOR ORGANIZATIONS.
Section 1110(d) of the National Defense Authorization Act
for Fiscal Year 2010 (5 U.S.C. 3702 note; Public Law 111-84)
is amended by striking ``September 30, 2022`` and inserting
``December 31, 2026``.
SEC. 1114. REPORT ON CYBER EXCEPTED SERVICE.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act and not less frequently
than once each year thereafter until September 30, 2028, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a detailed report on cyber
excepted service positions during the most recent one-year
period.
(b) Contents.--Each report submitted under subsection (a)
shall include, for the period covered by the report, the
following:
(1) A discussion of the process used in accepting
applications, assessing candidates, process for and effect of
adhering to provisions of law establishing preferences for
hiring preference eligible veterans, and selecting applicants
for vacancies to be filled by an individual for a cyber
excepted service position.
(2) A description of the following:
(A) How the Secretary plans to recruit and retain employees
in cyber excepted service positions.
(B) Cyber excepted service performance metrics.
(C) Any actions taken during the reporting period to
improve cyber excepted service implementation.
(3) A discussion of how the planning and actions taken
described in paragraph (2) are integrated into the strategic
workforce planning of the Department.
(4) The metrics on actions occurring during the reporting
period, including the following:
(A) The number of employees in cyber excepted service
positions hired, disaggregated by occupation, grade, and
level or pay band.
(B) The placement of employees in cyber excepted service
positions, disaggregated by military department, Defense
agency, or other component within the Department.
(C) The total number of veterans hired.
(D) The number of separations of employees in cyber
excepted service positions, disaggregated by occupation,
grade, and level or pay band.
(E) The number of retirements of employees in cyber
excepted service positions, disaggregated by occupation,
grade, and level or pay band.
(F) The number and amounts of recruitment, relocation, and
retention incentives paid to employees in cyber excepted
service positions, disaggregated by occupation, grade, and
level or pay band.
(G) The number of employees who declined transition to
qualified cyber excepted service positions.
(5) An assessment of the training provided to supervisors
of employees in cyber excepted service positions at the
Department on the use of the new authorities.
(6) An assessment of the implementation of section
1599f(a)(1)(A) of title 10, United States Code, including--
(A) how each military department, Defense agency, or other
component within the Department is incorporating or intends
to incorporate cyber excepted service personnel in their
cyber mission workforce; and
(B) how the cyber excepted service has allowed each
military department, Defense agency, or other component
within the Department to establish, recruit for, and retain
personnel to fill cyber mission workforce needs.
(7) An assessment of the effect of section 1599f of title
10, United States Code, on the ability of the Department to
recruit, retain, and develop cyber professionals in the
Department.
(8) An assessment of barriers to participation in cyber
excepted service positions, including challenges to
transition between general and excepted service, differences
between compensation, incentives, and benefits, access to
career broadening experiences, or any other barriers as
determined by the Secretary.
(9) Proposed modifications to the cyber excepted service.
(10) Such other matters as the Secretary considers
appropriate.
(c) Definitions.--In this section:
(1) The term ``cyber excepted service`` consists of those
positions established under section 1599f(a)(1)(A) of title
10, United States Code.
(2) The term ``cyber excepted service position`` means a
position in the cyber excepted service.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. EXTENSION OF AUTHORITY TO SUPPORT BORDER SECURITY
OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
Subsection (h) of section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note)
is amended by striking ``December 31, 2023`` and inserting
``December 31, 2025``.
SEC. 1202. MODIFICATION OF REPORTING REQUIREMENT FOR
PROVISION OF SUPPORT TO FRIENDLY FOREIGN
COUNTRIES FOR CONDUCT OF OPERATIONS.
Section 331(d)(2) of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) A description of the one or more entities with which
the applicable friendly foreign country is engaged in
hostilities and whether each such entity is covered by an
authorization for the use of military force.``.
SEC. 1203. PAYMENT OF PERSONNEL EXPENSES NECESSARY FOR
PARTICIPATION IN TRAINING PROGRAM CONDUCTED BY
COLOMBIA UNDER THE UNITED STATES-COLOMBIA
ACTION PLAN FOR REGIONAL SECURITY.
(a) In General.--Subchapter IV of chapter 16 of title 10,
United States Code, is amended by adding at the end the
following new section 335:
``Sec. 335. Payment of personnel expenses necessary for
participation in training program conducted by Colombia
under the United States-Colombia Action Plan for Regional
Security
``(a) Authority.--The Secretary of Defense may pay the
expendable training supplies, travel, subsistence, and
similar personnel expenses of, and special compensation for,
the following that the Secretary considers necessary for
participation in the training program conducted by Colombia
under the United States-Colombia Action Plan for Regional
Security:
``(1) Defense personnel of friendly foreign governments.
``(2) With the concurrence of the Secretary of State, other
personnel of friendly foreign governments and nongovernmental
personnel.
``(b) Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
authority provided in subsection (a) may only be used for the
payment of such expenses of, and special compensation for,
such personnel from developing countries.
``(2) Exception.-- The Secretary may authorize the payment
of such expenses of, and special compensation for, such
personnel from a country other than a developing country if
the Secretary determines that such payment is--
``(A) necessary to respond to extraordinary circumstances;
and
``(B) in the national security interest of the United
States.``.
(b) Annual Report.--Paragraph (1) of section 386(c) of
title 10, United States Code, is amended to read as follows:
``(1) Sections 311, 321, 331, 332, 333, 335, 341, 344, 348,
349, and 350 of this title.``.
(c) Conforming Amendment.--The table of sections at the
beginning of subchapter IV of chapter 16 of title 10, United
States Code, is amended by adding at the end the following
new item:
``335. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.
SEC. 1204. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN
MULTINATIONAL CENTERS OF EXCELLENCE.
Section 344(f) of title 10, United States Code, is
amended--
(1) in paragraph (1)(D), by striking ``and`` at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and``; and
(3) by adding at the end the following new paragraph:
``(3) the International Special Training Centre,
established in 1979 and located in Pfullendorf, Germany.``.
SEC. 1205. MODIFICATION OF REGIONAL DEFENSE COMBATING
TERRORISM AND IRREGULAR WARFARE FELLOWSHIP
PROGRAM AND PLAN FOR IRREGULAR WARFARE CENTER.
(a) Modification of Regional Defense Combating Terrorism
and Irregular Warfare Fellowship Program.--
(1) In general.--Section 345 of title 10, United States
Code, is amended--
[[Page S6133]]
(A) in the section heading, by striking ``Regional Defense
Combating Terrorism and Irregular Warfare Fellowship
Program`` and inserting ``Irregular Warfare Education``;
(B) in subsection (a)--
(i) in the subsection heading, by striking ``Program
Authorized`` and inserting ``Authority``;
(ii) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``operate and administer a Center for
Security Studies in Irregular Warfare and`` after ``The
Secretary of Defense may``;
(iii) by amending paragraph (2) to read as follows:
``(2) Covered costs.--
``(A) In general.--Costs for which payment may be made
under this section include the costs of--
``(i) transportation, travel, and subsistence costs of
foreign national personnel and United States governmental
personnel necessary for administration and execution of the
authority granted to the Secretary of Defense under this
section;
``(ii) strategic engagement with alumni of the program
referred to in paragraph (1) to address Department of Defense
objectives and planning on irregular warfare and combating
terrorism topics; and
``(iii) administration and operation of the Irregular
Warfare Center, including expenses associated with--
``(I) research, communication, the exchange of ideas,
curriculum development and review, and training of military
and civilian participants of the United States and other
countries, as the Secretary considers necessary; and
``(II) maintaining an international network of irregular
warfare policymakers and practitioners to achieve the
objectives of the Department of Defense and the Department of
State.
``(B) Payment by others permitted.--Payment of costs
described in subparagraph (A)(i) may be made by the Secretary
of Defense, the foreign national participant, the government
of such participant, or by the head of any other Federal
department or agency.``; and
(iv) by amending paragraph (3) to read as follows:
``(3) Designations.--
``(A) Center.--The center authorized by this section shall
be known as the `Irregular Warfare Center`.
``(B) Program.--The program authorized by this section
shall be known as the `Regional Defense Combating Terrorism
and Irregular Warfare Fellowship Program`.``;
(C) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(D) by inserting after subsection (b) the following new
subsection (c):
``(c) Irregular Warfare Center.--
``(1) Mission.--The mission of the Irregular Warfare Center
shall be to support the institutionalization of irregular
warfare as a core competency of the Department of Defense
by--
``(A) coordinating and aligning Department of Defense
education curricula, standards, and objectives related to
irregular warfare and strategic competition;
``(B) providing a center for research on irregular warfare,
strategic competition, and the role of the Department of
Defense in supporting interagency activities relating to
irregular warfare and strategic competition;
``(C) engaging and coordinating with Federal departments
and agencies other than the Department of Defense and with
academia, nongovernmental organizations, civil society, and
international partners to discuss and coordinate efforts on
security challenges in irregular warfare and strategic
competition;
``(D) developing curriculum and conducting training and
education of military and civilian participants of the United
States and other countries, as determined by the Secretary of
Defense; and
``(E) serving as a coordinating body and central repository
for irregular warfare resources, including educational
activities and programs, and lessons learned across
components of the Department of Defense.
``(2) Employment and compensation of faculty.--With respect
to the Irregular Warfare Center--
``(A) the Secretary of Defense may employ a Director, a
Deputy Director, and such civilians as professors,
instructors, and lecturers, as the Secretary considers
necessary; and
``(B) compensation of individuals employed under this
paragraph shall be as prescribed by the Secretary.
``(3) Partnership with institution of higher education.--
``(A) In general.--In operating the Irregular Warfare
Center, to promote integration throughout the United States
Government and civil society across the full spectrum of
Irregular Warfare competition and conflict challenges, the
Secretary of Defense may partner with an institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(B) Types of partnerships.--The Secretary may--
``(i) establish a partnership under subparagraph (A) by--
``(I) entering into a contract, a cooperative agreement, or
an intergovernmental support agreement pursuant to section
2679; or
``(II) awarding a grant; and
``(ii) enter into such a contract, cooperative agreement,
or intergovernmental support agreement, or award such a
grant, through the Defense Security Cooperation University.
``(C) Determination required.--The Secretary of Defense
shall make a determination with respect to the desirability
of partnering with an institution of higher education in a
Government-owned, contractor-operated partnership, such as
the partnership structure used by the Department of Defense
for University Affiliated Research Centers, for meeting the
mission requirements of the Irregular Warfare Center.
``(4) Roles and responsibilities.--The Secretary of Defense
shall prescribe guidance for the roles and responsibilities
of the relevant components of the Department of Defense in
the administration, operation, and oversight of the Irregular
Warfare Center, which shall include the roles and
responsibilities of the following:
``(A) The Under Secretary of Defense for Policy.
``(B) The Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.
``(C) The Director of the Defense Security Cooperation
Agency.
``(D) Any other official of the Department of Defense, as
determined by the Secretary.``;
(E) in subsection (d), as so redesignated, in the first
sentence, by striking ``$35,000,000`` and inserting
``$40,000,000``; and
(F) by inserting after subsection (e), as so redesignated,
the following new subsection:
``(f) Annual Review.--The Secretary of Defense--
``(1) shall conduct an annual review of the structure and
activities of the Irregular Warfare Center and the program
referred to in subsection (a) to determine whether such
structure and activities are appropriately aligned with the
strategic priorities of the Department of Defense and the
applicable combatant commands; and
``(2) may, after an annual review under paragraph (1),
revise the relevant structure and activities so as to more
appropriately align such structure and activities with the
strategic priorities and combatant commands.``.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter V of chapter 16 of title 10, United
States Code, is amended by striking the item relating to
section 345 and inserting the following:
``345. Irregular Warfare Education.
(b) Repeal of Treatment as Regional Center for Security
Studies.--Section 1299L(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 4012; 10 U.S.C. 342 note) is
amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(c) Plan for Irregular Warfare Center.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a plan for establishing the
structure, operations, and administration of the Irregular
Warfare Center described in section 345(a)(1) of title 10,
United States Code.
(2) Elements.--The plan required by paragraph (1) shall
include--
(A) a timeline and milestones for the establishment of the
Irregular Warfare Center; and
(B) steps to enter into partnerships and resource
agreements with academic institutions of the Department of
Defense or other academic institutions, including any
agreement for hosting or operating the Irregular Warfare
Center.
(d) Sense of the Senate.--It is the sense of the Senate
that a Center for Security Studies in Irregular Warfare
established under section 345 of title 10, United States
Code, should be known as the ``John S. McCain III Center for
Security Studies in Irregular Warfare``.
SEC. 1206. MODIFICATION OF AUTHORITY FOR HUMANITARIAN
DEMINING ASSISTANCE AND STOCKPILED CONVENTIONAL
MUNITIONS ASSISTANCE.
(a) Expansion of Authority.--Subsection (a)(1) of section
407 of title 10, United States Code, is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``carry out`` and inserting ``provide``;
and
(B) by striking ``in a country`` and inserting ``to a
country``; and
(2) in subparagraph (A), by striking ``in which the
activities are to be carried out`` and inserting ``to which
the assistance is to be provided``.
(b) Expenses.--Subsection (c) of such section is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) Travel, transportation, and subsistence expenses of
foreign personnel to attend training provided by the
Department of Defense under this section.``; and
(2) in paragraph (3), by striking ``$15,000,000`` and
inserting ``$20,000,000``.
(c) Annual Report.--Subsection (d) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking
``include in the annual report under section 401 of this
title a separate discussion of`` and inserting ``submit to
the Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on Armed Services
and the Committee on Foreign Affairs of the House of
Representatives a report on``;
[[Page S6134]]
(2) in paragraph (1)--
(A) by striking ``in which`` and inserting ``to which``;
and
(B) by striking ``carried out`` and inserting ``provided``;
(3) in paragraph (2), by striking ``carried out in`` and
inserting ``provided to``;
(4) in paragraph (3)--
(A) by striking ``in which`` and inserting ``to which``;
and
(B) by striking ``carried out`` and inserting ``provided``;
and
(5) in paragraph (4), by striking ``in carrying out such
assistance in each such country`` and inserting ``in
providing such assistance to each such country``.
SEC. 1207. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 393) is amended by striking
``beginning on October 1, 2021, and ending on December 31,
2022`` and inserting ``beginning on October 1, 2022, and
ending on December 31, 2023``.
(b) Modification to Limitation.--Subsection (d)(1) of such
section is amended--
(1) by striking ``beginning on October 1, 2021, and ending
on December 31, 2022`` and inserting ``beginning on October
1, 2022, and ending on December 31, 2023``; and
(2) by striking ``$60,000,000`` and inserting
``$30,000,000``.
SEC. 1208. MODIFICATIONS TO HUMANITARIAN ASSISTANCE.
Section 2561 of title 10, United States Code, is amended to
read as follows:
``Sec. 2561. Humanitarian assistance
``(a) Authorized Assistance.--To the extent provided in
defense authorization Acts, funds authorized to be
appropriated to the Department of Defense for a fiscal year
for humanitarian assistance shall be used for collaborative
Department of Defense engagements with partner country
government authorities in permissive environments to achieve
the objectives of--
``(1) directly relieving or reducing human suffering,
disease, hunger, or privation; and
``(2) increasing partner country capacity--
``(A) to provide essential human services to vulnerable
populations; and
``(B) to address disaster risk reduction, mitigation, and
preparedness.
``(b) Purposes.--The Secretary of Defense may use funds
authorized under subsection (a) for the following purposes:
``(1) Procurement, transportation, and pre-positioning of
supplies and equipment.
``(2) Small-scale construction and renovation of facilities
and basic infrastructure.
``(3) Health-related projects and activities.
``(4) Any other activity the Secretary of Defense considers
necessary to achieve the objectives described in subsection
(a).
``(c) Availability of Funds.--To the extent provided in
appropriations Acts, funds appropriated for humanitarian
assistance for purposes of this section shall remain
available until expended.
``(d) Status Reports.--(1) The Secretary of Defense shall
submit to the appropriate committees of Congress an annual
report on the provision of humanitarian assistance pursuant
to this section for the prior fiscal year. The report shall
be submitted each year at the time of the budget submission
by the President for the next fiscal year.
``(2) Each report required by paragraph (1) shall cover all
provisions of law that authorize appropriations for
humanitarian assistance to be available from the Department
of Defense for purposes of this section.
``(3) Each report under this subsection shall set forth the
following information regarding activities during the
preceding fiscal year:
``(A) The total amount of funds obligated for humanitarian
assistance under this section.
``(B) A comprehensive list of funded humanitarian
assistance efforts, disaggregated by foreign partner country,
amount obligated, and purpose specified in subsection (b).
``(C) A description of the manner in which such
expenditures address--
``(i) the humanitarian needs of the foreign partner
country; and
``(ii) United States national security objectives.
``(D) A description of any transfer of excess nonlethal
supplies of the Department of Defense made available for
humanitarian relief purposes under section 2557 of this
title. The description shall include the date of the
transfer, the entity to whom the transfer is made, and the
quantity of items transferred.
``(e) Notification.--In the case of activities under a
program that results in the provision of small-scale
construction under subsection (b)(2) costing more than
$750,000, not later than 15 days before the commencement of
such activities, the Secretary of Defense shall submit to the
appropriate committees of Congress a notification that
includes the location, project title, and cost of each small-
scale construction project that will be carried out.
``(f) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress` means--
``(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
``(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
``(2) Defense authorization act.--The term `defense
authorization Act` means an Act that authorizes
appropriations for one or more fiscal years for military
activities of the Department of Defense, including
authorizations of appropriations for the activities described
in paragraph (7) of section 114(a) of this title.``.
SEC. 1209. DEFENSE ENVIRONMENTAL INTERNATIONAL COOPERATION
PROGRAM.
(a) Establishment.--The Secretary of Defense, in
coordination with the commanders of the geographic combatant
commands, shall establish a program, to be known as the
``Defense Environmental International Cooperation Program``,
to support engagement with partner countries on defense-
related environmental and operational energy issues in
support of the theater campaign plans of the geographic
combatant commands.
(b) Objectives.--The Defense Environmental International
Cooperation Program shall be carried out to achieve the
following objectives:
(1) To build military-to-military relationships in support
of the Department of Defense`s efforts to engage in long-term
strategic competition.
(2) To sustain the mission capability and forward posture
of the United States Armed Forces.
(3) To enhance the capability, capacity, and resilience of
the military forces of partner countries.
(c) Funding.--Of amounts authorized to be appropriated for
a fiscal year for the Department and available for operation
and maintenance, the Secretary may make available $10,000,000
for purposes of supporting the Defense Environmental
International Cooperation Program, consistent with the
priorities of the commanders of the geographic combatant
commands.
(d) Annual Report.--
(1) In general.--Not later than March 1 each year, the
Secretary shall submit to the congressional defense
committees a report on obligations and expenditures made to
carry out the Defense Environmental International Cooperation
Program during the preceding fiscal year.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) An accounting of each obligation and expenditure made
to carry out the Defense Environmental International
Cooperation Program, by partner country and military force.
(B) An explanation of the manner in which each such
obligation or expenditure supports the objectives described
in subsection (b).
(C) Any other matter the Secretary considers relevant.
SEC. 1210. SECURITY COOPERATION PROGRAMS WITH FOREIGN
PARTNERS TO ADVANCE WOMEN, PEACE, AND SECURITY.
(a) In General.--The Secretary of Defense, in consultation
with the Secretary of State, may, in fiscal years 2023
through 2025, conduct or support security cooperation
programs and activities involving the national military or
national-level security forces of a foreign country or other
covered personnel to advise, train, and educate such forces
or such other covered personnel with respect to--
(1) the recruitment, employment, development, retention,
promotion, and meaningful participation in decisionmaking of
women;
(2) sexual harassment, sexual assault, domestic abuse, and
other forms of violence that disproportionately impact women;
(3) the requirements of women, including providing
appropriate equipment and facilities; and
(4) the implementation of activities described in this
subsection, including the integration of such activities into
security-sector policy, planning, exercises, and trainings,
as appropriate.
(b) Annual Report.--Not later than 90 days after the end of
each of fiscal years 2023, 2024, and 2025, the Secretary of
Defense shall submit to the congressional defense committees
a report detailing the assistance provided under this section
and the recipients of such assistance.
(c) Other Covered Personnel Defined.--In this section, the
term ``other covered personnel`` means personnel of--
(1) the ministry of defense, or a governmental entity with
a similar function, of a foreign country; or
(2) a regional organization with a security mission.
SEC. 1211. REVIEW OF IMPLEMENTATION OF PROHIBITION ON USE OF
FUNDS FOR ASSISTANCE TO UNITS OF FOREIGN
SECURITY FORCES THAT HAVE COMMITTED A GROSS
VIOLATION OF HUMAN RIGHTS.
(a) Sense of Congress.--It is the sense of Congress that
the promotion of human rights is a critical element of
Department of Defense security cooperation programs and
activities that advance United States national security
interests and values.
(b) Review.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the commanders of the geographic combatant
commands, shall initiate a review of the policies, guidance,
and processes for Department of Defense-wide implementation
of section 362 of title 10, United States Code.
[[Page S6135]]
(2) Elements.--The review required by paragraph (1) shall
include an assessment of the following:
(A) The standards and procedures by which the Secretary,
before making a decision to provide assistance to a unit of a
foreign security force under section 362 of title 10, United
States Code, gives full consideration to credible information
that the unit has committed a gross violation of human
rights, including credible information available to the
Department of State relating to human rights violations by
such unit.
(B) The roles and responsibilities of Department of Defense
components in implementing such section, including the Under
Secretary of Defense for Policy, the Deputy Assistant
Secretary of Defense for Global Partnerships, the geographic
combatant commands, and the Office of the General Counsel,
and whether such components are adequately funded to carry
out their respective roles and responsibilities.
(C) The standards and procedures by which the Secretary
implements the exception under subsection (b) of such section
based on a determination that all necessary corrective steps
have been taken.
(D) The standards and procedures by which the Secretary
exercises the waiver authority under subsection (c) of such
section based on a determination that a waiver is required by
extraordinary circumstances.
(E) The policies, standards, and processes for the
remediation of units of foreign security forces described in
such section and resumption of assistance consistent with
such section, and the effectiveness of such remediation
process.
(F) The process by which the Secretary determines whether a
unit of a foreign security force designated to receive
training, equipment, or other assistance under such section
is new or fundamentally different from its predecessor for
which there was determined to be credible information that
the unit had committed a gross violation of human rights.
(c) Reports.--
(1) Findings of review.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on the
findings of the review conducted under subsection (b) that
includes any recommendations or corrective actions necessary
with respect to the policies, guidance, and processes for
Department of Defense-wide implementation of section 362 of
title 10, United States Code.
(2) Remediation process.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter
through fiscal year 2025, the Secretary shall submit to the
appropriate committees of Congress a report on the
remediation process under section 362 of title 10, United
States Code, and resumption of assistance consistent with
such section.
(B) Elements.--Each report required by subparagraph (A)
shall include the following:
(i) An identification of the units of foreign security
forces that currently have been determined under section 362
of title 10, United States Code, to be ineligible to receive
Department of Defense training, equipment, or other
assistance.
(ii) With respect to each unit identified under clause (i),
the date on which such determination was made.
(iii) The number of requests submitted by geographic
combatant commands for review by a remediation review panel
with respect to resumption of assistance to a unit of a
foreign security force that has been denied assistance under
such section, disaggregated by geographic combatant command.
(iv) For the preceding reporting period, the number of --
(I) remediation review panels convened; and
(II) cases resolved.
(C) Appropriate committees of congress defined.--In this
paragraph, the term ``appropriate committees of Congress``
means--
(i) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(ii) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1212. INDEPENDENT ASSESSMENT OF UNITED STATES EFFORTS TO
TRAIN, ADVISE, ASSIST, AND EQUIP THE MILITARY
FORCES OF SOMALIA.
(a) In General.--The Secretary of Defense shall provide for
an independent assessment of Department of Defense efforts to
train, advise, assist, and equip the military forces of
Somalia.
(b) Conduct of Assessment.--To conduct the assessment
required by subsection (a), the Secretary shall select--
(1) a federally funded research and development center; or
(2) an independent, nongovernmental institute described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that has
recognized credentials and expertise in national security and
military affairs appropriate for the assessment.
(c) Elements.--The assessment required by subsection (a)
shall include an assessment of the following:
(1) The evolution of United States approaches to training,
advising, assisting, and equipping the military forces of
Somalia.
(2) The extent to which--
(A) the Department has an established plan, with objectives
and milestones, for the effort to train, advise, assist, and
equip such forces;
(B) advisory efforts are meeting objectives, including
whether and the manner in which--
(i) advisors track the operational effectiveness of such
forces; and
(ii) any such data informs future training and advisory
efforts;
(C) the Department sufficiently engages, collaborates, and
deconflicts with--
(i) other Federal departments and agencies that conduct
assistance and advisory engagements with such forces; and
(ii) international and multilateral entities that conduct
assistance and advisory engagements with such forces; and
(D) the Department has established and enforced a policy,
processes, and procedures for accountability relating to
equipment provided by the United States to such forces.
(3) Factors that have hindered, or may in the future
hinder, the development of professional, sustainable, and
capable such forces.
(4) With respect to the effort to train, advise, assist,
and equip such forces, the extent to which the December 2020
decision to reduce and reposition outside Somalia the
majority of the members of the United States Armed Forces
assigned to carry out the effort has impacted the
effectiveness of the effort.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the entity selected to conduct the
assessment required by subsection (a) shall submit to the
Secretary and the congressional defense committees a report
containing the findings of the assessment.
(e) Funding.--Of the amounts authorized to be appropriated
for fiscal year 2023 and available for operation and
maintenance for Defense-wide activities, up to $1,000,000
shall be made available for the assessment required by
subsection (a).
SEC. 1213. ASSESSMENT AND REPORT ON ADEQUACY OF AUTHORITIES
TO PROVIDE ASSISTANCE TO MILITARY AND SECURITY
FORCES IN AREA OF RESPONSIBILITY OF UNITED
STATES AFRICA COMMAND.
(a) Assessment.--
(1) In general.--The Secretary of Defense, in consultation
with the Commander of the United States Africa Command, shall
conduct an assessment of 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 the United
States Africa Command that are actively engaged in defending
their territory and people from the threat posed by ISIS and
al-Qaeda.
(2) Element.--The assessment required by paragraph (1)
shall identify any gaps in existing authorities and
associated resourcing that would inhibit the ability of the
Secretary to support the United States Africa Command theater
campaign plan objectives.
(b) Report.--Not later than December 31, 2022, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
findings of the assessment required by subsection (a).
Subtitle B--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO
VETTED SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl
Levin and Howard P. ``Buck`` McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3541) is amended, in the matter preceding paragraph
(1), by striking ``December 31, 2022`` and inserting
``December 31, 2023``.
(b) Limitation on Cost of Construction and Repair
Projects.--Subsection (l)(3)(D) of such section is amended by
striking ``December 31, 2022`` and inserting ``December 31,
2023``.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF
SECURITY COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year
2012 (10 U.S.C. 113 note)) is amended--
(1) by striking ``fiscal year 2022`` and inserting ``fiscal
year 2023``; and
(2) by striking ``$25,000,000`` and inserting
``$20,000,000``.
(b) Source of Funds.--Subsection (d) of such section is
amended by striking ``fiscal year 2022`` and inserting
``fiscal year 2023``.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ
AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck`` McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3558) is amended, in the matter preceding paragraph
(1), by striking ``December 31, 2022`` and inserting
``December 31, 2023``.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2022`` and inserting ``fiscal
year 2023``; and
(2) by striking ``$345,000,000`` and inserting
``$358,000,000``.
(c) Limitation on Cost of Construction and Repair
Projects.--Subsection (o)(5) of
[[Page S6136]]
such section is amended by striking ``December 31, 2022`` and
inserting ``December 31, 2023``.
SEC. 1224. ASSESSMENT OF SUPPORT TO IRAQI SECURITY FORCES AND
KURDISH PESHMERGA FORCES TO COUNTER AIR AND
MISSILE THREATS.
(a) In General.--Not later than April 1, 2023, the
Secretary of Defense shall submit to the congressional
defense committees a report on support to Iraqi Security
Forces and Kurdish Peshmerga Forces to counter air and
missile threats.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) An assessment of the threat from missiles, rockets, and
unmanned aerial systems (UAS) to United States and coalition
armed forces located in Iraq, including the Iraqi Kurdistan
Region.
(2) An assessment of the current state of air defense
capabilities of United States and coalition armed forces
located in Iraq, including the Iraqi Kurdistan Region.
(3) Identification of perceived gaps in air defense
capabilities of United States and coalition armed forces and
the implications for the security of such forces in Iraq,
including the Iraqi Kurdistan Region.
(4) Recommendations for training or equipment needed to
overcome the assessed air defense deficiencies of United
States and coalition armed forces in Iraq, including the
Iraqi Kurdistan Region.
(5) An assessment of the current state of the air defense
capabilities of partner armed forces in Iraq, including the
Iraqi Security Forces and Kurdish Peshmerga Forces.
(6) An assessment of the perceived gaps in air defense
capabilities of partner armed forces in Iraq, including the
Iraqi Security Forces and Kurdish Peshmerga Forces.
(7) An assessment of recommended training and equipment and
available level of equipment to maximize air defense
capabilities of partner armed forces in Iraq, including the
Iraqi Security Forces and Kurdish Peshmerga Forces.
(8) Such other matters as the Secretary considers
appropriate.
SEC. 1225. UPDATES TO ANNUAL REPORT ON MILITARY POWER OF
IRAN.
(a) In General.--Section 1245(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84) is
amended--
(1) in subparagraph (B), by striking ``and the Special
Groups in Iraq,`` and inserting ``Houthis, and the Special
Groups in Iraq, including Kata`ib Hezbollah and Asa`ib Ahl
al-Haq,``;
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(3) by inserting after subparagraph (B) the following:
``(C) the threat from Special Groups in Iraq, including
Kata`ib Hezbollah and Asa`ib Ahl al-Haq, to United States and
coalition forces located in Iraq and Syria.``; and
(4) in subparagraph (D), as redesignated, by striking
``and`` at the end;
(5) in subparagraph (E), as redesignated, by striking the
period at the end and inserting ``; and``; and
(6) by adding at the end the following:
``(F) all formal or informal agreements involving a
strategic military or security partnership with the Russian
Federation, the People`s Republic of China, or any proxies of
either such country.``.
Subtitle C--Matters Relating to Europe and the Russian Federation
SEC. 1231. MODIFICATION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
Section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``for fiscal year 2017, 2018, 2019, 2020,
2021, or 2022`` and inserting ``for any fiscal year``; and
(B) by striking ``in the fiscal year concerned``; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``with respect to funds for a fiscal year``.
SEC. 1232. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
RELATING TO SOVEREIGNTY OF THE RUSSIAN
FEDERATION OVER CRIMEA.
Section 1234(a) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1974) is
amended by striking ``None of the funds`` and all that
follows through ``2022`` and inserting ``None of the funds
authorized to be appropriated for fiscal year 2022 or 2023``.
SEC. 1233. EXTENSION AND MODIFICATION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
(a) Authority To Provide Assistance.--Subsection (a) of
section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1608) is
amended to read as follows:
``(a) Authority To Provide Assistance.--
``(1) In general.--Amounts available for a fiscal year
under subsection (f) shall be available to the Secretary of
Defense, with the concurrence of the Secretary of State, to
provide, for the purposes described in paragraph (2),
appropriate security assistance and intelligence support,
including training, equipment, logistics support, supplies
and services, salaries and stipends, and sustainment to--
``(A) the military and national security forces of Ukraine;
and
``(B) other forces or groups recognized by, and under the
authority of, the Government of Ukraine, including
governmental entities within Ukraine, that are engaged in
resisting Russian aggression.
``(2) Purposes described.--The purposes described in this
paragraph are as follows:
``(A) To enhance the capabilities of the military and other
security forces of the Government of Ukraine to defend
against further aggression.
``(B) To assist Ukraine in developing the combat capability
to defend its sovereignty and territorial integrity.
``(C) To replace, from the inventory of the United States,
weapons and articles provided to the Government of Ukraine.
``(D) To recover or dispose of equipment procured using
funds made available under this section.``.
(b) United States Inventory and Other Sources.--Subsection
(d) of such section is amended by adding at the end the
following new paragraph:
``(3) Acceptance of returned equipment.--
``(A) In general.--The Secretary of Defense may accept
equipment procured under the authority of this section that
was transferred to the military or national security forces
of Ukraine or to other assisted entities and has been
returned by such forces to the United States.
``(B) Treatment as stocks of the department.--Equipment
procured under the authority of this section that has not
been transferred to the military or national security forces
of Ukraine or to other assisted entities, or that has been
returned by such forces or other assisted entities to the
United States, may, upon written notification by the
Secretary of Defense to the congressional defense committees,
be treated as stocks of the Department.``.
(c) Funding.--Subsection (f) of such section is amended by
adding at the end the following new paragraph:
``(8) For fiscal year 2023, $800,000,000.``.
(d) Notice to Congress; Reports.--Such section is further
amended--
(1) by striking the second subsection (g);
(2) by redesignating the first subsection (g) (as added by
section 1237(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2496)) and
subsection (h) as subsections (i) and (j), respectively; and
(3) by inserting after subsection (f) the following new
subsections (g) and (h):
``(g) Notice to Congress.--
``(1) In general.--Not less than 15 days before providing
assistance or support under this section (or if the Secretary
of Defense determines, on a case-by-case basis, that
extraordinary circumstances exist that impact the national
security of the United States, as far in advance as is
practicable), the Secretary of Defense shall submit to the
congressional defense committees a written notification of
the details of such assistance or support.
``(2) Support to other forces or groups.--Not less than 15
days before providing assistance or support under this
section to other forces or groups described in subsection
(a)(1)(B) (or if the Secretary of Defense determines, on a
case-by-case basis, that extraordinary circumstances exist
that impact the national security of the United States, as
far in advance as is practicable but not later than 48 hours
in advance) the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a written notification detailing the intended
recipient forces or groups, the command and control
relationship that each such entity has with the Government of
Ukraine, and the assistance or support to be provided.
``(h) Quarterly Reports.--Not less frequently than
quarterly, the Secretary of Defense shall submit to the
congressional defense committees a report on the use of the
authority under this section.``.
(e) Termination of Authority.--Subsection (i) of such
subsection, as redesignated, is amended by striking
``December 31, 2024`` and inserting ``December 31, 2025``.
SEC. 1234. NORTH ATLANTIC TREATY ORGANIZATION SPECIAL
OPERATIONS HEADQUARTERS.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section 2350r:
``Sec. 2350r. North Atlantic Treaty Organization Special
Operations Headquarters
``(a) Authorization.--Of the amounts authorized to be
appropriated for each fiscal year for operation and
maintenance for the Army, to be derived from amounts made
available for support of North Atlantic Treaty Organization
(referred to in this section as `NATO`) operations, the
Secretary of Defense is authorized to use up to $50,000,000
for each such fiscal year for the purposes set forth in
subsection (b).
``(b) Purposes.--The Secretary shall provide funds for the
NATO Special Operations Headquarters--
``(1) to improve coordination and cooperation between the
special operations forces of NATO nations and nations
approved by the North Atlantic Council as NATO partner
nations;
[[Page S6137]]
``(2) to facilitate joint operations by the special
operations forces of NATO nations and such NATO partner
nations;
``(3) to support special operations forces peculiar
command, control, and communications capabilities;
``(4) to promote special operations forces intelligence and
informational requirements within the NATO structure; and
``(5) to promote interoperability through the development
of common equipment standards, tactics, techniques, and
procedures, and through execution of a multinational
education and training program.``.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following
new item:
``2350r. North Atlantic Treaty Organization Special Operations
Headquarters.
(c) Repeal.--Section 1244 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2541) is repealed.
SEC. 1235. REPORT ON UNITED STATES MILITARY FORCE POSTURE AND
RESOURCING REQUIREMENTS IN EUROPE.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing an assessment of the United States military force
posture requirements for the United States European Command
to support the following objectives:
(1) Implementation of the National Defense Strategy with
respect to the area of responsibility of the United States
European Command.
(2) Fulfillment of the commitments of the United States to
NATO operations, missions, and activities, as modified and
agreed upon at the 2022 Madrid Summit.
(3) Reduction of the risk of executing the contingency
plans of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) For each military service and warfighting domain, a
description of the force structure and posture of assigned
and allocated forces in Europe, including consideration of
the balance of permanently stationed forces and forces
rotating from the United States, to support the objectives
described in subsection (a).
(2) An assessment of the military training and all domain
exercises to support such objectives, including--
(A) training and exercises on interoperability; and
(B) joint activities with allies and partners.
(3) An assessment of logistics requirements, including
personnel, equipment, supplies, pre-positioned storage, host
country support and agreements, and maintenance needs, to
support such objectives.
(4) An identification of required infrastructure,
facilities, and military construction investments to support
such objectives.
(5) A description of the requirements for United States
European Command integrated air and missile defense
throughout the area of responsibility of the United States
European Command.
(6) An assessment of United States security cooperation
activities and resources required to support such objectives.
(7) A detailed assessment of the resources necessary to
address the elements described in paragraphs (1) through (6),
categorized by the budget accounts for--
(A) procurement;
(B) research, development, test, and evaluation;
(C) operation and maintenance;
(D) military personnel; and
(E) military construction.
(8) The projected timeline to achieve fulfillment of each
such element.
(9) Any other information the Secretary considers relevant.
(c) Form.--The report required by subsection (a) may be
submitted in classified form but shall include an
unclassified summary.
SEC. 1236. SENSE OF THE SENATE AND REPORT ON CIVILIAN HARM.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) the members of the Armed Forces of the United States--
(A) uphold the highest standards of professionalism during
the conduct of effective, efficient, and decisive military
operations around the world in defense of the people of the
United States; and
(B) go to great lengths to minimize civilian harm during
the conduct of military operations; and
(2) the Russian Federation has demonstrated a complete
disregard for the safety of civilians during its unlawful and
unprovoked invasion of Ukraine, which has involved
indiscriminate bombing of civilian areas and executions of
noncombatants.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
detailing the atrocities committed by the Russian Federation
against civilians in Ukraine since February 24, 2022.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form.
SEC. 1237. SENSE OF THE SENATE ON THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of the Senate that--
(1) the success of the North Atlantic Treaty Organization
(NATO) is critical to advancing United States national
security objectives in Europe and around the world;
(2) NATO remains the strongest and most successful military
alliance in the world, founded on a commitment by its members
to uphold the principles of democracy, individual liberty,
and the rule of law;
(3) the contributions of NATO to the collective defense are
indispensable to the security, prosperity, and freedom of its
members;
(4) the United States reaffirms its ironclad commitment--
(A) to NATO as the foundation of transatlantic security;
and
(B) to upholding the obligations of the United States under
the North Atlantic Treaty, done at Washington, DC, April 4,
1949, including Article 5 of the Treaty;
(5) the 2022 National Defense Strategy correctly highlights
the criticality of alliances and partnerships, stating that
``[m]utually-beneficial alliances and partnerships are an
enduring strength for the United States, and are critical to
achieving our objectives, as the unified response to Russia`s
further invasion of Ukraine has demonstrated``;
(6) the Russian Federation`s premeditated and unprovoked
invasion of Ukraine poses the most direct threat to security
and stability in Europe since the end of World War II and
requires the full attention of the NATO alliance;
(7) the unprovoked and illegal war conducted by the Russian
Federation against Ukraine has fundamentally altered the
concept of transatlantic security and requires--
(A) a reinvigorated commitment to the shared principles of
the NATO alliance; and
(B) a commensurate response to deter further revanchism by
the Russian Federation in the Euro-Atlantic region;
(8) as NATO refocuses its deterrence and defense posture to
respond to the Russian Federation`s escalatory actions,
allies must simultaneously address threats posed across all
domains and all areas of the Euro-Atlantic region,
including--
(A) threats posed by predatory investments and influence
operations carried out by the People`s Republic of China;
(B) border disruptions emanating from Belarus; and
(C) the persistent threat of violent extremist
organizations;
(9) to respond to aggression by the Russian Federation and
address other threats, the NATO alliance should--
(A) assess opportunities to further bolster the NATO
enhanced Forward Presence and enhanced Vigilance Activity
battlegroups;
(B) focus efforts on burden sharing agreements made in the
Wales Pledge, capability targets, contributions to NATO
missions and operations, and resilience commitments;
(C) consider force posture adjustments to address emerging
security concerns highlighted by the Russian Federation`s
invasion of Ukraine;
(D) explore additional opportunities to strengthen
cooperation with non-NATO countries to counter malign
activities carried out by the Russian Federation;
(E) continue efforts to identify, coordinate, and deliver
humanitarian aid and security assistance to Ukraine;
(F) intensify efforts to work with NATO allies to establish
and enhance rapid and assured movement of military forces
throughout the North Atlantic region and across the continent
of Europe on land, on and under the sea, and in the air,
including through increased investment, coordination, and
standardization intended to identify and reduce obstacles to
the movement of United States and allied military forces in a
time of crisis or conflict;
(G) reaffirm the open-door policy of NATO to allow any
European country to apply for membership and be considered on
its merits for admission, including--
(i) aspirants such as Ukraine, Georgia, and Bosnia and
Herzegovina; and
(ii) Finland and Sweden, which in the wake of the Russian
Federation`s invasion of Ukraine, have sought NATO membership
to further bolster their own security and the security of the
Euro-Atlantic region; and
(H) continue efforts to evaluate whether the NATO alliance
is sufficiently funded and resourced to carry out its
objectives;
(10) the United States and fellow NATO allies should
continue long-term efforts--
(A) to improve interoperability among the military forces
of NATO allies and non-NATO allies so as to enhance effective
and efficient collective operations, including by the
divestment of Soviet-era platforms;
(B) to strive for continued progress on key initiatives set
forth in recent NATO summits, including readiness, military
mobility, multi-domain operations, and resilience;
(C) to enhance security sector cooperation and explore
opportunities to reinforce civil sector preparedness and
resilience measures, which may be likely targets of malign
influence and hybrid campaigns;
(D) to mitigate the impact of hybrid warfare operations,
particularly such operations in the information and cyber
domains;
(E) to expand joint research and development initiatives,
with a focus on emerging technologies such as quantum
computing, artificial intelligence, and machine learning;
(F) to enhance interoperability, build institutional
capacity, and strengthen the collective ability of NATO
allies to resist malign influence from the Russian Federation
and the People`s Republic of China; and
[[Page S6138]]
(G) to coordinate and de-conflict security efforts and the
dedication of resources with the European Union--
(i) to ensure the fulfilment of European Union and NATO
common interests and objectives; and
(ii) to minimize unnecessary overlaps;
(11) the European Deterrence Initiative remains critically
important, including for purposes of strengthening allied and
partner capability and power projection along the eastern
flank of NATO, and has demonstrated its unique value during
the current Russian Federation attack on Ukraine;
(12) NATO should maintain cooperation on COVID-19 pandemic
response efforts and expand cooperation for future pandemic
and disaster preparedness;
(13) the policy of the United States should be to work with
NATO and other allies and partners to build permanent
mechanisms to strengthen supply chains, enhance supply chain
security, fill supply chain gaps, and maintain commitments
made at the June 2020 NATO Defense Ministerial, particularly
with respect to pandemic response preparations;
(14) the United States and NATO should expand cooperation
efforts on cybersecurity issues to prevent adversaries and
criminals from compromising critical systems and
infrastructure; and
(15) the adoption by NATO of a robust strategy toward the
Black Sea is in the interest of the United States, and the
United States should consider collaborating with interested
allies and partner countries to advance a coordinated
strategy that includes diverse elements of the transatlantic
security architecture.
SEC. 1238. SENSE OF THE SENATE ON UKRAINE.
It is the sense of the Senate that--
(1) the United States stands with the people of Ukraine as
they defend their freedom and sovereignty and the pursuit of
further Euro-Atlantic integration;
(2) the Russian Federation`s premeditated and unprovoked
invasion of Ukraine--
(A) willfully violates the territorial sovereignty of
Ukraine and the democratic aspirations of the people of
Ukraine; and
(B) presents the gravest threat to transatlantic security
since World War II;
(3) the Russian Federation continues to commit heinous acts
against Ukrainian civilians and members of the military
forces of Ukraine;
(4) the Russian Federation has no right or authority to
veto Ukraine`s pursuit of membership in the North Atlantic
Treaty Organization (NATO), or the determination of any
country to make its own decision to pursue such membership in
accordance with NATO`s open door policy;
(5) the United States, fellow NATO allies and partners, and
the international community have--
(A) rallied support and coordinated assistance for Ukraine;
(B) bolstered NATO presence and engagement along NATO`s
eastern flank; and
(C) imposed a severe and far-reaching set of economic
measures to respond to the Russia Federation`s violation of
the sovereignty and territorial integrity of Ukraine; and
(6) the United States should--
(A) continue to work closely with NATO allies and non-NATO
allies and partners to support the ability of Ukraine to
repel and rebuild from the Russian Federation`s invasion,
including by--
(i) continuing to provide the Government of Ukraine with
targeted security, intelligence, and humanitarian assistance
to strengthen the defenses of Ukraine and mitigate suffering
wrought by the Russian Federation`s brutality, consistent
with the security interests of the United States;
(ii) coordinating sanctions, export restrictions, and other
economic penalties against the Russian Federation and any
country that enables the Russian Federation`s invasion of
Ukraine; and
(iii) supporting efforts to enhance the cybersecurity
capabilities of Ukraine;
(B) consider whether further adjustments to United States
strategy or military force posture within the area of
responsibility of the United States European Command are
necessitated by the upheaval of the security environment
caused by the Russian Federation;
(C) explore opportunities to further strengthen
partnerships with non-NATO partners in Europe;
(D) continue to support--
(i) efforts to counter disinformation; and
(ii) free media sources such as Voice of America and Radio
Free Europe/Radio Liberty; and
(E) support energy diversification efforts across the Euro-
Atlantic region to reduce the dependency on energy from the
Russian Federation.
Subtitle D--Matters Relating to the Indo-Pacific Region
SEC. 1241. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE
INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the
National Defense Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note) is amended--
(1) by striking ``the National Defense Authorization Act
for Fiscal Year 2022`` and inserting ``the National Defense
Authorization Act for Fiscal Year 2023``; and
(2) by striking ``fiscal year 2022`` and inserting ``fiscal
year 2023``.
(b) Report on Resourcing United States Defense Requirements
for the Indo-Pacific Region and Study on Competitive
Strategies.--Subsection (d)(1) of such section is amended--
(1) in subparagraph (A), by striking ``fiscal years 2023
and 2024`` and inserting ``fiscal years 2024 and 2025``; and
(2) in subparagraph (B)--
(A) in clause (vi)(I)(aa)--
(i) in subitem (AA), by striking ``to modernize and
strengthen the`` and inserting ``to improve the posture
and``; and
(ii) in subitem (FF)--
(I) by striking ``to improve`` and inserting ``to modernize
and improve``;
(II) by striking the semicolon and inserting ``; and``; and
(B) by adding at the end the following new clause:
``(vii) A budget display that compares the independent
assessment of the Commander of the United States Pacific
Command with the amounts contained in the budget display for
the applicable fiscal year under subsection (f).``.
SEC. 1242. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN
HOA DIOXIN CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3955) is amended by striking ``fiscal year
2022`` and inserting ``fiscal year 2023``.
SEC. 1243. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY
INITIATIVE TO AUTHORIZE USE OF FUNDS FOR THE
COAST GUARD.
Section 1263 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 333 note) is amended by striking
subsection (f) and inserting the following new subsection
(f):
``(f) Availability of Funds for Coast Guard Personnel and
Capabilities.--The Secretary of Defense may use funds made
available under this section to facilitate the participation
of Coast Guard personnel in, and the use of Coast Guard
capabilities for, trainings, exercises, and other activities
with foreign partners under this section.``.
SEC. 1244. DEFENSE OF TAIWAN.
(a) Definitions.--In this section:
(1) Deny.--The term ``deny`` means to use combined joint
operations to delay, degrade, and ultimately defeat an
attempt by the People`s Republic of China to execute a fait
accompli against Taiwan, resulting in--
(A) the termination of hostilities or at least the
attempted fait accompli; or
(B) the neutralization of the ability of the People`s
Republic of China to execute a fait accompli against Taiwan.
(2) Fait accompli.--The term ``fait accompli`` refers to
the strategy of the People`s Republic of China for invading
and seizing control of Taiwan before the United States Armed
Forces can respond effectively, while simultaneously
deterring an effective combined joint response by the United
States Armed Forces by convincing the United States that
mounting such a response would be prohibitively difficult or
costly.
(b) Statement of Policy.--Consistent with the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), 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.
SEC. 1245. MULTI-YEAR PLAN TO FULFILL DEFENSIVE REQUIREMENTS
OF MILITARY FORCES OF TAIWAN AND MODIFICATION
OF ANNUAL REPORT ON TAIWAN ASYMMETRIC
CAPABILITIES AND INTELLIGENCE SUPPORT.
(a) Multi-year Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretary of State and the American
Institute in Taiwan, shall 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; 22
U.S.C. 3301 et seq.).
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) An identification of the defensive capability gaps and
capacity shortfalls of Taiwan.
(2) An assessment of the relative priority assigned by
appropriate officials of Taiwan to address such capability
gaps and capacity shortfalls.
(3) An explanation of the annual resources committed by
Taiwan to address such capability gaps and capacity
shortfalls.
(4) An assessment of--
(A) the defensive capability gaps and capacity shortfalls
that could be addressed in a sufficient and timely manner by
unilateral efforts of Taiwan; and
(B) the defensive capability gaps and capacity shortfalls
that are unlikely to be addressed in a sufficient and timely
manner solely through unilateral efforts.
(5) An assessment of the capability gaps and capacity
shortfalls described in paragraph (4)(B) that could be
addressed in a sufficient and timely manner by--
(A) Department of Defense security assistance authorized by
chapter 16 of title 10, United States Code;
(B) the Foreign Military Financing and Foreign Military
Sales programs of the Department of State;
(C) the provision of excess defense articles pursuant to
the requirements of the Arms Export Control Act (22 U.S.C.
2751 et seq.);
[[Page S6139]]
(D) section 614(a)(1) of the Foreign Assistance Act of
1961; or
(E) any other authority available to the Secretary of
Defense or the Secretary of State.
(6) An identification of opportunities to build
interoperability, combined readiness, joint planning
capability, and share situational awareness among the United
States, Taiwan, and other foreign partners and allies, as
appropriate, through combined trainings, exercises, and
planning activities, including--
(A) table-top exercises and wargames that allow operational
commands to improve joint and combined war planning for
contingencies involving a well-equipped adversary in a
counter-intervention campaign;
(B) joint and combined exercises that test the feasibility
of counter-intervention strategies, develop interoperability
across services, and develop the lethality and survivability
of combined forces against a well-equipped adversary;
(C) logistics exercises that test the feasibility of
expeditionary logistics in an extended campaign with a well-
equipped adversary;
(D) service-to-service exercise programs that build
functional mission skills for addressing challenges posed by
a well-equipped adversary in a counter-intervention campaign;
and
(E) any other combined training, exercise, or planning
activity with the military forces of Taiwan that the
Secretary of Defense considers relevant.
(c) Modification of Annual Report.--Section 1248 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1988) is amended--
(1) in subsection (a)--
(A) by striking paragraph (7);
(B) by redesignating paragraph (6) as paragraph (7);
(C) by inserting after paragraph (5) the following new
paragraph (6):
``(6) With respect to capabilities and capacities the
Secretary of Defense assesses to be most effective in
deterring, defeating, or delaying military aggression by the
People`s Republic of China, a prioritized list of capability
gaps and capacity shortfalls of the military forces of
Taiwan, including--
``(A) an identification of--
``(i) any United States, Taiwan, or ally or partner country
defense production timeline challenge related to potential
materiel solutions to such capability gaps;
``(ii) the associated investment costs of enabling expanded
production for items currently at maximum production;
``(iii) the associated investment costs of, or mitigation
strategies for, enabling export for items currently not
exportable; and
``(iv) existing stocks of such capabilities in the United
States and ally and partner countries;
``(B) the feasibility and advisability of procuring
solutions to such gaps and shortfalls through United States
allies and partners, including through co-development or co-
production;
``(C) the feasibility and advisability of assisting Taiwan
in the domestic production of solutions to capability gaps,
including through--
``(i) the transfer of intellectual property; and
``(ii) co-development or co-production arrangements;
``(D) the estimated costs, expressed in a range of options,
of procuring sufficient capabilities and capacities to
address such gaps and shortfalls;
``(E) an assessment of the relative priority assigned by
appropriate officials of Taiwan to each such gap and
shortfall; and
``(F) a detailed explanation of the extent to which Taiwan
is prioritizing the development, production, or fielding of
solutions to such gaps and shortfalls within its overall
defense budget.``;
(D) by redesignating paragraph (11) as paragraph (15); and
(E) by inserting after paragraph (10) the following new
paragraphs:
``(11) An assessment of the implications of current levels
of pre-positioned war reserve materiel on the ability of the
United States to respond to a crisis or conflict involving
Taiwan with respect to--
``(A) providing military or non-military aid to the
Government of Taiwan; and
``(B) sustaining military installations and other
infrastructure of the United States in the Indo-Pacific
region.
``(12) An evaluation of the feasibility and advisability of
establishing war reserve stockpiles for allies and pre-
positioned facilities in Taiwan.
``(13) An assessment of the current intelligence,
surveillance, and reconnaissance capabilities of Taiwan,
including any existing gaps in such capabilities and
investments in such capabilities by Taiwan since the
preceding report.
``(14) A summary of changes to pre-positioned war reserve
materiel of the United States in the Indo-Pacific region
since the preceding report.``;
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Plan`` and
inserting ``Plans``;
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and moving such
subparagraphs 2 ems to the right;
(C) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The Secretary`` and inserting the
following:
``(1) Assistance to improve taiwan`s defensive asymmetric
capabilities.--The Secretary``; and
(D) by adding at the end the following new paragraph:
``(2) Expedited military assistance.--
``(A) In general.--The Secretary of Defense, in
coordination with the heads of other relevant Federal
departments and agencies, shall develop options for the
United States to use, to the maximum extent practicable,
existing authorities or programs to expedite military
assistance to Taiwan in the event of a crisis or conflict.
``(B) Elements.--The plan required by subparagraph (A)
shall include the following:
``(i) A list of defense articles of the United States that
may be transferred to Taiwan during a crisis or conflict.
``(ii) A list of authorities that may be used to provide
expedited military assistance to Taiwan during a crisis or
conflict.
``(iii) An assessment of methods that could be used to
deliver such assistance to Taiwan during a crisis or
conflict, including--
``(I) the feasibility of employing such methods in
different scenarios; and
``(II) recommendations for improving the ability of the
Armed Forces to deliver such assistance to Taiwan.
``(iv) An assessment of any challenges in providing such
assistance to Taiwan in the event of a crisis or conflict and
recommendations for addressing such challenges.``;
(3) in subsection (c)--
(A) in paragraph (1), by striking ``; and`` and inserting a
semicolon;
(B) by amending paragraph (2) to read as follows:
``(2) the plans required by subsection (b), and any updates
to such plans, as determined by the Secretary of Defense;
and``; and
(C) by adding at the end the following new paragraph:
``(3) a report on--
``(A) the status of efforts to develop and implement a
joint 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; 22 U.S.C. 3301 et seq.); and
``(B) any other matter the Secretary considers
necessary.``; and
(4) in subsection (d), by striking ``report`` and inserting
``reports``.
SEC. 1246. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
direct appropriate personnel within the Department of Defense
to seek to engage their counterparts within the Ministry of
Defence of India for the purpose of expanding cooperation on
emerging technologies, readiness, and logistics.
(b) Topics.--At a minimum, the personnel described in
subsection (a) shall seek to engage their counterparts in the
Ministry of Defense of India on the following topics:
(1) Intelligence collection capabilities.
(2) Unmanned aerial vehicles.
(3) Fourth and fifth generation aircraft.
(4) Depot-level maintenance.
(5) Joint research and development.
(6) 5G and Open Radio Access Network technologies.
(7) Cyber.
(8) Cold-weather capabilities.
(9) Any other matter the Secretary considers relevant.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall provide a
briefing to the appropriate committees of Congress that
includes--
(1) an assessment of the feasibility and advisability of
expanding cooperation with the Ministry of Defence of India
on the topics described in subsection (b);
(2) a description of other opportunities to expand
cooperation with the Ministry of Defence of India on topics
other than the topics described in such subsection;
(3) a description of any challenges, including agreements,
authorities, and resourcing, that need to be addressed so as
to expand cooperation with the Ministry of Defence of India
on the topics described in such subsection;
(4) an articulation of security considerations to ensure
the protection of research and development, intellectual
property, and United States-provided equipment from being
stolen or exploited by adversaries;
(5) an identification of opportunities for academia and
private industry to participate in expanded cooperation with
the Ministry of Defence of India; and
(6) any other matter the Secretary considers relevant.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress``
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1247. ENHANCED INDICATIONS AND WARNING FOR DETERRENCE
AND DISSUASION.
(a) Establishment of Program for Enhanced Indications and
Warning.--
(1) In general.--The Director of the Defense Intelligence
Agency shall establish a program to increase warning time of
potential aggression by adversary nation states,
[[Page S6140]]
focusing especially on the United States Indo-Pacific Command
and United States European Command areas of operations.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Program for Enhanced Indications
and Warning`` (in this section the ``Program``).
(3) Purpose.--The purpose of the Program is to gain
increased warning time to provide time for the Department to
mount deterrence and dissuasion actions to persuade
adversaries to refrain from aggression, including through
potential revelations or demonstrations of capabilities and
actions to create doubt in the minds of adversary leaders
regarding the prospects for military success.
(b) Head of Program.--
(1) In general.--The Director shall appoint a defense
intelligence officer to serve as the mission manager for the
Program.
(2) Designation.--The mission manager for the Program shall
be known as the ``Program Manager for Enhanced Indications
and Warning`` (in this section the ``Program Manager``).
(c) Sources of Information and Analysis.--The Program
Manager shall ensure that the Program makes use of all
available sources of information, from public, commercial,
and classified sources across the intelligence community and
the Department of Defense, as well as advanced analytics,
including artificial intelligence, to establish a system
capable of discerning deviations from normal patterns of
behavior and activity that may indicate preparations for
military actions.
(d) Integration With Other Programs.--
(1) Support.--The Program shall be supported by the Chief
Digital and Artificial Intelligence Officer, the Maven
project, by capabilities sponsored by the Office of the Under
Secretary of Defense for Intelligence and Security, and
programs already underway within the Defense Intelligence
Agency.
(2) Agreements.--The Director shall seek to engage in
agreements to integrate information and capabilities from
other components of the intelligence community to facilitate
the purpose of the Program.
(e) Briefings.--Not later than 180 days after the date of
the enactment of this Act and not less frequently than once
each year thereafter through 2027, the Program Manager shall
provide the appropriate committees of Congress a briefing on
the status of the activities of the Program.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress`` means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)).
(2) The term ``intelligence community`` has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1248. PILOT PROGRAM TO DEVELOP YOUNG CIVILIAN DEFENSE
LEADERS IN THE INDO-PACIFIC REGION.
(a) In General.--The Secretary of Defense may establish,
using existing authorities of the Department of Defense, a
pilot program to enhance engagement of the Department with
young civilian defense and security leaders in the Indo-
Pacific region.
(b) Purposes.--The activities of the pilot program under
subsection (a) shall include training of, and engagement
with, young civilian leaders from foreign partner ministries
of defense and other appropriate ministries with a national
defense mission in the Indo-Pacific region for purposes of--
(1) enhancing bilateral and multilateral cooperation
between--
(A) civilian leaders in the Department; and
(B) civilian leaders in foreign partner ministries of
defense; and
(2) building the capacity of young civilian leaders in
foreign partner ministries of defense to promote civilian
control of the military, respect for human rights, and
adherence to the law of armed conflict.
(c) Priority.--In carrying out the pilot program under
subsection (a), the Secretary of Defense shall prioritize
engagement with civilian defense leaders from foreign partner
ministries of defense who are 40 years of age or younger.
(d) Briefings.--
(1) Design of pilot program.--Not later than June 1, 2023,
the Secretary of Defense, in consultation with the Secretary
of State, shall provide a briefing to the appropriate
committees of Congress on the design of the pilot program
under subsection (a).
(2) Progress briefing.--Not later than December 31, 2023,
and annually thereafter until the date on which the pilot
program terminates under subsection (e), the Secretary of
Defense, in consultation with the Secretary of State, shall
provide a briefing to the appropriate committees of Congress
on the pilot program that includes--
(A) a description of the activities conducted and the
results of such activities;
(B) an identification of existing authorities used to carry
out the pilot program;
(C) any recommendations related to new authorities or
modifications to existing authorities necessary to more
effectively achieve the objectives of the pilot program; and
(D) any other matter the Secretary of Defense considers
relevant.
(e) Termination.--The pilot program under subsection (a)
shall terminate on December 31, 2026.
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress``
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1249. CROSS-FUNCTIONAL TEAM FOR MATTERS RELATING TO THE
PEOPLE`S REPUBLIC OF CHINA.
(a) Establishment.--Using the authority provided pursuant
to section 911(c) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111
note), the Secretary of Defense shall establish a cross-
functional team--
(1) to integrate Department of Defense efforts to address
national security challenges posed by the People`s Republic
of China; and
(2) to ensure alignment across Department strategies,
policies, resourcing, and fielding of relevant capabilities.
(b) Duties.--The duties of the cross-functional team
established under subsection (a) shall be--
(1) to assist the Secretary with integrating Department
efforts to address national security challenges posed by the
People`s Republic of China;
(2) to integrate the efforts of the Department regarding
the People`s Republic of China with the efforts of other
relevant Federal departments and agencies; and
(3) to streamline and strengthen cooperation with United
States allies and partners, particularly such allies and
partners in the Indo-Pacific region.
(c) Team Leadership.--
(1) In general.--The Secretary shall select an appropriate
civilian official to lead the cross-functional team and a
senior military officer to serve as the deputy to the
civilian official so selected.
(2) Direct reporting.--The leadership of the cross-
functional team shall report directly to the Secretary and
the Deputy Secretary of Defense.
(d) Briefing.--Not later than 45 days after the date of the
enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on--
(1) the progress of the Secretary in establishing the
cross-functional team; and
(2) the progress the team has made in--
(A) determining the roles and responsibilities of the
organizations and elements of the Department with respect to
the cross-functional team; and
(B) carrying out the duties under subsection (b).
SEC. 1250. REPORT ON BILATERAL AGREEMENTS SUPPORTING UNITED
STATES MILITARY POSTURE IN THE INDO-PACIFIC
REGION.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees 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.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An accounting of existing bilateral agreements that
support the military posture of the United States in the
Indo-Pacific region, by country and type.
(2) An articulation of the need for new bilateral
agreements, by country and type, to support a more
distributed United States military posture in the Indo-
Pacific region, as outlined by the Global Force Posture
Review, including agreements necessary--
(A) to establish new cooperative security locations,
forward operating locations, and other locations in support
of distributed operations; and
(B) to enable exercises and a more rotational force
presence.
(3) A description of the relative priority of the
agreements articulated under paragraph (2).
(4) Any specific request, financial or otherwise, made by a
foreign government or a Federal agency other than the
Department of Defense that complicates the completion of such
agreements.
(5) A description of Department activities planned for the
current and subsequent fiscal year that are intended to
contribute to the completion of such agreements.
(6) A description of the manner in which the necessity for
such agreements is communicated to, and coordinated with, the
Secretary of State.
(7) Any other matter the Secretary of Defense considers
relevant.
SEC. 1251. SENSE OF THE SENATE ON SUPPORTING PRIORITIZATION
OF THE PEOPLE`S REPUBLIC OF CHINA, THE INDO-
PACIFIC REGION, AND TAIWAN.
It is the sense of the Senate that the Senate--
(1) supports the designations by the Department of Defense,
as reflected in the 2022 National Defense Strategy and
statements by Secretary of Defense Lloyd Austin and other
senior Department officials, of--
(A) the People`s Republic of China as the Department`s
pacing challenge;
(B) the Indo-Pacific as the Department`s priority theater;
and
(C) a Taiwan contingency as the Department`s pacing
scenario;
(2) underscores the importance of the Department continuing
to prioritize the deterrence of aggression by the People`s
Republic of China, particularly in the form of an invasion of
Taiwan by the People`s Republic of
[[Page S6141]]
China, as the Government of the People`s Republic of China
expands and modernizes the People`s Liberation Army; and
(3) strongly urges the Department to manage force
allocations across theaters to ensure, consistent with the
Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.), that the United States Armed Forces maintain the
ability to deny a fait accompli against Taiwan by the
People`s Republic of China in order to deter the People`s
Republic of China from using force to unilaterally change the
status quo with Taiwan.
SEC. 1252. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND
PARTNERSHIPS IN THE INDO-PACIFIC REGION.
(a) Findings.--Congress makes the following findings:
(1) The United States Indo-Pacific strategy states, ``we
will prioritize our single greatest asymmetric strength: our
network of security alliances and partnerships. Across the
region, the United States will work with allies and partners
to deepen our interoperability and develop and deploy
advanced warfighting capabilities as we support them in
defending their citizens and their sovereign interests.``.
(2) The fact sheet accompanying the National Defense
Strategy states, ``[m]utually-beneficial Alliances and
partnerships are an enduring strength for the United States,
and are critical to achieving our objectives . . . the
Department [of Defense] will incorporate ally and partner
perspectives, competencies, and advantages at every stage of
defense planning.``.
(3) Chairman of the Joint Chiefs of Staff General Milley
testified on April 7, 2022, that ``our alliances and
partnerships are our most significant asymmetric advantages
and are key to maintaining the international rules-based
order that offers the best opportunities for peace and
prosperity for America and the globe.``.
(4) Commander of the United States Indo-Pacific Command
Admiral Aquilino testified on March 10, 2022, that ``a key
U.S. asymmetric advantage that our security challengers do
not possess is our network of strong alliances and
partnerships. Because these relationships are based on shared
values and people-to-people ties, they provide significant
advantages such as long-term mutual trust, understanding,
respect, interoperability, and a common commitment to a free
and open Indo-Pacific.``.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should continue efforts that
strengthen United States defense alliances and partnerships
in the Indo-Pacific region so as to further the comparative
advantage of the United States in strategic competition with
the People`s Republic of China, including by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United
States of America and Japan, signed at Washington, January
19, 1960, including by developing advanced military
capabilities, fostering interoperability across all domains,
and improving sharing of information and intelligence;
(2) reinforcing the United States alliance with the
Republic of Korea, including by maintaining the presence of
approximately 28,500 members of the United States Armed
Forces deployed to the country and affirming the United
States commitment to extended deterrence using the full range
of United States defense capabilities, consistent with the
Mutual Defense Treaty Between the United States and the
Republic of Korea, signed at Washington, October 1, 1953, in
support of the shared objective of a peaceful and stable
Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between
Australia, New Zealand, and the United States of America,
signed at San Francisco, September 1, 1951, and through the
partnership among Australia, the United Kingdom, and the
United States (commonly known as ``AUKUS``)--
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines
and Thailand and United States partnerships with other
partners in the Association of Southeast Asian Nations to
enhance maritime domain awareness, promote sovereignty and
territorial integrity, leverage technology and promote
innovation, and support an open, inclusive, and rules-based
regional architecture;
(5) broadening United States engagement with India,
including through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free and open
Indo-Pacific region through bilateral and multilateral
engagements and participation in military exercises, expanded
defense trade, and collaboration on humanitarian aid and
disaster response; and
(B) to enable greater cooperation on maritime security and
the threat of global pandemics, including COVID-19;
(6) strengthening the United States partnership with
Taiwan, consistent with the Three Communiques, the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and
the Six Assurances, with the goal of improving Taiwan`s
asymmetric defensive capabilities and promoting peaceful
cross-strait relations;
(7) reinforcing the status of the Republic of Singapore as
a Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation
between the military forces of the Republic of Singapore and
the Armed Forces of the United States, including through
participation in combined exercises and training;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and
other Pacific Island countries, with the goal of
strengthening regional security and addressing issues of
mutual concern, including protecting fisheries from illegal,
unreported, and unregulated fishing;
(9) collaborating with Canada, the United Kingdom, France,
and other members of the European Union and the North
Atlantic Treaty Organization to build connectivity and
advance a shared vision for the region that is principled,
long-term, and anchored in democratic resilience; and
(10) investing in enhanced military posture and
capabilities in the area of responsibility of the United
States Indo-Pacific Command and strengthening cooperation in
bilateral relationships, multilateral partnerships, and other
international fora to uphold global security and shared
principles, with the goal of ensuring the maintenance of a
free and open Indo-Pacific region.
SEC. 1253. PROHIBITION ON USE OF FUNDS TO SUPPORT
ENTERTAINMENT PROJECTS WITH TIES TO THE
GOVERNMENT OF THE PEOPLE`S REPUBLIC OF CHINA.
None of the funds authorized to be appropriated by this Act
may be used to knowingly provide active and direct support to
any film, television, or other entertainment project with
respect to which any producer or other person associated with
the project--
(1) seeks pre-approval of the content of the project from
any entity of the Government of the People`s Republic of
China or the Chinese Communist Party; or
(2) modifies or deletes in any way the content of the
project as a result of any direction from any entity of the
Government of the People`s Republic of China or the Chinese
Communist Party.
Subtitle E--Reports
SEC. 1261. REPORT ON FIFTH FLEET CAPABILITIES UPGRADES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on--
(1) capabilities upgrades necessary to enable the Fifth
Fleet to address emerging threats in its area of
responsibility; and
(2) any costs associated with such upgrades.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of seaborne threats posed by Iran, and
groups linked to Iran, to the military forces of United
States allies and partners operating in the waters in and
around the broader Middle East.
(2) A description of any capabilities upgrades necessary to
enable the Fifth Fleet to address such threats.
(3) An estimate of the costs associated with any such
upgrades.
(4) A description of any United States plan to deepen
cooperation with other member countries of the Combined
Maritime Forces at the strategic, policy, and functional
levels for the purpose of addressing such threats, including
by--
(A) enhancing coordination on defense planning;
(B) improving intelligence sharing; and
(C) deepening maritime interoperability.
(c) Broader Middle East Defined.--In this section, the term
``broader Middle East`` means--
(1) the land around the southern and eastern shores of the
Mediterranean Sea;
(2) the Arabian Peninsula;
(3) Iran; and
(4) North Africa.
Subtitle F--Other Matters
SEC. 1271. PROHIBITION ON PARTICIPATION IN OFFENSIVE MILITARY
OPERATIONS AGAINST THE HOUTHIS IN YEMEN.
(a) In General.--None of the funds authorized to be
appropriated by this Act shall be made available to provide
for Department of Defense participation in offensive
operations against the Houthis in Yemen by the coalition led
by Saudi Arabia, unless a specific statutory authorization
for such use of the United States Armed Forces has been
enacted.
(b) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) if the Secretary--
(1) determines that such a waiver is in the national
security interests of the United States;
(2) issues the waiver in writing; and
(3) not more than 5 days after issuing the waiver, submits
to the Committees on Armed Services of the Senate and the
House of Representatives a notification that includes the
text of the waiver and a justification for the waiver.
(c) Rule of Construction.--Nothing in this section shall be
construed to limit--
(1) United States counterterrorism cooperation with Saudi
Arabia or the United Arab Emirates against al-Qaeda, the
Islamic State of Iraq and Syria, or associated forces;
(2) support intended to assist Saudi Arabia, the United
Arab Emirates, or other members of the Saudi-led coalition in
defending against threats emanating from Yemen to their
sovereignty or territorial integrity, the
[[Page S6142]]
sovereignty or territorial integrity of any other United
States partner or ally, or the safety of United States
persons or property, including--
(A) threats from ballistic missiles, cruise missiles, or
unmanned aerial vehicles; and
(B) explosive boat threats to international maritime
traffic;
(3) the provision of humanitarian assistance; or
(4) the preservation of freedom of navigation.
(d) Extension of Prohibition on In-flight Refueling to Non-
United States Aircraft That Engage in Hostilities in the
Ongoing Civil War in Yemen.--Section 1273 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1699) is amended to read as follows:
``SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED
STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN
THE ONGOING CIVIL WAR IN YEMEN.
``For the two-year period beginning on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2023, the Department of Defense may not provide
in-flight refueling pursuant to section 2342 of title 10,
United States Code, or any other applicable statutory
authority, to non-United States aircraft that engage in
hostilities in the ongoing civil war in Yemen unless and
until a declaration of war or a specific statutory
authorization for such use of United States Armed Forces has
been enacted.``.
SEC. 1272. EXTENSION OF AUTHORITY FOR UNITED STATES-ISRAEL
COOPERATION TO COUNTER UNMANNED AERIAL SYSTEMS.
Section 1278(f) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1702; 22
U.S.C. 8606 note) is amended by striking ``December 31,
2024`` and inserting ``December 31, 2026``.
SEC. 1273. EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO
REDRESS INJURY AND LOSS.
Section 1213(a) of the National Defense Authorization Act
for Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by
striking ``December 31, 2023`` and inserting ``December 31,
2024``.
SEC. 1274. MODIFICATION OF SECRETARY OF DEFENSE STRATEGIC
COMPETITION INITIATIVE.
(a) Authority.--Subsection (a) of section 1332 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 2007; 10 U.S.C. 301 note) is
amended by striking ``that advance`` and all that follows
through the period at the end and inserting ``that--
``(1) advance United States national security objectives
for strategic competition by supporting Department of Defense
efforts to compete below the threshold of armed conflict; or
``(2) support other Federal departments and agencies in
advancing United States interests relating to strategic
competition.``.
(b) Authorized Activities and Programs.--Subsection (b) of
such section is amended by adding at the end the following
new paragraph:
``(5) Other activities or programs of the Department of
Defense, including activities to coordinate with or support
other Federal departments and agencies, that the Secretary of
Defense determines would advance United States national
security objectives for strategic competition.``.
SEC. 1275. ASSESSMENT OF CHALLENGES TO IMPLEMENTATION OF THE
PARTNERSHIP AMONG AUSTRALIA, THE UNITED
KINGDOM, AND THE UNITED STATES.
(a) In General.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center for the conduct of an independent
assessment of resourcing, policy, and process challenges to
implementing the partnership among Australia, the United
Kingdom, and United States (commonly known as the ``AUKUS
partnership``) announced on September 21, 2021.
(b) Matters to Be Considered.--In conducting the assessment
required by subsection (a), the federally funded research and
development center shall consider the following with respect
to each of Australia, the United Kingdom, and the United
States:
(1) Potential resourcing and personnel shortfalls.
(2) Information sharing, including foreign disclosure
policy and processes.
(3) Statutory, regulatory, and other policies and
processes.
(4) Intellectual property, including patents.
(5) Export controls, including technology transfer and
protection.
(6) Security protocols and practices, including personnel,
operational, physical, facility, cybersecurity,
counterintelligence, marking and classifying information, and
handling and transmission of classified material.
(7) Any other matter the Secretary considers appropriate.
(c) Recommendations.--The federally funded research and
development center selected to conduct the assessment under
this section shall include, as part of such assessment,
recommendations for improvements to resourcing, policy, and
process challenges to implementing the AUKUS partnership.
(d) Report.--
(1) In general.--Not later than January 1, 2024, the
Secretary shall submit to the congressional defense
committees a report that includes an unaltered copy of such
assessment, together with the views of the Secretary on the
assessment and on the recommendations included in the
assessment pursuant to subsection (c).
(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $341,598,000 authorized to
be appropriated to the Department of Defense for fiscal year
2023 in section 301 and made available by the funding table
in division D for the Department of Defense Cooperative
Threat Reduction Program established under section 1321 of
the Department of Defense Cooperative Threat Reduction Act
(50 U.S.C. 3711), the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination, $6,860,000.
(2) For chemical weapons destruction, $15,000,000.
(3) For global nuclear security, $18,090,000.
(4) For cooperative biological engagement, $225,000,000.
(5) For proliferation prevention, $45,890,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $30,760,000.
(b) Specification of Cooperative Threat Reduction Funds.--
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the
funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for
obligation for fiscal years 2023, 2024, and 2025.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2023 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2023 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2023 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2023 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2023 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible
beneficiaries, as specified in the funding table in section
4501.
Subtitle B--National Defense Stockpile
SEC. 1411. MODIFICATION OF ACQUISITION AUTHORITY UNDER
STRATEGIC AND CRITICAL MATERIALS STOCK PILING
ACT.
(a) In General.--Section 5 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98d) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by inserting ``under the
authority of paragraph (3) or`` after ``Except for
acquisitions made``; and
(ii) in the second sentence, by striking ``for such
acquisition`` and inserting ``for any acquisition of
materials under this Act``; and
(B) by adding at the end the following:
``(3) Using funds appropriated for acquisition of materials
under this Act, the National Defense Stockpile Manager may
acquire materials determined to be strategic and critical
under section 3(a) without regard to the requirement of the
first sentence of paragraph (1) if the Stockpile Manager
determines there is a shortfall of such materials in the
stockpile.``; and
(2) in subsection (c), by striking ``to carry out the
purposes for which appropriated for a period of two fiscal
years, if so provided in the appropriations Acts`` and
inserting ``until expended, unless otherwise provided in
appropriations Acts``.
(b) Increase in Quantities of Materials to Be Stockpiled.--
Section 3(c)(2) of the
[[Page S6143]]
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98b(c)(2)) is amended--
(1) by amending the first sentence to read as follows:
``The President shall notify Congress in writing of any
increase proposed to be made in the quantity of any material
to be stockpiled that involves the acquisition of additional
materials for the stockpile.``;
(2) in the second sentence, by striking ``the change after
the end of the 45-day period`` and inserting ``the increase
after the end of the 30-day period``; and
(3) in the third sentence, by striking ``change`` and
inserting ``increase``.
SEC. 1412. BRIEFINGS ON SHORTFALLS IN NATIONAL DEFENSE
STOCKPILE.
Section 14 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-5) is amended by adding at the end
the following new subsection:
``(f)(1) Not later than March 1 each year, the National
Defense Stockpile Manager shall provide to the congressional
defense committees a briefing on strategic and critical
materials that--
``(A) are determined to be in shortfall in the most recent
report on stockpile requirements submitted under subsection
(a); and
``(B) the acquisition or disposal of which is included in
the annual materials plan for the operation of the stockpile
during the next fiscal year submitted under section 11(b).
``(2) Each briefing required by paragraph (1) shall
include--
``(A) a description of each material described in that
paragraph, including the objective to be achieved if funding
is provided, in whole or in part, for the acquisition of the
material to remedy the shortfall;
``(B) an estimate of additional amounts required to provide
such funding, if any; and
``(C) an assessment of the supply chain for each such
material, including any assessment of any relevant risk in
any such supply chain.``.
SEC. 1413. AUTHORITY TO ACQUIRE MATERIALS FOR THE NATIONAL
DEFENSE STOCKPILE.
(a) Acquisition Authority.--Of the funds appropriated into
the National Defense Stockpile Transaction Fund pursuant to
the authorization of appropriations under subsection (c), the
National Defense Stockpile Manager may use up to
$1,003,500,000 for acquisition of the following materials
determined to be strategic and critical materials required to
meet the defense, industrial, and essential civilian needs of
the United States:
(1) Neodymium oxide, praseodymium oxide, and neodymium iron
boron (NdFeB) magnet block.
(2) Titanium.
(3) Energetic materials.
(4) Iso-molded graphite.
(5) Grain-oriented electric steel.
(6) Tire cord steel.
(7) Cadmium zinc telluride.
(8) Any additional materials identified as stockpile
requirements in the most recent report submitted to Congress
under section 14 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-5).
(b) Fiscal Year Limitation.--The authority under subsection
(a) is available for purchases during fiscal years 2023
through 2032.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the National Defense Stockpile
Transaction Fund $1,003,500,000 for the acquisition of
strategic and critical materials under section 6(a) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98e(a)).
(d) Compliance With Strategic and Critical Materials Stock
Piling Act.--Any acquisition using funds appropriated
pursuant to the authorization of appropriations under
subsection (c) shall be carried out in accordance with the
provisions of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98 et seq.).
Subtitle C--Other Matters
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2023 from the Armed Forces Retirement Home Trust Fund
the sum of $152,360,000 for the operation of the Armed Forces
Retirement Home.
SEC. 1422. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER,
ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available
for the Defense Health Program for operation and maintenance,
$167,600,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571).
(b) Treatment of Transferred Funds.--For purposes of
subsection (a)(2) of such section 1704, any funds transferred
under subsection (a) shall be treated as amounts authorized
and appropriated specifically for the purpose of such a
transfer.
(c) Use of Transferred Funds.--For purposes of subsection
(b) of such section 1704, facility operations for which funds
transferred under subsection (a) may be used are operations
of the Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical
Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
TITLE XV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
SEC. 1501. ADDITIONAL AUTHORITIES OF CHIEF OF SPACE
OPERATIONS.
Section 9082(d) of title 10, United States Code, is
amended--
(1) in paragraph (5), by striking ``; and`` and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and``; and
(3) by adding at the end the following new paragraph:
``(7) be the force design architect for space systems of
the armed forces.``.
SEC. 1502. COMPREHENSIVE STRATEGY FOR THE SPACE FORCE.
(a) Strategic Objectives.--The Secretary of the Air Force
and the Chief of Space Operations shall 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.
(b) Report.--
(1) In general.--Not later than June 30, 2023, the
Secretary and the Chief shall jointly submit to the
congressional defense committees a report on the strategic
objectives developed under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the strategic objectives developed
under subsection (a).
(B) A specific and detailed plan for achieving such
strategic objectives that includes--
(i) a budget plan;
(ii) a ground-based infrastructure plan;
(iii) a space architecture plan; and
(iv) a systems acquisitions plan.
(C) An identification of units and resources from other
Department of Defense organizations, as applicable, required
by the Space Force to achieve and implement such strategic
objectives efficiently and effectively.
(D) A plan to provide the number of general officer and
senior executive service positions required to meet the needs
of the Space Force, and a justification for such number.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(4) Public availability.--Not later than 5 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.
(c) Briefing.--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--
(1) the information contained in the report; and
(2) the plan of the Department of the Air Force to provide
the Space Force with the resources required to achieve the
objectives described in the report.
(d) Space Superiority Defined.--In this section, the term
``space superiority`` means the degree of control in space of
one force over any others that permits the conduct of its
operations at a given time and place without prohibitive
interference from terrestrial or space-based threats.
SEC. 1503. REVIEW OF SPACE DEVELOPMENT AGENCY EXEMPTION FROM
JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT
SYSTEM.
(a) In General.--Not later than March 31, 2023, the
Secretary of Defense shall complete a review of the exemption
of the Space Development Agency from the Joint Capabilities
Integration and Development System.
(b) Recommendation.--Not later than 30 days after the date
on which the review under subsection (a) is completed, the
Secretary of Defense shall submit to the congressional
defense committees a recommendation as to whether such
exemption should continue to apply to the Space Development
Agency.
(c) Implementation.--Not later than 60 days after the date
on which the recommendation is submitted under subsection
(b), the Secretary of the Air Force and the Director of the
Space Development Agency shall implement the recommendation.
SEC. 1504. APPLIED RESEARCH AND EDUCATIONAL ACTIVITIES TO
SUPPORT SPACE TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary of the Air Force and the
Chief of Space Operations, in coordination with the Chief
Technology and Innovation Office of the Space Force, may
carry out applied research and educational activities to
support space technology development.
(b) Activities.--Activities carried out under subsection
(a) shall support the applied research, development, and
demonstration needs of the Space Force, including by
addressing and facilitating the advancement of capabilities
related to--
[[Page S6144]]
(1) space domain awareness;
(2) positioning, navigation, and timing;
(3) communications;
(4) hypersonics;
(5) cybersecurity; and
(6) any other matter the Secretary of the Air Force
considers relevant.
(c) Education and Training.--Activities carried out under
subsection (a) shall--
(1) promote education and training for students so as to
support the future national security space workforce of the
United States; and
(2) explore opportunities for international collaboration.
(d) Termination.--The authority provided by this section
shall expire on December 31, 2027.
SEC. 1505. CONTINUED REQUIREMENT FOR NATIONAL SECURITY SPACE
LAUNCH PROGRAM.
In carrying out Phase 2 of the acquisition strategy for the
National Security Space Launch program, the Secretary of the
Air Force shall 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.
SEC. 1506. EXTENSION OF ANNUAL REPORT ON SPACE COMMAND AND
CONTROL.
Section 1613(a)(2) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1731)
is amended by striking ``2025`` and inserting ``2030``.
SEC. 1507. MODIFICATION OF REPORTS ON INTEGRATION OF
ACQUISITION AND CAPABILITY DELIVERY SCHEDULES
FOR SEGMENTS OF MAJOR SATELLITE ACQUISITIONS
PROGRAMS AND FUNDING FOR SUCH PROGRAMS.
Section 2275(f) of title 10, United States Code, is amended
by striking paragraph (3).
SEC. 1508. UPDATE TO PLAN TO MANAGE INTEGRATED TACTICAL
WARNING AND ATTACK ASSESSMENT SYSTEM AND MULTI-
DOMAIN SENSORS.
(a) Update Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of the Air
Force shall update the plan that was developed pursuant to
section 1669 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91).
(b) Coordination With Other Agencies.--In developing the
update required by subsection (a), the Secretary shall--
(1) coordinate with the Secretary of the Army, the
Secretary of the Navy, the Director of the Missile Defense
Agency, the Director of the National Reconnaissance Office,
and the Director of the Space Development Agency; and
(2) solicit comments on the plan, if any, from the
Commander of United States Strategic Command, the Commander
of United States Northern Command, and the Commander of
United States Space Command.
(c) Submittal to Congress.--Not later than 90 days after
the update required by subsection (a) is complete, the
Secretary of the Air Force shall submit to the congressional
defense committees--
(1) the plan updated pursuant to subsection (a); and
(2) the comments from the Commander of United States
Strategic Command, the Commander of United States Northern
Command, and the Commander of United States Space Command, if
any, solicited under subsection (b)(2).
Subtitle B--Nuclear Forces
SEC. 1511. MATTERS RELATING TO ROLE OF NUCLEAR WEAPONS
COUNCIL WITH RESPECT TO BUDGET FOR NUCLEAR
WEAPONS PROGRAMS.
(a) Repeal of Termination of Nuclear Weapons Council
Certification and Reporting Requirement.--Section 1061(c) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 111 note) is amended by
striking paragraph (10).
(b) Modification to Responsibilities of Nuclear Weapons
Council.--Section 179(d)(9) of title 10, United States Code,
is amended by inserting ``, in coordination with the Joint
Requirements Oversight Council,`` after ``capabilities,
and``.
(c) Amendment to Budget and Funding Matters for Nuclear
Weapons Programs.--
(1) In general.--Section 179(f) of title 10, United States
Code, is amended--
(A) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively;
(B) striking the heading and inserting the following:
``Budget and Funding Matters.--(1)(A) The Council shall
review each budget request transmitted by the Secretary of
Energy to the Council under section 4717 of the Atomic Energy
Defense Act (50 U.S.C. 2757) and make a determination
regarding the adequacy of each such request.
``(B) Not later than 30 days after making a determination
described in subparagraph (A), the Council shall notify
Congress that such a determination has been made.``; and
(C) by striking paragraph (7), as so redesignated, and
inserting the following new paragraph (7):
``(7) If a House of Congress adopts a bill authorizing or
appropriating funds for the Department of Defense that, as
determined by the Council, provides funds in an amount that
will result in a delay in the nuclear certification or
delivery of F-35A dual-capable aircraft, the Sentinel weapon
system, the Columbia class ballistic missile submarine, the
Long Range Standoff Weapon, the B-21 Raider long range
bomber, a modernized nuclear command, control, and
communications system, or other such nuclear weapons delivery
or communications systems in development as of January 1,
2022, the Council shall notify the congressional defense
committees of the determination.``.
(2) Transfer of determination of adequacy requirement.--
Subparagraph (B) of section 4717(a)(2) of the Atomic Energy
Defense Act (50 U.S.C. 2757) is--
(A) transferred to section 179(f) of title 10, United
States Code, as amended by paragraph (1);
(B) inserted after paragraph (1)(A) of such section; and
(C) amended--
(i) by moving such subparagraph 4 ems to the left;
(ii) by striking ``Determination of adequacy.--`` and all
that follows through ``(i) Inadequate requests.--`` and
inserting ``(i)``;
(iii) in clause (i), by striking ``paragraph (1)`` and
inserting ``section 4717 of the Atomic Energy Defense Act (50
U.S.C. 2757)``;
(iv) in clause (ii)--
(I) by moving such clause 6 ems to the left;
(II) by striking the heading; and
(III) by striking ``paragraph (1)`` and inserting ``section
4717 of the Atomic Energy Defense Act (50 U.S.C. 2757)``; and
(v) in clause (iii)--
(I) by moving such clause 6 ems to the left; and
(II) by striking the heading.
(d) Modification of Budget Review by Nuclear Weapons
Council.--Section 4717 of the Atomic Energy Defense Act (50
U.S.C. 2757) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Review.--The Council shall review each budget request
transmitted to the Council under paragraph (1) in accordance
with section 179(f) of title 10, United States Code.``; and
(B) in paragraph (3)(A)--
(i) in the matter preceding clause (i), by striking
``paragraph (2)(B)(i)`` and inserting ``section
179(f)(1)(B)(i) of title 10, United States Code,``; and
(ii) in clause (i), by striking ``the description under
paragraph (2)(B)(i)`` and inserting ``that description``; and
(2) in subsection (b)--
(A) by striking ``Council.--`` in the heading and all that
follows through ``At the time`` and inserting ``Council.--At
the time``; and
(B) by striking paragraph (2).
SEC. 1512. DEVELOPMENT OF RISK MANAGEMENT FRAMEWORK FOR THE
UNITED STATES NUCLEAR ENTERPRISE.
(a) Framework.--Not later than June 1, 2023, the Under
Secretary of Defense for Acquisition and Sustainment and the
Administrator for Nuclear Security, in coordination with the
other members of the Nuclear Weapons Council, shall develop a
joint risk management framework--
(1) to periodically identify, analyze, and respond to risks
that affect the nuclear enterprise of the United States; and
(2) to report, internally to other members of the Nuclear
Weapons Council and externally to relevant stakeholders, such
risks and any associated mitigation efforts.
(b) Elements.--The framework required by subsection (a)
shall address--
(1) programs to sustain and modernize the nuclear weapons
stockpile of the United States;
(2) efforts to sustain and recapitalize infrastructure and
facilities of the National Nuclear Security Administration
that support programs of the Department of Defense;
(3) programs to sustain and modernize nuclear weapons
delivery systems of the Department of Defense; and
(4) programs to sustain and modernize the nuclear command,
control, and communications infrastructure of the United
States.
(c) Subject Matter Expertise.--The Under Secretary and the
Administrator shall draw upon public and private sector
resources to inform the development of the framework required
by subsection (a), including by leveraging, to the maximum
extent possible, the program management expertise within the
Defense Acquisition University.
(d) Briefings.--The Under Secretary and the Administrator
shall jointly brief the congressional defense committees--
(1) not later than February 1, 2023, on the progress made
toward developing the framework required by subsection (a);
and
(2) not later than June 30, 2023, on the completed
framework.
SEC. 1513. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED
ACTIVITIES.
Chapter 24 of title 10, United States Code, is amended by
inserting after section 492a the following new section:
``SEC. 492B. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED
ACTIVITIES.
``(a) In General.--On or about May 1 and November 1 of each
calendar year, the officials specified in subsection (b)
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on matters relating to
nuclear weapons policies, operations, technology development,
and other similar topics as requested by such committees.
``(b) Officials Specified.--The officials specified in this
subsection are the following:
``(1) the Assistant Secretary of Defense for Acquisition.
[[Page S6145]]
``(2) the Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs.
``(3) the Assistant Secretary of Defense for Space Policy.
``(4) the Deputy Administrator for Defense Programs of the
National Nuclear Security Administration.
``(5) the Director for Strategy, Plans, and Policy (J5) of
the Joint Staff.
``(6) the Director for Capability and Resource Integration
(J8) for the United States Strategic Command.
``(c) Delegation.--An official specified in subsection (b)
may delegate the authority to provide a briefing required by
subsection (a) to any employee of such official who is a
member of the Senior Executive Service.
``(d) Termination.--This section terminates on January 1,
2028.``.
SEC. 1514. PLAN FOR DEVELOPMENT OF REENTRY VEHICLES.
(a) In General.--The Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the
Administrator for Nuclear Security and the Under Secretary of
Defense for Research and Engineering, shall produce a plan
for the development, during the 20 year period beginning on
the date of the enactment of this Act, of--
(1) the Mark 21A reentry vehicle for the Air Force;
(2) the Mark 7 reentry vehicle for the Navy; and
(3) any other reentry vehicles for--
(A) the Sentinel intercontinental ballistic missile weapon
system;
(B) the Trident II (D5) submarine-launched ballistic
missile, or subsequent missile; and
(C) any other long range ballistic or hypersonic strike
missile that may rely upon technologies similar to the
technologies used in the missiles described in subparagraphs
(A) and (B).
(b) Elements.--The plan required by subsection (a) shall--
(1) with respect to the development of each reentry vehicle
described in subsection (a), describe--
(A) timed phases of production for the reentry aeroshell
and the planned production and fielding of the reentry
vehicle;
(B) the required developmental and operational testing
capabilities and capacities, including such capabilities and
capacities of the reentry vehicle;
(C) the technology development and manufacturing
capabilities that may require use of authorities under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.); and
(D) the industrial base capabilities and capacities,
including the availability of sufficient critical materials
and staffing to ensure adequate competition between entities
developing the reentry vehicle;
(2) provide estimated cost projections for the development
of the first operational reentry vehicle and the production
of subsequent reentry vehicles to meet Navy and Air Force
requirements; and
(3) provide for the coordination with and account for the
needs of the development by the Department of Defense of
hypersonic systems using materials, staffing, and an
industrial base similar to that required for the development
of reentry vehicles described in subsection (a).
(c) Assessments.--
(1) Cost projections.--The Director of the Office of Cost
Assessment and Program Evaluation of the Department of
Defense and the Director of the Office of Cost Estimating and
Program Evaluation of the National Nuclear Security
Administration shall jointly conduct an assessment of the
costs of the plan required by subsection (a).
(2) Technology and manufacturing readiness.--The Under
Secretary of Defense for Acquisition and Sustainment shall
enter into an agreement with a federally funded research and
development center to conduct an assessment of the technology
and manufacturing readiness levels with respect to the plan
required by subsection (a).
(d) Submission to Congress.--Not later than one year after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees the plan required by
subsection (a) and the assessments required by subsection
(c).
SEC. 1515. INDUSTRIAL BASE MONITORING FOR B-21 AND SENTINEL
PROGRAMS.
(a) In General.--The Secretary of the Air Force, acting
through the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics, shall designate a
senior official to monitor the combined industrial base
supporting the acquisition of B-21 aircraft and Sentinel
programs.
(b) Requirements for Monitoring.--In monitoring the
combined industrial base described in subsection (a), the
senior official designated under that subsection shall--
(1) appoint individuals to key staff positions;
(2) monitor the acquisition of--
(A) personnel with critical skills;
(B) materials, technologies, and components associated with
nuclear weapons systems; and
(C) commodities purchased on a large scale; and
(3) assess whether public and private personnel with
critical skills and knowledge, intellectual property on
manufacturing processes, and facilities and equipment
necessary to design, develop, manufacture, repair, and
support a program are available and affordable within the
scopes of the B-21 aircraft and Sentinel programs.
(c) Annual Report.--Contemporaneously with the submission
of the budget of the President pursuant to section 1105(a) of
title 31 for a fiscal year, the Secretary shall submit to the
congressional defense committees a report with respect to the
status of the combined industrial base described in
subsection (a).
SEC. 1516. ESTABLISHMENT OF INTERCONTINENTAL BALLISTIC
MISSILE SITE ACTIVATION TASK FORCE FOR SENTINEL
PROGRAM.
(a) Establishment.--
(1) In general.--There is established within the Air Force
Global Strike Command a directorate to be known as the
Sentinel Intercontinental Ballistic Missile Site Activation
Task Force (referred to in this section as the ``Task
Force``).
(2) Site activation task force.--The Task Force shall serve
as the Site Activation Task Force (as that term is defined in
Air Force Instruction 10-503, updated October 14, 2020) for
purposes of overseeing the construction of fixed facilities
and emplacements and the installation and checkout of
supporting subsystems and equipment leading to the deployment
and achievement of full operational capability of the LGM-35A
Sentinel intercontinental ballistic missile weapon system at
each intercontinental ballistic missile wing for use by the
Air Force Global Strike Command in support of plans and
operations of the United States Strategic Command.
(b) Director.--
(1) In general.--The Task Force shall be headed by the
Director of Intercontinental Ballistic Missile Modernization
(referred to in this section as the ``Director``).
(2) Appointment.--
(A) In general.--The Secretary of the Air Force shall
appoint the Director from among general officers (as defined
in section 101(b) of title 10, United States Code) of the Air
Force.
(B) Qualifications.--In appointing the Director, the
Secretary of the Air Force shall give preference to
individuals with expertise in large construction projects.
(3) Term of office.--
(A) Term.--The Director shall be appointed for a term of
three years. The Secretary may reappoint the Director for one
additional three-year term.
(B) Removal.--The Secretary may remove the Director for
cause at any time.
(4) Duties of the director.--The Director shall--
(A) oversee--
(i) the deployment of the LGM-35A Sentinel intercontinental
ballistic missile weapon system; and
(ii) the retirement of the LGM-30G Minuteman III
intercontinental ballistic missile weapon system; and
(B) subject to the authority, direction, and control of the
Commander of the Air Force Global Strike Command, the Chief
of Staff of the Air Force, and the Secretary of the Air
Force, prepare, justify, and execute the personnel, operation
and maintenance, and construction budgets for such deployment
and retirement.
(c) Reports.--
(1) Report to secretaries.--Not later than one year after
the date of the enactment of this Act, and annually
thereafter, the Director, in consultation with the milestone
decision authority (as defined in section 2366a(d) of title
10, United States Code) for the LGM-35A Sentinel
intercontinental ballistic missile program, shall submit to
the Secretary of the Air Force and the Secretary of Defense a
report on the progress of the Air Force in achieving initial
and full operational capability for the LGM-35A Sentinel
intercontinental ballistic missile weapon system.
(2) Report to congress.--Not later than 30 days after
receiving a report required by paragraph (1), the Secretary
of the Air Force and the Secretary of Defense jointly shall
transmit the report to the congressional defense committees.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Quarterly briefing.--Not later than one year after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of the Air Force shall brief the
congressional defense committees with respect to progress
made on activities by the Task Force to bring the LGM-35A
Sentinel intercontinental ballistic missile weapon system to
operational capability at each intercontinental ballistic
missile wing.
(d) Weapon System Designation.--
(1) In general.--For purposes of nomenclature and life
cycle maintenance, each wing level configuration of the LGM-
35A Sentinel intercontinental ballistic missile shall be
considered a weapon system.
(2) Definitions.--In this subsection:
(A) Weapon system.--The term ``weapon system`` has the
meaning given the term in Department of the Air Force
Pamphlet 63-128, updated February 3, 2021.
(B) Wing level configuration.--The term ``wing level
configuration`` means the complete arrangement of subsystems
and equipment of the LGM-35A Sentinel intercontinental
ballistic missile required to function as a wing.
(e) Termination.--The Task Force shall terminate not later
than 90 days after the Commander of the United States
Strategic Command and the Commander of the Air Force Global
Strike Command (or the heads of successor agencies of the
United States Strategic Command and the Air Force Global
Strike Command) jointly declare that the LGM-35A Sentinel
intercontinental ballistic
[[Page S6146]]
missile weapon system has achieved full operational
capability.
SEC. 1517. SENSE OF THE SENATE AND BRIEFING ON NUCLEAR
COOPERATION BETWEEN THE UNITED STATES AND THE
UNITED KINGDOM.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(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 North Atlantic Treaty Organization
(commonly referred to as ``NATO``) 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 July
1, 1968, and entered into force March 5, 1960 (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 July 3, 1958, and entered into force 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--
(A) preserves independent, sovereign control;
(B) is consistent with each country`s obligations under the
Nuclear Non-Proliferation Treaty; and
(C) 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.
(b) Briefing.--Not later than March 4, 2023, the Under
Secretary of Defense for Acquisition and Sustainment shall
brief the Committees on Armed Services of the Senate and the
House of Representatives 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.
SEC. 1518. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
REPORTS ON INTERCONTINENTAL BALLISTIC MISSILE
FORCE.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act for fiscal year 2023 for the Office of the Under
Secretary of Defense for Policy, not more than 50 percent may
be obligated or expended until the Secretary of Defense
submits to the congressional defense committees the reports
and documents required under section 1647 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 2097).
(b) Report Required.--
(1) In general.--Not later than the date specified in
paragraph (2), the Secretary of Defense shall submit to the
congressional defense committees--
(A) any covered review completed in 2021 or 2022; and
(B) a report summarizing any policy, programmatic,
operational, or budgetary decisions of the Secretary of
Defense arising from the results of any covered review
completed in 2021 or 2022.
(2) Date specified.--The date specified in this paragraph
is the latter of--
(A) the date that is 15 days after the date of the
enactment of this Act; or
(B) the date that is 15 days after the President submits to
Congress a budget for fiscal year 2023 pursuant to section
1105 of title 31, United States Code.
(3) Covered review defined.--In this section, the term
``covered review`` means any review initiated in 2021 or 2022
by an entity pursuant to an agreement or contract with the
Federal Government regarding--
(A) a service life extension program for LGM-30G Minuteman
III intercontinental ballistic missiles; or
(B) the future of the intercontinental ballistic missile
force.
SEC. 1519. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
for fiscal year 2023 for the Department of Defense may be
obligated or expended for the following, and the Department
may not otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance, sustainment, or replacement of
intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1520. LIMITATION ON USE OF FUNDS FOR B83-1 RETIREMENT
AND REPORT ON DEFEATING HARD AND DEEPLY BURIED
TARGETS.
(a) Limitation on Use of Funds.--Except as provided in
subsection (c), none of the funds authorized to be
appropriated by this Act for fiscal year 2023 for the
Department of Defense or the Department of Energy for the
purpose of deactivating, dismantling, or retiring the B83-1
nuclear gravity bomb may be obligated or expended until the
Secretary of Defense and the Secretary of Energy submit to
the Committees on Armed Services of the Senate and the House
of Representatives the report required by subsection (b).
(b) Report Required.--
(1) In general.--The Secretary of Defense and the Secretary
of Energy, acting through the Nuclear Weapons Council
established under section 179 of title 10, United States
Code, and the Joint Requirements Oversight Council and in
consultation with the Director of National Intelligence,
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
defeat of hard and deeply buried targets.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a review of Department of Defense requirements for
defeating hard and deeply buried targets, including
facilities designed for the storage or manufacture of
nuclear, chemical, and biological weapons and their
precursors;
(B) an evaluation of the sufficiency of current and planned
conventional and nuclear military capabilities to satisfy
such requirements;
(C) an identification of likely future trajectories in the
worldwide use and proliferation of hard and deeply buried
targets;
(D) an assessment of the resources, research and
development efforts, and capability options needed to ensure
that the United States maintains the ability to defeat hard
and deeply buried targets and other related requirements; and
(E) a determination of the capability and cost of each
resource, effort, and option assessed under subparagraph (D).
(3) Assessment.--In order to perform the assessment
required by paragraph (2)(D), the Secretary of Defense and
the Secretary of Energy may conduct any limited research and
development that either such Secretary determines is
necessary to perform the assessment.
(4) Form.--The report required under this subsection shall
be submitted in unclassified form, but may include a
classified annex if necessary.
(c) Exception.--The limitation on the use of funds under
subsection (a) does not apply to the deactivation,
dismantling, or retirement of B83-1 nuclear gravity bombs for
the express purpose of supporting sustainment, life
extension, or modification programs for
[[Page S6147]]
other weapons currently in, or planned to become part of, the
United States nuclear weapons stockpile.
SEC. 1521. LIMITATION ON USE OF FUNDS FOR NAVAL NUCLEAR FUEL
SYSTEMS BASED ON LOW-ENRICHED URANIUM.
(a) Limitation.-- None of the funds authorized to be
appropriated for fiscal year 2023 for the National Nuclear
Security Administration for the purposes of conducting
research and development of an advanced naval nuclear fuel
system based on low-enriched uranium may be obligated or
expended until the following determinations are submitted to
the congressional defense committees:
(1) A determination made jointly by the Secretary of Energy
and the Secretary of Defense with respect to whether the
determination made jointly by the Secretary of Energy and the
Secretary of the Navy pursuant to section 3118(c)(1) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1196) and submitted to the
congressional defense committees on March 25, 2018, that the
United States should not pursue research and development of
an advanced naval nuclear fuel system based on low-enriched
uranium, remains valid.
(2) A determination by the Secretary of the Navy with
respect to whether an advanced naval nuclear fuel system
based on low-enriched uranium can be produced that would not
reduce vessel capability, increase expense, or reduce
operational availability as a result of refueling
requirements.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Administrator for Nuclear
Security shall submit to the congressional defense committees
a report on activities conducted using amounts made available
for fiscal year 2022 for nonproliferation fuels development,
including a description of any progress made toward
technological or nonproliferation goals as a result of such
activities.
SEC. 1522. FURTHER LIMITATION ON USE OF FUNDS UNTIL
SUBMISSION OF ANALYSIS OF ALTERNATIVES FOR
NUCLEAR SEA-LAUNCHED CRUISE MISSILE.
Of the funds authorized to be appropriated by this Act for
fiscal year 2023 for the Office of the Under Secretary of
Defense for Policy, not more than 75 percent may be obligated
or expended until the Secretary of Defense submits to the
congressional defense committees the analysis and provides to
such committees the briefing required by section 1641 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 2092).
SEC. 1523. MODIFICATION OF REPORTS ON NUCLEAR POSTURE REVIEW
IMPLEMENTATION.
Section 491(c) of title 10, United States Code is amended--
(1) in the heading, by striking ``2010`` and inserting
``2022``;
(2) in the matter preceding paragraph (1)--
(A) by striking ``2012 through 2021`` and inserting ``2022
through 2031``; and
(B) by striking ``2010`` and inserting ``2022``; and
(3) by striking paragraph (1) and inserting the following
new paragraph (1.):
``(1) ensure that the report required by section 492a of
this title is transmitted to Congress, if so required under
such section;``.
SEC. 1524. MODIFICATION OF REQUIREMENTS FOR PLUTONIUM PIT
PRODUCTION CAPACITY PLAN.
(a) Notification Required.--Section 4219(c) of the Atomic
Energy Defense Act (50 U.S.C. 2538a(c)) is amended--
(1) by striking ``that subsection, by`` and inserting the
following: ``that subsection--``
``(1) by not later than March 5 of such year, the Chairman
of the Nuclear Weapons Council shall notify the congressional
defense committees whether the Administration has provided
the Nuclear Weapons Council with sufficient information to
develop the plan required by paragraph (2); and
``(2) by``; and
(2) by striking ``subsection (a). Such plan`` and inserting
``subsection (a), which``.
(b) Limitation on Use of Funds.--Of the funds authorized to
be appropriated by this Act for fiscal year 2023 for the
Office of the Under Secretary of Defense for Acquisition and
Sustainment, not more than 75 percent may be obligated or
expended until the Chairman of the Nuclear Weapons Council
submits to the congressional defense committees a plan
required by section 4219(c)(2) of the Atomic Energy Defense
Act, as amended by subsection (a).
SEC. 1525. EXTENSION OF REQUIREMENT TO REPORT ON NUCLEAR
WEAPONS STOCKPILE.
Section 492a(a)(1) of title 10, United States Code, is
amended by striking ``2024`` and inserting ``2029``.
SEC. 1526. EXTENSION OF REQUIREMENT FOR ANNUAL ASSESSMENT OF
CYBER RESILIENCY OF NUCLEAR COMMAND AND CONTROL
SYSTEM.
Section 499(e) of title 10, United States Code, is amended
by striking ``December 31, 2027`` and inserting ``December
31, 2032``.
SEC. 1527. EXTENSION OF REQUIREMENT FOR UNENCUMBERED URANIUM
PLAN.
Section 4221(a) of the Atomic Energy Defense Act (50 U.S.C.
2538c(a)) is amended by striking ``2026`` and inserting
``2030``.
SEC. 1528. EXTENSION OF PIT PRODUCTION ANNUAL CERTIFICATION.
Section 3120(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2294) is amended in the matter preceding paragraph
(1) by striking ``2025`` and inserting ``2030``.
SEC. 1529. ELIMINATION OF OBSOLETE REPORTING REQUIREMENTS
RELATING TO PLUTONIUM PIT PRODUCTION.
Section 3120 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2292) is amended--
(1) by striking subsections (b), (c), (d), and (g);
(2) by redesignating subsections (e) and (f) as subsections
(b) and (c), respectively;
(3) in subsection (b), as so redesignated--
(A) in the matter preceding paragraph (1), by striking
``2025`` and inserting ``2029``; and
(B) in paragraph (3), by inserting ``, as in effect on the
day before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023`` after ``subsection
(c)(1)``; and
(4) in subsection (c), as so redesignated, by striking
``subsection (e)`` each place it appears and inserting
``subsection (b)``.
SEC. 1530. TECHNICAL AMENDMENT TO ADDITIONAL REPORT MATTERS
ON STRATEGIC DELIVERY SYSTEMS.
Section 495(b) of title 10, United States Code, is amended
in the matter preceding paragraph (1) by striking ``1043 of
the National Defense Authorization Act for Fiscal Year 2012``
and inserting ``492a of this title``.
Subtitle C--Missile Defense
SEC. 1541. PERSISTENT CYBERSECURITY OPERATIONS FOR BALLISTIC
MISSILE DEFENSE SYSTEMS AND NETWORKS.
(a) Plan.--Not later than May 1, 2023, the Director of the
Missile Defense Agency, in coordination with the Director for
Operational Test and Evaluation, shall develop a plan to
conduct persistent cybersecurity operations across all
networks and information systems supporting the Ballistic
Missile Defense System.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) An inventory of all networks and information systems
that support the Ballistic Missile Defense System.
(2) A strategy--
(A) for coordinating with the applicable Combatant Commands
on persistent cybersecurity operations; and
(B) in which the Director for Operational Test and
Evaluation monitors and reviews such operations and provides
independent assessments of their adequacy and sufficiency.
(3) A plan for how the Missile Defense Agency will respond
to cybersecurity testing recommendations made by the Director
for Operational Test and Evaluation.
(4) The timeline required to execute the plan.
(c) Briefings.--The Director of the Missile Defense Agency
shall provide to the congressional defense committees a
briefing--
(1) not later than May 15, 2023, on the plan developed
under subsection (a); and
(2) not later than December 30, 2023, on progress made
towards implementing such plan.
SEC. 1542. MIDDLE EAST INTEGRATED AIR AND MISSILE DEFENSE.
(a) In General.--The Secretary of Defense shall seek to
cooperate with allies and partners in the Middle East to
identify an architecture and develop an acquisition approach
for the countries specified in subsection (b) to implement an
integrated air and missile defense capability to protect the
people, infrastructure, and territory of such countries from
cruise and ballistic missiles, manned and unmanned aerial
systems, and rocket attacks from Iran and groups linked to
Iran.
(b) Countries Specified.--The countries specified in this
subsection are as follows:
(1) Countries of the Gulf Cooperation Council.
(2) Iraq.
(3) Israel.
(4) Jordan.
(5) Egypt.
(6) Such other regional allies or partners of the United
States as the Secretary may identify.
(c) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a strategy on cooperation
with allies and partners in the Middle East to identify an
architecture and develop an acquisition approach for the
countries specified in subsection (b) to implement an
integrated air and missile defense capability to protect the
people, infrastructure, and territory of such countries from
cruise and ballistic missiles, manned and unmanned aerial
systems, and rocket attacks from Iran and groups linked to
Iran.
(2) Contents.--The strategy submitted under paragraph (1)
shall include the following:
(A) An assessment of the threat of ballistic and cruise
missiles, manned and unmanned aerial systems, and rocket
attacks from Iran and groups linked to Iran to the countries
specified in subsection (b).
(B) A description of current efforts to coordinate
indicators and warnings from such attacks with the countries
specified in subsection (b).
(C) A description of current systems to defend against
attacks in coordination with the countries specified in
subsection (b).
(D) An explanation of how an integrated air and missile
defense architecture would improve collective security in the
region covered by the countries specified in subsection (b).
[[Page S6148]]
(E) A description of efforts to engage specified foreign
partners in establishing such an architecture.
(F) An identification of elements of the integrated air and
missile defense architecture that--
(i) can be acquired and operated by specified foreign
partners; and
(ii) can only be provided and operated by members of the
Armed Forces.
(G) An identification of any challenges in establishing an
integrated air and missile defense architecture with
specified foreign partners.
(H) An assessment of progress, and key challenges, in the
implementation of the strategy using such metrics identified
under paragraph (4).
(I) Recommendations for improvements in the implementation
of the strategy based on the metrics identified under
paragraph (4).
(J) Such other matters as the Secretary considers relevant.
(3) Protection of sensitive information.--Any activity
carried out under paragraph (1) shall be conducted in a
manner that appropriately protects sensitive information and
the national security interests of the United States.
(4) Metrics.--The Secretary shall identify metrics to
assess progress in the implementation of the strategy
required in paragraph (1).
(5) Format.--The strategy submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Feasibility Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this act, the Secretary of Defense shall--
(A) complete a study on 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 the countries specified in subsection (b) from
Iran and groups linked with Iran; and
(B) submit to the congressional defense committees the
findings of the Secretary with respect to the study completed
under subparagraph (A).
(2) Assessment of contributions.--The study completed under
paragraph (1)(A) shall include an assessment of funds that
could be contributed by allies of the United States and
countries that are partners with the United States.
SEC. 1543. DESIGNATION OF A DEPARTMENT OF DEFENSE INDIVIDUAL
RESPONSIBLE FOR MISSILE DEFENSE OF GUAM.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a senior Department of Defense individual
responsible for the missile defense of Guam.
(b) Duties.--The duties of the individual designated under
subsection (a) shall include the following:
(1) Designing the architecture of the missile defense
system for defending Guam.
(2) Overseeing development of an integrated missile defense
acquisition strategy for the missile defense of Guam.
(3) Ensuring the military service and Defense agency
component budgets are appropriate for the strategy described
in paragraph (2).
(4) Siting the integrated missile defense system described
in paragraph (2).
(5) Overseeing long-term acquisition and sustainment of the
missile defense system for Guam.
(6) Such other duties as the Secretary considers
appropriate.
(c) Program Treatment.--The integrated missile defense
system referred to in subsection (b) shall be designated as
special interest acquisition category 1D program and shall be
managed as consistent with Department of Defense Instruction
5000.85 ``Major Capability Acquisition``.
(d) Report.--Concurrent with the submittal of each budget
of the President under section 1105(a) of title 31, United
States Code, the individual designated under subsection (a)
shall submit to the congressional defense committees a report
on the actions taken by the individual to carry out the
duties set forth under subsection (b).
(e) Termination.--Subsections (a) and (d) shall terminate
on the date that is three years after the date on which the
individual designated under subsection (a) determines that
the integrated missile defense system described in subsection
(b)(2) has achieved initial operational capability.
SEC. 1544. MODIFICATION OF PROVISION REQUIRING FUNDING PLAN
FOR NEXT GENERATION INTERCEPTORS FOR MISSILE
DEFENSE OF UNITED STATES HOMELAND.
Section 1668 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended--
(1) in subsection (a)(2), by striking ``at least 20`` and
inserting ``no fewer than 64``;
(2) in subsection (b), by striking ``fiscal year 2023`` and
inserting ``fiscal year 2024``; and
(3) in subsection (c)--
(A) in the matter before paragraph (1)--
(i) by striking ``30 days prior to any`` and inserting ``90
days prior to implementation of a``; and
(ii) by striking ``Director`` and inserting ``Secretary of
Defense``; and
(B) in paragraph (2), by striking ``Director`` and
inserting ``Secretary``.
SEC. 1545. BIANNUAL BRIEFING ON MISSILE DEFENSE AND RELATED
ACTIVITIES.
(a) In General.--On or about June 1 and December 1 of each
calendar year, the officials specified in subsection (b)
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on matters relating to
missile defense policies, operations, technology development,
and other similar topics as requested by such committees.
(b) Officials Specified.--The officials specified in this
subsection are the following:
(1) The Assistant Secretary of Defense for Acquisition.
(2) The Assistant Secretary of Defense for Space Policy.
(3) The Director of the Missile Defense Agency.
(4) The Director for Strategy, Plans, and Policy (J5) of
the Joint Staff.
(c) Delegation.--An official specified in subsection (b)
may delegate the authority to provide a briefing required by
subsection (a) to any employee of such official who is a
member of the Senior Executive Service.
(d) Termination.--This section terminates on January 1,
2028.
SEC. 1546. IMPROVING ACQUISITION ACCOUNTABILITY REPORTS ON
THE BALLISTIC MISSILE DEFENSE SYSTEM.
Section 225 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(C), by striking ``and flight`` and
inserting ``, flight, and cybersecurity``;
(B) in paragraph (2), by striking subparagraph (C) and
inserting the following new subparagraph (C):
``(C) how the proposed capability satisfies a capability
requirement or performance attribute identified through--
``(i) the missile defense warfighter involvement process,
as governed by United States Strategic Command Instruction
538-03 or the document that amends or replaces it; or
``(ii) processes and products approved by the Joint Chiefs
of Staff or Joint Requirements Oversight Council;``;
(C) in paragraph (3)--
(i) in subparagraph (C), by striking ``; and`` and
inserting a semicolon;
(ii) in subparagraph (D), by striking the period at the end
and inserting ``; and``; and
(iii) by adding at the end the following new subparagraph:
``(E) an explanation for why a program joint cost analysis
requirements description has not been prepared and approved,
and, if a program joint cost analysis requirements
description is not applicable, the rationale.``;
(2) in subsection (c)(2)--
(A) in subparagraph (B)(ii)--
(i) in subclause (I)--
(I) by striking ``initial`` and inserting ``original``; and
(II) by striking ``; and`` and inserting a semicolon;
(ii) in subclause (II), by striking the period at the
ending and inserting ``; and``; and
(iii) by adding at the end the following new subclause:
``(III) the most recent adjusted or revised acquisition
baseline for such program element or major subprogram under
subsection (d).``; and
(B) by adding at the end the following new subparagraph:
``(C)(i) In this paragraph, the term `original acquisition
baseline` means the first acquisition baseline created.
``(ii) An original acquisition baseline has no previous
iterations; it has not been adjusted or revised.
``(iii) Any acquisition baselines resulting from
adjustments or revisions to the original acquisition baseline
shall not be considered the original acquisition baseline for
the purposes of reporting under this section.
``(iv) Any acquisition baseline adjusted or revised
pursuant to subsection (d) shall not be considered an
original acquisition baseline.``;
(3) in subsection (e)--
(A) in paragraph (1), by striking ``; and`` and inserting a
semicolon;
(B) by paragraph (2), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(3) the amount of operations and sustainment costs
(dollar value and base year) for which the military
department or other Department entity is responsible; and
``(4)(A) a citation to the source (such as a joint cost
estimate or one or more military department estimates) that
captures the operations and sustainment costs for which a
military department or other Department entity is
responsible;
``(B) the date the source was prepared; and
``(C) if and when the source was independently verified by
the Office for Cost Assessment and Program Evaluation.``; and
(4) by adding at the end the following new subsections:
``(f) Total System Costs.--(1) The Director shall identify
the total system costs for each element that comprises the
missile defense system, without regard to funding source or
management control (such as the Missile Defense Agency, a
military department, or other Department entity), in annual
reports submitted under subsection (c).
``(2) The elements referred to in paragraph (1) shall
include the following:
``(A) Research and development.
``(B) Procurement.
``(C) Military construction.
``(D) Operations and sustainment.
``(E) Disposal.
``(3) In this subsection, the term `total system costs`
means all combined costs from closed, canceled, and active
acquisition baselines, as well as any costs shifted to or a
part
[[Page S6149]]
of future efforts without an established acquisition
baseline, and any costs under the responsibility of a
military department or other Department entity.``.
SEC. 1547. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2023 for
procurement, Defense-wide, and available for the Missile
Defense Agency, not more than $80,000,000 may be provided to
the Government of Israel to procure components for the Iron
Dome short-range rocket defense system through co-production
of such components in the United States by industry of the
United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be
available subject to the terms and conditions in the
Agreement Between the Department of Defense of the United
States of America and the Ministry of Defense of the State of
Israel Concerning Iron Dome Defense System Procurement,
signed on March 5, 2014, as amended to include co-production
for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the
implementation of such agreement; and
(iii) for system improvements resulting in modified Iron
Dome components and Tamir interceptor sub-components, a
certification that the Government of Israel has demonstrated
successful completion of Production Readiness Reviews,
including the validation of production lines, the
verification of component conformance, and the verification
of performance to specification as defined in the Iron Dome
Defense System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David`s
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2023 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $40,000,000 may be provided to
the Government of Israel to procure the David`s Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States
industry for the David`s Sling Weapon System is not less than
50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and Production Readiness
Reviews required by the research, development, and technology
agreement and the bilateral co-production agreement for the
David`s Sling Weapon System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2023 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $80,000,000 may be provided to
the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for co-production of parts and
components in the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and Production Readiness Reviews required by the
research, development, and technology agreement for the Arrow
3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of co-
production of parts and components on the basis of the
greatest practicable co-production of parts, components, and
all-up rounds (if appropriate) by United States industry and
minimizes nonrecurring engineering and facilitization
expenses to the costs needed for co-production;
(ii) complete transparency on the requirement of Israel for
the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts and
components and procurement;
(iv) a joint affordability working group to consider cost
reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David`s Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification
under subsection (c)(2) no later than 30 days before the
funds specified in paragraph (1) of subsections (b) and (c)
for the respective system covered by the certification are
provided to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees``
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1548. MAKING PERMANENT PROHIBITIONS RELATING TO MISSILE
DEFENSE INFORMATION AND SYSTEMS.
Section 130h of title 10, United States Code, is amended by
striking subsection (e).
SEC. 1549. LIMITATION ON USE OF FUNDS UNTIL MISSILE DEFENSE
DESIGNATIONS HAVE BEEN MADE.
Of the funds authorized to be appropriated by this Act for
fiscal year 2023 for operation and maintenance, Defense-wide,
and available for the Office of the Secretary of Defense, not
more than 90 percent may be obligated or expended until the
date on which the Secretary 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.
Subtitle D--Other Matters
SEC. 1551. INTEGRATION OF ELECTRONIC WARFARE INTO TIER 1 AND
TIER 2 JOINT TRAINING EXERCISES.
(a) In General.--During fiscal years 2023 through 2027, the
Chairman of the Joint Chiefs of Staff shall require that
offensive and defensive electronic warfare capabilities be
integrated into Tier 1 and Tier 2 joint training exercises.
(b) Requirement to Include Opposing Force.--The Chairman
shall require exercises conducted under subsection (a) to
include an opposing force design based on a current
intelligence assessment of the electronic warfare order of
battle and capabilities of an adversary.
(c) Waiver.--The Chairman may waive the requirement under
subsection (a) with respect to an exercise if the Chairman
determines that--
(1) the exercise does not require--
(A) a demonstration of electronic warfare capabilities; or
(B) a militarily significant threat from electronic warfare
attack; or
(2) the integration of offensive and defensive electronic
warfare capabilities into the exercise is cost prohibitive or
not technically feasible based on the overall goals of the
exercise.
(d) Briefing Required.--Concurrent with the submission of
the budget of the President to Congress pursuant to section
1105(a) of title 31, United States Code, for fiscal years
2023 through 2027, the Chairman shall provide to the
congressional defense committees a briefing on exercises
conducted under subsection (a) that includes--
(1) a description of such exercises planned and included in
the budget submission for that fiscal year; and
(2) the results of each such exercise conducted in the
preceding fiscal year, including--
(A) the extent to which offensive and defensive electronic
warfare capabilities were integrated into the exercise;
(B) an evaluation and assessment of the exercise to
determine the impact of the adversary on the participants in
the exercise, including--
(i) joint lessons learned;
(ii) high interest training issues; and
(iii) high interest training requirements; and
(C) whether offensive and defense electronic warfare
capabilities were part of an overall joint fires and, if so,
a description of how.
[[Page S6150]]
(e) Definitions.--In this section:
(1) Joint fires.--The term ``joint fires`` has the meaning
of that term as used in the publication of the Joint Staff
entitled, ``Insights and Best Practices Focus Paper on
Integration and Synchronization of Joint Fires``, and dated
July 2018.
(2) Tier 1; tier 2.--The term ``Tier 1`` and ``Tier 2``,
with respect to joint training exercises, have the meanings
given those terms in the Joint Training Manual for the Armed
Forces of the United States (Document No. CJCSM 3500.03E),
dated April 20, 2015.
SEC. 1552. RESPONSIBILITIES AND FUNCTIONS RELATING TO
ELECTROMAGNETIC SPECTRUM OPERATIONS.
Section 1053(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 113 note), as amended by section 907 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81), is further amended--
(1) by striking paragraphs (1) and (2);
(2) by inserting the following new paragraph (1):
``(1) Report required.--(A) Not later than March 31, 2023,
the Secretary of Defense shall submit to the congressional
defense committees a report on the appropriate alignment of
electromagnetic spectrum operations responsibilities and
functions.
``(B) Considerations.--In developing the report required by
subparagraph (A), the Secretary shall consider the following:
``(i) All appropriate entities that are in effect,
including elements of the Joint Staff, the functional and
geographic combatant commands, the offices and agencies of
the Department of Defense, and other organizations and the
establishment of a new entity for electromagnetic spectrum
operations within any of the entities currently in effect.
``(ii) Whether electromagnetic spectrum operations
organization should have unitary structure or hybrid
structure (in which operational and capability development
and direction are headed by separate organizations).
``(C) The resources required to fulfill the specified
responsibilities and functions.``;
(3) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively; and
(4) in the subsection heading, by inserting ``Reports and
Plans Concerning`` before ``Transfer``.
SEC. 1553. EXTENSION OF AUTHORIZATION FOR PROTECTION OF
CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
Section 130I(i) of title 10, United States Code, is amended
by striking ``2023`` both places it appears and inserting
``2026``.
SEC. 1554. DEPARTMENT OF DEFENSE SUPPORT FOR REQUIREMENTS OF
THE WHITE HOUSE MILITARY OFFICE.
(a) Membership on Council on Oversight of the National
Leadership Command, Control, and Communications System.--
Section 171a(b) of title 10, United States Code, is amended
by--
(1) redesignating paragraph (7) as paragraph (8); and
(2) inserting after paragraph (6) the following new
paragraph (7):
``(7) The Director of the White House Military Office.``.
(b) Acquisition Portfolio Manager.--The Secretary of
Defense, acting through the Under Secretary of Defense for
Acquisition and Sustainment, shall designate a senior
official to oversee, coordinate, and advocate for the
portfolio of Department of Defense acquisitions in support of
requirements of the White House Military Office.
(c) Accessibility of Information.--The programmatic and
budgetary information required to assess the efficacy of
Department of Defense acquisitions supporting requirements of
the White House Military Office shall be provided to the
senior official designated under subsection (b) by the
following officials:
(1) The Secretary of each military department.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and
Engineering.
(4) The Chairman of the Joint Chiefs of Staff.
(5) The Director of Cost Assessment and Program Evaluation.
(d) Annual Briefing.--Not later than 30 days after the date
on which the President submits to Congress a budget for each
of fiscal years 2024 through 2027 pursuant to section 1105(a)
of title 31, United States Code, the Under Secretary of
Defense for Acquisition and Sustainment and the Director of
the White House Military Office shall jointly brief the
congressional defense committees on acquisition programs,
plans, and other activities supporting the requirements of
the White House Military Office.
TITLE XVI--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Relating to Cyber Operations and Cyber Forces
SEC. 1601. ANNUAL ASSESSMENTS AND REPORTS ON ASSIGNMENT OF
CERTAIN BUDGET CONTROL RESPONSIBILITY TO
COMMANDER OF UNITED STATES CYBER COMMAND.
(a) Annual Assessments.--
(1) In general.--In fiscal year 2023 and not less
frequently than once each fiscal year thereafter through
fiscal year 2028, the Commander of United States Cyber
Command, in coordination with the Principal Cyber Advisor of
the Department of Defense, shall assess the implementation of
the transition of responsibilities assigned to the Commander
by section 1507(a)(1) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81).
(2) Elements.--Each assessment carried out under paragraph
(1) shall include the following:
(A) Assessment of the operational and organizational effect
of the transition on the training, equipping, operation,
sustainment, and readiness of the Cyber Mission Forces.
(B) Development of a description of the cyber systems,
activities, capabilities, resources, and functions that have
been transferred from the military departments to control of
the Commander and those that have not been transitioned.
(C) Formulation of an opinion by the Commander as to
whether the cyber systems, activities, capabilities,
resources, and functions that have not been transitioned
should be transitioned.
(D) Assessment of the adequacy of resources, authorities,
and policies required to implement the transition, including
organizational, functional, and personnel matters.
(E) Assessment of reliance on resources, authorities,
policies, or personnel external to United States Cyber
Command in support of the budget control of the Commander.
(F) Identification of any outstanding areas for transition.
(G) Such other matters as the Commander considers
appropriate.
(b) Annual Reports.--For each fiscal year in which the
Commander conducted an assessment under subsection (a)(1),
the Commander shall, not later than 90 days after the end of
such fiscal year, submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a report on the findings of the
Commander with respect to such assessment.
SEC. 1602. ALIGNMENT OF DEPARTMENT OF DEFENSE CYBER
INTERNATIONAL STRATEGY WITH NATIONAL DEFENSE
STRATEGY AND DEPARTMENT OF DEFENSE CYBER
STRATEGY.
(a) Alignment Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, acting through the Under Secretary of Defense for
Policy and in coordination with the Commander of United
States Cyber Command, the Director of the Joint Staff J5, and
the commanders of geographic combatant commands, 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.
(b) Elements.--The alignment efforts required by subsection
(a) shall include the following efforts within the Department
of Defense:
(1) Efforts to build the Department`s internal capacity to
support international strategy policy engagements with allies
and partners.
(2) Efforts to coordinate and align cyberspace operations
with foreign partners, including alignment between hunt
forward missions and other cyber international strategy
activities conducted by the Department, including
identification of processes, working groups, and methods to
facilitate coordination between geographic combatant commands
and United States Cyber Command.
(3) Efforts to deliberately cultivate operational and
intelligence-sharing partnerships with key allies and
partners to advance the cyberspace operations objectives of
the Department.
(4) Efforts to identify key allied and partner networks,
infrastructure, and systems that the Joint Force will rely
upon for warfighting and to--
(A) support the cybersecurity and cyber defense of those
networks, infrastructure, and systems;
(B) build partner capacity to actively defend those
networks, infrastructure, and systems;
(C) eradicate malicious cyber activity that has compromised
those networks, infrastructure, and systems, such as when
identified through hunt forward operations; and
(D) leverage United States commercial and military
cybersecurity technology and services to harden and defend
those networks, infrastructure, and systems.
(5) Efforts to secure United States mission partner
environments and networks used to hold United States origin
intelligence and information.
(6) Prioritization schemas, funding requirements, and
efficacy metrics to drive cyberspace security investments in
the tools, technologies, and capacity-building efforts that
will have the greatest positive impact on the ability of the
Department`s resilience and ability to execute its
operational plans and achieve integrated deterrence.
(c) Organization.--The Under Secretary of Defense for
Policy shall lead efforts to implement this section. In doing
so, the Under Secretary shall consult with the Secretary of
State, the National Cyber Director, the Director of
Cybersecurity and Infrastructure Security Agency, and the
Director of the Federal Bureau of Investigation, to align
plans and programs as appropriate.
(d) Annual Briefings.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act
[[Page S6151]]
and not less frequently than once each fiscal year until
September 30, 2025, the Under Secretary of Defense for Policy
shall provide to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives annual briefings on the implementation of
this section.
(2) Contents.--The briefing required by paragraph (1) shall
include the following:
(A) An overview of efforts undertaken pursuant to this
section.
(B) An accounting of all the Department`s security
cooperation activities germane to cyberspace and changes made
pursuant to implementation of this section.
(C) A detailed schedule with target milestones and required
expenditures for all planned activities related to the
efforts described in subsection (b).
(D) Interim and final metrics for building the cyberspace
security cooperation enterprise of the Department.
(E) Identification of such additional funding, authorities,
and policies, as the Under Secretary determines may be
required.
(F) Such recommendations as the Under Secretary may have
for legislative action to improve the effectiveness of
cyberspace security cooperation of the Department with
foreign partners and allies.
(e) Annual Report.--Not later than 90 days after the date
of the enactment of this Act and not less frequently than
once each year thereafter until January 1, 2025, the Under
Secretary of Defense for Policy shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives an annual report
summarizing the cyber international strategy activities of
the Department, including within the cybersecurity
cooperation enterprise of the Department and the cyber
operational partnerships of the Department.
SEC. 1603. CORRECTING CYBER MISSION FORCE READINESS
SHORTFALLS.
(a) Plan and Briefing Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff shall
jointly--
(1) develop a plan to correct readiness shortfalls in the
Cyber Mission Forces;
(2) develop recommendations for such legislative action as
the Secretary and the Chairman jointly consider appropriate
to correct the readiness shortfalls described in paragraph
(1); and
(3) provide the congressional defense committees a briefing
on the plan developed under paragraph (1) and the
recommendations developed under paragraph (2).
(b) Implementation.--Not later than 30 days after the date
of the briefing provided under paragraph (3) of subsection
(a), the Secretary and the Chairman shall commence
implementation of the aspects of the plan developed under
paragraph (1) of such subsection that are not dependent upon
legislative action.
(c) Matters to Be Addressed.--In developing the plan, the
Secretary and the Chairman shall consider and explicitly
address through analysis the following potential courses of
action, singly and in combination, to increase the
availability of personnel in key work roles:
(1) Determining the correct number of personnel necessary
to fill key work roles, including the proper force mix of
civilian, military, and contractor personnel, and the means
necessary to meet those requirements.
(2) Employing civilians rather than military personnel in
key work roles.
(3) Expanding training capacity.
(4) Modifying or creating new training models.
(5) Maximizing use of compensation and incentive
authorities, including increasing bonuses and special pays,
and alternative compensation mechanisms.
(6) Modifying career paths and service policies to permit
consecutive assignments in key work roles without
jeopardizing promotion opportunities.
(7) Increasing service commitments following training
commensurate with the value of the key work role training.
(8) Standardizing compensation models across the services.
(9) Requiring multiple rotations within the Cyber Mission
Forces for key work roles.
(10) Adopting and implementing what are known as ``rank in
person`` policies that enable civilian personnel to be
promoted on the basis of skills and abilities demonstrated in
a given position.
(d) Key Work Roles Defined.--In this section, the term
``key work roles`` means work roles that consist of access
development, tool development, and exploitation analysis.
SEC. 1604. CYBERSECURITY COOPERATION TRAINING AT JOINT
MILITARY ATTACHE SCHOOL.
(a) Refining and Expanding Training.--Not later than 270
days after the date of the enactment of this Act, the Under
Secretary of Defense for Intelligence and Security shall, in
coordination with the Commander of United States Cyber
Command and the Under Secretary of Defense for Policy, refine
and expand current cybersecurity cooperation training at the
Joint Military Attache School.
(b) Elements.--The cybersecurity cooperation training
developed under subsection (a) shall include the following:
(1) An overview of the different purposes of cyberspace
engagements with partners and allies, including threat
awareness, cybersecurity, mission assurance, and operations.
(2) An overview of the types of cybersecurity cooperation
available for partners and allies of the United States,
including bilateral and multilateral cyberspace engagements,
information and intelligence sharing, training, and
exercises.
(3) An overview of the United States Cyber Command
cyberspace operations with partners, including an overview of
the Hunt Forward mission and process.
(4) Description of roles and responsibilities of United
States Cyber Command, the geographic combatant commands, and
the Defense Security Cooperation Agency for cybersecurity
cooperation within the Department of Defense.
(5) Such other matters as the Under Secretary of Defense
for Intelligence and Security, in coordination with the Under
Secretary of Defense for Policy and the Commander of United
States Cyber Command, consider appropriate.
(c) Requirements.--The training developed under subsection
(a) shall be a required element for all participants in the
Attache Training Program and the Attache Staff Training
Program of the Joint Military Attache School.
(d) Briefing.--Not later than 30 days after completing
development of the training under subsection (a), the Under
Secretary of Defense for Intelligence and Security shall, in
coordination with the Commander of United States Cyber
Command and the Under Secretary of Defense for Policy,
provide a briefing to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives on the training and the timeline for
implementation within the program specified in subsection
(c). Such briefing shall also include a plan for future
updates and sustainment of the training developed in
subsection (a).
SEC. 1605. STRATEGY, FORCE, AND CAPABILITY DEVELOPMENT FOR
CYBER EFFECTS AND SECURITY IN SUPPORT OF
OPERATIONAL FORCES.
(a) Strategy Required.--
(1) In general.--The Deputy Secretary of Defense shall, in
coordination with the Vice Chairman of the Joint Chiefs of
Staff and in consultation with the Director of National
Intelligence, develop a strategy for converged cyber and
electronic warfare conducted by and through deployed military
and intelligence assets operating in the radiofrequency
domain to provide strategic, operational, and tactical
effects in support of combatant commanders.
(2) Means.--The strategy developed under paragraph (1)
shall specify means for supporting the strategy that include
apertures and emitters that are space-based, airborne,
ground-based, and sea-based.
(3) Targets.--The strategy developed under paragraph (1)
may specify targets of the strategy that include the range of
electronic systems embedded in adversary space-based,
airborne, ground-based, and maritime forces.
(4) Access to information.--In developing the strategy
required by paragraph (1), the Deputy Secretary shall ensure
that the strategy development team has access to all relevant
programs, activities, and capabilities ongoing within the
Department of Defense, including special access programs and
other compartmented access programs.
(b) Recommendations for Deconfliction and Coordination.--
The Vice Chairman shall, in consultation with the geographic
combatant commanders, the Commander of United States Cyber
Command, and the Commander of Strategic Command, submit to
the Deputy Secretary and the Chairman of the Joint Chiefs of
Staff recommendations regarding command and control,
deconfliction, and coordination relationships and processes
between combatant commanders and the Commander of United
States Cyber Command regarding tactical cyber operations and
converged cyber and electronic warfare operations conducted
prior to and during armed conflict.
(c) Requirements for Service Retained Cyber Forces.--In
parallel and in coordination with the development of the
strategy under subsection (a), the Deputy Secretary and the
Vice Chairman shall develop requirements for service-retained
tactical cyber forces for offensive and defensive cyber
missions--
(1) to defend deployed information technology and
operational technology networks, intelligence systems,
command and control nodes, tactical data networks, and weapon
platforms and systems;
(2) to conduct offensive actions to achieve effects against
adversary weapons systems, platforms, sensor systems, and
tactical and operational command and control networks and
communications systems; and
(3) to develop the intelligence requirements, strategy, and
requisite data flows to support converged cyber and
electronic warfare operations.
(d) Capability Development and Transition Processes.--The
Deputy Secretary shall identify, designate, and create
organizational constructs and processes to continuously
generate and deliver cyber and converged cyber and electronic
warfare capabilities into the Cyber Mission Forces, service-
retained cyber forces, and other appropriate platforms and
systems that can--
(1) achieve effects against adversary weapons systems,
sensor systems, and tactical and operational command and
control networks and communications systems; and
(2) enhance the cybersecurity of deployed information
technology and operational
[[Page S6152]]
technology networks, and weapon platforms and systems
operating in or from space, air, ground, and maritime
domains.
(e) Briefing Required.--Not later than one year after the
date of the enactment of this Act, the Deputy Secretary shall
brief the congressional defense committees and the
congressional intelligence committees (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003)) on
the status of the implementation of this section.
SEC. 1606. TOTAL FORCE GENERATION FOR THE CYBERSPACE
OPERATIONS FORCES.
(a) Study.--
(1) In general.--Not later than June 1, 2024, the Secretary
of Defense shall complete a study on the responsibilities of
the military services for organizing, training, and
presenting the total force to United States Cyber Command.
(2) Elements.--The study required by paragraph (1) shall
assess the following:
(A) Which military services should organize, train, and
equip civilian assets and military Cyberspace Operations
Forces for assignment, allocation, and apportionment to
United States Cyber Command.
(B) Sufficiency of the military service accession and
training model to provide forces to the Cyberspace Operations
Forces, as well as the sufficiency of the accessions and
personnel resourcing of the supporting command and control
staffs necessary as a component to United States Cyber
Command.
(C) The organization of the Cyberspace Operations Forces
and whether the total forces or elements of the forces
function best as a collection of independent teams or through
a different model.
(D) Under-represented work roles or skills within the
Cyberspace Operations Forces, including additional work roles
or skills required to enable infrastructure management and
access generation.
(E) What unique or training-intensive expertise is required
for each of these work roles and whether native talents to
master unique and training-intensive work roles can be
identified and how personnel with those talents can be
developed, retained, and employed across the active and
reserve components.
(F) The appropriate pay scales, rotation or force
management policies, career paths and progression, expertise-
based grading, talent management practices, and training for
each of those work roles, given expected operational
requirements.
(G) Whether a single military service should be responsible
for basic, intermediate, and advanced training for the
Cyberspace Operations Forces, or at a minimum for the Cyber
Mission Force.
(H) The level of training required before an individual
should be assigned, allocated, or apportioned to United
States Cyber Command.
(I) Whether or how the duties of the Director of the
National Security Agency and the duties of Commander of
United States Cyber Command, resting with a single
individual, enable each respective organization, and whether
technical directors and intelligence experts of the National
Security Agency should serve rotations in the Cyberspace
Operations Forces.
(J) How nonmilitary personnel, such as civilian government
employees, contracted experts, commercial partners, and
domain or technology-specific experts in industry or the
intelligence community can augment or support Cyber Mission
Force teams.
(K) What work roles in the Cyberspace Operations Forces can
only be filled by military personnel, which work roles can be
filled by civilian employees or contractors, and which work
roles should be filled partially or fully by civilians due to
the need for longevity of service to achieve required skill
levels or retention rates.
(L) How specialized cyber experience, developed and
maintained in the reserve component, can be more effectively
leveraged to support the Cyberspace Operations Forces through
innovative force generation models.
(M) Whether the Department of Defense should create a
separate service to organize, train, and equip the Cyberspace
Operations Forces or at a minimum the Cyber Mission Force.
(N) What resources, including billets, are required to
account for any recommended changes.
(O) What resources the Commander of United States Cyber
Command should be responsible for with respect to planning,
programming, and budgeting as part of the implementation of
section 1507 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81).
(P) Whether the Department of Defense is maximizing
partnerships with industry and other nontraditional sources
of expertise in the areas of critical infrastructure
protection and information sharing.
(Q) Whether the Defense Readiness Reporting System of the
Department of Defense is sufficient to capture Cyberspace
Mission Force readiness metrics.
(3) Considerations.--The study required by paragraph (1)
shall consider existing models for total force generation
practices and programs, as well as nontraditional and
creative alternatives.
(b) Recommendation.--
(1) In general.--Not later than June 1, 2024, the Principal
Cyber Advisor and the Commander of United States Cyber
Command shall, jointly or separately as they consider
appropriate, submit to the Secretary of Defense a
recommendation or recommendations, respectively, as to the
future total force generation model for the Cyberspace
Operations Forces.
(2) Matters addressed.--The recommendation or
recommendations submitted under paragraph (1) shall address,
at a minimum, each of the elements identified in subsection
(a)(2).
(c) Establishment of a New or Revised Model Required.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Defense shall establish a new or revised total
force generation model for the Cyberspace Operations Forces.
(2) Elements.--In establishing a new total force generation
model or revising a total force generation model under
paragraph (1), the Secretary shall explicitly determine the
following:
(A) Whether the Navy should no longer be responsible for
developing and presenting forces to the United States Cyber
Command as part of the Cyber Mission Force or Cyberspace
Operations Forces, including recommendations for
corresponding transfer of responsibilities and associated
resources and personnel for the existing and future year
programmed Cyberspace Operations Forces or Cyber Mission
Force resources.
(B) Whether a single military service should be responsible
for organizing, training, and equipping the Cyberspace
Operations Forces, or if different services should be
responsible for different components of the Cyberspace
Operations Forces.
(C) Whether modification of United States Cyber Command
enhanced budget control authorities are necessary to further
improve total force generation for Cyberspace Operations
Forces.
(D) Implications of low service retention rates for
critical roles within the Cyberspace Operations Forces,
specifically addressing Cyber Mission Force rotations, length
of service commitments, repeat tours within the Cyber Mission
Force, retention incentives across the entire Cyberspace
Operations Forces, and best practices for generating the
future force.
(d) Implementation Plan.--Not later than June 1, 2025, the
Secretary shall submit to the congressional defense
committees an implementation plan for effecting the total
force generation model established or revised under
subsection (c).
(e) Progress Briefing.--Not later than 90 days after the
date of the enactment of this Act and not less frequently
than once every 180 days thereafter until receipt of the plan
required by subsection (d), the Secretary shall provide the
congressional defense committees with a briefing on the
progress made in carrying out this section.
(f) Additional Considerations.--The Secretary shall ensure
that subsections (a) through (c) are carried out with
consideration to matters relating to the following:
(1) The cybersecurity service providers, local defenders,
and information technology personnel who own, operate, and
defend the information networks of the Department of Defense.
(2) Equipping the Cyberspace Operations Forces to include
infrastructure management.
(3) Providing intelligence support to the Cyberspace
Operations Forces.
(4) The resources, including billets, needed to account for
any recommended changes.
SEC. 1607. MANAGEMENT AND OVERSIGHT OF JOINT CYBER
WARFIGHTING ARCHITECTURE.
(a) Establishment of Program Executive Office.--The Deputy
Secretary of Defense shall, in consultation with the Under
Secretary of Defense for Acquisition and Sustainment and the
Commander of United States Cyber Command, establish a program
executive office (in this section referred to as the
``Office``) to manage and provide oversight of the
implementation and integration of the Joint Cyber Warfighting
Architecture (in this section referred to as the
``Architecture``) and the components of the Architecture.
(b) Independence of Office.--
(1) In general.--The Deputy Secretary shall establish the
Office outside of a military service.
(2) Head of office.--The Deputy Secretary shall appoint the
head of the Office and the head of the Office shall report to
the Under Secretary and the Commander.
(c) Chief Architect and Systems Engineer.--The Deputy
Secretary shall ensure that the Office includes a chief
architect and a systems engineer to provide the management
and oversight described in subsection (a).
(d) Appointment of Experts.--The Deputy Secretary shall
appoint to the Office personnel from organizations with
relevant and high levels of technical and operational
expertise, including the following:
(1) The Capabilities Directorate of the National Security
Agency.
(2) The Information Innovation Office of the Defense
Advanced Research Projects Agency.
(3) The Strategic Capabilities Office.
(4) The Cyber Capabilities Support Office of the Air Force.
(5) The Air Force Research Laboratory.
(6) The Office of Special Projects in the Navy.
(7) The operational units of the Cyber National Mission
Force and cyber components of the military services.
(e) Budget Execution Control.--The head of the Office shall
exercise budget execution
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control over component programs of the Architecture that are
subject to the responsibilities assigned to the Commander by
section 1507 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 167b note).
(f) Compliance With Direction.--The program managers of the
components of the Architecture shall comply with direction
from the head of the Office, without intermediary
communications from the Commander or the Under Secretary to
the senior acquisition executive of the relevant military
service.
(g) Coordination.--The Director of the Defense Advanced
Research Projects Agency shall coordinate closely with the
head of the Office in planning and executing the
Constellation program via transactions under section 4021 of
title 10, United States Code, between the Agency and the
companies executing the components of the Architecture to
create an effective framework and pipeline system for
transitioning cyber applications for operational use from the
Agency and other sources.
(h) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the head of the Office and
the Director shall jointly provide to the congressional
defense committees a briefing on the status of the
implementation of this section.
(i) Independent Review.--
(1) Agreement.--Not later than 180 days after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall enter into an agreement with an appropriate third-party
to perform the services covered by this subsection.
(2) Independent review and briefing.--(A) Under an
agreement between the Deputy Secretary and an appropriate
third-party, the appropriate third-party shall--
(i) carry out an independent review of the Joint Cyberspace
Warfight Architecture concept, activities, and programs of
record that comprise the Architecture; and
(ii) provide the congressional defense committees a
briefing on the findings of the appropriate third-party with
respect to the independent review conducted under clause (i).
(B) The independent review conducted under subparagraph
(A)(i) shall include an assessment of and recommendations for
improving:
(i) The effectiveness of the system integration and systems
engineering efforts and governance structures of the
Architecture.
(ii) The acquisition model of the activities compromising
the Architecture, including recommendations for expanded use
of Budget Activity 8 (BA-8) authorities.
(iii) The pipeline for rapidly developing and incorporating
new capabilities to respond to the rapidly-evolving cyber
threat environment.
(iv) Such other matters as the Deputy Secretary considers
appropriate.
(3) Appropriate third-party.--For purposes of this
subsection, an appropriate third-party is a person who--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has such expertise and objectivity as the Deputy
Secretary considers appropriate to carry out the independent
review under paragraph (2).
SEC. 1608. 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.
(a) Study.--
(1) In general.--The Principal Cyber Advisor of the
Department of Defense shall conduct a study to determine the
optimal strategy for structuring and manning elements of the
following:
(A) Joint Force Headquarters Cyber Organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations-Integrated Planning Elements.
(D) Joint Cyber Centers.
(2) Elements.--The study conducted under paragraph (1)
shall include assessment of the following:
(A) Operational effects on the military services if each of
the entities listed in subparagraphs (A) through (C) of
paragraph (1) are restructured from organizations that are
service component organizations to joint organizations.
(B) Organizational effects on the military services if the
billets associated with each of the entities listed in
subparagraphs (A) through (C) of paragraph (1) are
transferred to United States Cyber Command and designated as
joint billets for joint qualification purposes.
(C) Operational and organizational effects on the military
services, United States Cyber Command, other combatant
commands, and the Joint Staff if the entities listed in
subparagraphs (A) through (D) of paragraph (1) are realigned,
restructured, or consolidated.
(D) Operational and organizational effects and advisement
of standardizing a minimum set of roles and responsibilities
of the Joint Cyber Centers, or the equivalent entity, of the
combatant commands.
(E) Clarification of the relationship and differentiation
between Cyber Operations-Integrated Planning Elements and
Joint Cyber Centers of the combatant commands.
(F) A description of mission essential tasks for the
entities listed in subparagraphs (A) through (D) of paragraph
(1).
(G) A description of cyber activities in geographic and
functional combatant command campaign plans and resources
aligned to those activities.
(b) Briefings.--Not later than 180 after the date of the
enactment of this Act, and not less frequently than once
every 120 days until March 31, 2024, the Principal Cyber
Advisor shall provide the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing on the status of the study
conducted under subsection (a).
(c) Report.--
(1) In general.--Not later than March 31, 2024, the
Principal Cyber Advisor shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
study conducted under subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall contain the following:
(A) The findings of the Principal Cyber Advisor with
respect to the study conducted under subsection (a).
(B) Details of the operational and organizational effects
assessed under subsection (a)(2).
(C) A plan to carry out the transfer described in
subsection (a)(2)(B) and the associated costs, as
appropriate.
(D) A plan to realign, restructure, or consolidate the
entities listed in subparagraphs (A) through (D) of
subsection (a)(1).
(E) Such other matters as the Principal Cyber Advisor
considers appropriate.
SEC. 1609. ANNUAL BRIEFING ON RELATIONSHIP BETWEEN NATIONAL
SECURITY AGENCY AND UNITED STATES CYBER
COMMAND.
(a) Annual Briefings Required.--Not later than March 1,
2023, and not less frequently than once each year thereafter
until March 1, 2028, the Secretary of Defense shall provide
the congressional defense committees a briefing on the
relationship between the National Security Agency and United
States Cyber Command.
(b) Elements.--Each briefing provided under subsection (a)
shall include an annual assessment of the following:
(1) The resources, authorities, activities, missions,
facilities, and personnel used to conduct the relevant
missions at the National Security Agency as well as the cyber
offense and defense missions of United States Cyber Command.
(2) The processes used to manage risk, balance tradeoffs,
and work with partners to execute operations.
(3) An assessment of the operating environment and the
continuous need to balance tradeoffs to meet mission
necessity and effectiveness.
(4) An assessment of the operational effects resulting from
the relationship between the National Security Agency and
United States Cyber Command, including a list of specific
operations conducted over the previous year that were enabled
by or benefitted from the relationship.
(5) Such other topics as the Director of the National
Security Agency and the Commander of United States Cyber
Command may consider appropriate.
SEC. 1610. REVIEW OF CERTAIN CYBER OPERATIONS PERSONNEL
POLICIES.
(a) Review Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall require the Secretaries of the military departments and
the Commander of United States Cyber Command to complete a
review of, and appropriately update, 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 to monitor the promotions of certain cyber
operations forces and coordinate with the Secretaries
regarding the assignment, retention, training, professional
military education, and special and incentive pays of certain
cyber operations forces.
(b) Elements of Review.--The review and updates to
departmental guidance and processes required under subsection
(a) shall address the respective roles of the military
departments and United States Cyber Command with respect to
the following:
(1) The recruiting, retention, professional military
education, and promotion of certain cyber operations
personnel.
(2) The sharing of personnel data between the military
departments and United States Cyber Command.
(3) Structures, departmental guidance, and processes
developed between the military departments and United States
Special Operations Command with respect to the authority of
the Commander of United States Special Operations Command
described in section 167(e)(2)(J) of title 10, United States
Code, that could be used as a model for United States Cyber
Command.
(4) Such other matters as the Secretary of Defense
determines necessary.
(c) Report Required.--Not later than 90 days after the date
on which the review and the updates required by subsection
(a) are completed, the Secretary of Defense shall submit to
the congressional defense committees a report on the findings
of the Secretaries of the military departments and the
Commander of United States Cyber Command with respect to the
review and the updates made pursuant to such subsection. Such
report shall also include any such recommendations as the
Secretary may have for legislative or administrative action.
[[Page S6154]]
SEC. 1611. MILITARY CYBERSECURITY COOPERATION WITH KINGDOM OF
JORDAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall,
acting through the Under Secretary of Defense for Policy, in
coordination with the Commander of United States Cyber
Command, the Commander of United States Central Command, and
the Secretary of State, seek to engage their counterparts
within the Ministry of Defence of the Kingdom of Jordan for
the purpose of expanding cooperation of military
cybersecurity activities.
(b) Cooperation Efforts.--The efforts to expand cooperation
required by subsection (a) may include the following efforts
between the Department of Defense and the Ministry of Defence
of the Kingdom of Jordan:
(1) Bilateral cybersecurity training activities and
exercises.
(2) Efforts to--
(A) actively defend military networks, infrastructure, and
systems;
(B) eradicate malicious cyber activity that has compromised
those networks, infrastructure, and systems; and
(C) leverage United States commercial and military
cybersecurity technology and services to harden and defend
those networks, infrastructure, and systems.
(3) Establishment of a regional cybersecurity center.
(c) Briefings.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretary of State, provide to the
appropriate committees of Congress a briefing on the
implementation of this section.
(2) Contents.--The briefing required by paragraph (1) shall
include the following:
(A) An overview of efforts undertaken pursuant to this
section.
(B) A description of the feasibility and advisability of
expanding cooperation with the Ministry of Defence of the
Kingdom of Jordan on military cybersecurity.
(C) Identification of any challenges and resources that
need to be addressed so as to expand cooperation with the
Ministry of Defence of the Kingdom of Jordan on military
cybersecurity.
(D) Any other matter the Secretary considers relevant.
(3) Appropriate committees of congress defined.--In this
section, the term ``appropriate committees of Congress``
means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1612. COMMANDER OF THE UNITED STATES CYBER COMMAND.
Section 167b(c) of title 10, United States Code, is amended
(1) by striking ``Grade of Commander.--The commander`` and
inserting ``Commander of Cyber Command.--(1)The commander``;
and
(2) by adding at the end the following new paragraph:
``(2) The commander shall be appointed for a term of four
years, and the President may nominate and appoint the
commander for one additional 4-year term with the advice and
consent of the Senate.``.
SEC. 1613. ASSESSMENT AND REPORT ON SHARING MILITARY CYBER
CAPABILITIES WITH FOREIGN OPERATIONAL PARTNERS.
(a) Assessment Required.--Not later than April 1, 2023, the
Secretary of Defense, with the concurrence of the Secretary
of State, shall conduct an assessment on 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.
(b) Elements.--The assessment conducted under subsection
(a) shall include--
(1) a description of the military requirements of the
Department of Defense for rapid sharing of military cyber
capabilities with foreign partners of the United States in
relevant operational timeframes;
(2) a description of the understanding by the Secretary of
Defense and the Secretary of State of the current legal
framework governing the sharing of military cyber
capabilities of the Department with foreign partners of the
United States for operational use by the foreign partner,
including prohibitions or restrictions on sharing such
military cyber capabilities with foreign partners in relevant
operational timeframes, including under--
(A) the War Powers Resolution (50 U.S.C. 1541 et seq.);
(B) an alliance or treaty with a foreign country or
countries; and
(C) export control laws or security assistance programs;
and
(3) recommendations for legislative action that the
Secretary of Defense and the Secretary of State jointly agree
are necessary to address gaps or misalignment in authorities
that would enhance the sharing of military cyber capabilities
of the Department with foreign operational partners of the
United States.
(c) Report Required.--Not later than April 1, 2023, the
Secretary of Defense, with the concurrence of the Secretary
of State, shall provide the Committee on Armed Services and
the Committee on Foreign Relations of the Senate and the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives a report on the
assessment conducted under subsection (a).
SEC. 1614. REPORT ON PROGRESS IN IMPLEMENTING PILOT PROGRAM
TO ENHANCE CYBERSECURITY AND RESILIENCY OF
CRITICAL INFRASTRUCTURE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of Homeland
Security, submit to Congress a report on the progress made in
implementing the 2018 memorandum of understanding that was
entered into by the Secretaries pursuant to the authority
provided by section 1650(a) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 711 note prec.).
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) A description of the efforts to develop and approve
plans of action and milestones for each line of effort in the
memorandum of understanding described in subsection (a).
(2) A description of the activities executed pursuant to
such memorandum of understanding.
(3) Identification of any impediments that limit the
abilities of the Secretaries to fully implement all lines of
effort in such memorandum of understanding.
SEC. 1615. PROTECTION OF CRITICAL INFRASTRUCTURE.
(a) In General.--In the event that the President determines
that there is an active, systematic, and ongoing campaign of
attacks in cyberspace by a foreign power against the
Government or the critical infrastructure of the United
States, the President may authorize the Secretary of Defense,
acting through the Commander of the United States Cyber
Command, to conduct military cyber activities or operations
pursuant to section 394 of title 10, United States Code, in
foreign cyberspace to deter, safeguard, or defend against
such attacks.
(b) Affirmation of Scope of Cyber Activities or
Operations.--Congress affirms that the cyber activities or
operations referred to in subsection (a), when appropriately
authorized, shall be conducted consistent with section 394 of
title 10, United States Code.
(c) Definition of Critical Infrastructure.--In this
section, the term ``critical infrastructure`` has the meaning
given that term in subsection (e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
Subtitle B--Matters Relating to Department of Defense Cybersecurity and
Information Technology
SEC. 1621. BUDGET DISPLAY FOR CRYPTOGRAPHIC MODERNIZATION
ACTIVITIES FOR CERTAIN SYSTEMS OF THE
DEPARTMENT OF DEFENSE.
(a) Display Required.--Beginning with fiscal year 2024, and
for each fiscal year thereafter, the Secretary of Defense
shall include with the budget justification materials
submitted to Congress in support of the budget of the
Department of Defense for that fiscal year (as submitted with
the budget of the President under section 1105(a) of title
31, United States Code) a consolidated cryptographic
modernization budget justification display for each
Department of Defense system or asset that is protected by
cryptography and subject to certification by the National
Security Agency (in this section, referred to as ``covered
items``).
(b) Elements.--Each display included under subsection (a)
for a fiscal year shall include the following:
(1) Cryptographic modernization activities.--(A) Whether,
in accordance with the schedule established under section
153(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 142 note), the cryptographic modernization for each
covered item is pending, in progress, complete, or pursuant
to paragraph (2) of such section, extended.
(B) The funding required for the covered fiscal year and
for each subsequent fiscal year of the Future Years Defense
Program to complete the pending or in progress cryptographic
modernization by the required replacement date of each
covered item.
(C)(i) A description of deviations between the funding
annually required to complete the modernization prior to the
required replacement date and the funding requested and
planned within the Future Years Defense Program.
(ii) An explanation--
(I) justifying the deviations; and
(II) of whether or how any delays resulting from a
deviation shall be overcome to meet the required replacement
date.
(D) A description of operational or security risks
resulting from each deviation from the modernization schedule
required to meet replacement dates, including a current
intelligence assessment of adversary progress on exploiting
the covered item.
(E) For any covered item that remains in service past its
required replacement date, a description of the number of
times the covered item has been extended and the
circumstances attending each such extension.
(2) Mitigation activities for covered items.--(A) Whether
activities to mitigate the risks associated with projected
failure to replace a covered item by the required replacement
date are planned, in progress, or complete.
(B) The funding required for the covered fiscal year and
for each subsequent fiscal
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year for required mitigation activities to complete any
planned, pending, or in progress mitigation activities for a
covered item.
(C) A description of the activities planned in the covered
fiscal year and each subsequent fiscal year to complete
mitigation activities and an explanation of the efficacy of
the mitigations.
(c) Form.--The display required by subsection (a) shall be
included in unclassified form, but may include a classified
annex.
SEC. 1622. ESTABLISHING PROJECTS FOR DATA MANAGEMENT,
ARTIFICIAL INTELLIGENCE, AND DIGITAL SOLUTIONS.
(a) Establishment of Priority Projects.--The Deputy
Secretary of Defense shall--
(1) establish priority enterprise projects for data
management, artificial intelligence, and digital solutions
for both business efficiency and warfighting capabilities
intended to accelerate decision advantage; and
(2) assign responsibilities for execution and funding of
the projects established under paragraph (1).
(b) Actions Required.--To ensure implementation of the
priority projects of the Deputy Secretary of Defense under
subsection (a), and to instill data science and technology as
a core discipline in the Department of Defense, the Deputy
Secretary shall--
(1) hold the heads of Department components accountable
for--
(A) making their component`s data available for use in
common enterprise data sets in accordance with plans
developed and approved by the head of the component and the
Deputy Secretary;
(B) developing, implementing, and reporting measurable
actions to acquire, preserve, and grow the population of
government and contractor personnel with expertise in data
management, artificial intelligence, and digital solutions;
(C) making their components use data management practices,
analytics processes, computing environments, and operational
test environments that are made available and specifically
approved by the head of the component and the Deputy
Secretary;
(D) identifying and reporting on an annual basis for Deputy
Secretary approval those ongoing programs and activities and
new initiatives within their components to which the
component head determines should be applied advanced
analytics, digital technology, and artificial intelligence;
and
(E) developing and implementing cybersecurity solutions,
including red team assessments, to protect artificial
intelligence systems, data, development processes, and
applications from adversary actions;
(2) require the Chief Digital and Artificial Intelligence
Officer and the heads of Department components to develop and
report on an actionable plan for the Deputy Secretary to
promulgate to reform the technologies, policies, and
processes used to support accreditation and authority to
operate decisions to enable rapid deployment into operational
environments of newly developed government, contractor, and
commercial software;
(3) require the Chief Digital and Artificial Intelligence
Officer and heads of Department components to define and
establish career paths, work roles, and occupational
specialties for civilian and military personnel in the fields
of data management, artificial intelligence, and digital
solutions for the Deputy Secretary`s approval; and
(4) establish a Departmental management reform goal for
adoption and integration artificial intelligence or machine
learning into business and warfighting processes, including
the tracking of metrics, milestones, and initiatives to
measure the progress of the Department in meeting that goal.
(c) Briefings Required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every six months thereafter until December 31,
2025, the Deputy Secretary shall provide to the congressional
defense committees a briefing on directives issued by the
Deputy Secretary to implement the requirements of this
section and the status of implementation actions.
(d) Component Defined.--In this section, the term
``component`` means a military department, a combatant
command, or a defense agency of the Department of Defense.
SEC. 1623. OPERATIONAL TESTING FOR COMMERCIAL CYBERSECURITY
CAPABILITIES.
(a) Requirement.--Subject to subsection (c), the Secretary
of Defense may not operate a commercial cybersecurity
capability on a network of the Department of Defense until
such capability has received a satisfactory determination
from the Director of Operational Test and Evaluation in each
of the following areas:
(1) Operational effectiveness.
(2) Operational suitability.
(3) Cyber survivability.
(b) Assessments.--In determining whether a commercial
cybersecurity capability is satisfactory in each of the areas
set forth under subsection (a), the Director of Operational
Test and Evaluation shall conduct an assessment that includes
consideration of the following:
(1) Threat-realistic operational testing, including
representative environments, variation of operational
conditions, and inclusion of a realistic opposing force.
(2) The use of Department of Defense Cyber Red Teams, as
well as any enabling contract language required to permit
threat-representative Red Team assessments.
(3) Collaboration with the personnel using the commercial
cybersecurity capability regarding the results of the testing
to improve operators` ability to recognize and defend against
cyberattacks.
(4) The extent to which additional resources may be needed
to remediate any shortfalls in capability to make the
commercial cybersecurity capability effective, suitable, and
cyber survivable in an operational environment of the
Department.
(5) Identification of training requirements, and changes to
training, sustainment practices, or concepts of operation or
employment that may be needed to ensure the effectiveness,
suitability, and cyber survivability of the commercial
cybersecurity capability.
(c) Waiver.--
(1) In general.--An acquisition executive of a military
service or a component of the Department may waive the
requirement in subsection (a) for a commercial cybersecurity
capability for the military service or component of the
acquisition executive if the acquisition executive determines
that operational necessity does not allow for time to conduct
an assessment under subsection (b) in a timeframe to meet the
needs of the military service or component.
(2) Period of waiver.--A waiver under paragraph (1) may be
issued for a period of up to three years before a new waiver
is required, or a waiver is otherwise no longer required.
(d) Policies and Regulations.--Not later than February 1,
2024, the Secretary shall issue such policies and guidance
and promulgate such regulations as the Secretary considers
necessary to carry out this section.
(e) Report.--Not later than January 31, 2025, and not less
frequently than once each year thereafter until January 31,
2030, the Director shall include in each annual report
required by section 139(h) of title 10, United States Code,
the status of the determinations required by subsection (a),
including the following:
(1) A summary of such determinations and the associated
assessments under subsection (b).
(2) The number and type of test and evaluation events
completed in the past year for such assessments,
disaggregated by component of the Department, and including
resources devoted to each event.
(3) The results from such test and evaluation events,
including any resource shortfalls affecting the number of
commercial cybersecurity capabilities that could be assessed.
(4) A summary of identified categories of common gaps and
shortfalls found during testing.
(5) The extent to which entities responsible for developing
and testing commercial cybersecurity capabilities have
responded to recommendations made by the Director in an
effort to gain favorable determinations.
(6) Any identified lessons learned that would impact
training, sustainment, or concepts of operation or employment
decisions relating to the assessed commercial cybersecurity
capabilities.
(f) Definition.--In this section, the term ``commercial
cybersecurity capabilities`` means either--
(1) commercial products (as defined in section 103 of title
41, United States Code) acquired and deployed by the
Department of Defense to satisfy the cybersecurity
requirements of one or more Department components; or
(2) commercially available off-the-shelf items (as defined
in section 104 of title 41, United States Code) acquired and
deployed by the Department of Defense to satisfy the
cybersecurity requirements of one or more Department
components.
(g) Effective Date.--This section shall take effect on
February 1, 2024.
SEC. 1624. PLAN FOR COMMERCIAL CLOUD TEST AND EVALUATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with commercial industry, shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a policy
and plan for test and evaluation of the cybersecurity of the
clouds of commercial cloud service providers.
(b) Contents.--The policy and plan submitted under
subsection (a) shall include the following:
(1) A requirement that all future contracts with cloud
service providers include provisions that permit the
Department to conduct independent, threat-realistic
assessments, including penetration testing, of the commercial
cloud infrastructure, including the control plane and
virtualization hypervisor.
(2) An explanation as to how the Department intends to
proceed on amending existing contracts with cloud service
providers to permit the same level of rigorous assessments
that will be required for all future contracts.
(3) Identification and description of any proposed tiered
test and evaluation requirements aligned with different
impact and classification levels.
(c) Waiver Authority.--The policy and plan required under
subsection (a) may provide an authority to waive any
requirements described in subsection (b) conditioned upon the
approval of the Chief Information Officer of the Department
of Defense and the Director of Operational Test and
Evaluation.
[[Page S6156]]
SEC. 1625. REPORT ON RECOMMENDATIONS FROM NAVY CIVILIAN
CAREER PATH STUDY.
(a) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on
the recommendations made in the report submitted to the
congressional defense committees under section 1653(a)(2) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; relating to improving cyber career paths
in the Navy).
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) A description of each recommendation described in such
subsection that has already been implemented.
(B) A description of each recommendation described in such
subsection that the Secretary has commenced implementing,
including a justification for determining to commence
implementing the recommendation.
(C) A description of each recommendation described in such
subsection that the Secretary has not implemented or
commenced implementing and a determination as to whether or
not to implement the recommendation.
(D) For each recommendation under subparagraph (C) that the
Secretary determines to implement, the following:
(i) A timeline for implementation.
(ii) A description of any additional resources or
authorities required for implementation.
(iii) The plan for implementation.
(E) For each recommendation under subparagraph (C) that the
Secretary determines not to implement, a justification for
the determination not to implement.
(3) Format.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(b) Review by Comptroller General of the United States.--
(1) Review.--Not later than 180 days after the date of the
submittal of the report required by subsection (a)(1), the
Comptroller General of the United States shall conduct a
review of such report.
(2) Elements.--The review required by paragraph (1) shall
include an assessment of the following:
(A) The extent to which the Navy has implemented the
recommendations made in the study described in subsection
(a)(1).
(B) Additional recommended actions for the Navy to take to
improve the readiness and retention of their cyber workforce.
(3) Interim briefing.--Not later than 90 days after the
date of the submittal of the report required by subsection
(a)(1), the Comptroller General shall provide to the
congressional defense committees a briefing on the
preliminary findings of the Comptroller General with respect
to the review conducted under paragraph (1).
(4) Final report.--The Comptroller General shall submit to
the congressional defense committees a report on the findings
of the Comptroller General with respect to the review
conducted under paragraph (1) at such time and in such format
as is mutually agreed upon by the committees and the
Comptroller General at the time of the briefing under
paragraph (3).
SEC. 1626. REVIEW OF DEPARTMENT OF DEFENSE IMPLEMENTATION OF
RECOMMENDATIONS FROM DEFENSE SCIENCE BOARD
CYBER REPORT.
(a) Review Required.--
(1) In general.--Not later than March 1, 2023, the
Secretary of Defense shall complete a review of the findings
and recommendations presented in the June 2018 Defense
Science Board report entitled ``Cyber as a Strategic
Capability``.
(2) Elements.--The review completed under paragraph (1)
shall include the following:
(A) Identification of, and description of implementation
for, recommendations that have been implemented by the
Department of Defense.
(B) Identification of recommendations that have not yet
been fully implemented by the Department.
(C) Development of a plan to fully implement the
recommendations identified under subparagraph (B).
(D) Identification of the reasons why the recommendations
identified under subparagraph (B) were not implement.
(E) Identification of such legislative or administrative
action as the Secretary determines necessary to implement the
recommendations identified under subparagraph (B).
(b) Report.--
(1) In general.--Not later than April 1, 2023, the
Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the review completed under
paragraph (1) of subsection (a). In such report, the
Secretary shall disclose the matters identified and developed
under paragraph (2) of such subsection.
(2) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 1627. REQUIREMENT FOR SOFTWARE BILL OF MATERIALS.
(a) Requirement for Software Bill of Materials.--
(1) In general.--The Secretary of Defense shall 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.
(2) Waivers.--The amendment required by paragraph (1) may
provide for waivers that require approval by an official
whose appointment is subject to confirmation by the Senate.
(b) Recommendations to the Secretary.--The Chief
Information Officer, the Under Secretary of Defense for
Acquisition and Sustainment, and the Under Secretary of
Defense for Research and Engineering shall jointly submit to
the Secretary recommendations regarding the content of the
amendment required by subsection (a).
(c) Study Regarding Application to Software Already
Acquired.--
(1) Study required.--The Secretary shall conduct a study of
the feasibility and advisability of acquiring a software bill
of materials for software already acquired by the Department.
(2) Briefing.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall provide the
congressional defense committees a briefing on the findings
of the Secretary with respect to the study conducted under
paragraph (1) and such recommendations as the Secretary may
have with respect to acquiring a software bill of materials
for software already acquired by the Department.
(d) Commercial Software.--Not later than one year after the
date of the enactment of this Act, the Secretary shall, in
consultation with industry, develop an approach for
commercial software in use by the Department and future
acquisitions of commercial software that provides, to the
maximum extent practicable, policies and processes for
operationalizing software bills of materials to enable the
Department to understand promptly the cybersecurity risks to
Department capabilities posed by discoveries of
vulnerabilities and compromises in commercial and open source
software.
(e) Solicitation of Information.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall issue a
request for information from the public and private sectors
regarding technical and procedural options to identify
software deployed in the Department to enable risk
assessments and patching of security vulnerabilities when
such vulnerabilities are discovered in the absence of
reliable bills of materials.
(2) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary shall provide the
congressional defense committees a briefing on the findings
of the Secretary with respect to the solicitation for
information under paragraph (1).
(f) Definition of Software Bill of Materials.--In this
section, the term ``software bill of materials`` means a
complete, formally structured list of components, libraries,
and modules that are required to build, compile, and link a
given piece of software and an identification of the
provenance and supply chain relationships between them.
SEC. 1628. ESTABLISHMENT OF SUPPORT CENTER FOR CONSORTIUM OF
UNIVERSITIES THAT ADVISE SECRETARY OF DEFENSE
ON CYBERSECURITY MATTERS.
Section 1659 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is
amended by adding at the end the following new subsection:
``(f) Support Center.--
``(1) Establishment.--The Secretary shall establish a
center to provide support to the consortium established under
subsection (a).
``(2) Composition.--(A) The center established under
paragraph (1) shall be composed of one or two universities,
as the Secretary considers appropriate, that--
``(i) have been designated as centers of academic
excellence by the Director of the National Security Agency or
the Secretary of Homeland Security; and
``(ii) are eligible for access to classified information.
``(B) The Secretary shall publish in the Federal Register
the process for selection of universities to serve as the
center established under paragraph (1).
``(3) Functions.--The functions of the center established
under paragraph (1) are as follows:
``(A) To promote the consortium established under
subsection (a).
``(B) To distribute on behalf of the Department requests
for information or assistance to members of the consortium.
``(C) To collect and assemble responses from requests
distributed under subparagraph (B).
``(D) To provide additional administrative support for the
consortium, as determined by the National Center of Academic
Excellence in Cybersecurity Program Management Office.``.
SEC. 1629. ROADMAP AND IMPLEMENTATION PLAN FOR CYBER ADOPTION
OF ARTIFICIAL INTELLIGENCE.
(a) Roadmap and Implementation Plan Required.--Not later
than 270 days after the date of the enactment of this Act,
the Commander of United States Cyber Command and the Chief
Information Officer of the Department of Defense, in
coordination with the Chief Digital and Artificial
Intelligence Officer of the Department, the Director of the
Defense Advanced Research Projects
[[Page S6157]]
Agency, the Director of the National Security Agency, and the
Under Secretary of Defense for Research and Engineering,
shall jointly develop a five-year roadmap and implementation
plan for rapidly adopting and acquiring artificial
intelligence systems, applications, and supporting data and
data management processes for the Cyberspace Operations
Forces of the Department of Defense.
(b) Elements.--The roadmap and implementation plan required
by subsection (a) shall include the following:
(1) Identification and prioritization of artificial
intelligence systems, applications, data identification, and
processing to cyber missions within the Department, and
ameliorating threats to, and from, artificial intelligence
systems, including--
(A) advancing the cybersecurity of Department systems with
artificial intelligence;
(B) uses of artificial intelligence for cyber effects
operations;
(C) assessing and mitigating vulnerabilities of artificial
intelligence systems supporting cybersecurity and cyber
operations to attacks; and
(D) defending against adversary artificial intelligence-
based cyber attacks.
(2) A plan to develop, acquire, adopt, and sustain the
artificial intelligence systems, applications, data, and
processing identified in paragraph (1).
(3) Roles and responsibilities for the following for
adopting and acquiring artificial intelligence systems,
applications, and data to cyber missions within the
Department:
(A) The Commander of United States Cyber Command.
(B) The Commander of Joint-Force Headquarters Department of
Defense Information Networks.
(C) The Chief Information Officer of the Department.
(D) The Chief Digital and Artificial Intelligence Officer
of the Department.
(E) The Under Secretary of Defense for Research and
Engineering.
(F) The Secretaries of the military departments.
(G) The Director of the National Security Agency.
(4) Identification of currently deployed, adopted, and
acquired artificial intelligence systems, applications,
ongoing prototypes, and data.
(5) Identification of current capability and skill gaps
that must be addressed prior to the development and adoption
of artificial intelligence applications identified in
paragraph (1).
(6) Identification of opportunities to solicit operator
utility feedback through inclusion into research and
development processes and wargaming or experimentation events
by developing a roadmap for such processes and events, as
well as a formalized process for capturing and tracking
lessons learned from such events to inform the development
community.
(7) Identification of long-term technology gaps for
fulfilling the Department`s cyber warfighter mission to be
addressed by research relating to artificial intelligence by
the science and technology enterprise within the Department.
(8) Definition of a maturity model describing desired cyber
capabilities, agnostic of the enabling technology solutions,
including phases in the maturity model or identified
milestones and clearly identified areas for collaboration
with relevant commercial off the shelf and government off the
shelf developers to address requirements supporting
capability gaps.
(9) Assessment, in partnership with the Director of the
Defense Intelligence Agency, of the threat posed by
adversaries` use of artificial intelligence to the cyberspace
operations and the security of the networks and artificial
intelligence systems of the Department in the next five
years, including a net technical assessment of United States
and adversary activities to apply artificial intelligence to
cyberspace operations, and actions planned to address that
threat.
(10) A detailed schedule with target milestones,
investments, and required expenditures.
(11) Interim and final metrics of adoption of artificial
intelligence for each activity identified in the roadmap.
(12) Identification of such additional funding,
authorities, and policies as the Commander of United States
Cyber Command and the Chief Information Officer jointly
determine may be required.
(13) Such other topics as the Commander and the Chief
Information Officer jointly consider appropriate.
(c) Briefing.--Not later than 30 days after the date on
which the Commander and the Chief Information Officer
complete development of the roadmap and implementation plan
required in subsection (a), the Commander and the Chief
Information Officer shall provide the congressional defense
committees a classified briefing on the roadmap and
implementation plan.
SEC. 1630. DEMONSTRATION PROGRAM FOR CYBER AND INFORMATION
TECHNOLOGY BUDGET DATA ANALYTICS.
(a) Demonstration Program Required.--
(1) In general.--Not later than February 1, 2024, the Chief
Information Officer of the Department of Defense shall, in
coordination with the Chief Digital and Artificial
Intelligence Officer, complete a pilot program to demonstrate
the application of data analytics to the fiscal year 2024
cyber and information technology budget data of a military
service.
(2) Coordination with military services.--In carrying out
the demonstration program required by subsection (a), the
Chief Information Officer shall, in coordination with the
Secretary of the Air Force, the Secretary of the Army, and
the Secretary of the Navy, select a military service for
participation in the demonstration program.
(b) Elements.--The demonstration program shall include--
(1) efforts to determine, execute, and validate in an
auditable manner data curation activities for the cyber and
information technology budget of a military service;
(2) efforts to improve transparency in cyber and
information technology budget information to identify
cybersecurity efforts funded out of noncyber information
technology lines, including qualitative techniques such as
semantic analysis or natural language processing techniques;
(3) metrics developed to assess the effectiveness of the
demonstration program;
(4) a cost tradeoff analysis of implementing data analytics
across the all of the cyber and information technology
budgets of the Department of Defense;
(5) effort to utilize data analytics to make budget trade-
offs; and
(6) efforts to incorporate data analytics into the into the
congressional budget submission process.
(c) Briefing.--
(1) Initial briefing.--Not later than 120 days after the
date of the enactment of this Act, the Chief Information
Officer shall provide the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a brief on the plans and status of the Chief
Information Officer with respect to the demonstration program
required by subsection (a).
(2) Final briefing.--(A) Not later than March 1, 2024, the
Chief Information Officer shall provide the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a briefing on the
results and findings of the Chief Information Officer with
respect to the pilot program required by subsection (a).
(B) The briefing required by subparagraph (A) shall include
the following:
(i) Recommendations for expansion of the demonstration
program to the entire cyber and information technology budget
of the Department.
(ii) Plans for incorporating data analytics into the
congressional budget submission process for the cyber and
information technology budget of the Department.
SEC. 1631. LIMITATION ON AVAILABILITY OF FUNDS FOR OPERATION
AND MAINTENANCE FOR OFFICE OF SECRETARY OF
DEFENSE UNTIL FRAMEWORK TO ENHANCE
CYBERSECURITY OF UNITED STATES DEFENSE
INDUSTRIAL BASE IS COMPLETED.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act for fiscal year 2023 for operation and
maintenance, Defense-wide, and available for the Office of
the Secretary of Defense, not more than 75 percent may be
obligated or expended until the framework required by section
1648 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 2224 note) is
completed and submitted to the congressional defense
committees.
(b) Briefing.--
(1) In general.--Not later than 30 days after the date of
the submittal of the framework in accordance with subsection
(a), the Secretary of Defense shall provide the congressional
defense committees with a briefing on such framework.
(2) Contents.--The briefing required by paragraph (1) shall
include the following:
(A) An overview of the framework submitted in accordance
with subsection (a).
(B) Identification of such pilot programs as the Secretary
considers may be required to improve the cybersecurity of the
defense industrial base.
(C) Implementation timelines and identification of costs.
(D) Such recommendations as the Secretary may have for
legislative action to improve the cybersecurity of the
defense industrial base.
SEC. 1632. ASSESSMENTS OF WEAPONS SYSTEMS VULNERABILITIES TO
RADIO-FREQUENCY ENABLED CYBER ATTACKS.
(a) In General.--The Secretary of Defense shall ensure that
the activities required by and conducted pursuant to section
1647 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1118), section 1637
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 221 note),
and the amendments made by section 1712 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4087) include
regular assessments of the vulnerabilities to and risks
presented by radio-frequency enabled cyber attacks with
respect to the operational technology embedded in weapons
systems, aircraft, ships, ground vehicles, space systems,
sensors, and datalink networks of the Department of Defense.
(b) Elements.--The assessments required under subsection
(a) with respect to vulnerabilities and risks described in
such subsection shall include--
(1) identification of such vulnerabilities and risks;
(2) ranking of vulnerability, severity, and priority;
[[Page S6158]]
(3) development and selection of options, with associated
costs and schedule, to correct such vulnerabilities,
including installation of intrusion detection capabilities;
and
(4) development of integrated risk-based plans to implement
the corrective actions selected.
(c) Development of Corrective Actions.--In developing
corrective actions under subsection (b)(3), the assessments
required under subsection (a) shall address requirements for
deployed members of the Armed Forces to analyze data
collected on the weapons systems and respond to attacks.
(d) Intelligence Informed Assessments.--The assessments
required under subsection (a) shall be informed by
intelligence, if available, and technical judgment regarding
potential threats to embedded operational technology during
operations of the Armed Forces.
(e) Coordination.--
(1) Coordination and integration of activities.--The
assessments required under subsection (a) shall be fully
coordinated and integrated with activities described in such
subsection.
(2) Coordination of organizations.--The Secretary shall
ensure that the organizations conducting the assessments
under subsection (a) in the military departments, the United
States Special Operations Command, and the Defense Agencies
coordinate with each other and share best practices,
vulnerability analyses, and technical solutions.
(f) Briefings.--Not later than one year after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees briefings from the
organizations specified under subsection (e)(2), as
appropriate, on the activities and plans required under this
section.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2023``.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2026.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2026 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the later
of--
(1) October 1, 2022; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal................................. $96,000,000
Alaska...................................... Fort Wainwright.................................. $99,000,000
Colorado.................................... Fort Carson...................................... $14,200,000
Hawaii...................................... Fort Shafter..................................... $33,000,000
Schofield Barracks............................... $111,000,000
Tripler Army Medical Center...................... $27,000,000
Louisiana................................... Fort Polk........................................ $32,000,000
Mississippi................................. Engineer Research and Development Center......... $20,000,000
North Carolina.............................. Fort Bragg....................................... $34,000,000
Pennsylvania................................ Letterkenny Army Depot........................... $38,000,000
Texas....................................... Corpus Christi Army Depot........................ $103,000,000
Fort Bliss....................................... $15,000,000
Washington.................................. Joint Base Lewis-McChord......................... $49,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany..................................... East Camp Grafenwoehr............................ $168,000,000
Japan....................................... Kadena Air Force Base............................ $99,000,000
Kwajalein................................... Kwajalein Atoll.................................. $69,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following
table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Germany.............................. Baumholder............. Family Housing $77,000,000
Replacement
Construction..........
Italy................................ Vicenza................ Family Housing New $95,000,000
Construction..........
----------------------------------------------------------------------------------------------------------------
[[Page S6159]]
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $17,339,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2022, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2104. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2018 PROJECTS.
(a) Kunsan Air Base, Korea .--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization contained in the table in section 2101(b) of
that Act (131 Stat. 1819) for Kunsan Air Base, Korea, shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(2) Modification.--In the case of the authorization
contained in the table in section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2018 (division
B of Public Law 115-91; 131 Stat. 1819) for Kunsan Air Base,
Korea, for construction of an unmanned aerial vehicle hangar
at the installation, the Secretary of the Army may construct
the hangar at Camp Humphries, Korea, and may remove primary
scope associated with the relocation of the Air Defense
Artillery (ADA) Battalion facilities, to include the ground
based missile defense equipment area, fighting positions,
missile resupply area ADA, ready building or command post,
battery command post area, safety shelter, and guard booth.
(b) Kwajalein Atoill, Kwajalein.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization contained in the table in section 2102 of that
Act (131 Stat. 1820) for Kwajalein Atoill, Kwajalein, shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(2) Modification.--Section 2879(a)(1)(A) of the Military
Construction Authorization Act for Fiscal Year 2018 (division
B of Public Law 115-91; 131 Stat. 1874) is amended by
striking ``at least 26 family housing units`` and inserting
``not more than 26 family housing units``.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2019 PROJECT AT CAMP TANGO, KOREA.
In the case of the authorization contained in the table in
section 2101(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232; 132 Stat. 2242) for Camp Tango, Korea, for
construction of a command and control facility at the
installation, the Secretary of the Army may increase scope
for a dedicated, enclosed egress pathway out of the
underground facility to facilitate safe escape in case of
fire.
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Ground Combat Center Twentynine $120,382,000
Palms...........................................
Marine Corps Base Camp Pendleton................. $117,310,000
Marine Corps Recruit Depot San Diego............. $83,200,000
Naval Air Station Lemoore........................ $201,261,000
Naval Base San Diego............................. $132,700,000
Naval Base Point Loma Annex...................... $56,450,000
Naval Surface Warfare Center Corona Division..... $15,000,000
Connecticut................................. Naval Submarine Base New London.................. $15,514,000
Florida..................................... Naval Air Station Jacksonville................... $86,232,000
Naval Air Station Whiting Field.................. $199,289,000
Naval Surface Warfare Center Carderock Division.. $2,073,000
Georgia..................................... Naval Submarine Base Kings Bay................... $279,171,000
Guam........................................ Marine Corps Base Camp Blaz...................... $330,589,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................... $3,754,192,000
Marine Corps Base Kaneohe Bay.................... $87,900,000
Maryland.................................... Naval Surface Warfare Center Indian Head Division $8,039,000
Michigan.................................... Marine Forces Reserve Battle Creek............... $24,300,000
Nevada...................................... Naval Air Station Fallon......................... $146,165,000
North Carolina.............................. Marine Corps Air Station Cherry Point............ $38,415,000
Marine Corps Air Station New River............... $210,600,000
Marine Corps Base Camp Lejeune................... $47,475,000
Pennsylvania Naval Surface Warfare Center Philadelphia $86,610,000
Division.
South Carolina.............................. Marine Corps Recruit Depot Parris Island......... $75,900,000
Virginia.................................... Naval Station Norfolk............................ $16,863,000
Naval Surface Warfare Center Dahlgren Division... $2,503,000
Washington.................................. Naval Air Station Whidbey Island................. $105,561,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia................................... Royal Australian Air Force Base Darwin........... $258,831,000
Djibouti.................................... Camp Lemonnier................................... $106,700,000
Japan....................................... Kadena Air Base.................................. $195,400,000
[[Page S6160]]
Spain....................................... Naval Station Rota............................... $76,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2203(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Navy may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following
table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Territory Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Guam................................... NAVSUPPACT Andersen........ Replace Andersen Housing $86,390,000
PH IV...................
NAVSUPPACT Andersen........ Replace Andersen Housing $93,259,000
PH V....................
NAVSUPPACT Andersen........ Replace Andersen Housing $68,985,000
PH VI...................
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2203(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed
$74,540,000.
(c) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Navy may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $14,123,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2022, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECT AT JOINT REGION MARIANAS,
GUAM.
Notwithstanding section 2002 of the Military Construction
Authorization Act for Fiscal Year 2018 (division B of Public
Law 115-91; 131 Stat. 1817), the authorization contained in
the table in section 2201(a) of that Act (131 Stat. 1822) at
Joint Region Marianas, Guam, for Navy-Commercial Tie-in
Hardening, as specified in the funding table in section 4601
of that Act (131 Stat. 2001), shall remain in effect until
October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2024, whichever is later.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Maxwell Air Force Base.......................... $15,000,000
Alaska........................................ Clear Space Force Station....................... $68,000,000
Joint Base Elmendorf-Richardson................. $5,200,000
Arizona Davis-Monthan Air Force Base.................... $7,500,000
California.................................... Travis Air Force Base........................... $7,500,000
Vandenberg Space Force Base..................... $89,000,000
Hawaii........................................ Air Force Research Laboratory - Maui $89,000,000
Experimental Site #1...........................
Illinois...................................... Scott Air Force Base............................ $19,893,000
New York...................................... Air Force Research Laboratory - Rome Research $4,200,000
Site...........................................
Ohio.......................................... Wright Patterson Air Force Base................. $29,000,000
Oklahoma...................................... Tinker Air Force Base........................... $247,600,000
South Carolina................................ Shaw Air Force Base............................. $10,000,000
South Dakota.................................. Ellsworth Air Force Base........................ $328,000,000
Tennessee..................................... Arnold Air Force Base........................... $38,000,000
Texas......................................... Joint Base San Antonio-Randolph................. $29,000,000
Utah.......................................... Hill Air Force Base............................. $84,000,000
Washington.................................... Fairchild Air Force Base........................ $8,000,000
Wyoming....................................... F.E. Warren Air Force Base...................... $186,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
[[Page S6161]]
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Hungary....................................... Papa Air Base................................... $71,000,000
Iceland....................................... Naval Air Station Keflavik...................... $94,000,000
Italy......................................... Aviano Air Base................................. $46,500,000
Japan......................................... Kadena Air Base................................. $307,000,000
Jordan........................................ Muwaffaq Salti Air Base......................... $50,000,000
Norway........................................ Rygge Air Station............................... $8,200,000
Spain......................................... Moron Air Base.................................. $29,000,000
United Kingdom................................ Royal Air Force Molesworth...................... $421,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2303(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $233,858,000.
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $17,730,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2022, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) Air Force Construction and Land Acquisition.--
(1) In general.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorizations set forth in the table in paragraph (2), as
provided in section 2301(a) of that Act (131 Stat. 1825), for
the projects specified in that table shall remain in effect
until October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.... Fire Station............. $17,000,000
Texas................................. Joint Base San Antonio.... BMT Classrooms/Dining.... $38,000,000
Joint Base San Antonio.... Camp Bullis Dining $18,500,000
Facility................
Wyoming............................... F. E. Warren Air Force Consolidated Helo/TRF Ops/ $62,000,000
Base..................... AMU and Alert Fac.......
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) In general.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorizations set forth in the table in paragraph (2), as
provided in section 2903 of that Act (131 Stat. 1876), for
the projects specified in that table shall remain in effect
until October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Hungary............................... Kecskemet Air Base........ ERI: Airfield Upgrades... $12,900,000
Kecskemet Air Base........ ERI: Construct Parallel $30,000,000
Taxiway.................
Kecskemet Air Base........ ERI: Increase POL Storage $12,500,000
Capacity................
Luxembourg............................ Sanem..................... ERI: ECAOS Deployable $67,400,000
Airbase System Storage..
Slovakia.............................. Malacky................... ERI: Airfield Upgrades... $4,000,000
Malacky................... ERI: Increase POL Storage $20,000,000
Capacity................
Sliac Airport............. ERI: Airfield Upgrades... $22,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2020 PROJECTS AT TYNDALL AIR FORCE
BASE, FLORIDA.
In the case of the authorization contained in section
2912(a) of the Military Construction Authorization Act for
Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat.
1913) for Tyndall Air Force Base, Florida--
(1) for construction of Lodging Facilities Phases 1-2, as
specified in the funding table in section 4603 of that Act
(133 Stat. 2103) and modified by subsection (a)(7) of section
2306 of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4302), the Secretary of the Air Force may construct an
emergency backup generator;
(2) for construction of Dorm Complex Phases 1-2, as
specified in such funding table and modified by subsection
(a)(8) of such section 2306, the Secretary of the Air Force
may construct two emergency backup generators;
(3) for construction of Site Development, Utilities & Demo
Phase 2, as specified in such funding table and modified by
subsection (a)(6) of such section 2306, the Secretary of the
Air Force may construct--
[[Page S6162]]
(A) up to 6,248 lineal meters of storm water utilities;
(B) up to 55,775 square meters of roads;
(C) up to 4,334 lineal meters of gas pipeline; and
(D) up to 28,958 linear meters of electrical;
(4) for construction of Tyndall AFB Gate Complex, as
specified in such funding table and modified by subsection
(a)(9) of such section 2306, the Secretary of the Air Force
may construct up to 55,694 square meters of roadway with
serpentines; and
(5) for construction of Deployment Center/Flight Line
Dining/AAFES, as specified in such funding table and modified
by subsection (a)(11) of such section 2306, the Secretary of
the Air Force may construct up to 164 square meters of AAFES
(Shoppette).
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2021 PROJECT AT HILL AIR FORCE
BASE, UTAH.
In the case of the authorization contained in section
2301(a) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4299) for Hill Air Force Base, Utah, for construction of GBSD
Organic Software Sustainment Center, as specified in the
funding table in section 4601 of such Act (134 Stat. 4502),
the Secretary of the Air Force may construct--
(1) up to 7,526 square meters of surface parking lot in
lieu of constructing a 13,434 square meters vehicle parking
garage; and
(2) up to 402 square meters of storage igloo.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $151,000,000
California.................................. Naval Base Coronado........................... $75,712,000
Florida..................................... Hurlburt Field................................ $9,100,000
North Carolina.............................. Fort Bragg.................................... $34,470,000
Texas....................................... Joint Base San Antonio........................ $58,600,000
Virginia.................................... Dam Neck...................................... $26,600,000
Pentagon...................................... $18,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Baumholder.................................... $149,023,000
Japan........................................ Yokota Air Base............................... $72,154,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Missile and Space Intelligence Center, $10,700,000
Redstone Arsenal.............................
California.................................. Marine Corps Mountain Warfare Training Center. $25,560,000
Naval Base Ventura County..................... $13,360,000
Florida..................................... Naval Air Station Jacksonville................ $2,400,000
Patrick Space Force Base...................... $15,700,000
Georgia..................................... Fort Stewart-Hunter Army Airfield............. $25,400,000
Naval Submarine Base Kings Bay................ $11,200,000
Guam........................................ Naval Base Guam............................... $34,360,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $25,000,000
Kansas...................................... Fort Riley.................................... $25,780,000
Maryland.................................... National Security Agency-Washington, Fort $23,310,000
Meade........................................
Texas....................................... Fort Hood..................................... $31,500,000
U.S. Army Reserve Center, Conroe.............. $9,600,000
Virginia.................................... National Geospatial-Intelligence Agency Campus $1,100,000
East, Fort Belvoir...........................
Naval Support Activity Hampton Roads.......... $22,400,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti..................................... Camp Lemonnier................................ $24,000,000
[[Page S6163]]
Japan........................................ Kadena Air Base............................... $780,000
Kuwait....................................... Camp Arifjan.................................. $26,850,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2022, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments),
as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in subsection (b), as
provided in section 2401(b) of that Act (131 Stat. 1829), for
the projects specified in that table shall remain in effect
until October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Defense Agencies: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Iwakuni................ Construct Bulk Storage $30,800,000
Tanks PH 1............
Puerto Rico.......................... USCG Station; Punta Ramey Unit School $61,071,000
Borinquen............. Replacement...........
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2022, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501 as
specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA-FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations in the Republic of Korea, and in the amounts,
set forth in the following table:
Republic of Korea-Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Quartermaster Laundry/ $24,000,000
Dry Cleaner Facility..
Army................................. Camp Humphreys......... MILVAN CONNEX Storage $20,000,000
Yard..................
Navy................................. Camp Mujuk............. Replace Ordnance $150,000,000
Storage Magazines.....
Navy................................. Fleet Activities Water Treatment Plant $6,000,000
Chinhae............... Relocation............
Air Force............................ Gimhae Air Base........ Refueling Vehicle Shop. $8,800,000
Air Force............................ Osan Air Base.......... Combined Air and Space $306,000,000
Operations
Intelligence Center...
Air Force............................ Osan Air Base.......... Upgrade Electrical $235,000,000
Distribution West,
Phase 3...............
----------------------------------------------------------------------------------------------------------------
SEC. 2512. REPEAL OF AUTHORIZED APPROACH TO CONSTRUCTION
PROJECT AT CAMP HUMPHREYS, REPUBLIC OF KOREA.
Section 2511 of the Military Construction Authorization Act
for Fiscal Year 2022 (division B of Public Law 117-81; 135
Stat. 2177) is amended--
(1) in subsection (a), by striking ``(a) Authority to
Accept Projects.--Pursuant to`` and inserting ``Pursuant
to``; and
(2) by striking subsection (b).
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard locations inside the United States, and
in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State or Territory Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Joint Base Elmendorf-Richardson............... $63,000,000
Arkansas.................................... Camp Robinson................................. $9,500,000
Delaware.................................... New Castle.................................... $16,000,000
Florida..................................... Gainesville................................... $21,000,000
[[Page S6164]]
Palm Coast.................................... $12,000,000
Hawaii...................................... Kapolei....................................... $29,000,000
Indiana..................................... Atlanta....................................... $20,000,000
Iowa........................................ West Des Moines............................... $15,000,000
Minnesota................................... New Ulm....................................... $17,000,000
Nevada...................................... Reno.......................................... $18,000,000
New York.................................... Troy.......................................... $17,000,000
North Carolina.............................. McLeansville.................................. $15,000,000
Oregon...................................... Camp Umatilla................................. $14,243,000
Puerto Rico................................. Arroyo........................................ $28,602,000
Camp Santiago................................. $161,337,000
San Juan...................................... $64,000,000
West Virginia............................... Buckhannon.................................... $14,000,000
Wyoming..................................... Camp Guernsey................................. $19,500,000
Sheridan...................................... $14,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State or Territory Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Camp Pendleton.................................. $13,000,000
Florida......................................... Perrine......................................... $46,000,000
Ohio............................................ Wright-Patterson Air Force Base................. $16,000,000
Puerto Rico..................................... Fort Buchanan................................... $24,000,000
Washington...................................... Yakima.......................................... $22,000,000
Wisconsin....................................... Fort McCoy...................................... $64,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
Navy Reserve and Marine Corps Reserve locations inside the
United States, and in the amounts, set forth in the following
table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Hawaii......................................... Marine Corps Base Kaneohe Bay.................. $102,600,000
Virginia....................................... Marine Forces Reserve Dam Neck Virginia Beach.. $10,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard locations inside the United States, and in
the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Birmingham International Airport................ $7,500,000
Montgomery Regional Airport..................... $9,200,000
Arizona......................................... Morris Air National Guard Base.................. $12,000,000
Tucson International Airport.................... $10,000,000
Florida......................................... Jacksonville International Airport.............. $22,200,000
Indiana......................................... Fort Wayne International Airport................ $12,800,000
Tennessee....................................... McGhee-Tyson Airport............................ $23,800,000
Rhode Island.................................... Quonset State Airport........................... $35,000,000
West Virginia................................... McLaughlin Air National Guard Base.............. $10,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air Force Reserve locations inside the United States, and in
the amounts, set forth in the following table:
[[Page S6165]]
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona......................................... Davis-Monthan Air Force Base.................... $8,000,000
Mississippi..................................... Keesler Air Force Base.......................... $10,000,000
Oklahoma........................................ Tinker Air Force Base........................... $12,500,000
Virginia........................................ Langley Air Force Base.......................... $10,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2022, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorizations set forth in the table in subsection (b), as
provided in section 2604 of that Act (131 Stat. 1836), for
the projects specified in that table shall remain in effect
until October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Indiana.............................. Hulman Regional Airport Construct Small Arms $8,000,000
Range.................
South Dakota......................... Joe Foss Field......... Aircraft Maintenance $12,000,000
Shops.................
Wisconsin............................ Dane County Regional/ Construct Small Arms $8,000,000
Airport Truax Field... Range.................
----------------------------------------------------------------------------------------------------------------
SEC. 2608. CORRECTIONS TO AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2022 PROJECTS.
The table in section 2601 of the Military Construction
Authorization Act Fiscal Year 2022 (division B of Public law
117-81; 135 Stat. 2178) is amended--
(1) in the item relating to Redstone Arsenal, Alabama, by
striking ``Redstone Arsenal`` and inserting ``Huntsville``;
(2) in the item relating to Jerome National Guard Armory,
Idaho, by striking ``National Guard Armory``;
(3) in the item relating to Nickell Memorial Armory Topeka,
Kansas, by striking ``Nickell Memorial Armory``;
(4) in the item relating to Lake Charles National Guard
Readiness Center, Louisiana, by striking ``National Guard
Readiness Center``;
(5) in the item relating to Camp Grayling, Michigan, by
striking ``Camp``;
(6) in the item relating to Butte Military Entrance Testing
Site, Montana, by striking ``Military Entrance Testing
Site``;
(7) in the item relating to Mead Army National Guard
Readiness Center, Nebraska, by striking ``Army National Guard
Readiness Center`` and inserting ``Training Site``;
(8) in the item relating to Dickinson National Guard
Armory, North Dakota, by striking ``National Guard Armory``;
(9) in the item relating to Bennington National Guard
Armory, Vermont, by striking ``National Guard Armory``; and
(10) in the item relating to Camp Ethan Allen Training
Site, Vermont, by striking ``Camp Ethan Allen Training Site``
and inserting ``Ethan Allen Air Force Base TS``.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2022, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
126 Stat. 2140), as specified in the funding table in section
4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE
REALIGNMENT AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
SEC. 2801. MODIFICATION OF COST THRESHOLDS FOR AUTHORITY OF
DEPARTMENT OF DEFENSE TO ACQUIRE LOW-COST
INTERESTS IN LAND.
Section 2663(c) of title 10, United States Code, is
amended--
(1) in paragraph (1)(B), by striking ``$750,000`` and
inserting ``$6,000,000``;
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(4) in paragraph (2), as redesignated by paragraph (3), by
striking ``unless the total cost is not more than $750,000,
in the case of an acquisition under paragraph (1), or
$1,500,000, in the case of an acquisition under paragraph
(2)`` and inserting ``unless the total cost is not more than
$6,000,000``.
SEC. 2802. CLARIFICATION OF EXCEPTIONS TO LIMITATIONS ON COST
VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS
AND MILITARY FAMILY HOUSING PROJECTS.
Subparagraph (D) of section 2853(c)(1) of title 10, United
States Code, is amended to read as follows:
``(D) The Secretary concerned may not use the authority
provided by subparagraph (A) to waive the cost limitation
applicable to a military construction project with a total
authorized cost greater than $500,000,000 or a military
family housing project with a total authorized cost greater
than $500,000,000 if that waiver would increase the project
cost by more than 50 percent of the total authorized cost of
the project.``.
SEC. 2803. ELIMINATION OF SUNSET OF AUTHORITY TO CONDUCT
UNSPECIFIED MINOR MILITARY CONSTRUCTION FOR LAB
REVITALIZATION.
Section 2805(d) of title 10, United States Code, is amended
by striking paragraph (5).
SEC. 2804. REQUIREMENT FOR INCLUSION OF DEPARTMENT OF DEFENSE
FORMS 1391 WITH ANNUAL BUDGET SUBMISSION BY
PRESIDENT.
Concurrently with the submission to Congress by the
President of the annual budget of the Department of Defense
for a fiscal year under section 1105(a) of title 31, United
States Code, the President shall include each Department of
Defense Form 1391, or successor similar form, for a military
construction project to be carried out during that fiscal
year.
SEC. 2805. DETERMINATION AND NOTIFICATION RELATING TO
EXECUTIVE ORDERS THAT IMPACT COST AND SCOPE OF
WORK OF MILITARY CONSTRUCTION PROJECTS.
(a) Determination and Update of Form 1391.--Not later than
30 days after the date on which an Executive order is signed
by the President, the Secretary concerned shall--
(1) determine whether the Executive order would cause a
cost or scope of work variation for a military construction
project under the jurisdiction of the Secretary concerned;
and
(2) update the Department of Defense Form 1391 for each
military construction project under the jurisdiction of the
Secretary concerned that would be impacted by such cost or
scope of work variation that has not been submitted to
Congress for consideration, including--
(A) projects for the next fiscal year; and
(B) projects covered by the future-years defense program
submitted under section 221 of title 10, United States Code.
(b) Notification to Congress.--Not later than 10 days after
determining under subsection (a)(1) that an Executive order
would cause a cost or scope of work variation for a military
construction project, the Secretary concerned shall submit to
the congressional defense committees a report indicating all
military construction projects under the jurisdiction of the
Secretary concerned with respect to which costs would
increase due to the Executive order.
[[Page S6166]]
(c) Certification.--Before the submission to Congress of
the budget of the President for a fiscal year under section
1105(a) of title 31, United States Code, each Secretary
concerned shall certify to Congress that each Department of
Defense Form 1391 provided to Congress for that fiscal year
for a military construction project has been updated with any
cost or scope of work variation specified in subsection
(a)(1) caused by an Executive order signed during the four-
year period preceding such certification, including an
indication of any cost increases for such project that is
directly attributable to such Executive order.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned`` has the meaning given that term in
section 101 of title 10, United States Code.
SEC. 2806. EXTENSION OF AUTHORIZATION OF DEPOT WORKING
CAPITAL FUNDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is
amended by striking ``September 30, 2023``, and inserting
``September 30, 2025``.
SEC. 2807. TEMPORARY INCREASE OF AMOUNTS IN CONNECTION WITH
AUTHORITY TO CARRY OUT UNSPECIFIED MINOR
MILITARY CONSTRUCTION.
For the period beginning on the date of the enactment of
this Act and ending on December 1, 2025, section 2805 of
title 10, United States Code, shall be applied and
administered--
(1) in subsection (a)(2), by substituting ``$9,000,000``
for ``$6,000,000``;
(2) in subsection (c), by substituting ``$4,000,000`` for
``$2,000,000``;
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by substituting ``$9,000,000`` for
``$6,000,000``; and
(ii) in subparagraph (B), by substituting ``$9,000,000``
for ``$6,000,000``; and
(B) in paragraph (2), by substituting ``$9,000,000`` for
``$6,000,000``; and
(4) in subsection (f)(1), by substituting ``$14,000,000``
for ``$10,000,000``.
SEC. 2808. ELECTRICAL CHARGING CAPABILITY CONSTRUCTION
REQUIREMENTS RELATING TO PARKING FOR FEDERAL
GOVERNMENT MOTOR VEHICLES.
(a) In General.--If the Secretary concerned develops plans
for a project to construct any facility that includes or will
include parking for covered motor vehicles, the Secretary
concerned shall include in any Department of Defense Form
1391, or successor form, submitted to Congress for that
project--
(1) the provision of electric vehicle charging capability
at the facility adequate to provide electrical charging,
concurrently, for not less than 15 percent of all covered
motor vehicles planned to be parked at the facility;
(2) the inclusion of the cost of constructing such
capability in the overall cost of the project; and
(3) an analysis of whether a parking structure or lot will
be the primary charging area for covered motor vehicles or if
another area, such as public works or the motor pool, will be
the primary charging area.
(b) Definitions.--In this section:
(1) Covered motor vehicle.--The term ``covered motor
vehicle`` means a Federal Government motor vehicle, including
a motor vehicle leased by the Federal Government.
(2) Secretary concerned.--The term ``Secretary concerned``
means--
(A) the Secretary of a military department with respect to
facilities under the jurisdiction of that Secretary; and
(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and facilities of a reserve
component owned by a State rather than the United States.
SEC. 2809. USE OF INTEGRATED PROJECT DELIVERY CONTRACTS.
(a) In General.--In fiscal year 2023, the Secretary of the
Army, the Secretary of the Navy, and the Secretary of the Air
Force shall each enter into at least one integrated project
delivery contract for the delivery of a military construction
project.
(b) Integrated Project Delivery Contract Defined.--In this
section, the term ``integrated project delivery contract``
means a contract, including a multi-party contract, that--
(1) includes at least the owner, builder, and architect
engineer; and
(2) shares the risks and rewards among all parties to the
contract.
SEC. 2810. EXPANSION OF PILOT PROGRAM ON INCREASED USE OF
SUSTAINABLE BUILDING MATERIALS IN MILITARY
CONSTRUCTION TO INCLUDE LOCATIONS THROUGHOUT
THE UNITED STATES.
Section 2861(b)(2) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2802
note) is amended, in the matter preceding subparagraph (A),
by striking ``continental``.
Subtitle B--Military Housing
SEC. 2821. SPECIFICATION OF ASSISTANT SECRETARY OF DEFENSE
FOR ENERGY, INSTALLATIONS, AND ENVIRONMENT AS
CHIEF HOUSING OFFICER.
Subsection (a) of section 2851a of title 10, United States
Code, is amended to read as follows:
``(a) In General.--The Assistant Secretary of Defense for
Energy, Installations, and Environment shall serve as the
Chief Housing Officer, who shall oversee family housing and
military unaccompanied housing under the jurisdiction of the
Department of Defense or acquired or constructed under
subchapter IV of this chapter (in this section referred to as
`covered housing units`).``.
SEC. 2822. DEPARTMENT OF DEFENSE MILITARY HOUSING READINESS
COUNCIL.
(a) In General.--Chapter 88 of title 10, United States
Code, is amended by inserting after section 1781c the
following new section:
``Sec. 1781d. Department of Defense Military Housing
Readiness Council
``(a) In General.--There is in the Department of Defense
the Department of Defense Military Housing Readiness Council
(in this section referred to as the `Council`).
``(b) Members.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Assistant Secretary of Defense for Energy,
Installations, and Environment, who shall serve as chair of
the Council and who may designate a representative to chair
the Council in the absence of the Assistant Secretary.
``(B) One representative of each of the Army, Navy, Air
Force, Marine Corps, and Space Force, each of whom shall be a
member of the armed force to be represented and not fewer
than two of which shall be from an enlisted component.
``(C) One spouse of an active component member of each of
the Army, Navy, Air Force, Marine Corps, and Space Force, not
fewer than two of which shall be the spouse of an enlisted
component member.
``(D) One individual appointed by the Secretary of Defense
among representatives of the International Code Council.
``(E) One individual appointed by the Secretary of Defense
among representatives of the Institute of Inspection Cleaning
and Restoration Certification.
``(F) One individual appointed by the Chair of the
Committee on Armed Services of the Senate who is not
described in subparagraph (B) or (C) and is not a
representative of an organization specified in subparagraph
(D) or (E).
``(G) One individual appointed by the Ranking Member of the
Committee on Armed Services of the Senate who is not
described in subparagraph (B) or (C) and is not a
representative of an organization specified in subparagraph
(D) or (E).
``(H) One individual appointed by the Chair of the
Committee on Armed Services of the House of Representatives
who is not described in subparagraph (B) or (C) and is not a
representative of an organization specified in subparagraph
(D) or (E).
``(I) One individual appointed by the Ranking Member of the
Committee on Armed Services of the House of Representatives
who is not described in subparagraph (B) or (C) and is not a
representative of an organization specified in subparagraph
(D) or (E).
``(2) Terms.--The term on the Council of the members
specified under subparagraphs (B) through (H) of paragraph
(1) shall be two years and may be renewed by the Secretary of
Defense.
``(3) Attendance by landlords.--The chair of the Council
shall extend an invitation to each landlord for one
representative of each landlord to attend such meetings of
the Council as the chair considers appropriate.
``(c) Meetings.--The Council shall meet not less often than
four times each year.
``(d) Duties.--The duties of the Council shall include the
following:
``(1) To review and make recommendations to the Secretary
of Defense regarding policies for privatized military
housing, including inspections practices, resident surveys,
landlord payment of medical bills for residents of housing
units that have not maintained minimum standards of
habitability, and access to maintenance work order systems.
``(2) To monitor compliance by the Department with and
effective implementation by the Department of statutory
improvements to policies for privatized military housing,
including the Military Housing Privatization Initiative
Tenant Bill of Rights developed under section 2890 of this
title and the complaint database established under section
2894a of this title.
``(3) To make recommendations to the Secretary of Defense
to improve collaboration, awareness, and promotion of
accurate and timely information about privatized military
housing, accommodations available through the Exceptional
Family Member Program of the Department of Defense, and other
support services among policymakers, service providers, and
targeted beneficiaries.
``(e) Public Reporting.--
``(1) Availability of documents.--Subject to section 552 of
title 5 (commonly known as the `Freedom of Information Act`),
the records, reports, transcripts, minutes, appendices,
working papers, drafts, studies, agenda, and other documents
made available to or prepared for or by the Council shall be
available for public inspection and copying at a single
location in a publicly accessible format on a website of the
Department of Defense until the Council ceases to exist.
``(2) Minutes.--
``(A) In general.--Detailed minutes of each meeting of the
Council shall be kept and shall contain--
``(i) a record of the individuals present;
``(ii) a complete and accurate description of matters
discussed and conclusions reached; and
``(iii) copies of all reports received, issued, or approved
by the Council.
``(B) Certification.--The chair of the Council shall
certify the accuracy of the minutes of each meeting of the
Council.
``(f) Annual Reports.--
[[Page S6167]]
``(1) In general.--Not later than March 1 each year, the
Council shall submit to the Secretary of Defense and the
congressional defense committees a report on privatized
military housing readiness.
``(2) Elements.--Each report under this subsection shall
include the following:
``(A) An assessment of the adequacy and effectiveness of
the provision of privatized military housing and the
activities of the Department of Defense in meeting the needs
of military families relating to housing during the preceding
fiscal year.
``(B) A description of activities of the Council during the
preceding fiscal year, including--
``(i) analyses of complaints of tenants of housing units;
``(ii) data received by the Council on maintenance response
time and completion of maintenance requests relating to
housing units;
``(iii) assessments of dispute resolution processes;
``(iv) assessments of overall customer service for tenants;
``(v) assessments of results of housing inspections
conducted with and without notice;
``(vi) any survey results conducted on behalf of or
received by the Council.
``(C) Recommendations on actions to be taken to improve the
capability of the provision of privatized military housing
and the activities of the Department of Defense to meet the
needs and requirements of military families relating to
housing, including actions relating to the allocation of
funding and other resources.
``(3) Public availability.--Each report under this
subsection shall be made available in a publicly accessible
format on a website of the Department of Defense.
``(g) Definitions.--In this section:
``(1) Landlord.--The term `landlord` has the meaning given
that term in section 2871 of this title.
``(2) Privatized military housing.--The term `privatized
military housing` means housing provided under subchapter IV
of chapter 169 of this title.``.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1781c the following new item:
``1781d. Department of Defense Military Housing Readiness Council.
SEC. 2823. MANDATORY DISCLOSURE OF POTENTIAL PRESENCE OF MOLD
AND HEALTH EFFECTS OF MYCOTOXINS BEFORE A LEASE
IS SIGNED FOR PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, is amended by inserting after section
2890 the following new section:
``Sec. 2890a. Disclosure of potential presence of mold and
health effects of mycotoxins
``(a) In General.--The Secretary of Defense shall develop a
mold disclosure document, which shall be provided by each
landlord to a prospective tenant of a housing unit owned or
managed by such landlord.
``(b) Elements of Document.--The mold disclosure document
developed under subsection (a) shall include the following:
``(1) A notification that mold could be present in the
housing unit.
``(2) An instruction that any tenant that discovers mold in
the housing unit should notify the landlord not later than 48
hours after discovering mold.
``(3) Information regarding the human health effects of
mycotoxins.``.
(b) Clerical Amendment.--The table of sections for such
subchapter is amended by inserting after the item relating to
section 2890 the following new item:
``2890a. Disclosure of potential presence of mold and health effects of
mycotoxins.
SEC. 2824. IMPLEMENTATION OF RECOMMENDATIONS FROM AUDIT OF
MEDICAL CONDITIONS OF RESIDENTS IN PRIVATIZED
MILITARY HOUSING.
Not later than March 1, 2023, the Secretary of Defense
shall implement the recommendations contained in the report
of the Inspector General of the Department of Defense dated
April 1, 2022, and entitled, ``Audit of Medical Conditions of
Residents in Privatized Military Housing`` (DODIG-2022-078).
Subtitle C--Land Conveyances
SEC. 2841. CONVEYANCE, JOINT BASE CHARLESTON, SOUTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Air Force
(in this section referred to as the ``Secretary``) may convey
to the City of North Charleston, South Carolina (in this
section referred to as the ``City``) all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 26 acres known as the Old Navy Yard at Joint
Base Charleston, South Carolina, for the purpose of
permitting the City to use the property for economic
development.
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the City shall pay to the United States an
amount equal to not less than the fair market value, as
determined by the Secretary, based on an appraisal of the
property to be conveyed under such subsection, which may
consist of cash payment, in-kind consideration as described
under paragraph (3), or a combination thereof.
(2) Sufficiency of consideration.--
(A) In general.--Consideration paid to the Secretary under
paragraph (1) must be sufficient, as determined by the
Secretary, to provide replacement space for, and for the
relocation of, any personnel, furniture, fixtures, equipment,
and personal property of any kind belonging to any military
department located upon the property to be conveyed under
subsection (a).
(B) Completion prior to conveyance.--Any cash consideration
must be paid in full and any in-kind consideration must be
complete, useable, and delivered to the satisfaction of the
Secretary at or prior to the conveyance under subsection (a).
(3) In-kind consideration.--In-kind consideration paid by
the City under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure with
proximity to Joint Base Charleston Weapons Station (South
Annex) and located on Joint Base Charleston, that the
Secretary considers acceptable.
(4) Treatment of cash consideration received.--Any cash
consideration received by the United States under paragraph
(1) shall be deposited in the special account in the Treasury
under subparagraph (A) of section 572(b)(5) of title 40,
United States Code, and shall be available in accordance with
subparagraph (B)(ii) of such section.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--
(A) In general.--The Secretary may require the City to
cover all costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, appraisal costs, costs related to environmental
documentation, and any other administrative costs related to
the conveyance.
(B) Refund of amounts.--If amounts paid by the City to the
Secretary in advance exceed the costs actually incurred by
the Secretary to carry out the conveyance under subsection
(a), the Secretary shall refund the excess amount to the
City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance or to an appropriate fund or account currently
available to the Secretary for the purposes for which the
costs were paid. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for
the same purposes, and to the same conditions and
limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(e) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to all valid existing rights
and the City shall accept the property (and any improvements
thereon) in its condition at the time of the conveyance
(commonly known as a conveyance ``as is``).
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
(g) Old Navy Yard Defined.--In this section, the term ``Old
Navy Yard`` includes the facilities used by the Naval
Information Warfare Center Atlantic, including buildings
1602, 1603, 1639, 1648, and such other facilities,
infrastructure, and land along or near the Cooper River
waterfront at Joint Base Charleston as the Secretary
considers appropriate.
Subtitle D--Other Matters
SEC. 2861. INTEGRATED MASTER INFRASTRUCTURE PLAN TO SUPPORT
DEFENSE OF GUAM.
(a) Update of Plan and Report.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall, in consultation with the heads of such Federal
agencies as the Secretary considers pertinent--
(1) update the plan detailing descriptions of work, costs,
and a schedule for completion of construction, improvements,
and repairs to the nonmilitary utilities, facilities, and
infrastructure, if any, on Guam affected by the realignment
of forces, required by section 2822 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66),
to reflect current and future plans for the introduction of
additional military and supporting nonmilitary capabilities
on the island; and
(2) submit to the congressional defense committees a report
on the updates made under paragraph (1).
(b) Matters Included.--In preparing th update required by
subsection (a)(1), the Secretary shall ensure that, at a
minimum, the resulting updated plan addresses:
(1) necessary improvements to the existing civilian
electrical power grid and electric power generation
capabilities to ensure that the expected increase in
Department of Defense power requirements can be satisfied
without adversely affecting the general population;
(2) opportunities for increasing energy resilience for
Department of Defense facilities and reducing expected
demands on civilian resources;
[[Page S6168]]
(3) expediting the ability to remove unexploded ordinance
during construction;
(4) required enhancements to potable water supplies and
sewer systems to sustain expected increases in Department of
Defense employees, military, supporting personnel, and
dependents;
(5) needed civilian roadway rehabilitation efforts and
enhancements to support increased traffic and heavy equipment
movements;
(6) advisable commercial airport and seaport rehabilitation
and capacity expansion projects that could improve logistical
effectiveness and efficiency;
(7) expanded public safety infrastructure needs to provide
adequate fire and police services for expected increases in
Department of Defense employees, military, supporting
personnel, and dependents;
(8) projected timelines for completion and anticipated
phasing for projects; and
(9) other topics the Secretary deems appropriate to
include.
(c) Form.--The report submitted under subsection (a)(2)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 2862. REPEAL OF REQUIREMENT FOR INTERAGENCY COORDINATION
GROUP OF INSPECTORS GENERAL FOR GUAM
REALIGNMENT.
Section 2835 of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 10
U.S.C. 2687 note) is repealed.
SEC. 2863. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF
FUNDS FOR CERTAIN CONSTRUCTION PROJECTS IN THE
REPUBLIC OF KOREA.
Section 2863 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1899) is
amended--
(1) in the section heading, by striking ``mutually
beneficial to the department of defense and`` and inserting
``in``;
(2) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by striking
``cash``; and
(B) in subparagraph (B), by inserting ``and construction``
after ``The design``;
(3) in subsection (b), by striking ``Contributions`` and
inserting ``Cash contributions``; and
(4) by amending subsection (e) to read as follows:
``(e) Method of Contribution.--Contributions may be
accepted under subsection (a) in any of the following forms:
``(1) Irrevocable letter of credit issued by a financial
institution acceptable to the Treasurer of the United States.
``(2) Drawing rights on a commercial bank account
established and funded by the Republic of Korea, which
account is blocked such that funds deposited cannot be
withdrawn except by or with the approval of the United
States.
``(3) Cash, which shall be deposited into the account
established under subsection (b).``.
SEC. 2864. MODIFICATION OF QUITCLAIM DEED BETWEEN THE UNITED
STATES AND THE CITY OF CLINTON, OKLAHOMA.
(a) In General.--The Secretary of Defense shall abrogate
and release the City of Clinton, Oklahoma, or any subsequent
grantee, from the conditions specified in subsection (b) for
the land specified in subsection (d).
(b) Conditions Specified.--The conditions specified in this
subsection are the following:
(1) That during any national emergency declared by the
President or Congress, the Department of Defense shall have
the right to make exclusive or nonexclusive use and have
exclusive or nonexclusive control and possession, without
charge, of the airport located on the land specified in
subsection (d), or of such portion thereof as the President
may desire.
(2) That the Department of Defense shall be responsible for
the entire cost of maintaining such part of the airport as it
may use exclusively, or over which it may have exclusive
possession or control, during the period of such use,
possession, or control, and shall be obligated to contribute
a reasonable share, commensurate with the use made by it, of
the cost of maintenance of such property as it may use
nonexclusively or over which it may have nonexclusive control
and possession.
(3) That the Department of Defense shall pay a fair rental
for its use, control, or possession, exclusively or
nonexclusively, of any improvements to the airport made
without aid from the Department.
(c) Payment of Costs.--The City of Clinton, Oklahoma, or
any subsequent grantee, shall pay all costs related to any
survey, legal description, contract modification, or deed
modification necessary to carry out subsection (a).
(d) Land Specified.--The land specified in this
subsection--
(1) is the land owned or maintained by the Department of
Defense that is--
(A) adjacent to the City of Clinton Spaceport covered
within the quitclaim deed dated January 27, 1949, between the
United States and the City of Clinton, Oklahoma;
(B) east of the Clinton Sherman Airport with--
(i) northern boundary of Sooner Drive between 7th Street
and 2nd Street;
(ii) southern boundary of East 1160 Road extending from 2nd
Street past Little Elk Creek;
(iii) western boundary running parallel to 2nd Street; and
(iv) western boundary extending past Little Elk Creek to
Woodland Street; and
(C) encompassing the Greens Burns Flat Golf Course; and
(2) does not include--
(A) the Clinton Sherman Airport or runway; or
(B) any land west of 2nd Street adjacent to the Oklahoma
Space Industry Development Authority maintenance building or
its surrounding support west of 2nd Street.
SEC. 2865. PROHIBITION ON JOINT USE OF HOMESTEAD AIR RESERVE
BASE WITH CIVIL AVIATION.
On or before September 30, 2026, the Secretary of the Air
Force may not enter into an agreement that would provide for
or permit the joint use of Homestead Air Reserve Base,
Homestead, Florida, by the Air Force and civil aircraft.
SEC. 2866. INCLUSION OF INFRASTRUCTURE IMPROVEMENTS
IDENTIFIED IN THE REPORT ON STRATEGIC SEAPORTS
IN DEFENSE COMMUNITY INFRASTRUCTURE PILOT
PROGRAM.
Section 2391(d) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In selecting community infrastructure projects to
receive assistance under this subsection, the Secretary shall
consider infrastructure improvements identified in the report
on strategic seaports required by section 3515 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1985).``.
SEC. 2867. PROCUREMENT OF ELECTRIC, ZERO EMISSION, ADVANCED-
BIOFUEL-POWERED, OR HYDROGEN-POWERED VEHICLES
FOR THE DEPARTMENT OF DEFENSE.
(a) Procurement Requirement.--
(1) In general.--Section 2922g of title 10, United States
Code, is amended to read as follows:
``Sec. 2922g. Procurement of electric, zero emission,
advanced-biofuel-powered, or hydrogen-powered vehicles
``(a) Requirement.--Except as provided in subsection (b),
all covered nontactical vehicles purchased or leased by or
for the use of the Department of Defense shall be--
``(1) an electric or zero emission vehicle that uses a
charging connector type (or other means to transmit
electricity to the vehicle) that meets applicable industry
accepted standards for interoperability and safety;
``(2) an advanced-biofuel-powered vehicle; or
``(3) a hydrogen-powered vehicle.
``(b) Relation to Other Vehicle Technologies That Reduce
Consumption of Fossil Fuels.--Notwithstanding the requirement
under subsection (a), the Secretary of Defense may authorize
the purchase or lease of covered nontactical vehicles that
are not described in such subsection if the Secretary
determines, on a case by case basis, that--
``(1) the technology used in the vehicles to be purchased
or leased reduces the consumption of fossil fuels compared to
vehicles that use conventional internal combustion
technology;
``(2) the purchase or lease of such vehicles is consistent
with the energy performance goals and plan of the Department
of Defense required by section 2911 of this title; and
``(3) the purchase or lease of vehicles described in
subsection (a) is impracticable under the circumstances.
``(c) Waiver.--
``(1) In general.--The Secretary of Defense may waive the
requirement under subsection (a).
``(2) Nondelegation.--The Secretary of Defense may not
delegate the waiver authority under paragraph (1).
``(d) Definitions.--In this section:
``(1) Advanced-biofuel-powered vehicle.--The term
`advanced-biofuel-powered vehicle` includes a vehicle that
uses a fuel described in section 9001(3)(A) of the Farm
Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
``(2) Covered nontactical vehicle.--The term `covered
nontactical vehicle` means any vehicle--
``(A) that is not a tactical vehicle designed for use in
combat; and
``(B) that is purchased or leased by the Department of
Defense pursuant to a contract entered into, renewed,
modified, or amended on or after October 1, 2030.
``(3) Hydrogen-powered vehicle.--The term `hydrogen-powered
vehicle` means a vehicle that uses hydrogen as the main
source of motive power, either through a fuel cell or
internal combustion.``.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 173 of such title is
amended by striking the item relating to section 2922g and
inserting the following new item:
``2922g. Procurement of electric, zero emission, advanced-biofuel-
powered, or hydrogen-powered vehicles.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2030.
[[Page S6169]]
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2023 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
Project 23-D-516, Energetic Materials Characterization
Facility, Los Alamos National Laboratory, Los Alamos, New
Mexico, $19,000,000.
Project 23-D-517, Electrical Power Capacity Upgrade, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$24,000,000.
Project 23-D-518, Plutonium Modernization Operations and
Waste Management Office Building, Los Alamos National
Laboratory, Los Alamos, New Mexico, $48,500,000.
Project 23-D-519, Special Materials Facility, Y-12 National
Security Complex, Oak Ridge, Tennessee, $49,500,000.
Project 23-D-533, Component Test Complex Project, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$57,420,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2023 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in
section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant projects:
Project 23-D-402, Calcine Construction, Idaho National
Laboratory, Idaho Falls, Idaho, $10,000,000.
Project 23-D-403 200 West Area Tank Farms Risk Management
Project, Hanford Site, Richland, Washington, $4,408,000.
Project 23-D-404, 181D Export Water System Reconfiguration
and Upgrade, Hanford Site, Richland, Washington, $6,770,000
Project 23-D-405, 181B Export Water System Reconfiguration
and Upgrade, Hanford Site, Richland, Washington, $480,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2023 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2023 for nuclear energy
as specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. WORKFORCE ENHANCEMENT FOR NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Fixed-term Appointment for Administrator for Nuclear
Security.--
(1) In general.--Section 202(c) of the Department of Energy
Organization Act (42 U.S.C. 7132(c)) is amended--
(A) in paragraph (1)--
(i) by inserting ``(A)`` after ``(1)``;
(ii) by striking ``shall be appointed`` and all that
follows through ``Code.`` and inserting the following:
``shall--
``(i) be appointed by the President, by and with the advice
and consent of the Senate; and
``(ii) serve--
``(I) except as provided in subclause (II), for a term of
not more than 5 years; or
``(II) until a successor is appointed, by and with the
advice and consent of the Senate.``; and
(iii) by adding at the end the following:
``(B) A person appointed to serve as the Under Secretary
for Nuclear Security may continue to serve in that position
after the expiration of the person`s term under subparagraph
(A)(ii) until a successor is appointed, by and with the
advice and consent of the Senate.``;
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Under Secretary for Nuclear Security shall be
compensated at the rate provided for at level III of the
Executive Schedule under section 5314 of title 5, United
States Code.``.
(2) Effective date.--The amendments made by paragraph (1)
apply with respect to an individual appointed to serve as the
Under Secretary for Nuclear Security on or after January 20,
2023.
(b) Repeal of Cap on Full-time Equivalent Employees of the
National Nuclear Security Administration.--
(1) In general.--Section 3241A of the National Nuclear
Security Administration Act (50 U.S.C. 2441a) is repealed.
(2) Clerical amendment.--The table of contents for the
National Nuclear Security Administration Act is amended by
striking the item relating to section 3241A.
SEC. 3112. ACCELERATION OF DEPLETED URANIUM MANUFACTURING
PROCESSES.
(a) Acceleration of Manufacturing.--The Administrator for
Nuclear Security shall require the nuclear security
enterprise to accelerate the modernization of manufacturing
processes for depleted uranium so that the nuclear security
enterprise--
(1) by not later than 2026--
(A) demonstrates bulk cold hearth melting of depleted
uranium to replace existing technologies; and
(B) manufactures, on a repeatable and ongoing basis, war
reserve depleted uranium components using net shape casting;
and
(2) by not later than 2028, produces bulk depleted uranium
using cold hearth melting on an operational basis for war
reserve components.
(b) Operation of Manufacturing Facility.--
(1) Acquisition of facility.--By not later than 2026, the
Administrator shall demonstrate, if possible through the use
of leased real estate options, a production facility for
manufacturing depleted uranium components outside the current
perimeter security fencing of the Y-12 National Security
Complex, Oak Ridge, Tennessee.
(2) Operation.--The Administrator shall ensure that, by not
later than 2029, the facility acquired under paragraph (1)
conducts routine operations for the manufacture of war
reserve components.
(c) Conversion of Depleted Uranium Hexafluoride to Depleted
Uranium Tetrafluoride.--The Administrator shall ensure that
the nuclear security enterprise--
(1) by not later than 2026, demonstrates the conversion of
depleted uranium hexafluoride to depleted uranium
tetrafluoride;
(2) by not later than 2028, converts depleted uranium
hexaflouride to depleted uranium tetrafluoride on an
operational basis; and
(3) by not later than 2030, has available high purity
depleted uranium for the production of war reserve
components.
(d) Briefing.--Not later than March 31, 2023, and annually
thereafter through 2030, the Administrator shall brief the
congressional defense committees on--
(1) progress made in carrying out subsections (a), (b), and
(c);
(2) the cost of activities conducted under such subsections
during the preceding fiscal year; and
(3) the ability of the nuclear security enterprise to
convert depleted uranium fluoride hexafluoride to depleted
uranium tetraflouride.
(e) Nuclear Security Enterprise Defined.--In this section,
the term ``nuclear security enterprise`` has the meaning
given that term in section 4002 of the Atomic Energy Defense
Act (50 U.S.C. 2501).
SEC. 3113. CERTIFICATION OF COMPLETION OF MILESTONES WITH
RESPECT TO PLUTONIUM PIT AGING.
(a) In General.--The National Nuclear Security
Administration shall complete the milestones on plutonium pit
aging identified in the report entitled ``Research Program
Plan for Plutonium and Pit Aging``, published by the
Administration in September 2021.
(b) Annual Assessment.--The Administrator for Nuclear
Security shall seek to enter into an arrangement with the
private scientific advisory group known as JASON to conduct,
annually through 2030, an assessment of the progress achieved
toward completing the milestones described in subsection (a).
(c) Briefing of Congressional Defense Committees.--Not
later than 1 year after the date of the enactment of this
Act, and annually thereafter until 2030, the Administrator
shall brief the congressional defense committees on--
(1) the progress achieved toward completing the milestones
described in subsection (a); and
(2) the results of the assessment described in subsection
(b).
(d) Certification of Completion of Milestones.--
(1) In general.--Not later than October 1, 2031, the
Administrator shall certify to the congressional defense
committees whether the milestones described in subsection (a)
have been achieved.
(2) Justification for incomplete milestones.--If the
milestones described in subsection (a) have not been
achieved, the Administrator shall submit to the congressional
defense committees, concurrently with the certification
required by paragraph (1), a report--
(A) describing the reasons such milestones have not been
achieved;
(B) including, if the Administrator determines the
Administration will not be able to meet one of such
milestones, an explanation for that determination; and
(C) specifying new dates for the completion of the
milestones the Administrator anticipates the Administration
will meet.
SEC. 3114. ASSISTANCE BY THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO THE AIR FORCE FOR THE
DEVELOPMENT OF THE MARK 21A FUSE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall enter into an agreement with the Secretary of
the Air Force under which the Administrator shall provide
assistance to the Air Force in developing a fuse for the Mark
21A reentry vehicle to support the W87-1 warhead
[[Page S6170]]
over the projected lifetime of the warhead, including by--
(1) acting as an external reviewer of the Mark 21A fuse,
including by reviewing--
(A) the design of the fuse;
(B) the quality of manufacturing and parts; and
(C) the life availability of components;
(2) advising and supporting the Air Force on strategies to
mitigate technical and schedule fuse risks; and
(3) otherwise ensuring the expertise of the National
Nuclear Security Administration in fuse and warhead design
and manufacturing is available to support successful
development and sustainment of the fuse over its lifetime.
(b) Budget Request.--The Administrator shall include, in
the budget justification materials submitted to Congress in
support of the budget of the Department of Energy for fiscal
year 2024 (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code), a
request for amounts sufficient to ensure that the assistance
provided to the Air Force under the agreement required by
subsection (a) does not negatively affect ongoing nuclear
modernization programs of the Administration.
(c) Nuclear Weapons Council Review.--The Nuclear Weapons
Council established under section 179 of title 10, United
States Code, shall review the agreement required by
subsection (a) and ensure that assistance provided under such
agreement aligns with ongoing programs of record between the
Department of Defense and the Administration.
(d) Transmittal of Agreement.--Not later than 120 days
after the date of the enactment of this Act, the Nuclear
Weapons Council shall transmit to the congressional defense
committee the agreement required by subsection (a) and any
comments that the Council considers appropriate.
SEC. 3115. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF
LAND TO BE CONVEYED TO LOS ALAMOS COUNTY, NEW
MEXICO.
(a) Environmental Restoration.--If the Secretary of Energy,
under any authority granted by law, determines that a covered
parcel of land requires environmental restoration or
remediation, the Secretary shall, to the maximum extent
practicable, complete the environmental restoration or
remediation of the covered parcel of land not later than
September 30, 2032, and otherwise in compliance with such
authority.
(b) Conveyance or Transfer.--If the Secretary, under any
authority granted by law, determines that environmental
restoration or remediation cannot reasonably be expected to
be completed with respect to a covered parcel of land by
September 30, 2032, the Secretary may not convey or transfer
the covered parcel of land.
(c) Covered Parcel of Land Defined.--The term ``covered
parcel of land`` means a parcel of land--
(1) under the jurisdiction or administrative control of the
Secretary of Energy;
(2) located at or in the vicinity of Los Alamos National
Laboratory, Los Alamos, New Mexico; and
(3) that the Secretary identified, in a report submitted to
the congressional defense committees before the date of the
enactment of this Act, as suitable for conveyance or transfer
to Los Alamos County.
SEC. 3116. USE OF ALTERNATIVE TECHNOLOGIES TO ELIMINATE
PROLIFERATION THREATS AT VULNERABLE SITES.
Section 4306B of the Atomic Energy Defense Act (50 U.S.C.
2569) is amended--
(1) in subsection (c)(1)(M)(ii), by inserting ``(including
through the use of alternative technologies)`` after
``convert``; and
(2) in subsection (g), by adding at the end the following
new paragraph:
``(7) The term `alternative technologies` means
technologies, such as accelerator-based equipment, that do
not use radiological materials.``.
SEC. 3117. UPDATE TO PLAN FOR DEACTIVATION AND
DECOMMISSIONING OF NONOPERATIONAL DEFENSE
NUCLEAR FACILITIES.
Section 4423 of the Atomic Energy Defense Act (50 U.S.C.
2603) is amended--
(1) by striking ``even-numbered`` each place it appears and
inserting ``odd-numbered``;
(2) by striking ``2016`` each place it appears and
inserting ``2023``;
(3) in subsection (c)--
(A) by striking ``2019`` and inserting ``2025``; and
(B) by striking ``determines--`` and all that follows and
inserting ``determines are nonoperational as of September 30,
2022.``;
(4) in subsection (d)(4), by striking ``2018`` and
inserting ``2024``; and
(5) in subsection (e), by striking ``2026`` and inserting
``2031``.
Subtitle C--Budget and Financial Management Matters
SEC. 3121. MODIFICATION OF COST BASELINES FOR CERTAIN
PROJECTS.
Section 4713(a) of the Atomic Energy Defense Act (50 U.S.C.
2753(a)) is amended--
(1) in paragraph (2)(D), by striking ``$750,000,000`` and
inserting ``$960,000,000 (in base fiscal year 2022
dollars)``;
(2) in paragraph (3)(A)(i), by striking ``$50,000,000`` and
inserting ``$65,000,000 (in base fiscal year 2022 dollars)``;
and
(3) in paragraph (4)(A)(i), by striking ``$50,000,000`` and
inserting ``$65,000,000 (in base fiscal year 2022 dollars)``.
SEC. 3122. UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS
SPECIFIED FOR LABORATORY-DIRECTED RESEARCH AND
DEVELOPMENT.
(a) In General.--Section 4812 of the Atomic Energy Defense
Act (50 U.S.C. 2792) is amended by adding at the end the
following new subsection:
``(c) Limitation on Use of Funds for Overhead.--A national
security laboratory may not use funds made available under
section 4811(c) to cover the costs of general and
administrative overhead for the laboratory.``.
(b) Repeal of Pilot Program.--Section 3119 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 50 U.S.C. 2791 note) is repealed.
SEC. 3123. PURCHASE OF REAL PROPERTY OPTIONS.
(a) In General.--Subtitle E of the National Nuclear
Security Administration Act (50 U.S.C. 2461 et seq.) is
amended by adding at the end the following new section:
``SEC. 3265. USE OF FUNDS FOR THE PURCHASE OF OPTIONS TO
PURCHASE OR LEASE REAL PROPERTY.
``(a) In General.--Subject to the limitation in subsection
(b), funds authorized to be appropriated for the
Administration for the purchase of real property may be
expended to purchase options for the purchase or lease of
real property.
``(b) Limitation on Price of Options.--The price of any
option purchased pursuant to subsection (a) may not exceed
the minor construction threshold (as defined in section 4701
of the Atomic Energy Defense Act (50 U.S.C. 2741)).
``(c) Notice.--Not later than 14 days after the date an
option is purchased pursuant to subsection (a), the
Administrator for Nuclear Security shall submit to the
congressional defense committees--
``(1) a notification of such purchase; and
``(2) a summary of the rationale for such purchase.``.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 3264 the following new item:
``Sec. 3265. Use of funds for the purchase of options to purchase or
lease real property.
SEC. 3124. DETERMINATION OF STANDARDIZED INDIRECT COST
ELEMENTS.
(a) In General.--Not later than March 31, 2025, the Deputy
Chief Financial Officer of the Department of Energy shall, in
consultation with the Administrator for Nuclear Security and
the Director of the Office of Science, determine standardized
indirect cost elements to be reported by contractors to the
Administrator.
(b) Report.--Not later than 90 days after the date that the
determination required by subsection (a) is made, the Deputy
Chief Financial Officer shall, in coordination with the
Administrator and the Director, submit to the congressional
defense committees a report describing the standardized
indirect cost elements determined under subsection (a) and a
plan to require contractors to report, beginning in fiscal
year 2026, such standardized indirect cost elements to the
Administrator.
(c) Standardized Indirect Cost Elements Defined.--In this
section, the term ``standardized indirect cost elements``
means the categories of indirect costs incurred by management
and operating contractors that receive funds to perform work
for the National Nuclear Security Administration.
SEC. 3125. ADJUSTMENT OF MINOR CONSTRUCTION THRESHOLD.
Section 4701 of the Atomic Energy Defense Act (50 U.S.C.
2741) is amended--
(1) in paragraph (1), by inserting ``DOE national security
authorization.--`` before ``The``; and
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Minor construction threshold.--The term `minor
construction threshold` means $25,000,000 (in base fiscal
year 2021 dollars).``.
SEC. 3126. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR
MODIFIED NUCLEAR WEAPONS.
Section 4209 of the Atomic Energy Defense Act (50 U.S.C.
2529) is amended--
(1) in subsection (a)(1), by inserting ``beyond phase 1 or
phase 6.1 (as the case may be) of the nuclear weapon
acquisition process`` after ``modified nuclear weapon``; and
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Budget Request Format.--In a request for funds under
subsection (a), the Secretary shall include a dedicated line
item for each activity described in subsection (a)(2) for a
new nuclear weapon or modified nuclear weapon that is in
phase 2 or higher or phase 6.2 or higher (as the case may be)
of the nuclear weapon acquisition process.``.
SEC. 3127. LIMITATION ON USE OF FUNDS FOR NATIONAL NUCLEAR
SECURITY ADMINISTRATION FACILITY ADVANCED
MANUFACTURING DEVELOPMENT.
(a) In General.--Of the funds authorized to be appropriated
by this Act for fiscal year 2023 for the National Nuclear
Security Administration for advanced manufacturing
development, the Administrator for Nuclear Security may
authorize an amount, not to exceed 5 percent of such funds,
to be used by the director of a nuclear weapons production
facility to engage in research, development, and
demonstration activities in order to maintain and enhance the
engineering and manufacturing capabilities at such facility.
(b) Nuclear Weapons Production Facility Defined.--In this
section, the term ``nuclear weapons production facility``
means any of the following:
[[Page S6171]]
(1) The Kansas City National Security Campus, Kansas City,
Missouri, and any related satellite location.
(2) The Y-12 National Security Complex, Oak Ridge,
Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Site, Aiken, South Carolina.
(5) The Nevada National Security Site, North Las Vegas,
Nevada.
Subtitle D--Other Matters
SEC. 3131. REPEAL OF OBSOLETE PROVISIONS OF THE ATOMIC ENERGY
DEFENSE ACT AND OTHER PROVISIONS.
(a) Repeal of Provisions of the Atomic Energy Defense
Act.--
(1) In general.--The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.) is amended--
(A) in title XLII--
(i) in subtitle A, by striking section 4215; and
(ii) in subtitle B, by striking section 4235; and
(B) in title XLIV--
(i) in subtitle A, by striking section 4403;
(ii) in subtitle C, by striking sections 4444, 4445, and
4446; and
(iii) in subtitle D, by striking section 4454.
(2) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the items
relating to sections 4215, 4235, 4403, 4444, 4445, 4446, and
4454.
(b) Repeal of Other Provisions.--
(1) Authority to use international nuclear materials
protection and cooperation program funds outside the former
soviet union.--Section 3124 of the National Defense
Authorization Act for Fiscal Year 2004 (50 U.S.C. 2568) is
repealed.
(2) Silk road initiative; nuclear nonproliferation
fellowships.--Sections 3133 and 3134 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (50
U.S.C. 2570, 2571) are repealed.
(3) Requirement for research and development plan and
report with respect to nuclear forensics capabilities.--
Section 3114 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (50 U.S.C. 2574) is
repealed.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2023, $41,401,400 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. DELEGATION OF AUTHORITY TO CHAIRPERSON OF DEFENSE
NUCLEAR FACILITIES SAFETY BOARD.
Section 311 of the Atomic Energy Act of 1954 (42 U.S.C.
2286) is amended by striking subsection (e) and inserting the
following new subsection (e):
``(e) Quorum.--
``(1) In general.--Three members of the Board shall
constitute a quorum, but a lesser number may hold hearings.
``(2) Delegation of authority.--
``(A) In general.--Upon a loss of quorum due to vacancy or
incapacity of a member of the Board, the authorities of the
Board under sections 312, 313, 315, and 316 shall be
delegated to the Chairperson.
``(B) Termination of delegation.--Any delegation of
authority under subparagraph (A) shall terminate upon re-
establishment of a quorum.
``(C) Limitations on delegated authority.--If any authority
of the Board has been delegated to the Chairperson under
subparagraph (A) and a member is serving on the Board with
the Chairperson, the Chairperson--
``(i) shall consult with such member before exercising such
delegated authority; and
``(ii) may initiate an investigation or issue a
recommendation to the Secretary of Energy only with the
approval of such member.
``(D) Notification.--The Board shall notify the
congressional defense committees not later than 30 days
before any date on which--
``(i) the Board delegates any authority under subparagraph
(A);
``(ii) the Chairperson exercises such authority; or
``(iii) the Chairperson initiates an investigation or
issues a recommendation to the Secretary of Energy.``.
TITLE LXXXV--MARITIME MATTERS
Subtitle A--Short Title; Authorization of Appropriations for the
Maritime Administration
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 2023``.
SEC. 3502. AUTHORIZATION OF APPROPRIATIONS FOR THE MARITIME
ADMINISTRATION.
(a) Maritime Administration.--There are authorized to be
appropriated to the Department of Transportation for fiscal
year 2023, for programs associated with maintaining the
United States Merchant Marine, the following amounts:
(1) For expenses necessary to support the United States
Merchant Marine Academy, $112,848,000, of which--
(A) $87,848,000 shall be for Academy operations;
(B) $22,000,000 shall be for facilities maintenance and
repair and equipment; and
(C) $3,000,000 shall be for training, staffing, retention,
recruiting, and contract management for United States
Merchant Marine Academy capital improvement projects.
(2) For expenses necessary to support the State maritime
academies, $80,700,000, of which--
(A) $2,400,000 shall be for the Student Incentive Program;
(B) $6,000,000 shall be for direct payments for State
maritime academies;
(C) $6,800,000 shall be for training ship fuel assistance;
(D) $8,080,000 shall be for offsetting the costs of
training ship sharing; and
(E) $30,500,000 shall be for maintenance and repair of
State maritime academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, including funds for
construction and necessary expenses to construct shoreside
infrastructure to support such vessels, $75,000,000.
(4) For expenses necessary to support Maritime
Administration operations and programs, $101,250,000, of
which--
(A) $15,000,000 shall be for the Maritime Environmental and
Technical Assistance program authorized under section 50307
of title 46, United States Code;
(B) $14,819,000 shall be for the Marine Highways Program,
including to make grants as authorized under section 55601 of
title 46, United States Code; and
(C) $67,433,000 shall be for headquarters operations
expenses.
(5) For expenses necessary for the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $6,000,000.
(6) For expenses necessary to maintain and preserve a fleet
of merchant vessels documented under chapter 121 of title 46,
United States Code, to serve the national security needs of
the United States, as authorized under chapter 531 of title
46, United States Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs authorized under
section 54101 of title 46, United States Code, $40,000,000.
(9) For expenses necessary to implement the Port
Infrastructure Development Program, as authorized under
section 54301 of title 46, United States Code, $750,000,000,
to remain available until expended, except that no such funds
authorized under this title for this program may be used to
provide a grant to purchase fully automated cargo handling
equipment that is remotely operated or remotely monitored
with or without the exercise of human intervention or
control, if the Secretary of Transportation determines such
equipment would result in a net loss of jobs within a port or
port terminal. If such a determination is made, the data and
analysis for such determination shall be reported to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives not later than 3 days after
the date of the determination.
(b) Availability of Amounts.--Amounts appropriated--
(1) pursuant to the authority provided in paragraphs
(1)(A), (2)(A), and (4)(A) of subsection (a) shall remain
available through September 30, 2023; and
(2) pursuant to the authority provided in paragraphs
(1)(B), (1)(C), (2)(B), (2)(C), (2)(D), (2)(E), (3), (4)(B),
(4)(C), (5), (6), (7)(A), (7)(B), (8), and (9) of subsection
(a) shall remain available without fiscal year limitation.
(c) Tanker Security Fleet.--
(1) Funding.--Section 53411 of title 46, United States
Code, is amended by striking ``$60,000,000`` and inserting
``$120,000,000``.
(2) Increase in number of vessels.--Section 53403(c) of
title 46, United States Code, is amended by striking ``10``
and inserting ``20``.
Subtitle B--General Provisions
SEC. 3511. STUDY TO INFORM A NATIONAL MARITIME STRATEGY.
(a) In General.--The Secretary of Transportation and the
Secretary of the department in which the Coast Guard is
operating shall enter into an agreement with a studies and
analysis federally funded research and development center
under which such federally funded research and development
center shall conduct a study of the key elements and
objectives needed for a national maritime strategy. The
strategy shall address national objectives, as described in
section 50101 of title 46, United States Code, to ensure--
(1) a capable, commercially viable, militarily useful fleet
of a sufficient number of merchant vessels documented under
chapter 121 of title 46, United States Code;
(2) a robust United States mariner workforce, as described
in section 50101 of title 46, United States Code;
(3) strong United States domestic shipbuilding
infrastructure, and related shipbuilding trades amongst
skilled workers in the United States; and
(4) that the Navy Fleet Auxiliary Force, the National
Defense Reserve Fleet, the Military Sealift Command, the
Maritime Security Program under chapter 531 of title 46,
United States Code, the Tanker Security
[[Page S6172]]
Program under chapter 534 of title 46, United States Code,
and the Cable Security Program under chapter 532 of title 46,
United States Code, currently meet the economic and national
security needs of the United States and would reliably
continue to meet those needs under future economic or
national security emergencies.
(b) Input.--In carrying out the study, the federally funded
research and development center shall solicit input from--
(1) relevant Federal departments and agencies;
(2) nongovernmental organizations;
(3) United States companies;
(4) maritime labor organizations;
(5) commercial industries that depend on United States
mariners;
(6) domestic shipyards regarding shipbuilding and repair
capacity, and the associated skilled workforce, such as the
workforce required for transportation, offshore wind,
fishing, and aquaculture;
(7) providers of maritime workforce training; and
(8) any other relevant organizations.
(c) Elements of the Study.--The study conducted under
subsection (a) shall include consultation with the Department
of Transportation, the Department of Defense, the Department
of Homeland Security, the National Oceanic and Atmospheric
Administration, and other relevant Federal agencies, in the
identification and evaluation of--
(1) incentives, including regulatory changes, needed to
continue to meet the shipbuilding and ship maintenance needs
of the United States for commercial and national security
purposes, including through a review of--
(A) the loans and guarantees program carried out under
chapter 537 of title 46, United States Code, and how the
development of new offshore commercial industries, such as
wind, could be supported through modification of such program
or other Federal programs, and thus also support the United
States sealift in the future;
(B) the barriers to participation in the loans and
guarantees program carried out under chapter 537 of title 46,
United States Code, and how the program may be improved to
facilitate additional shipbuilding activities in the United
States;
(C) the needed resources, human and financial, for such
incentives; and
(D) the current and anticipated number of shipbuilding and
ship maintenance contracts at United States shipyards through
2032, to the extent practicable;
(2) incentives, including regulatory changes, needed to
maintain a commercially viable United States-documented
fleet, which shall include--
(A) an examination of how the preferences under section
2631 of title 10, United States Code, and chapter 553 of
title 46, United States Code, the Maritime Security Program
under chapter 531 of title 46, United States Code, the Tanker
Security Program under chapter 534 of title 46, United States
Code, and the Cable Security Program under chapter 532 of
title 46, United States Code, should be used to further
maintain and grow a United States-documented fleet and the
identification of other incentives that could be used that
may not be authorized at the time of the study;
(B) an estimate of the number and type of commercial ships
needed over the next 30 years; and
(C) estimates of the needed human and financial resources
for such incentives;
(3) the availability of United States mariners, and future
needs, including--
(A) the number of mariners needed for the United States
commercial and national security needs over the next 30
years;
(B) the policies and programs (at the time of the study) to
recruit, train, and retain United States mariners to support
the United States maritime workforce needs during peace time
and at war;
(C) how those programs could be improved to grow the number
of maritime workers trained each year, including how
potential collaboration between the uniformed services, the
United States Merchant Marine Academy, State maritime
academies, maritime labor training centers, and the Centers
of Excellence for Domestic Maritime Workforce Training under
section 51706 of title 46, United States Code, could be used
most effectively; and
(D) estimates of the necessary resources, human and
financial, to implement such programs in each relevant
Federal agency over the next 30 years; and
(4) the interaction among the elements described under
paragraphs (1) through (3).
(d) Public Availability.--The study conducted under
subsection (a) shall be made publicly available on a website
of the Department of Transportation.
SEC. 3512. NATIONAL MARITIME STRATEGY.
(a) In General.--Not later than 6 months after the date of
receipt of the study conducted under section 3511, and every
5 years thereafter, the Secretary of Transportation, in
consultation with the Secretary of the department in which
the Coast Guard is operating and the United States
Transportation Command, shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a national maritime strategy.
(b) Contents.--The strategy required under subsection (a)
shall--
(1) identify--
(A) international policies and Federal regulations and
policies that reduce the competitiveness of United States-
documented vessels with foreign vessels in domestic and
international transportation markets; and
(B) the impact of reduced cargo flow due to reductions in
the number of members of the United States Armed Forces
stationed or deployed outside of the United States; and
(2) include recommendations to--
(A) make United States-documented vessels more competitive
in shipping routes between United States and foreign ports;
(B) increase the use of United States-documented vessels to
carry cargo imported to and exported from the United States;
(C) ensure compliance by Federal agencies with chapter 553
of title 46, United States Code;
(D) increase the use of short sea transportation routes,
including routes designated under section 55601(b) of title
46, United States Code, to enhance intermodal freight
movements;
(E) enhance United States shipbuilding capability;
(F) invest in, and identify gaps in, infrastructure needed
to facilitate the movement of goods at ports and throughout
the transportation system, including innovative physical and
information technologies;
(G) enhance workforce training and recruitment for the
maritime workforce, including training on innovative physical
and information technologies;
(H) increase the resilience of ports and the marine
transportation system;
(I) increase the carriage of government-impelled cargo on
United States-documented vessels pursuant to chapter 553 of
title 46, United States Code, section 2631 of title 10,
United States Code, or otherwise; and
(J) maximize the cost effectiveness of Federal funding for
carriage of non-defense government impelled cargo for the
purposes of maintaining a United States flag fleet for
national and economic security.
(c) Update.--Not later than 6 months after the date of
receipt of the study conducted under section 3511, the
Secretary of Transportation, in consultation with the
Secretary of the department in which the Coast Guard is
operating and the Commander of the United States
Transportation Command, shall--
(1) update the national maritime strategy required by
section 603 of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014 (Public Law 113-281);
(2) submit a report to Congress containing the updated
national maritime strategy; and
(3) make the updated national maritime strategy publicly
available on the website of the Department of Transportation.
(d) Implementation Plan.--Not later than 6 months after
completion of the updated national maritime strategy under
subsection (c), and after the completion of each strategy
thereafter, the Secretary of Transportation, in consultation
with the Secretary of the department in which the Coast Guard
is operating and the Secretary of Defense, shall publish on a
publicly available website an implementation plan for the
most recent national maritime strategy.
SEC. 3513. NEGATIVE DETERMINATION NOTICE.
Section 501(b)(3) 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:
``(D) in the event a waiver referred to in paragraph (1) is
not issued, publish an explanation for not issuing such
waiver on the Internet Web site of the Department of
Transportation not later than 48 hours after notice of such
determination is provided to the Secretary of Transportation,
including applicable findings to support the
determination.``.
Subtitle C--Maritime Infrastructure
SEC. 3521. MARINE HIGHWAYS.
(a) Short Title.--This section may be cited as the ``Marine
Highway Promotion Act``.
(b) Findings.--Congress finds the following:
(1) Our Nation`s waterways are an integral part of the
transportation network of the United States.
(2) Using the Nation`s coastal, inland, and other waterways
can support commercial transportation, can provide maritime
transportation options where no alternative surface
transportation exists, and alleviates surface transportation
congestion and burdensome road and bridge repair costs.
(3) Marine highways are serviced by documented United
States flag vessels and manned by United States citizens,
providing added resources for national security and to aid in
times of crisis.
(4) According to the United States Army Corps of Engineers,
inland navigation is a key element of economics development
and is essential in maintaining economic competitiveness and
national security.
(c) United States Marine Highway Program.--
(1) In general.--Section 55601 of title 46, United States
Code, is amended to read as follows:
``Sec. 55601. United States Marine Highway Program
``(a) Program.--
``(1) Establishment.--The Maritime Administrator shall
establish a Marine Highway Program to be known as the `United
States Marine Highway Program`. Under
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such program, the Maritime Administrator shall--
``(A) designate marine highway routes as extensions of the
surface transportation system under subsection (b); and
``(B) subject to the availability of appropriations, make
grants or enter into contracts or cooperative agreements
under subsection (c).
``(2) Program activities.--In carrying out the Marine
Highway Program established under paragraph (1), the Maritime
Administrator may--
``(A) coordinate with ports, State departments of
transportation, localities, other public agencies, and the
private sector on the development of landside facilities and
infrastructure to support marine highway transportation;
``(B) develop performance measures for such Marine Highway
Program;
``(C) collect and disseminate data for the designation and
delineation of marine highway routes under subsection (b);
and
``(D) conduct research on solutions to impediments to
marine highway services eligible for assistance under
subsection (c)(1).
``(b) Designation of Marine Highway Routes.--
``(1) Authority.--The Maritime Administrator may designate
or modify a marine highway route as an extension of the
surface transportation system if--
``(A) such a designation or modification is requested by--
``(i) the government of a State or territory;
``(ii) a metropolitan planning organization;
``(iii) a port authority;
``(iv) a non-Federal navigation district; or
``(v) a Tribal government; and
``(B) the Maritime Administrator determines such marine
highway route satisfies at least one covered function under
subsection (d).
``(2) Determination.--Not later than 180 days after the
date on which the Maritime Administrator receives a request
for designation or modification of a marine highway route
under paragraph (1), the Maritime Administrator shall make a
determination of whether to make the requested designation or
modification.
``(3) Notification.--Not later than 14 days after the date
on which the Maritime Administrator makes the determination
whether to make the requested designation or modification,
the Maritime Administrator shall send the requester a
notification of the determination.
``(4) Map.--
``(A) In general.--Not later than 120 days after the date
of enactment of the Maritime Administration Authorization Act
for Fiscal Year 2023, and thereafter each time a marine
highway route is designated or modified, the Administrator
shall make publicly available a map showing the location of
marine highway routes, including such routes along the
coasts, in the inland waterways, and at sea.
``(B) Coordination.--The Administrator shall coordinate
with the National Oceanic and Atmospheric Administration to
incorporate the map into the Marine Cadastre.
``(c) Assistance for Marine Highway Services.--
``(1) In general.--The Maritime Administrator may make
grants to, or enter into contracts or cooperative agreements
with, an eligible entity to implement a marine highway
service or component of a marine highway service, if the
Administrator determines the service--
``(A) satisfies at least one covered function under
subsection (d);
``(B) uses vessels documented under chapter 121 of this
title; and
``(C)(i) implements strategies developed under section
55603; or
``(ii) develops, expands, or promotes--
``(I) marine highway transportation services; or
``(II) shipper utilization of marine highway
transportation.
``(2) Eligible entity.--In this subsection, the term
`eligible entity` means--
``(A) a State, a political subdivision of a State, or a
local government;
``(B) a United States metropolitan planning organization;
``(C) a United States port authority;
``(D) a Tribal government in the United States; or
``(E) a United States private sector operator of marine
highway services or private sector owners of facilities with
an endorsement letter from the marine highway route sponsor
described in subsection (b)(1)(A), including an Alaska Native
Corporation.
``(3) Application.--
``(A) In general.--To be eligible to receive a grant or
enter into a contract or cooperative agreement under this
subsection to implement a marine highway service, an eligible
entity shall submit an application in such form and manner,
at such time, and containing such information as the Maritime
Administrator may require, including--
``(i) a comprehensive description of--
``(I) the regions to be served by the marine highway
service;
``(II) the marine highway route that the service will use,
which may include connection to existing or planned
transportation infrastructure and intermodal facilities, key
navigational factors such as available draft, channel width,
bridge air draft, or lock clearance, and any foreseeable
impacts on navigation or commerce, and a map of the proposed
route;
``(III) the marine highway service supporters, which may
include business affiliations, private sector stakeholders,
State departments of transportation, metropolitan planning
organizations, municipalities, or other governmental entities
(including Tribal governments), as applicable;
``(IV) the estimated volume of passengers, if applicable,
or cargo using the service, and predicted changes in such
volume during the 5-year period following the date of the
application;
``(V) the need for the service;
``(VI) the definition of the success goal for the service,
such as volumes of cargo or passengers moved, or contribution
to environmental mitigation, safety, reduced vehicle miles
traveled, or reduced maintenance and repair costs;
``(VII) the methodology for implementing the service,
including a description of the proposed operational framework
of the service including the origin, destination, and any
intermediate stops on the route, transit times, vessel types,
and service frequency; and
``(VIII) any existing programs or arrangements that can be
used to supplement or leverage assistance under the program;
and
``(ii) a demonstration, to the satisfaction of the Maritime
Administrator, that--
``(I) the marine highway service is financially viable;
``(II) the funds or other assistance provided under this
subsection will be spent or used efficiently and effectively;
and
``(III) a market exists for the services of the proposed
marine highway service, as evidenced by contracts or written
statements of intent from potential customers.
``(B) Pre-proposal.--Prior to accepting a full application
under subparagraph (A), the Maritime Administrator may
require that an eligible entity first submit a pre-proposal
that contains a brief description of the items under
subparagraph (A).
``(C) Pre-proposal feedback.--Not later than 30 days after
receiving a pre-proposal, the Maritime Administrator shall
provide feedback to the eligible entity that submitted the
pre-proposal to encourage or discourage the eligible entity
from submitting a full application. An eligible entity may
still submit a full application even if that eligible entity
is not encouraged to do so after submitting a pre-proposal.
``(4) Timing of grant notice.--The Maritime Administrator
shall post a Notice of Funding Opportunity regarding grants,
contracts, or cooperative agreements under this subsection
not more than 60 days after the date of enactment of the
appropriations Act for the fiscal year concerned.
``(5) Grant application feedback.--Following the award of
grants for a particular fiscal year, the Maritime
Administrator may provide feedback to applicants to help
applicants improve future applications if the feedback is
requested by that applicant.
``(6) Timing of grants.--The Maritime Administrator shall
award grants, contracts, or cooperative agreements under this
subsection not later than 270 days after the date of the
enactment of the appropriations Act for the fiscal year
concerned.
``(7) Non-federal share.--
``(A) In general.--An applicant shall provide not less than
20 percent of the costs from non-Federal sources, except as
provided in subparagraph (B).
``(B) Tribal and rural areas.--The Maritime Administrator
may increase the Federal share of service costs above 80
percent for a service located in a Tribal or rural area.
``(C) Tribal government.--The Maritime Administrator may
increase the Federal share of service costs above 80 percent
for a service benefitting a Tribal Government.
``(8) Reuse of unexpended grant funds.--Notwithstanding
paragraph (6), amounts awarded under this subsection that are
not expended by the recipient within 3 years after obligation
of funds or that are returned under paragraph (10)(C) shall
remain available to the Maritime Administrator to make grants
and enter into contracts and cooperative agreements under
this subsection.
``(9) Administrative costs.--Not more than 3 percent of the
total amount made available to carry out this subsection for
any fiscal year may be used for the necessary administrative
costs associated with grants, contracts, and cooperative
agreements made under this subsection.
``(10) Procedural safeguards.--The Maritime Administrator,
in consultation with the Office of the Inspector General,
shall issue guidelines to establish appropriate accounting,
reporting, and review procedures to ensure that--
``(A) amounts made available to carry out this subsection
are used for the purposes for which they were made available;
``(B) recipients of funds under this subsection (including
through grants, contracts, or cooperative agreements) have
properly accounted for all expenditures of such funds; and
``(C) any such funds that are not obligated or expended for
the purposes for which they were made available are returned
to the Administrator.
``(11) Conditions on provision of funds.--The Maritime
Administrator may not award funds to an applicant under this
subsection unless the Maritime Administrator determines
that--
``(A) sufficient funding is available to meet the non-
Federal share requirement of paragraph (7);
``(B) the marine highway service for which such funds are
provided will be completed without unreasonable delay; and
[[Page S6174]]
``(C) the recipient of such funds has authority to
implement the proposed marine highway service.
``(d) Covered Functions.--A covered function under this
subsection is one of the following:
``(1) Promotion of marine highway transportation.
``(2) Provision of a coordinated and capable alternative to
landside transportation.
``(3) Mitigation or relief of landside congestion.
``(e) Prohibited Uses.--Funds awarded under this section
may not be used to--
``(1) raise sunken vessels, construct buildings or other
physical facilities, or acquire land unless such activities
are necessary for the establishment or operation of a marine
highway service implemented using grant funds provided, or
pursuant to a contract or cooperative agreement entered into
under subsection (c); or
``(2) improve port or land-based infrastructure outside the
United States.
``(f) Geographic Distribution.--In making grants,
contracts, and cooperative agreements under this section the
Maritime Administrator shall take such measures so as to
ensure an equitable geographic distribution of funds.
``(g) Audits and Examinations.--All recipients (including
recipients of grants, contracts, and cooperative agreements)
under this section shall maintain such records as the
Maritime Administrator may require and make such records
available for review and audit by the Maritime
Administrator.``.
(2) Rules.--
(A) Final rule.--Not later than 1 year after the date of
enactment of this title, the Secretary of Transportation
shall prescribe such final rules as are necessary to carry
out the amendments made by this subsection.
(B) Interim rules.--The Secretary of Transportation may
prescribe temporary interim rules necessary to carry out the
amendments made by this subsection. For this purpose, the
Maritime Administrator, in prescribing rules under this
subparagraph, is excepted from compliance with the notice and
comment requirements of section 553 of title 5, United States
Code, prior to the effective date of the interim rules. All
interim rules prescribed under the authority of this
subparagraph shall request comment and remain in effect until
such time as the interim rules are superseded by a final
rule, following notice and comment.
(C) Savings clause.--The requirements under section 55601
of title 46, United States Code, as amended by this
subsection, shall take effect only after the interim rule
described in subparagraph (B) is promulgated by the
Secretary.
(d) Multistate, State, and Regional Transportation
Planning.--Chapter 556 of title 46, United States Code, is
amended by inserting after section 55602 the following:
``SEC. 55603. MULTISTATE, STATE, AND REGIONAL TRANSPORTATION
PLANNING.
``(a) In General.--The Maritime Administrator, in
consultation with the heads of other appropriate Federal
departments and agencies, State and local governments, and
appropriate private sector entities, may develop strategies
to encourage the use of marine highway transportation for the
transportation of passengers and cargo.
``(b) Strategies.--If the Maritime Administrator develops
the strategies described in subsection (a), the Maritime
Administrator may--
``(1) assess the extent to which States and local
governments include marine highway transportation and other
marine transportation solutions in transportation planning;
``(2) encourage State departments of transportation to
develop strategies, where appropriate, to incorporate marine
highway transportation, ferries, and other marine
transportation solutions for regional and interstate
transport of freight and passengers in transportation
planning; and
``(3) encourage groups of States and multistate
transportation entities to determine how marine highway
transportation can address congestion, bottlenecks, and other
interstate transportation challenges, including the lack of
alternative surface transportation options.``.
(e) Research on Marine Highway Transportation.--Section
55604 of title 46, United States Code, is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (4) through (6), respectively; and
(2) by inserting before paragraph (4), as redesignated by
paragraph (1), the following new paragraphs:
``(1) the economic importance of marine highway
transportation to the United States economy;
``(2) the importance of marine highway transportation to
rural areas, including the lack of alternative surface
transportation options;
``(3) United States regions and territories, and within-
region areas, that do not yet have marine highway services
underway, but that could benefit from the establishment of
marine highway services;``.
(f) Definitions.--Section 55605 of title 46, United States
Code, is amended to read as follows: ``
``Sec. 55605. Definitions
``In this chapter--
``(1) the term `marine highway transportation` means the
carriage by a documented vessel of cargo (including such
carriage of cargo and passengers), and such cargo--
``(A) is--
``(i) contained in intermodal cargo containers and loaded
by crane on the vessel;
``(ii) loaded on the vessel by means of wheeled technology,
including roll-on roll-off cargo;
``(iii) shipped in discrete units or packages that are
handled individually, palletized, or unitized for purposes of
transportation;
``(iv) bulk, liquid, or loose cargo loaded in tanks, holds,
hoppers, or on deck; or
``(v) freight vehicles carried aboard commuter ferry boats;
and
``(B) is--
``(i) loaded at a port in the United States and unloaded
either at another port in the United States or at a port in
Canada or Mexico; or
``(ii) loaded at a port in Canada or Mexico and unloaded at
a port in the United States;
``(2) the term `marine highway service` means a planned or
contemplated new service, or expansion of an existing
service, on a marine highway route, that seeks to provide new
modal choices to shippers, offer more desirable services,
reduce transportation costs, or provide public benefits;
``(3) the term `marine highway route` means a route on
commercially navigable coastal, inland, or intracoastal
waters of the United States, including connections between
the United States and a port in Canada or Mexico, that is
designated under section 55601(b);
``(4) the term ``Tribal Government`` means the recognized
governing body of any Indian or Alaska Native Tribe, band,
nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of
the date of enactment of the Maritime Administration
Authorization Act for Fiscal Year 2023 pursuant to section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131); and
``(5) the term `Alaska Native Corporation` has the meaning
given the term `Native Corporation` under section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602).``.
(g) Technical Amendments.--
(1) Clerical.--The analysis for chapter 556 of title 46,
United States Code, is amended--
(A) by striking the item relating to section 55601 and
inserting the following:
``55601. United States Marine Highway Program.
(B) by inserting after the item relating to section 55602
the following:
``55603. Multistate, State, and regional transportation planning.
(C) by striking the item relating to section 55605 and
inserting the following:
``55605. Definitions.
(2) Definitions.--Section 53501 of title 46, United States
Code, is amended in paragraph (5)(A)--
(A) in clause (i), by inserting ``and`` after the
semicolon; and
(B) by striking clause (iii).
SEC. 3522. GAO REVIEW OF EFFORTS TO SUPPORT AND GROW THE
UNITED STATES MERCHANT FLEET.
Not later than 18 months after the date of enactment of
this section, the Comptroller General of the United States
shall transmit 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 that examines United States Government
efforts to promote the growth and modernization of the United
States maritime industry, and the vessels of the United
States, as defined in section 116 of title 46, United States
Code, including the overall efficacy of United States
Government financial support and policies, including the
Capital Construction Fund, Construction Reserve Fund, and
other eligible loan, grant, or other programs.
SEC. 3523. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT
INFRASTRUCTURE RESILIENCY AND DISASTER
PREPAREDNESS.
Not later than 18 months after the date of enactment of
this section, the Comptroller General of the United States
shall transmit 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 that examines Federal efforts to assist ports
in enhancing the resiliency of their key intermodal
connectors to weather-related disasters. The report shall
include consideration of the following:
(1) Actions being undertaken at various ports to better
identify critical land-side connectors that may be vulnerable
to disruption in the event of a natural disaster, including
how to communicate such information during a disaster when
communications systems may be compromised, and the level of
Federal involvement in such efforts.
(2) The extent to which the Department of Transportation
and other Federal agencies are working in line with recent
recommendations from key resiliency reports, including the
National Academies of Science study on strengthening supply
chain resilience, to establish a framework for ports to
follow to increase resiliency to major weather-related
disruptions before they happen.
(3) The extent to which the Department of Transportation or
other Federal agencies have provided funds to ports for
resiliency-related projects.
(4) The extent to which Federal agencies have a coordinated
approach to helping ports
[[Page S6175]]
and the multiple State, local, Tribal, and private
stakeholders involved, to improve resiliency prior to
weather-related disasters.
SEC. 3524. STUDY ON FOREIGN INVESTMENT IN SHIPPING.
(a) Assessment.--Subject to appropriations, the Under
Secretary of Commerce for International Trade (referred to in
this section as the ``Under Secretary``) in coordination with
Maritime Administration, the Federal Maritime Commission, and
other relevant agencies shall conduct an assessment of
subsidies, indirect state support, and other financial
infrastructure or benefits provided by foreign states that
control more than 1 percent of the world merchant fleet to
entities or individuals building, owning, chartering,
operating, or financing vessels not documented under the laws
of the United States that are engaged in foreign commerce.
(b) Report.--Not later than 1 year after the date of
enactment of this section, the Under Secretary shall submit
to the appropriate committees of Congress, as defined in
section 3538, a report on the assessment conducted under
subsection (a), including--
(1) the amount, in United States dollars, of such support
provided by a foreign state described in subsection (a) to--
(A) the shipping industry of each country as a whole;
(B) the shipping industry as a percent of gross domestic
product of each country; and
(C) each ship on average, by ship type for cargo, tanker,
and bulk;
(2) the amount, in United States dollars, of such support
provided by a foreign state described in subsection (a) to
the shipping industry of another foreign state, including
favorable financial arrangements for ship construction;
(3) a description of the shipping industry activities of
state-owned enterprises of a foreign state described in
subsection (a);
(4) a description of the type of support provided by a
foreign state described in subsection (a), including tax
relief, direct payment, indirect support of state-controlled
financial entities, or other such support, as determined by
the Under Secretary; and
(5) a description of how the subsidies provided by a
foreign state described in subsection (a) may be
disadvantaging the competitiveness of vessels documented
under the laws of the United States that are engaged in
foreign commerce and the national security of the United
States.
(c) Definitions.--In this section:
(1) Foreign commerce.--The term ``foreign commerce``
means--
(A) commerce or trade between the United States, its
territories or possessions, or the District of Columbia, and
a foreign country;
(B) commerce or trade between foreign countries; or
(C) commerce or trade within a foreign country.
(2) Foreign state.--The term ``foreign state`` has the
meaning given the term in section 1603(a) of title 28, United
States Code.
(3) Shipping industry.--The term ``shipping industry``
means the construction, ownership, chartering, operation, or
financing of vessels engaged in foreign commerce.
SEC. 3525. REPORT REGARDING ALTERNATE MARINE FUEL BUNKERING
FACILITIES AT PORTS.
(a) In General.--Not later than 1 year after the date of
enactment of this title, the Maritime Administrator shall
report on the necessary port-related infrastructure needed to
support bunkering facilities for liquefied natural gas,
hydrogen, ammonia, or other new marine fuels under
development. The Maritime Administrator shall publish the
report on a publicly available website.
(b) Contents.--The report described in subsection (a) shall
include--
(1) information about the existing United States
infrastructure, in particular the storage facilities,
bunkering vessels, and transfer systems to support bunkering
facilities for liquefied natural gas, hydrogen, ammonia, or
other new marine fuels under development;
(2) a review of the needed upgrades to United States
infrastructure, including storage facilities, bunkering
vessels, and transfer systems, to support bunkering
facilities for liquefied natural gas, hydrogen, ammonia, or
other new marine fuels under development;
(3) an assessment of the estimated Government investment in
this infrastructure and the duration of that investment; and
(4) in consultation with relevant Federal agencies,
information on the relevant Federal agencies that would
oversee the permitting and construction of bunkering
facilities for liquefied natural gas, hydrogen, ammonia, or
other new marine fuels, as well as the Federal funding grants
or formula programs that could be used for such marine fuels.
SEC. 3526. STUDY OF CYBERSECURITY AND NATIONAL SECURITY
THREATS POSED BY FOREIGN MANUFACTURED CRANES AT
UNITED STATES PORTS.
The Administrator of the Maritime Administration shall--
(1) 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;
(2) submit, not later than 1 year after the date of
enactment of this title, an unclassified report on the study
described in paragraph (1) to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Armed Services of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Armed Services of
the House of Representatives; and
(3) if determined necessary by the Administrator, the
Secretary of Homeland Security, or the Secretary Defense,
submit a classified report on the study described in
paragraph (1) to the committees described in paragraph (2).
SEC. 3527. PROJECT SELECTION CRITERIA FOR PORT INFRASTRUCTURE
DEVELOPMENT PROGRAM.
Section 54301(a)(6) of title 46, United States Code, is
amended by adding at the end the following:
``(C) Considerations for noncontiguous states and
territories.--In considering the criteria under subparagraphs
(A)(ii) and (B)(ii) for selecting a project described in
paragraph (3), in the case the proposed project is located in
a noncontiguous State or territory, the Secretary may take
into account the geographic isolation of the State or
territory and the economic dependence of the State or
territory on the proposed project.``.
SEC. 3528. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE
REPORT ON STRATEGIC SEAPORTS.
Section 54301(a)(6) of title 46, United States Code, is
amended by adding at the end the following:
``(D) Infrastructure improvements identified in the report
on strategic seaports.--In selecting projects described in
paragraph (3) for funding under this subsection, the
Secretary may consider infrastructure improvements identified
in the report on strategic seaports required by section 3515
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1985) that would improve
the commercial operations of those seaports.``.
Subtitle D--Maritime Workforce
SEC. 3531. SENSE OF CONGRESS ON MERCHANT MARINE.
It is the sense of Congress that the United States Merchant
Marine is a critical part of the national infrastructure of
the United States, and the men and women of the United States
Merchant Marine are essential workers.
SEC. 3532. ENSURING DIVERSE MARINER RECRUITMENT.
Not later than 6 months after the date of enactment of this
section, the Secretary of Transportation shall develop and
deliver to Congress a strategy to assist State maritime
academies and the United States Merchant Marine Academy to
improve the representation of women and underrepresented
communities in the next generation of the mariner workforce,
including each of the following:
(1) Black and African American.
(2) Hispanic and Latino.
(3) Asian.
(4) American Indian, Alaska Native, and Native Hawaiian.
(5) Pacific Islander.
SEC. 3533. LOW EMISSIONS VESSELS TRAINING.
(a) Development of Strategy.--The Secretary of
Transportation, in consultation with the United States
Merchant Marine Academy, State maritime academies, civilian
nautical schools, and the Secretary of the department in
which Coast Guard is operating, shall develop a strategy to
ensure there is an adequate supply of trained United States
citizen mariners sufficient to meet the operational
requirements of low and zero emission vessels. Implementation
of the strategy shall aim to increase the supply of trained
United States citizen mariners sufficient to meet the needs
of the maritime industry and ensure continued investment in
training for mariners serving on conventional fuel vessels.
(b) Report.--Not later than 6 months after the date the
Secretary of Transportation determines that there is
commercially viable technology for low and zero emission
vessels, the Secretary of Transportation shall--
(1) submit a report on the strategy developed under
subsection (a) and plans for its implementation to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives; and
(2) make such report publicly available.
SEC. 3534. IMPROVING PROTECTIONS FOR MIDSHIPMEN ACT.
(a) Short Title.--This section may be cited as the
``Improving Protections for Midshipmen Act``.
(b) Suspension or Revocation of Merchant Mariner
Credentials for Perpetrators of Sexual Harassment or Sexual
Assault.--
(1) 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 10 years before the beginning of the suspension
and revocation proceedings, is the subject of a substantiated
claim of sexual harassment, then the license, certificate of
registry, or merchant mariner`s document shall be suspended
or revoked.
[[Page S6176]]
``(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 20 years before the beginning of the suspension
and revocation proceedings, is the subject of a substantiated
claim of sexual assault, then the license, certificate of
registry, or merchant mariner`s document shall be revoked.
``(c) Substantiated Claim.--
``(1) In general.--The term `substantiated claim` means--
``(A) a legal proceeding or agency action in any
administrative proceeding that determines the individual
committed sexual harassment or sexual assault in violation of
any Federal, State, local, or Tribal law or regulation and
for which all appeals have been exhausted, as applicable; or
``(B) a determination after an investigation by the Coast
Guard that it is more likely than not the individual
committed sexual harassment or sexual assault as defined in
subsection (d), if the determination affords appropriate due
process rights to the subject of the investigation.
``(2) Additional review.--A license, certificate of
registry, or merchant mariner`s document shall not be
suspended or revoked under subsection (a) or (b) unless the
substantiated claim is reviewed and affirmed, in accordance
with the applicable definition in subsection (d), by an
administrative law judge at the same suspension or revocation
hearing under this chapter described in subsection (a) or
(b), as applicable.
``(d) Definitions.--
``(1) Sexual harassment.--The term `sexual harassment`
means any of the following:
``(A) Conduct that--
``(i) involves unwelcome sexual advances, requests for
sexual favors, or deliberate or repeated offensive comments
or gestures of a sexual nature, when--
``(I) submission to such conduct is made either explicitly
or implicitly a term or condition of a person`s job, pay, or
career;
``(II) submission to or rejection of such conduct by a
person is used as a basis for career or employment decisions
affecting that person;
``(III) such conduct has the purpose or effect of
unreasonably interfering with an individual`s work
performance or creates an intimidating, hostile, or offensive
working environment; or
``(IV) conduct may have been by a person`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, by any person in a
supervisory or command position, of any form of sexual
behavior to control, influence, or affect the career, pay, or
job of a subordinate.
``(C) Any deliberate or repeated unwelcome verbal comment
or gesture of a sexual nature by any fellow employee of the
complainant.
``(2) Sexual assault.--The term `sexual assault` means any
form of abuse or contact as defined in chapter 109A of title
18.
``(e) Regulations.--The Secretary of the department in
which the Coast Guard is operating may issue further
regulations as necessary to update the definitions in this
section, consistent with descriptions of sexual harassment
and sexual assault addressed in titles 10 and title 18 to
implement this section.``.
(c) Clerical Amendment.--The chapter analysis of ? chapter
77 of title 46, United States Code, is amended by inserting
after the item relating to section 7704 the following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.
(d) Supporting the United States Merchant Marine Academy.--
(1) In general.--? Chapter 513 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 51325. Sexual assault and sexual harassment prevention
information management system
``(a) Information Management System.--
``(1) In general.--Not later than January 1, 2023, the
Maritime Administrator shall establish an information
management system to track and maintain, in such a manner
that patterns can be reasonably identified, information
regarding claims and incidents involving cadets that are
reportable pursuant to subsection (d) of section 51318 of
this chapter.
``(2) Information maintained in the system.--Information
maintained in the system shall include the following
information, to the extent that information is available:
``(A) The overall number of sexual assault or sexual
harassment incidents per fiscal year.
``(B) The location of each such incident, including vessel
name and the name of the company operating the vessel, if
applicable.
``(C) The names and ranks of the individuals involved in
each such incident.
``(D) The general nature of each such incident, to include
copies of any associated reports completed on the incidents.
``(E) The type of inquiry made into each such incident.
``(F) A determination as to whether each such incident is
substantiated.
``(G) Any informal and formal accountability measures taken
for misconduct related to the incident, including decisions
on whether to prosecute the case.
``(3) Past information included.--The information
management system under this section shall include the
relevant data listed in this subsection related to sexual
assault and sexual harassment that the Maritime Administrator
possesses, and shall not be limited to data collected after
January 1, 2023.
``(4) Privacy protections.--The Maritime Administrator and
the Department of Transportation Chief Information Officer
shall coordinate to ensure that the information management
system under this section shall be established and maintained
in a secure fashion to ensure the protection of the privacy
of any individuals whose information is entered in such
system.
``(5) Cybersecurity audit.--Ninety days after the
implementation of the information management system, the
Office of Inspector General of the Department of
Transportation shall commence an audit of the cybersecurity
of the system and shall submit a report containing the
results of that audit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(6) Correcting records.--In establishing the information
management system, the Maritime Administrator shall create a
process to ensure that if any incident report results in a
final agency action or final judgement that acquits an
individual of wrongdoing, all personally identifiable
information about the acquitted individual is removed from
that incident report in the system.
``(b) Sea Year Program.--The Maritime Administrator shall
provide for the establishment of in-person and virtual
confidential exit interviews, to be conducted by personnel
who are not involved in the assignment of the midshipmen to a
Sea Year vessel, for midshipmen from the Academy upon
completion of Sea Year and following completion by the
midshipmen of the survey under section 51322(d).
``(c) Data-informed Decisionmaking.--The data maintained in
the data management system under subsection (a) and through
the exit interviews under subsection (b) shall be
affirmatively referenced and used to inform the creation of
new policy or regulation, or changes to any existing policy
or regulation, in the areas of sexual harassment, dating
violence, domestic violence, sexual assault, and stalking.
``Sec. 51326. Student advisory board at the United States
Merchant Marine Academy
``(a) In General.--The Maritime Administrator shall
establish at the United States Merchant Marine Academy an
advisory board to be known as the Advisory Board to the
Secretary of Transportation (referred to in this section as
the `Advisory Board`).
``(b) Membership.--The Advisory Board shall be composed of
not fewer than 12 midshipmen of the Merchant Marine Academy
who are enrolled at the Merchant Marine Academy at the time
of the appointment, including not fewer than 3 cadets from
each class.
``(c) Appointment; Term.--Midshipmen shall serve on the
Advisory Board pursuant to appointment by the Maritime
Administrator. Appointments shall be made not later than 60
days after the date of the swearing in of a new class of
midshipmen at the Academy. The term of membership of a
midshipmen on the Advisory Board shall be 1 academic year.
``(d) Reappointment.--The Maritime Administrator may
reappoint not more than 6 cadets from the previous term to
serve on the Advisory Board for an additional academic year
if the Maritime Administrator determines such reappointment
to be in the best interests of the Merchant Marine Academy.
``(e) Meetings.--The Advisory Board shall meet with the
Secretary of Transportation not less than once each academic
year to discuss the activities of the Advisory Board. The
Advisory Board shall meet in person with the Maritime
Administrator not less than 2 times each academic year to
discuss the activities of the Advisory Board.
``(f) Duties.--The Advisory Board shall--
``(1) identify health and wellbeing, diversity, and sexual
assault and harassment challenges and other topics considered
important by the Advisory Board facing midshipmen at the
Merchant Marine Academy, off campus, and while aboard ships
during Sea Year or other training opportunities;
``(2) discuss and propose possible solutions, including
improvements to culture and leadership development at the
Merchant Marine Academy; and
``(3) periodically review the efficacy of the program in
section 51325(b), as appropriate, and provide recommendations
to the Maritime Administrator for improvement.
``(g) Working Groups.--The Advisory Board may establish one
or more working groups to assist the Advisory Board in
carrying out its duties, including working groups composed in
part of midshipmen at the Merchant Marine Academy who are not
current members of the Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall
regularly provide the Secretary of Transportation and the
Maritime Administrator reports and briefings on the results
of its duties, including recommendations for actions to be
taken in light of such results. Such reports and briefings
may be provided in writing, in person, or both.
[[Page S6177]]
``Sec. 51327. Sexual Assault Advisory Council
``(a) Establishment.--The Secretary of Transportation shall
establish a Sexual Assault Advisory Council (in this section
referred to as the `Council`).
``(b) Membership.--
``(1) In general.--The Council shall be composed of not
fewer than 8 and not more than 14 individuals selected by the
Secretary of Transportation who are alumni that have
graduated within the last 4 years or current midshipmen of
the United States Merchant Marine Academy (including
midshipmen or alumni who were victims of sexual assault, to
the maximum extent practicable, and midshipmen or alumni who
were not victims of sexual assault) and governmental and
nongovernmental experts and professionals in the sexual
assault field.
``(2) Experts included.--The Council shall include--
``(A) not less than 1 member who is licensed in the field
of mental health and has prior experience working as a
counselor or therapist providing mental health care to
survivors of sexual assault in a victim services agency or
organization; and
``(B) not less than 1 member who has prior experience
developing or implementing sexual assault or sexual
harassment prevention and response policies in an academic
setting.
``(3) Rules regarding membership.--No employee of the
Department of Transportation shall be a member of the
Council. The number of governmental experts appointed to the
Council shall not exceed the number of nongovernmental
experts.
``(c) Duties; Authorized Activities.--
``(1) In general.--The Council shall meet not less often
than semiannually to--
``(A) review--
``(i) the policies on sexual harassment, dating violence,
domestic violence, sexual assault, and stalking under section
51318 of this title;
``(ii) the trends and patterns of data contained in the
system described under section 51325 of this title; and
``(iii) related matters the Council views as appropriate;
and
``(B) develop recommendations designed to ensure that such
policies and such matters conform, to the extent practicable,
to best practices in the field of sexual assault and sexual
harassment response and prevention.
``(2) Authorized activities.--To carry out this subsection,
the Council may--
``(A) conduct case reviews, as appropriate and only with
the consent of the victim of sexual assault or harassment;
``(B) interview current and former midshipmen of the United
States Merchant Marine Academy (to the extent that such
midshipmen provide the Department of Transportation express
consent to be interviewed by the Council); and
``(C) review--
``(i) exit interviews under section 51325(b) and surveys
under section 51322(d);
``(ii) data collected from restricted reporting; and
``(iii) any other information necessary to conduct such
case reviews.
``(3) Personally identifiable information.--In carrying out
this subsection, the Council shall comply with the
obligations of the Department of Transportation to protect
personally identifiable information.
``(d) Reports.--On an annual basis for each of the 5 years
after the date of enactment of this section, and at the
discretion of the Council thereafter, the Council shall
submit, to the President and the Committee on Commerce,
Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives, a report on
the Council`s findings based on the reviews conducted
pursuant to subsection (c) and related recommendations.
``(e) Employee Status.--Members of the Council shall not be
considered employees of the United States Government for any
purpose and shall not receive compensation other than
reimbursement of travel expenses and per diem allowance in
accordance with section 5703 of title 5.
``(f) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.
``Sec. 51328. Student support
``The Maritime Administrator shall--
``(1) require a biannual survey of midshipmen, faculty, and
staff of the Academy assessing the inclusiveness of the
environment of the Academy; and
``(2) require an annual survey of faculty and staff of the
Academy assessing the inclusiveness of the environment of the
Sea Year program.``.
(e) Report to Congress.--Not later than 30 days after the
date of enactment of this section, the Maritime Administrator
shall provide Congress with a briefing on the resources
necessary to properly implement section 51328 of title 46,
United States Code, as added by this section.
(f) Conforming Amendments.--The chapter analysis for ?
chapter 513 of title 46, United States Code, is amended by
adding at the end the following:
``51325. Sexual assault and sexual harassment prevention information
management system.
``51326. Student advisory board at the United States Merchant Marine
Academy.
``51327. Sexual Assault Advisory Council.
``51328. Student support.
(g) United States Merchant Marine Academy Student Support
Plan.--
(1) Student support plan.--Not later than January 1, 2023,
the Maritime Administrator shall issue a Student Support Plan
for the United States Merchant Marine Academy, in
consultation with relevant mental health professionals in the
Federal Government or experienced with the maritime industry
or related industries. Such plan shall--
(A) address the mental health resources available to
midshipmen, both on-campus and during Sea Year;
(B) establish a tracking system for suicidal ideations and
suicide attempts of midshipmen, which excludes personally
identifiable information;
(C) create an option for midshipmen to obtain assistance
from a professional care provider virtually; and
(D) require an annual survey of faculty and staff assessing
the adequacy of mental health resources for midshipmen of the
Academy, both on campus and during Sea Year.
(2) Report to congress.--Not later than 30 days after the
date of enactment of this section, the Maritime Administrator
shall provide Congress with a report on the resources
necessary to properly implement this subsection.
(h) Special Victims Advisor.--Section 51319 of title 46,
United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Special Victims Advisor.--
``(1) In general.--The Secretary shall designate an
attorney (to be known as the `Special Victims Advisor`) for
the purpose of providing legal assistance to any cadet of the
Academy who is the victim of an alleged sex-related offense
regarding administrative and criminal proceedings related to
such offense, regardless of whether the report of that
offense is restricted or unrestricted.
``(2) Special victims advisory.--The Secretary shall ensure
that the attorney designated as the Special Victims Advisor
has knowledge of the Uniform Code of Military Justice, as
well as criminal and civil law.
``(3) Privileged communications.--Any communications
between a victim of an alleged sex-related offense and the
Special Victim Advisor, when acting in their capacity as
such, shall have the same protection that applicable law
provides for confidential attorney-client communications.``;
and
(3) by adding at the end the following:
``(e) Unfilled Vacancies.--The Administrator of the
Maritime Administration may appoint qualified candidates to
positions under subsections (a) and (d) of this section
without regard to sections 3309 through 3319 of title 5.``.
(i) Catch a Serial Offender Assessment.--
(1) Assessment.--Not later than one year after the date of
enactment of this section, the Commandant of the Coast Guard,
in coordination with the Maritime Administrator, shall
conduct an assessment of the feasibility and process
necessary, and appropriate responsible entities to establish
a program for the United States Merchant Marine Academy and
United States Merchant Marine modeled on the Catch a Serial
Offender program of the Department of Defense using the
information management system required under subsection (a)
of section 51325 of title 46, United States Code, and the
exit interviews under subsection (b) of such section.
(2) Legislative change proposals.--If, as a result of the
assessment required by paragraph (1), the Commandant or the
Administrator determines that additional authority is
necessary to implement the program described in paragraph
(1), the Commandant or the Administrator, as applicable,
shall provide appropriate legislative change proposals to
Congress.
(j) Shipboard Training.--Section 51322(a) of title 46,
United States Code, is amended by adding at the end the
following:
``(3) Training.--
``(A) In general.--As part of training that shall be
provided not less than semiannually to all midshipmen of the
Academy, pursuant to section 51318, the Maritime
Administrator shall develop and implement comprehensive in-
person sexual assault risk-reduction and response training
that, to the extent practicable, conforms to best practices
in the sexual assault prevention and response field and
includes appropriate scenario-based training.
``(B) Development and consultation with experts.--In
developing the sexual assault risk-reduction and response
training under subparagraph (A), the Maritime Administrator
shall consult with and incorporate, as appropriate, the
recommendations and views of experts in the sexual assault
field.``.
SEC. 3535. BOARD OF VISITORS.
Section 51312 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by redesignating subparagraph (C) as subparagraph (D);
(ii) in subparagraph (D), as redesignated by clause (i), by
striking ``flag-rank who`` and inserting ``flag-rank``;
(iii) in subparagraph (B), by striking ``and`` after the
semicolon; and
(iv) by inserting after subparagraph (B) the following:
``(C) at least 1 shall be a representative of a maritime
labor organization; and``; and
[[Page S6178]]
(B) in paragraph (3), by adding at the end the following:
``(C) Replacement.--If a member of the Board is replaced,
not later than 60 days after the date of the replacement, the
Designated Federal Officer selected under subsection (g)(2)
shall notify that member.``;
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``and 2 additional
meetings, which may be held in person or virtually`` after
``Academy``; and
(B) by adding at the end the following:
``(3) Scheduling; notification.--When scheduling a meeting
of the Board, the Designated Federal Officer shall
coordinate, to the greatest extent practicable, with the
members of the Board to determine the date and time of the
meeting. Members of the Board shall be notified of the date
of each meeting not less than 30 days prior to the meeting
date.``;
(3) in subsection (e), by adding at the end the following:
``(4) Staff.--One or more staff of each member of the Board
may accompany them on Academy visits.
``(5) Scheduling; notification.--When scheduling a visit to
the Academy, the Designated Federal Officer shall coordinate,
to the greatest extent practicable, with the members of the
Board to determine the date and time of the visit. Members of
the Board shall be notified of the date of each visit not
less than 30 days prior to the visit date.``; and
(4) in subsection (h)--
(A) by inserting ``and ranking member`` after ``chairman``
each place the term appears; and
(B) by adding at the end the following: ``Such staff may
attend meetings and may visit the Academy.``.
SEC. 3536. MARITIME TECHNICAL ADVANCEMENT ACT.
(a) Short Title.--This section may be cited as the
``Maritime Technological Advancement Act of 2022``.
(b) Centers of Excellence for Domestic Maritime
Workforce.--Section 51706 of title 46, United States Code, is
amended--
(1) in subsection (a), by striking ``of Transportation``;
(2) in subsection (b), in the subsection heading, by
striking ``Assistance `` and inserting ``Cooperative
Agreements``;
(3) by redesignating subsection (c) as subsection (d);
(4) in subsection (d), as redesignated by paragraph (2), by
adding at the end the following:
``(3) Secretary.--The term `Secretary` means the Secretary
of Transportation.``; and
(5) by inserting after subsection (b) the following:
``(c) Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Administrator.--The term `Administrator` means the
Administrator of the Maritime Administration.
``(B) Eligible institution.--The term `eligible
institution` means an institution that has a demonstrated
record of success in training and is--
``(i) a postsecondary educational institution (as defined
in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)) that offers a 2-year
program of study or a 1-year program of training;
``(ii) a postsecondary vocational institution (as defined
under section 102(c) of the Higher Education Act of 1965 (20
U.S.C. 1002(c));
``(iii) a public or private nonprofit entity that offers 1
or more other structured experiential learning training
programs for American workers in the United States maritime
industry, including a program that is offered by a labor
organization or conducted in partnership with a nonprofit
organization or 1 or more employers in the maritime industry;
or
``(iv) an entity sponsoring a registered apprenticeship
program.
``(C) Registered apprenticeship program.--The term
`registered apprenticeship program` means an apprenticeship
program registered with the Office of Apprenticeship of the
Employment and Training Administration of the Department of
Labor or a State apprenticeship agency recognized by the
Office of Apprenticeship pursuant to the Act of August 16,
1937 (commonly known as the `National Apprenticeship Act`; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
``(D) United states maritime industry.--The term `United
States maritime industry` means all segments of the maritime-
related transportation system of the United States, both in
domestic and foreign trade, and in coastal, offshore, and
inland waters, as well as non-commercial maritime activities,
such as pleasure boating and marine sciences (including all
scientific research vessels), and all of the industries that
support or depend upon such uses, including--
``(i) vessel construction and repair;
``(ii) vessel operations;
``(iii) ship logistics supply;
``(iv) berthing;
``(v) port operations;
``(vi) port intermodal operations;
``(vii) marine terminal operations;
``(viii) vessel design;
``(ix) marine brokerage;
``(x) marine insurance;
``(xi) marine financing;
``(xii) chartering;
``(xiii) marine-oriented supply chain operations;
``(xiv) offshore industry;
``(xv) offshore wind construction, operation, and repair;
and
``(xvi) maritime-oriented research and development.
``(2) Grant authorization.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Maritime Technological Advancement Act of
2022, the Administrator shall award maritime career training
grants to eligible institutions for the purpose of
developing, offering, or improving educational or career
training programs for American workers related to the
maritime workforce.
``(B) Guidelines.--Not later than 1 year after the date of
enactment of the Maritime Technological Advancement Act of
2022, the Administrator shall--
``(i) promulgate guidelines for the submission of grant
proposals under this subsection; and
``(ii) publish and maintain such guidelines on the website
of the Maritime Administration.
``(3) Limitations.--The Administrator may not award a grant
under this subsection in an amount that is more than
$12,000,000.
``(4) Required information.--
``(A) In general.--An eligible institution that desires to
receive a grant under this subsection shall submit to the
Administrator a grant proposal that includes a detailed
description of--
``(i) the specific project for which the grant proposal is
submitted, including the manner in which the grant will be
used to develop, offer, or improve an educational or career
training program that is suited to maritime industry workers;
``(ii) the extent to which the project for which the grant
proposal is submitted will meet the educational or career
training needs of maritime workers in the community served by
the eligible institution, particularly any individuals with a
barrier to employment;
``(iii) the extent to which the project for which the grant
proposal is submitted fits within any overall strategic plan
developed by an eligible community; and
``(iv) any previous experience of the eligible institution
in providing maritime educational or career training
programs.
``(B) Community outreach required.--In order to be
considered by the Administrator, a grant proposal submitted
by an eligible institution under this subsection shall--
``(i) demonstrate that the eligible institution--
``(I) reached out to employers to identify--
``(aa) any shortcomings in existing maritime educational
and career training opportunities available to workers in the
community; and
``(bb) any future employment opportunities within the
community and the educational and career training skills
required for workers to meet the future maritime employment
demand; and
``(II) reached out to other similarly situated institutions
in an effort to benefit from any best practices that may be
shared with respect to providing maritime educational or
career training programs to workers eligible for training;
and
``(ii) include a detailed description of--
``(I) the extent and outcome of the outreach conducted
under clause (i);
``(II) the extent to which the project for which the grant
proposal is submitted will contribute to meeting any
shortcomings identified under clause (i)(I)(aa) or any
maritime educational or career training needs identified
under clause (i)(I)(bb); and
``(III) the extent to which employers, including small- and
medium-sized firms within the community, have expressed an
interest in employing workers who would benefit from the
project for which the grant proposal is submitted.
``(5) Criteria for award of grants.--Subject to the
appropriation of funds, the Administrator shall award a grant
under this subsection based on--
``(A) a determination of the merits of the grant proposal
submitted by the eligible institution to develop, offer, or
improve maritime educational or career training programs to
be made available to workers;
``(B) an evaluation of the likely employment opportunities
available to workers who complete a maritime educational or
career training program that the eligible institution
proposes to develop, offer, or improve;
``(C) an evaluation of prior demand for training programs
by workers in the community served by the eligible
institution, as well as the availability and capacity of
existing maritime training programs to meet future demand for
training programs;
``(D) any prior designation of an institution as a Center
of Excellence for Domestic Maritime Workforce Training and
Education; and
``(E) an evaluation of the previous experience of the
eligible institution in providing maritime educational or
career training programs.
``(6) Competitive awards.--
``(A) In general.--The Administrator shall award grants
under this subsection to eligible institutions on a
competitive basis in accordance with guidelines and
requirements established by the Administrator under paragraph
(2)(B).
``(B) Timing of grant notice.--The Administrator shall post
a Notice of Funding Opportunity regarding grants awarded
under this subsection not more than 90 days after the date of
enactment of the appropriations Act for the fiscal year
concerned.
[[Page S6179]]
``(C) Timing of grants.--The Administrator shall award
grants under this subsection not later than 270 days after
the date of the enactment of the appropriations Act for the
fiscal year concerned.
``(D) Application of requirements.--The requirements under
subparagraphs (B) and (C) shall not apply until the
guidelines required under paragraph (2)(B) have been
promulgated.
``(E) Reuse of unexpended grant funds.--Notwithstanding
subparagraph (C), amounts awarded as a grant under this
subsection that are not expended by the grantee shall remain
available to the Administrator for use for grants under this
subsection.
``(F) Administrative costs.--Not more than 3 percent of
amounts made available to carry out this subsection may be
used for the necessary costs of grant administration.
``(7) Eligible uses of grant funds.--An eligible
institution receiving a grant under this subsection--
``(A) shall carry out activities that are identified as
priorities for the purpose of developing, offering, or
improving educational or career training programs for the
United States maritime industry workforce;
``(B) shall provide training to upgrade the skills of the
United States maritime industry workforce, including training
to acquire covered requirements as well as technical skills
training for jobs in the United States maritime industry; and
``(C) may use the grant funds to--
``(i) admit additional students to maritime training
programs;
``(ii) develop, establish, and annually update viable
training capacity, courses, and mechanisms to rapidly upgrade
skills and perform assessments of merchant mariners during
time of war or a national emergency, and to increase
credentials for domestic or defense needs where training can
decrease the gap in the numbers of qualified mariners for
sealift;
``(iii) provide services to upgrade the skills of United
States offshore wind marine service workers who transport,
install, operate, construct, erect, repair, or maintain
offshore wind components and turbines, including training,
curriculum and career pathway development, on-the-job
training, safety and health training, and classroom training;
``(iv) expand existing or create new maritime training
programs, including through partnerships and memoranda of
understanding with--
``(I) 4-year institutions of higher education;
``(II) labor organizations;
``(III) registered apprenticeship programs with the United
States maritime industry; or
``(IV) an entity described in subclause (I ) through (III)
that has a memorandum of understanding with 1 or more
employers in the maritime industry;
``(v) create new maritime pathways or expand existing
maritime pathways;
``(vi) expand existing or create new training programs for
transitioning military veterans to careers in the United
States maritime industry;
``(vii) expand existing or create new training programs
that address the needs of individuals with a barrier to
employment, as determined by the Secretary in consultation
with the Secretary of Labor, in the United States maritime
industry;
``(viii) purchase, construct, develop, expand, or improve
training facilities, buildings, and equipment to deliver
maritime training programs;
``(ix) recruit and train additional faculty to expand the
maritime training programs offered by the institution;
``(x) provide financial assistance through scholarships or
tuition waivers, not to exceed the applicable tuition
expenses associated with the covered programs;
``(xi) promote the use of distance learning that enables
students to take courses through the use of teleconferencing,
the Internet, and other media technology;
``(xii) assist in providing services to address maritime
workforce recruitment and training of youth residing in
targeted high-poverty areas within empowerment zones and
enterprise communities;
``(xiii) implement partnerships with national and regional
organizations with special expertise in developing,
organizing, and administering maritime workforce recruitment
and training services;
``(xiv) carry out customized training in conjunction with--
``(I) an existing registered apprenticeship program or a
pre-apprenticeship program that articulates to a registered
apprenticeship program;
``(II) a paid internship; or
``(III) a joint labor-management partnership;
``(xv) design, develop, and test an array of approaches to
providing recruitment, training, or retention services, to
enhance diversity, equity and inclusion in the United States
maritime industry workforce;
``(xvi) in conjunction with employers, organized labor,
other groups (such as community coalitions), and Federal,
State, or local agencies, design, develop, and test various
training approaches in order to determine effective
practices; or
``(xvii) assist in the development and replication of
effective service delivery strategies for the United States
maritime industry as a whole.
``(8) Public report.--Not later than December 15 in each of
the calendar years 2023 through 2025, the Administrator shall
make available on a publicly available website a report and
provide a briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives--
``(A) describing each grant awarded under this subsection
during the preceding fiscal year;
``(B) assessing the impact of each award of a grant under
this subsection in a fiscal year preceding the fiscal year
referred to in subparagraph (A) on workers receiving
training; and
``(C) the performance of the grant awarded with respect to
the indicators of performance under section 116(b)(2)(A)(i)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)).
``(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $60,000,000
for each of the fiscal years 2023 through 2027.``.
SEC. 3537. STUDY ON CAPITAL IMPROVEMENT PROGRAM AT THE USMMA.
(a) Findings.--Congress finds the following:
(1) The United States Merchant Marine Academy campus is
nearly 80 years old and many of the buildings have fallen
into a serious state of disrepair.
(2) Except for renovations to student barracks in the early
2000s, all of the buildings on campus have exceeded their
useful life and need to be replaced or undergo major
renovations.
(3) According to the Maritime Administration, since 2011,
$234,000,000 has been invested in capital improvements on the
campus, but partly due to poor planning and cost overruns,
maintenance and building replacement backlogs continue.
(b) Study.--The Comptroller General shall conduct a study
of the United States Merchant Marine Academy Capital
Improvement Program. The study shall include an evaluation
of--
(1) the actions the United States Merchant Marine Academy
has taken to bring the buildings, infrastructure, and other
facilities on campus up to standards and the further actions
that are required to do so;
(2) how the approach that the United States Merchant Marine
Academy uses to manage its capital assets meets leading
practices;
(3) how cost estimates prepared for capital asset projects
meet cost estimating leading practices;
(4) whether the United States Merchant Marine Academy has
adequate staff who are trained to identify needed capital
projects, estimate the cost of those projects, perform
building maintenance, and manage capital improvement
projects; and
(5) how the United States Merchant Marine Academy
identifies and prioritizes capital construction needs, and
how that priority relates to the safety, education, and
wellbeing of midshipmen.
(c) Report.--Not later than 18 months after the date of
enactment of this section, the Comptroller General shall
prepare and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the results of the study
under this section.
SEC. 3538. IMPLEMENTATION OF RECOMMENDATIONS FROM THE
NATIONAL ACADEMY OF PUBLIC ADMINISTRATION.
(a) Inspector General Audit.--The Inspector General of the
Department of Transportation shall--
(1) not later than 180 days after the date of enactment of
this section, initiate an audit of the Maritime
Administration`s actions to address only recommendations 4.1
through 4.3, 4.7 through 4.11, 5.1 through 5.4, 5.6, 5.7,
5.11, 5.14, 5.15, 5.16, 6.1 through 6.4, 6.6, and 6.7,
identified by a National Academy of Public Administration
panel in the November 2021 report entitled ``Organizational
Assessment of the United States Merchant Marine Academy: A
Path Forward``; and
(2) release publicly, and submit to the appropriate
committees of Congress, a report containing the results of
the audit described in paragraph (1) once the audit is
completed.
(b) Agreement for Study by National Academy of Public
Administration.--
(1) In general.--Not later than 30 days after the date of
enactment of this title, the Secretary of Transportation
shall enter into an agreement with the National Academy of
Public Administration (referred to in this section as the
``Academy``) to provide support for--
(A) prioritizing and addressing the recommendations
described in subsection (a)(1), and establishing a process
for prioritizing other recommendations in the future;
(B) development of long-term processes and a timeframe for
long-term process improvements, as well as corrective actions
and best practice criteria that can be implemented in the
medium- and near-term;
(C) establishment of a clear assignment of responsibility
for implementation of each recommendation described in
subsection (a)(1), and a strategy for assigning other
recommendations in the future; and
(D) a performance measurement system, including data
collection and tracking and evaluating progress toward goals.
(2) Report of progress.--Not later than 1 year after the
date of the agreement described in paragraph (1), the Academy
shall prepare and submit a report of progress to
[[Page S6180]]
the Maritime Administrator, the Inspector General of the
Department of Transportation, and the appropriate committees
of Congress.
(c) Prioritization and Implementation Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this title, the Maritime Administrator shall
provide a prioritization and implementation plan to assess,
prioritize, and address the recommendations identified by the
National Academy of Public Administration panel in the
November 2021 report entitled ``Organizational Assessment of
the United States Merchant Marine Academy: A Path Forward``
that are relevant to the Maritime Administration and not
listed in subsection (a)(1). The prioritization and
implementation plan shall--
(A) make use of the strategies, processes, and systems
described in subsection (b)(1);
(B) include estimated timelines and cost estimates for
implementation of priority goals;
(C) include summaries of stakeholder and interagency
engagement used to assess goals and timelines; and
(D) be released publicly and submitted to the Inspector
General of the Department of Transportation and the
appropriate committees of Congress.
(2) Audit and report.--The Inspector General of the
Department of Transportation shall--
(A) not later than 180 days after the date of publication
of the prioritization and implementation plan described in
paragraph (1), initiate an audit of the Maritime
Administration`s actions to address the prioritization and
implementation plan;
(B) monitor the Maritime Administration`s actions to
implement recommendations made by the Inspector General`s
audit described in subparagraph (A) and in prior audits of
the Maritime Administration`s implementation of National
Academy of Public Administration recommendations and
periodically initiate subsequent audits of the Maritime
Administration`s continued actions to address the
prioritization and implementation plan, as the Inspector
General determines may be necessary; and
(C) release publicly and submit to the Administrator of the
Maritime Administration and the appropriate committees of
Congress a report containing the results of the audit once
the audit is completed.
(3) Report of progress.--Not later than 180 days after the
date of publication of the Inspector General`s report
described in paragraph (2)(C), and annually thereafter, the
Administrator of the Maritime Administration shall prepare
and submit a report to the Inspector General of the
Department of Transportation and the appropriate committees
of Congress describing--
(A) the Maritime Administration`s planned actions and
estimated timeframes for taking action to implement any open
or unresolved recommendations from the Inspector General`s
reports described in paragraph (2) and in subsection (a); and
(B) any target action dates associated with open and
unresolved recommendations from the Inspector General`s
reports described in paragraph (2) and in subsection (a)
which the Maritime Administration failed to meet or for which
it requested an extension of time, and the reasons for which
an extension was necessary.
(d) Agreement for Plan on Capital Improvements.--Not later
than 90 days after the date of enactment of this title, the
Maritime Administration shall enter into an agreement with a
Federal construction agent to create a plan to execute
capital improvements at the United States Merchant Marine
Academy.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress``
means the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Appropriations Subcommittees on Transportation, Housing and
Urban Development, and Related Agencies of the Senate and the
House of Representatives, and the Committee on Armed Services
of the House of Representatives.
SEC. 3539. SERVICE ACADEMY FACULTY PARITY.
Section 105 of title 17, United States Code, is amended--
(1) in the heading of subsection (b), by striking ``Certain
of Works `` and inserting ``Certain Works``;
(2) in the first subsection (c), by striking ``The
Secretary of Defense may`` and inserting ``The Secretary of
Defense (or, with respect to the United States Merchant
Marine Academy, the Secretary of Transportation, or, with
respect to the United States Coast Guard Academy, the
Secretary of Homeland Security) may``;
(3) by redesignating the second subsection (c) as
subsection (d); and
(4) in subsection (d)(2), as redesignated by paragraph (3),
by adding at the end the following:
``(M) United States Merchant Marine Academy.``.
SEC. 3540. 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) if the vessel is a catcher processor or fish
processing vessel with more than 25 crew, require that the
crewmember be served not less than 3 meals a day that total
not less than 3,100 calories, including adequate water and
minerals in accordance with the Untied States Recommended
Daily Allowances; and``.
Subtitle E--Technology Innovation and Resilience
SEC. 3541. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE
PROGRAM.
Section 50307 of title 46, United States Code, is amended--
(1) by striking the subsection (a) enumerator and all that
follows through ``Transportation`` and inserting the
following:
``(a) Emerging Marine Technologies and Practices.--
``(1) In general.--The Secretary of Transportation``;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively and adjusting the
margins accordingly; and
(ii) in clause (iv), as redesignated by clause (i), by
striking ``propeller cavitation`` and inserting ``incidental
vessel-generated underwater noise, such as noise from
propeller cavitation or hydrodynamic flow``;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively and adjusting the
margins accordingly;
(3) in subsection (c), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively and adjusting
the margins accordingly;
(4) by redesignating subsections (b) through (d) as
paragraphs (2) through (4), respectively and adjusting the
margins accordingly;
(5) by redesignating subsection (e) as subsection (b);
(6) by striking subsection (f);
(7) in subsection (a)--
(A) in paragraph (1), as designated under paragraph (1) of
this section--
(i) by inserting ``or support`` after ``engage in``;
(ii) by striking ``the use of public`` and all that follows
through the end of the sentence and inserting ``eligible
entities.``;
(B) in paragraph (2), as redesignated under paragraph (4)
of this section--
(i) by striking ``this section`` and inserting ``this
subsection``;
(ii) by striking ``or improve`` and inserting ``improve, or
support efforts related to,``;
(C) in paragraph (3), as redesignated by paragraph (4) of
this section, by striking ``under subsection (b)(2) may
include`` and inserting ``with other Federal agencies or with
State, local, or Tribal governments, as appropriate, under
paragraph (2)(B) may include``;
(D) in paragraph (4), as redesignated by paragraph (4) of
this section--
(i) by striking ``academic, public, private, and
nongovernmental entities and facilities`` and inserting
``eligible entities``; and
(ii) by striking ``subsection (a)`` and inserting ``this
subsection``; and
(E) by adding at the end the following:
``(5) Grants.--Subject to the availability of
appropriations, the Maritime Administrator, may establish and
carry out a competitive grant program to award grants to
eligible entities for projects in the United States
consistent with the goals of this subsection to study,
evaluate, test, demonstrate, or apply technologies and
practices to improve environmental performance.``;
(8) in subsection (b), as redesignated by paragraph (5) of
this section, by striking ``subsection (b)(1)`` and inserting
``this section``; and
(9) by adding at the end the following:
``(c) Vessels.--Activities carried out under a grant or
cooperative agreement made under this section may be
conducted on public vessels under the control of the Maritime
Administration, upon approval of the Maritime Administrator.
``(d) Eligible Entity Defined.--In this section, the term
`eligible entity` means--
``(1) a private entity, including a nonprofit organization;
``(2) a State, regional, or local government or entity,
including special districts;
``(3) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)) or a consortium of Indian Tribes;
``(4) an institution of higher education as defined under
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002); or
``(5) a partnership or collaboration of entities described
in paragraphs (1) through (3).
``(e) Center for Maritime Innovation.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Maritime Administration Authorization Act
for Fiscal Year 2023, the Secretary of Transportation shall,
through a cooperative agreement, establish a United States
Center for Maritime Innovation (referred to in this
subsection as the `Center`) to support the study, research,
development, assessment, and deployment of emerging marine
technologies and practices related to the maritime
transportation system.
``(2) Selection.--The Center shall be--
``(A) selected through a competitive process of eligible
entities;
[[Page S6181]]
``(B) based in the United States with technical expertise
in emerging marine technologies and practices related to the
maritime transportation system; and
``(C) located in close proximity to eligible entities with
expertise in United States emerging marine technologies and
practices, including the use of alternative fuels and the
development of both vessel and shoreside infrastructure.
``(3) Coordination.--The Secretary of Transportation shall
coordinate with other agencies critical for science,
research, and regulation of emerging marine technologies for
the maritime sector, including the Department of Energy, the
Environmental Protection Agency, the National Science
Foundation, and the Coast Guard, when establishing the
Center.
``(4) Functions.--The Center shall--
``(A) support eligible entities regarding the development
and use of clean energy and necessary infrastructure to
support the deployment of clean energy on vessels of the
United States;
``(B) monitor and assess, on an ongoing basis, the current
state of knowledge regarding emerging marine technologies in
the United States;
``(C) identify any significant gaps in emerging marine
technologies research specific to the United States maritime
industry, and seek to fill those gaps;
``(D) conduct research, development, testing, and
evaluation for equipment, technologies, and techniques to
address the components under subsection (a)(2);
``(E) provide--
``(i) guidance on best available technologies;
``(ii) technical analysis;
``(iii) assistance with understanding complex regulatory
requirements; and
``(iv) documentation of best practices in the maritime
industry, including training and informational webinars on
solutions for the maritime industry; and
``(F) work with academic and private sector response
training centers and Domestic Maritime Workforce Training and
Education Centers of Excellence to develop maritime
strategies applicable to various segments of the United
States maritime industry, including the inland, deep water,
and coastal fleets.``.
SEC. 3542. STUDY ON STORMWATER IMPACTS ON SALMON.
(a) In General.--Not later than 90 days after the date of
enactment of this section, the Administrator of the National
Oceanic and Atmospheric Administration, in concert with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, and in consultation with the
Director of the United States Fish and Wildlife Service,
shall commence a study that--
(1) examines the existing science on tire-related chemicals
in stormwater runoff at ports and the impacts of such
chemicals on Pacific salmon and steelhead;
(2) examines the challenges of studying tire-related
chemicals in stormwater runoff at ports and the impacts of
such chemicals on Pacific salmon and steelhead;
(3) provides recommendations for improving monitoring of
stormwater and research related to run-off for tire-related
chemicals and the impacts of such chemicals on Pacific salmon
and steelhead at ports; and
(4) provides recommendations based on the best available
science on relevant management approaches at ports under
their respective jurisdictions.
(b) Submission of Study.--Not later than 18 months after
commencing the study under subsection (a), the Administrator
of the National Oceanic and Atmospheric Administration, in
concert with the Secretary of Transportation and the
Administrator of the Environmental Protection Agency, shall--
(1) submit the study to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on
Environment and Public Works of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives, including detailing any findings from the
study; and
(2) make such study publicly available.
SEC. 3543. STUDY TO EVALUATE EFFECTIVE VESSEL QUIETING
MEASURES.
(a) In General.--Not later than 1 year after the date of
enactment of this title, the Administrator of the Maritime
Administration, in consultation with the Under Secretary of
Commerce for Oceans and Atmosphere and the Secretary of the
Department in which the Coast Guard is operating, shall
submit to the committees identified under subsection (b), and
make publicly available on the website of the Department of
Transportation, a report that includes, at a minimum--
(1) a review of technology-based controls and best
management practices for reducing vessel-generated underwater
noise; and
(2) for each technology-based control and best management
practice identified, an evaluation of--
(A) the applicability of each measure to various vessel
types;
(B) the technical feasibility and economic achievability of
each measure; and
(C) the co-benefits and trade-offs of each measure.
(b) Committees.--The report under subsection (a) shall be
submitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program,
or activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of
a dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 3201 and 4024 of
title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may
be transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an
amount specified in such funding tables shall not count
against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds
between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral or Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
5 SMALL UNMANNED AIRCRAFT SYSTEMS 10,598 10,598
ROTARY
7 AH-64 APACHE BLOCK IIIA REMAN.. 524,661 524,661
8 AH-64 APACHE BLOCK IIIA REMAN.. 169,218 169,218
10 UH-60 BLACKHAWK M MODEL (MYP).. 650,406 650,406
11 UH-60 BLACKHAWK M MODEL (MYP).. 68,147 68,147
12 UH-60 BLACK HAWK L AND V MODELS 178,658 178,658
13 CH-47 HELICOPTER............... 169,149 169,149
14 CH-47 HELICOPTER............... 18,749 18,749
MODIFICATION OF AIRCRAFT
16 MQ-1 PAYLOAD................... 57,700 57,700
18 GRAY EAGLE MODS2............... 13,038 13,038
19 MULTI SENSOR ABN RECON......... 21,380 26,580
SOUTHCOM hyperspectral imagery [5,200]
sensors.......................
20 AH-64 MODS..................... 85,840 85,840
21 CH-47 CARGO HELICOPTER MODS 11,215 11,215
(MYP).........................
24 EMARSS SEMA MODS............... 1,591 1,591
[[Page S6182]]
26 UTILITY HELICOPTER MODS........ 21,346 21,346
27 NETWORK AND MISSION PLAN....... 44,526 44,526
28 COMMS, NAV SURVEILLANCE........ 72,387 72,387
30 AVIATION ASSURED PNT........... 71,130 71,130
31 GATM ROLLUP.................... 14,683 14,683
GROUND SUPPORT AVIONICS
34 AIRCRAFT SURVIVABILITY 167,927 167,927
EQUIPMENT.....................
35 SURVIVABILITY CM............... 6,622 6,622
36 CMWS........................... 107,112 107,112
37 COMMON INFRARED COUNTERMEASURES 288,209 288,209
(CIRCM).......................
OTHER SUPPORT
39 COMMON GROUND EQUIPMENT........ 20,823 20,823
40 AIRCREW INTEGRATED SYSTEMS..... 25,773 25,773
41 AIR TRAFFIC CONTROL............ 27,492 27,492
42 LAUNCHER, 2.75 ROCKET.......... 1,275 1,275
UNDISTRIBUTED.................. 0 90,141
Inflation effects.............. [90,141]
TOTAL AIRCRAFT PROCUREMENT, 2,849,655 2,944,996
ARMY..........................
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
1 LOWER TIER AIR AND MISSILE 4,260 4,260
DEFENSE (AMD) SEN.............
2 LOWER TIER AIR AND MISSILE 9,200 9,200
DEFENSE (AMD) SEN.............
3 M-SHORAD--PROCUREMENT.......... 135,747 135,747
4 MSE MISSILE.................... 1,037,093 1,037,093
5 PRECISION STRIKE MISSILE (PRSM) 213,172 213,172
6 INDIRECT FIRE PROTECTION 18,924 18,924
CAPABILITY INC 2-I............
AIR-TO-SURFACE MISSILE SYSTEM
7 HELLFIRE SYS SUMMARY........... 111,294 411,294
Production increase............ [300,000]
8 JOINT AIR-TO-GROUND MSLS (JAGM) 216,030 312,030
Capacity expansion............. [36,000]
Production increase............ [60,000]
10 LONG-RANGE HYPERSONIC WEAPON... 249,285 249,285
ANTI-TANK/ASSAULT MISSILE SYS
11 JAVELIN (AAWS-M) SYSTEM SUMMARY 162,968 362,968
Production increase............ [200,000]
12 TOW 2 SYSTEM SUMMARY........... 105,423 105,423
13 GUIDED MLRS ROCKET (GMLRS)..... 785,028 1,035,528
Production increase............ [250,500]
14 MLRS REDUCED RANGE PRACTICE 4,354 4,354
ROCKETS (RRPR)................
15 HIGH MOBILITY ARTILLERY ROCKET 155,705 265,705
SYSTEM (HIMARS................
Capacity expansion--launchers.. [10,000]
Production increase--launchers. [100,000]
16 LETHAL MINIATURE AERIAL MISSILE 37,937 37,937
SYSTEM (LMAMS.................
MODIFICATIONS
17 PATRIOT MODS................... 253,689 253,689
18 ATACMS MODS.................... 0 100,000
Production increase............ [100,000]
20 ITAS/TOW MODS.................. 5,154 5,154
21 MLRS MODS...................... 218,359 218,359
22 HIMARS MODIFICATIONS........... 20,468 20,468
25 STINGER........................ 0 200,000
Blk 1 refurb missiles.......... [200,000]
SPARES AND REPAIR PARTS
23 SPARES AND REPAIR PARTS........ 6,508 106,508
Long-lead energetics for [100,000]
munitions production..........
SUPPORT EQUIPMENT & FACILITIES
24 AIR DEFENSE TARGETS............ 11,317 11,317
UNDISTRIBUTED.................. 0 117,940
Inflation effects.............. [117,940]
TOTAL MISSILE PROCUREMENT, ARMY 3,761,915 5,236,355
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
1 ARMORED MULTI PURPOSE VEHICLE 380,677 380,677
(AMPV)........................
2 ASSAULT BREACHER VEHICLE (ABV). 3,852 3,852
3 MOBILE PROTECTED FIREPOWER..... 356,708 356,708
MODIFICATION OF TRACKED COMBAT
VEHICLES
[[Page S6183]]
4 STRYKER UPGRADE................ 671,271 671,271
5 BRADLEY PROGRAM (MOD).......... 279,531 279,531
6 M109 FOV MODIFICATIONS......... 3,028 3,028
7 PALADIN INTEGRATED MANAGEMENT 493,003 688,003
(PIM).........................
Program increase............... [195,000]
8 IMPROVED RECOVERY VEHICLE 138,759 138,759
(M88A2 HERCULES)..............
12 JOINT ASSAULT BRIDGE........... 36,990 36,990
14 ABRAMS UPGRADE PROGRAM......... 656,340 948,940
Army UFR--Additional Abrams.... [292,600]
WEAPONS & OTHER COMBAT VEHICLES
17 MULTI-ROLE ANTI-ARMOR ANTI- 26,627 26,627
PERSONNEL WEAPON S............
18 MORTAR SYSTEMS................. 8,516 8,516
19 LOCATION & AZIMUTH 48,301 48,301
DETERMINATION SYSTEM (LADS....
20 XM320 GRENADE LAUNCHER MODULE 11,703 11,703
(GLM).........................
21 PRECISION SNIPER RIFLE......... 6,436 6,436
24 NEXT GENERATION SQUAD WEAPON... 221,293 221,293
MOD OF WEAPONS AND OTHER COMBAT
VEH
28 M777 MODS...................... 3,374 3,374
33 M119 MODIFICATIONS............. 2,263 2,263
SUPPORT EQUIPMENT & FACILITIES
36 ITEMS LESS THAN $5.0M (WOCV- 2,138 2,138
WTCV).........................
37 PRODUCTION BASE SUPPORT (WOCV- 225,220 225,220
WTCV).........................
UNDISTRIBUTED.................. 0 100,659
Inflation effects.............. [100,659]
TOTAL PROCUREMENT OF W&TCV, 3,576,030 4,164,289
ARMY..........................
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES......... 59,447 59,447
2 CTG, 7.62MM, ALL TYPES......... 90,019 90,019
3 NEXT GENERATION SQUAD WEAPON 128,662 128,662
AMMUNITION....................
4 CTG, HANDGUN, ALL TYPES........ 317 317
5 CTG, .50 CAL, ALL TYPES........ 35,849 35,849
6 CTG, 20MM, ALL TYPES........... 11,761 11,761
7 CTG, 25MM, ALL TYPES........... 10,270 10,270
8 CTG, 30MM, ALL TYPES........... 143,045 143,045
9 CTG, 40MM, ALL TYPES........... 85,213 85,213
MORTAR AMMUNITION
10 60MM MORTAR, ALL TYPES......... 33,338 33,338
11 81MM MORTAR, ALL TYPES......... 56,577 56,577
12 120MM MORTAR, ALL TYPES........ 127,168 127,168
TANK AMMUNITION
13 CARTRIDGES, TANK, 105MM AND 296,943 296,943
120MM, ALL TYPES..............
ARTILLERY AMMUNITION
14 ARTILLERY CARTRIDGES, 75MM & 7,647 7,647
105MM, ALL TYPES..............
15 ARTILLERY PROJECTILE, 155MM, 182,455 182,455
ALL TYPES.....................
17 PRECISION ARTILLERY MUNITIONS.. 166,334 166,334
18 ARTILLERY PROPELLANTS, FUZES 143,763 143,763
AND PRIMERS, ALL..............
MINES
19 MINES & CLEARING CHARGES, ALL 80,920 80,920
TYPES.........................
20 CLOSE TERRAIN SHAPING OBSTACLE. 53,579 53,579
ROCKETS
21 SHOULDER LAUNCHED MUNITIONS, 18,159 18,159
ALL TYPES.....................
22 ROCKET, HYDRA 70, ALL TYPES.... 171,697 171,697
OTHER AMMUNITION
23 CAD/PAD, ALL TYPES............. 7,643 7,643
24 DEMOLITION MUNITIONS, ALL TYPES 29,796 29,796
25 GRENADES, ALL TYPES............ 36,251 36,251
26 SIGNALS, ALL TYPES............. 13,852 13,852
27 SIMULATORS, ALL TYPES.......... 9,350 9,350
MISCELLANEOUS
29 AMMO COMPONENTS, ALL TYPES..... 3,823 3,823
30 ITEMS LESS THAN $5 MILLION 19,921 19,921
(AMMO)........................
31 AMMUNITION PECULIAR EQUIPMENT.. 13,001 13,001
32 FIRST DESTINATION 17,528 17,528
TRANSPORTATION (AMMO).........
33 CLOSEOUT LIABILITIES........... 101 101
PRODUCTION BASE SUPPORT
34 INDUSTRIAL FACILITIES.......... 499,613 499,613
35 CONVENTIONAL MUNITIONS 80,970 80,970
DEMILITARIZATION..............
36 ARMS INITIATIVE................ 4,039 4,039
[[Page S6184]]
UNDISTRIBUTED.................. 0 78,556
Inflation effects.............. [78,556]
TOTAL PROCUREMENT OF 2,639,051 2,717,607
AMMUNITION, ARMY..............
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
2 SEMITRAILERS, FLATBED:......... 23,021 23,021
3 SEMITRAILERS, TANKERS.......... 21,869 21,869
4 HI MOB MULTI-PURP WHLD VEH 6,121 6,121
(HMMWV).......................
5 GROUND MOBILITY VEHICLES (GMV). 34,316 34,316
7 JOINT LIGHT TACTICAL VEHICLE 703,110 703,110
FAMILY OF VEHICL..............
9 FAMILY OF MEDIUM TACTICAL VEH 74,086 74,086
(FMTV)........................
10 FAMILY OF COLD WEATHER ALL- 23,772 23,772
TERRAIN VEHICLE (C............
11 FIRETRUCKS & ASSOCIATED 39,950 39,950
FIREFIGHTING EQUIP............
12 FAMILY OF HEAVY TACTICAL 96,112 96,112
VEHICLES (FHTV)...............
13 PLS ESP........................ 54,674 54,674
16 MODIFICATION OF IN SVC EQUIP... 31,819 82,277
Army UFR--Anti-Lock Brake [50,458]
System/Electronic Stability
Control retrofit kits.........
NON-TACTICAL VEHICLES
17 PASSENGER CARRYING VEHICLES.... 1,286 1,286
18 NONTACTICAL VEHICLES, OTHER.... 15,059 15,059
COMM--JOINT COMMUNICATIONS
19 SIGNAL MODERNIZATION PROGRAM... 179,853 179,853
20 TACTICAL NETWORK TECHNOLOGY MOD 382,007 382,007
IN SVC........................
22 DISASTER INCIDENT RESPONSE 4,066 4,066
COMMS TERMINAL (DI............
23 JCSE EQUIPMENT (USRDECOM)...... 5,505 5,505
COMM--SATELLITE COMMUNICATIONS
26 DEFENSE ENTERPRISE WIDEBAND 107,228 107,228
SATCOM SYSTEMS................
27 TRANSPORTABLE TACTICAL COMMAND 119,259 119,259
COMMUNICATIONS................
28 SHF TERM....................... 23,173 23,173
29 ASSURED POSITIONING, NAVIGATION 184,911 184,911
AND TIMING....................
30 EHF SATELLITE COMMUNICATION.... 5,853 5,853
31 SMART-T (SPACE)................ 4,916 4,916
32 GLOBAL BRDCST SVC--GBS......... 3,179 3,179
COMM--C3 SYSTEM
34 COE TACTICAL SERVER 94,287 94,287
INFRASTRUCTURE (TSI)..........
COMM--COMBAT COMMUNICATIONS
35 HANDHELD MANPACK SMALL FORM FIT 728,366 728,366
(HMS).........................
37 ARMY LINK 16 SYSTEMS........... 47,581 47,581
39 UNIFIED COMMAND SUITE.......... 20,178 20,178
40 COTS COMMUNICATIONS EQUIPMENT.. 320,595 320,595
41 FAMILY OF MED COMM FOR COMBAT 7,621 7,621
CASUALTY CARE.................
42 ARMY COMMUNICATIONS & 59,705 59,705
ELECTRONICS...................
COMM--INTELLIGENCE COMM
43 CI AUTOMATION ARCHITECTURE- 13,891 13,891
INTEL.........................
45 MULTI-DOMAIN INTELLIGENCE...... 20,637 20,637
INFORMATION SECURITY
46 INFORMATION SYSTEM SECURITY 1,019 1,019
PROGRAM-ISSP..................
47 COMMUNICATIONS SECURITY 125,692 125,692
(COMSEC)......................
49 INSIDER THREAT PROGRAM--UNIT 1,796 1,796
ACTIVITY MONITO...............
51 BIOMETRIC ENABLING CAPABILITY 816 816
(BEC).........................
52 ARCYBER DEFENSIVE CYBER 18,239 18,239
OPERATIONS....................
COMM--LONG HAUL COMMUNICATIONS
54 BASE SUPPORT COMMUNICATIONS.... 10,262 11,512
AFRICOM UFR--force protection.. [1,250]
COMM--BASE COMMUNICATIONS
55 INFORMATION SYSTEMS............ 116,522 116,522
56 EMERGENCY MANAGEMENT 5,036 5,036
MODERNIZATION PROGRAM.........
59 INSTALLATION INFO 214,806 214,806
INFRASTRUCTURE MOD PROGRAM....
ELECT EQUIP--TACT INT REL ACT
(TIARA)
62 TITAN.......................... 84,821 0
Realignment of funds........... [-84,821]
63 JTT/CIBS-M..................... 2,352 2,352
64 TERRESTRIAL LAYER SYSTEMS (TLS) 88,915 50,915
Realignment of funds........... [-38,000]
66 DCGS-A-INTEL................... 76,771 96,451
TITAN Realignment of funds..... [19,680]
67 JOINT TACTICAL GROUND STATION 349 349
(JTAGS)-INTEL.................
68 TROJAN......................... 20,562 20,562
69 MOD OF IN-SVC EQUIP (INTEL SPT) 30,424 39,724
INDOPACOM UFR--SIGINT upgrades. [9,300]
70 BIOMETRIC TACTICAL COLLECTION 2,269 2,269
DEVICES.......................
[[Page S6185]]
ELECT EQUIP--ELECTRONIC WARFARE
(EW)
73 AIR VIGILANCE (AV)............. 5,688 5,688
74 MULTI-FUNCTION ELECTRONIC 3,060 3,060
WARFARE (MFEW) SYST...........
76 COUNTERINTELLIGENCE/SECURITY 19,519 19,519
COUNTERMEASURES...............
77 CI MODERNIZATION............... 437 437
ELECT EQUIP--TACTICAL SURV.
(TAC SURV)
78 SENTINEL MODS.................. 166,736 166,736
79 NIGHT VISION DEVICES........... 424,253 499,253
Army UFR--Enhanced Night Vision [75,000]
Goggle-Binocular..............
80 SMALL TACTICAL OPTICAL RIFLE 11,357 11,357
MOUNTED MLRF..................
82 FAMILY OF WEAPON SIGHTS (FWS).. 202,258 202,258
83 ENHANCED PORTABLE INDUCTIVE 5,116 5,116
ARTILLERY FUZE SE.............
84 FORWARD LOOKING INFRARED 37,914 37,914
(IFLIR).......................
85 COUNTER SMALL UNMANNED AERIAL 326,364 631,964
SYSTEM (C-SUAS)...............
AFRICOM UFR--C-UAS............. [61,600]
Army UFR--Coyote C-sUAS........ [244,000]
86 JOINT BATTLE COMMAND--PLATFORM 186,515 186,515
(JBC-P).......................
87 JOINT EFFECTS TARGETING SYSTEM 10,304 10,304
(JETS)........................
88 COMPUTER BALLISTICS: LHMBC XM32 3,038 3,038
89 MORTAR FIRE CONTROL SYSTEM..... 4,879 4,879
90 MORTAR FIRE CONTROL SYSTEMS 4,370 4,370
MODIFICATIONS.................
91 COUNTERFIRE RADARS............. 162,208 283,808
Army UFR--AN/TPQ-53 Radar for [121,600]
ARNG..........................
ELECT EQUIP--TACTICAL C2
SYSTEMS
92 ARMY COMMAND POST INTEGRATED 60,455 60,455
INFRASTRUCTURE (..............
93 FIRE SUPPORT C2 FAMILY......... 9,676 9,676
94 AIR & MSL DEFENSE PLANNING & 72,619 72,619
CONTROL SYS...................
95 IAMD BATTLE COMMAND SYSTEM..... 438,967 438,967
96 LIFE CYCLE SOFTWARE SUPPORT 4,586 4,586
(LCSS)........................
97 NETWORK MANAGEMENT 37,199 37,199
INITIALIZATION AND SERVICE....
98 GLOBAL COMBAT SUPPORT SYSTEM- 4,102 4,102
ARMY (GCSS-A).................
99 INTEGRATED PERSONNEL AND PAY 6,926 6,926
SYSTEM-ARMY (IPP..............
101 MOD OF IN-SVC EQUIPMENT 4,076 4,076
(ENFIRE)......................
ELECT EQUIP--AUTOMATION
102 ARMY TRAINING MODERNIZATION.... 8,033 8,033
103 AUTOMATED DATA PROCESSING EQUIP 96,554 106,554
AFRICOM UFR--cyber network [10,000]
resiliency....................
104 ACCESSIONS INFORMATION 43,767 43,767
ENVIRONMENT (AIE).............
105 GENERAL FUND ENTERPRISE 97 97
BUSINESS SYSTEMS FAM..........
106 HIGH PERF COMPUTING MOD PGM 73,655 73,655
(HPCMP).......................
107 CONTRACT WRITING SYSTEM........ 17,701 17,701
108 CSS COMMUNICATIONS............. 88,141 88,141
ELECT EQUIP--SUPPORT
111 BCT EMERGING TECHNOLOGIES...... 12,853 12,853
CLASSIFIED PROGRAMS
99 CLASSIFIED PROGRAMS............ 1,596 1,596
CHEMICAL DEFENSIVE EQUIPMENT
113 BASE DEFENSE SYSTEMS (BDS)..... 47,960 47,960
114 CBRN DEFENSE................... 56,129 56,129
BRIDGING EQUIPMENT
116 TACTICAL BRIDGING.............. 13,785 13,785
118 BRIDGE SUPPLEMENTAL SET........ 6,774 6,774
119 COMMON BRIDGE TRANSPORTER (CBT) 10,379 10,379
RECAP.........................
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND APPLIQUE SYSTEMS.. 52,340 52,340
COMBAT SERVICE SUPPORT
EQUIPMENT
127 HEATERS AND ECU`S.............. 7,672 7,672
129 PERSONNEL RECOVERY SUPPORT 4,691 4,691
SYSTEM (PRSS).................
130 GROUND SOLDIER SYSTEM.......... 124,953 124,953
131 MOBILE SOLDIER POWER........... 15,933 15,933
134 CARGO AERIAL DEL & PERSONNEL 42,444 42,444
PARACHUTE SYSTEM..............
136 ITEMS LESS THAN $5M (ENG SPT).. 4,155 4,155
PETROLEUM EQUIPMENT
137 QUALITY SURVEILLANCE EQUIPMENT. 2,845 2,845
138 DISTRIBUTION SYSTEMS, PETROLEUM 26,433 26,433
& WATER.......................
MEDICAL EQUIPMENT
139 COMBAT SUPPORT MEDICAL......... 75,606 75,606
MAINTENANCE EQUIPMENT
140 MOBILE MAINTENANCE EQUIPMENT 3,936 3,936
SYSTEMS.......................
CONSTRUCTION EQUIPMENT
147 ALL TERRAIN CRANES............. 31,341 31,341
149 FAMILY OF DIVER SUPPORT 3,256 3,256
EQUIPMENT.....................
150 CONST EQUIP ESP................ 9,104 9,104
[[Page S6186]]
RAIL FLOAT CONTAINERIZATION
EQUIPMENT
151 ARMY WATERCRAFT ESP............ 47,889 62,033
Watercraft Modernization [14,144]
Service Life Extension Program
(SLEP)........................
152 MANEUVER SUPPORT VESSEL (MSV).. 104,676 104,676
153 ITEMS LESS THAN $5.0M (FLOAT/ 10,131 10,131
RAIL).........................
GENERATORS
154 GENERATORS AND ASSOCIATED EQUIP 54,400 54,400
155 TACTICAL ELECTRIC POWER 8,293 8,293
RECAPITALIZATION..............
MATERIAL HANDLING EQUIPMENT
156 FAMILY OF FORKLIFTS............ 8,819 8,819
TRAINING EQUIPMENT
157 COMBAT TRAINING CENTERS SUPPORT 48,046 48,046
158 TRAINING DEVICES, NONSYSTEM.... 201,966 201,966
159 SYNTHETIC TRAINING ENVIRONMENT 255,670 255,670
(STE).........................
160 GAMING TECHNOLOGY IN SUPPORT OF 9,546 9,546
ARMY TRAINING.................
TEST MEASURE AND DIG EQUIPMENT
(TMD)
162 INTEGRATED FAMILY OF TEST 36,514 36,514
EQUIPMENT (IFTE)..............
164 TEST EQUIPMENT MODERNIZATION 32,734 32,734
(TEMOD).......................
OTHER SUPPORT EQUIPMENT
166 PHYSICAL SECURITY SYSTEMS 102,556 116,706
(OPA3)........................
AFRICOM UFR--force protection.. [14,150]
167 BASE LEVEL COMMON EQUIPMENT.... 31,417 31,417
168 MODIFICATION OF IN-SVC 24,047 24,047
EQUIPMENT (OPA-3).............
169 BUILDING, PRE-FAB, RELOCATABLE. 32,151 32,151
170 SPECIAL EQUIPMENT FOR TEST AND 84,779 84,779
EVALUATION....................
OPA2
172 INITIAL SPARES--C&E............ 10,463 10,463
UNDISTRIBUTED.................. 0 291,568
Inflation effects.............. [291,568]
TOTAL OTHER PROCUREMENT, ARMY.. 8,457,509 9,247,438
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
1 F/A-18E/F (FIGHTER) HORNET..... 90,865 90,865
2 JOINT STRIKE FIGHTER CV........ 1,663,515 1,663,515
3 JOINT STRIKE FIGHTER CV........ 387,596 387,596
4 JSF STOVL...................... 1,909,635 1,909,635
5 JSF STOVL...................... 200,118 200,118
6 CH-53K (HEAVY LIFT)............ 1,669,986 1,919,986
USMC UFR--additional aircraft.. [250,000]
7 CH-53K (HEAVY LIFT)............ 357,824 357,824
8 V-22 (MEDIUM LIFT)............. 31,795 31,795
11 P-8A POSEIDON.................. 41,521 41,521
12 E-2D ADV HAWKEYE............... 842,401 842,401
TRAINER AIRCRAFT
14 MULTI-ENGINE TRAINING SYSTEM 123,217 123,217
(METS)........................
15 ADVANCED HELICOPTER TRAINING 119,816 119,816
SYSTEM........................
OTHER AIRCRAFT
15 UC-12W CARGO AIRCRAFT.......... 0 55,600
USMC UFR--Additional UC-12W [55,600]
cargo aircraft................
16 KC-130J........................ 439,501 692,001
USMC UFR--Replacement aircraft. [252,500]
17 KC-130J........................ 29,122 29,122
19 MQ-4 TRITON.................... 587,820 587,820
20 MQ-4 TRITON.................... 75,235 75,235
22 STUASL0 UAV.................... 2,703 2,703
23 MQ-25.......................... 696,713 696,713
24 MQ-25.......................... 51,463 51,463
25 MARINE GROUP 5 UAS............. 103,882 143,882
USMC UFR--MQ-9 MSAT............ [20,000]
USMC UFR--MQ-9 SETSS........... [20,000]
MODIFICATION OF AIRCRAFT
27 F-18 A-D UNIQUE................ 141,514 141,514
28 F-18E/F AND EA-18G 572,681 572,681
MODERNIZATION AND SUSTAINM....
29 MARINE GROUP 5 UAS SERIES...... 86,116 86,116
30 AEA SYSTEMS.................... 25,058 25,058
31 AV-8 SERIES.................... 26,657 26,657
32 INFRARED SEARCH AND TRACK 144,699 144,699
(IRST)........................
33 ADVERSARY...................... 105,188 105,188
34 F-18 SERIES.................... 480,663 480,663
35 H-53 SERIES.................... 40,151 40,151
[[Page S6187]]
36 MH-60 SERIES................... 126,238 126,238
37 H-1 SERIES..................... 122,498 122,498
38 EP-3 SERIES.................... 8,492 8,492
39 E-2 SERIES..................... 188,897 188,897
40 TRAINER A/C SERIES............. 9,568 9,568
42 C-130 SERIES................... 132,170 132,170
43 FEWSG.......................... 695 695
44 CARGO/TRANSPORT A/C SERIES..... 10,902 10,902
45 E-6 SERIES..................... 129,049 129,049
46 EXECUTIVE HELICOPTERS SERIES... 55,265 55,265
47 T-45 SERIES.................... 201,670 201,670
48 POWER PLANT CHANGES............ 24,685 24,685
49 JPATS SERIES................... 19,780 19,780
50 AVIATION LIFE SUPPORT MODS..... 1,143 1,143
51 COMMON ECM EQUIPMENT........... 129,722 129,722
52 COMMON AVIONICS CHANGES........ 136,883 136,883
53 COMMON DEFENSIVE WEAPON SYSTEM. 6,373 6,373
54 ID SYSTEMS..................... 3,828 3,828
55 P-8 SERIES..................... 249,342 249,342
56 MAGTF EW FOR AVIATION.......... 24,684 24,684
57 MQ-8 SERIES.................... 9,846 9,846
58 V-22 (TILT/ROTOR ACFT) OSPREY.. 207,621 207,621
59 NEXT GENERATION JAMMER (NGJ)... 401,563 401,563
60 F-35 STOVL SERIES.............. 216,356 216,356
61 F-35 CV SERIES................. 208,336 208,336
62 QRC............................ 47,864 47,864
63 MQ-4 SERIES.................... 94,738 94,738
64 RQ-21 SERIES................... 6,576 6,576
AIRCRAFT SPARES AND REPAIR
PARTS
68 SPARES AND REPAIR PARTS........ 1,872,417 2,295,517
Navy UFR--aviation outfitting [292,700]
spares in support of carrier
airwings......................
USMC UFR--aircraft initial and [104,300]
replenishment spares..........
USMC UFR--KC-130J spares....... [15,400]
USMC UFR--UC-12W(ER) Beechcraft [10,700]
King Air 350ER initial spares.
AIRCRAFT SUPPORT EQUIP &
FACILITIES
69 COMMON GROUND EQUIPMENT........ 542,214 542,214
70 AIRCRAFT INDUSTRIAL FACILITIES. 101,559 101,559
71 WAR CONSUMABLES................ 40,316 40,316
72 OTHER PRODUCTION CHARGES....... 46,403 46,403
73 SPECIAL SUPPORT EQUIPMENT...... 423,280 522,280
USMC UFR classified issue...... [99,000]
UNDISTRIBUTED.................. 0 491,186
Inflation effects.............. [491,186]
TOTAL AIRCRAFT PROCUREMENT, 16,848,428 18,459,814
NAVY..........................
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
1 TRIDENT II MODS................ 1,125,164 1,125,164
SUPPORT EQUIPMENT & FACILITIES
2 MISSILE INDUSTRIAL FACILITIES.. 7,767 7,767
STRATEGIC MISSILES
3 TOMAHAWK....................... 160,190 160,190
TACTICAL MISSILES
4 AMRAAM......................... 335,900 335,900
5 SIDEWINDER..................... 63,288 89,188
Navy UFR--additional AIM-9X.... [25,900]
6 STANDARD MISSILE............... 489,123 739,123
Capacity expansion--dual-source [50,000]
energetics....................
Capacity expansion--test/ [200,000]
tooling equipment.............
8 JASSM.......................... 58,481 58,481
9 SMALL DIAMETER BOMB II......... 108,317 108,317
10 RAM............................ 92,131 92,131
11 JOINT AIR GROUND MISSILE (JAGM) 78,395 78,395
12 HELLFIRE....................... 6,603 6,603
13 AERIAL TARGETS................. 183,222 183,222
14 DRONES AND DECOYS.............. 62,930 62,930
15 OTHER MISSILE SUPPORT.......... 3,524 3,524
16 LRASM.......................... 226,022 339,122
Capacity expansion............. [35,000]
Navy UFR--capacity increase.... [33,100]
Production increase............ [45,000]
[[Page S6188]]
17 NAVAL STRIKE MISSILE (NSM)..... 59,034 59,034
MODIFICATION OF MISSILES
18 TOMAHAWK MODS.................. 435,308 435,308
19 ESSM........................... 282,035 282,035
20 AARGM.......................... 131,275 171,275
Production increase............ [40,000]
21 STANDARD MISSILES MODS......... 71,198 71,198
SUPPORT EQUIPMENT & FACILITIES
22 WEAPONS INDUSTRIAL FACILITIES.. 1,976 26,976
Hypersonic test facility....... [25,000]
ORDNANCE SUPPORT EQUIPMENT
25 ORDNANCE SUPPORT EQUIPMENT..... 40,793 40,793
TORPEDOES AND RELATED EQUIP
26 SSTD........................... 3,789 3,789
27 MK-48 TORPEDO.................. 151,128 200,128
Navy UFR--additional MK 48 [49,000]
procurement...................
28 ASW TARGETS.................... 14,403 14,403
MOD OF TORPEDOES AND RELATED
EQUIP
29 MK-54 TORPEDO MODS............. 106,772 232,172
Mk54 LWT program increase...... [125,400]
30 MK-48 TORPEDO ADCAP MODS....... 18,502 18,502
31 MARITIME MINES................. 9,282 245,332
Hammerhead..................... [225,000]
Mk68........................... [11,050]
SUPPORT EQUIPMENT
32 TORPEDO SUPPORT EQUIPMENT...... 87,044 87,044
33 ASW RANGE SUPPORT.............. 3,965 3,965
DESTINATION TRANSPORTATION
34 FIRST DESTINATION 5,315 5,315
TRANSPORTATION................
GUNS AND GUN MOUNTS
35 SMALL ARMS AND WEAPONS......... 13,859 13,859
MODIFICATION OF GUNS AND GUN
MOUNTS
36 CIWS MODS...................... 2,655 2,655
37 COAST GUARD WEAPONS............ 34,259 34,259
38 GUN MOUNT MODS................. 81,725 81,725
39 LCS MODULE WEAPONS............. 4,580 4,580
40 AIRBORNE MINE NEUTRALIZATION 8,710 8,710
SYSTEMS.......................
SPARES AND REPAIR PARTS
42 SPARES AND REPAIR PARTS........ 170,041 170,041
UNDISTRIBUTED.................. 0 129,375
Inflation effects.............. [129,375]
TOTAL WEAPONS PROCUREMENT, NAVY 4,738,705 5,732,530
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS.......... 47,198 47,198
2 JDAM........................... 76,688 76,688
3 AIRBORNE ROCKETS, ALL TYPES.... 70,005 70,005
4 MACHINE GUN AMMUNITION......... 20,586 20,586
5 PRACTICE BOMBS................. 51,109 51,109
6 CARTRIDGES & CART ACTUATED 72,534 72,534
DEVICES.......................
7 AIR EXPENDABLE COUNTERMEASURES. 114,475 114,475
8 JATOS.......................... 7,096 7,096
9 5 INCH/54 GUN AMMUNITION....... 30,018 30,018
10 INTERMEDIATE CALIBER GUN 40,089 40,089
AMMUNITION....................
11 OTHER SHIP GUN AMMUNITION...... 42,707 189,707
Goalkeeper long lead [147,000]
procurement...................
12 SMALL ARMS & LANDING PARTY AMMO 49,023 49,023
13 PYROTECHNIC AND DEMOLITION..... 9,480 9,480
14 AMMUNITION LESS THAN $5 MILLION 1,622 1,622
MARINE CORPS AMMUNITION
15 MORTARS........................ 71,214 71,214
16 DIRECT SUPPORT MUNITIONS....... 65,169 65,169
17 INFANTRY WEAPONS AMMUNITION.... 225,271 225,271
18 COMBAT SUPPORT MUNITIONS....... 19,691 19,691
19 AMMO MODERNIZATION............. 17,327 17,327
20 ARTILLERY MUNITIONS............ 15,514 15,514
21 ITEMS LESS THAN $5 MILLION..... 5,476 5,476
UNDISTRIBUTED.................. 0 33,521
Inflation effects.............. [33,521]
[[Page S6189]]
TOTAL PROCUREMENT OF AMMO, NAVY 1,052,292 1,232,813
& MC..........................
SHIPBUILDING AND CONVERSION,
NAVY
FLEET BALLISTIC MISSILE SHIPS
1 OHIO REPLACEMENT SUBMARINE..... 3,079,223 3,079,223
2 OHIO REPLACEMENT SUBMARINE..... 2,778,553 2,778,553
OTHER WARSHIPS
3 CARRIER REPLACEMENT PROGRAM.... 1,481,530 1,481,530
4 CVN-81......................... 1,052,024 1,052,024
5 VIRGINIA CLASS SUBMARINE....... 4,534,184 4,534,184
6 VIRGINIA CLASS SUBMARINE....... 2,025,651 2,025,651
8 CVN REFUELING OVERHAULS........ 618,295 618,295
9 DDG 1000....................... 72,976 72,976
10 DDG-51......................... 4,376,537 4,376,537
11 DDG-51......................... 618,352 868,352
Surface combatant supplier [250,000]
development...................
13 FFG-FRIGATE.................... 1,085,224 1,158,624
Navy UFR--wholeness for FFG-62 [73,400]
procurement...................
14 FFG-FRIGATE.................... 74,949 74,949
AMPHIBIOUS SHIPS
15 LPD FLIGHT II.................. 1,673,000 1,673,000
16 LPD FLIGHT II.................. 0 250,000
USMC UFR--Advance procurement [250,000]
for LPD-33....................
20 LHA REPLACEMENT................ 1,085,470 1,085,470
AUXILIARIES, CRAFT AND PRIOR YR
PROGRAM COST
22 TAO FLEET OILER................ 794,719 794,719
24 TOWING, SALVAGE, AND RESCUE 95,915 95,915
SHIP (ATS)....................
27 OUTFITTING..................... 707,412 707,412
28 SHIP TO SHORE CONNECTOR........ 190,433 190,433
29 SERVICE CRAFT.................. 68,274 91,274
Auxiliary personnel lighters [23,000]
barracks craft................
30 LCAC SLEP...................... 36,301 36,301
31 AUXILIARY VESSELS (USED 140,686 140,686
SEALIFT)......................
32 COMPLETION OF PY SHIPBUILDING 1,328,146 1,328,146
PROGRAMS......................
UNDISTRIBUTED.................. 0 839,239
Inflation effects.............. [839,239]
TOTAL SHIPBUILDING AND 27,917,854 29,353,493
CONVERSION, NAVY..............
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
1 SURFACE POWER EQUIPMENT........ 46,478 46,478
GENERATORS
2 SURFACE COMBATANT HM&E......... 84,615 84,615
NAVIGATION EQUIPMENT
3 OTHER NAVIGATION EQUIPMENT..... 98,079 98,079
OTHER SHIPBOARD EQUIPMENT
4 SUB PERISCOPE, IMAGING AND SUPT 266,300 266,300
EQUIP PROG....................
5 DDG MOD........................ 770,341 770,341
6 FIREFIGHTING EQUIPMENT......... 19,687 19,687
7 COMMAND AND CONTROL SWITCHBOARD 2,406 2,406
8 LHA/LHD MIDLIFE................ 38,200 38,200
9 LCC 19/20 EXTENDED SERVICE LIFE 20,028 20,028
PROGRAM.......................
10 POLLUTION CONTROL EQUIPMENT.... 17,682 17,682
11 SUBMARINE SUPPORT EQUIPMENT.... 117,799 117,799
12 VIRGINIA CLASS SUPPORT 32,300 32,300
EQUIPMENT.....................
13 LCS CLASS SUPPORT EQUIPMENT.... 15,238 15,238
14 SUBMARINE BATTERIES............ 24,137 24,137
15 LPD CLASS SUPPORT EQUIPMENT.... 54,496 54,496
16 DDG 1000 CLASS SUPPORT 314,333 314,333
EQUIPMENT.....................
17 STRATEGIC PLATFORM SUPPORT 13,504 13,504
EQUIP.........................
18 DSSP EQUIPMENT................. 3,660 3,660
19 CG MODERNIZATION............... 59,054 59,054
20 LCAC........................... 17,452 17,452
21 UNDERWATER EOD EQUIPMENT....... 35,417 35,417
22 ITEMS LESS THAN $5 MILLION..... 60,812 60,812
23 CHEMICAL WARFARE DETECTORS..... 3,202 3,202
REACTOR PLANT EQUIPMENT
25 SHIP MAINTENANCE, REPAIR AND 1,242,532 1,242,532
MODERNIZATION.................
26 REACTOR POWER UNITS............ 4,690 4,690
27 REACTOR COMPONENTS............. 408,989 408,989
[[Page S6190]]
OCEAN ENGINEERING
28 DIVING AND SALVAGE EQUIPMENT... 11,773 11,773
SMALL BOATS
29 STANDARD BOATS................. 57,262 57,262
PRODUCTION FACILITIES EQUIPMENT
30 OPERATING FORCES IPE........... 174,743 174,743
OTHER SHIP SUPPORT
31 LCS COMMON MISSION MODULES 57,313 57,313
EQUIPMENT.....................
32 LCS MCM MISSION MODULES........ 94,987 94,987
33 LCS ASW MISSION MODULES........ 3,594 3,594
34 LCS SUW MISSION MODULES........ 5,100 5,100
35 LCS IN-SERVICE MODERNIZATION... 76,526 76,526
36 SMALL & MEDIUM UUV............. 49,763 89,763
Hammerhead..................... [40,000]
SHIP SONARS
37 SPQ-9B RADAR................... 12,063 12,063
38 AN/SQQ-89 SURF ASW COMBAT 141,591 141,591
SYSTEM........................
39 SSN ACOUSTIC EQUIPMENT......... 446,653 446,653
40 UNDERSEA WARFARE SUPPORT 17,424 17,424
EQUIPMENT.....................
ASW ELECTRONIC EQUIPMENT
41 SUBMARINE ACOUSTIC WARFARE 31,708 31,708
SYSTEM........................
42 SSTD........................... 14,325 14,325
43 FIXED SURVEILLANCE SYSTEM...... 266,228 266,228
44 SURTASS........................ 25,030 46,130
Navy UFR--SURTASS array for [21,100]
INDOPACOM.....................
ELECTRONIC WARFARE EQUIPMENT
45 AN/SLQ-32...................... 292,417 292,417
RECONNAISSANCE EQUIPMENT
46 SHIPBOARD IW EXPLOIT........... 311,210 316,910
Navy UFR--Counter-C5ISR&T...... [5,700]
47 AUTOMATED IDENTIFICATION SYSTEM 2,487 2,487
(AIS).........................
OTHER SHIP ELECTRONIC EQUIPMENT
48 COOPERATIVE ENGAGEMENT 34,500 34,500
CAPABILITY....................
49 NAVAL TACTICAL COMMAND SUPPORT 19,038 19,038
SYSTEM (NTCSS)................
50 ATDLS.......................... 73,675 73,675
51 NAVY COMMAND AND CONTROL SYSTEM 3,435 3,435
(NCCS)........................
52 MINESWEEPING SYSTEM REPLACEMENT 16,336 16,336
54 NAVSTAR GPS RECEIVERS (SPACE).. 30,439 30,439
55 AMERICAN FORCES RADIO AND TV 2,724 2,724
SERVICE.......................
56 STRATEGIC PLATFORM SUPPORT 6,266 6,266
EQUIP.........................
AVIATION ELECTRONIC EQUIPMENT
57 ASHORE ATC EQUIPMENT........... 89,396 89,396
58 AFLOAT ATC EQUIPMENT........... 86,732 86,732
59 ID SYSTEMS..................... 59,226 59,226
60 JOINT PRECISION APPROACH AND 8,186 8,186
LANDING SYSTEM (..............
61 NAVAL MISSION PLANNING SYSTEMS. 26,778 26,778
OTHER SHORE ELECTRONIC
EQUIPMENT
62 MARITIME INTEGRATED BROADCAST 3,520 3,520
SYSTEM........................
63 TACTICAL/MOBILE C4I SYSTEMS.... 31,840 31,840
64 DCGS-N......................... 15,606 15,606
65 CANES.......................... 402,550 402,550
66 RADIAC......................... 9,062 9,062
67 CANES-INTELL................... 48,665 48,665
68 GPETE.......................... 23,479 23,479
69 MASF........................... 11,792 11,792
70 INTEG COMBAT SYSTEM TEST 6,053 6,053
FACILITY......................
71 EMI CONTROL INSTRUMENTATION.... 4,219 4,219
72 ITEMS LESS THAN $5 MILLION..... 102,846 161,346
Next-generation surface search [58,500]
radar.........................
SHIPBOARD COMMUNICATIONS
73 SHIPBOARD TACTICAL 36,941 36,941
COMMUNICATIONS................
74 SHIP COMMUNICATIONS AUTOMATION. 101,691 101,691
75 COMMUNICATIONS ITEMS UNDER $5M. 55,290 55,290
SUBMARINE COMMUNICATIONS
76 SUBMARINE BROADCAST SUPPORT.... 91,150 91,150
77 SUBMARINE COMMUNICATION 74,569 74,569
EQUIPMENT.....................
SATELLITE COMMUNICATIONS
78 SATELLITE COMMUNICATIONS 39,827 39,827
SYSTEMS.......................
79 NAVY MULTIBAND TERMINAL (NMT).. 24,586 24,586
SHORE COMMUNICATIONS
80 JOINT COMMUNICATIONS SUPPORT 4,699 4,699
ELEMENT (JCSE)................
CRYPTOGRAPHIC EQUIPMENT
81 INFO SYSTEMS SECURITY PROGRAM 156,034 156,034
(ISSP)........................
[[Page S6191]]
82 MIO INTEL EXPLOITATION TEAM.... 1,055 1,055
CRYPTOLOGIC EQUIPMENT
83 CRYPTOLOGIC COMMUNICATIONS 18,832 20,332
EQUIP.........................
INDOPACOM UFR--SIGINT upgrades. [1,500]
OTHER ELECTRONIC SUPPORT
92 COAST GUARD EQUIPMENT.......... 68,556 68,556
SONOBUOYS
94 SONOBUOYS--ALL TYPES........... 291,670 331,670
Sonobuoys...................... [40,000]
AIRCRAFT SUPPORT EQUIPMENT
95 MINOTAUR....................... 5,247 5,247
96 WEAPONS RANGE SUPPORT EQUIPMENT 106,209 106,209
97 AIRCRAFT SUPPORT EQUIPMENT..... 275,461 275,461
98 ADVANCED ARRESTING GEAR (AAG).. 22,717 22,717
99 ELECTROMAGNETIC AIRCRAFT LAUNCH 18,594 18,594
SYSTEM (EMALS.................
100 METEOROLOGICAL EQUIPMENT....... 15,175 15,175
101 LEGACY AIRBORNE MCM............ 4,689 4,689
102 LAMPS EQUIPMENT................ 1,610 1,610
103 AVIATION SUPPORT EQUIPMENT..... 86,409 86,409
104 UMCS-UNMAN CARRIER 136,647 136,647
AVIATION(UCA)MISSION CNTRL....
SHIP GUN SYSTEM EQUIPMENT
105 SHIP GUN SYSTEMS EQUIPMENT..... 5,902 5,902
SHIP MISSILE SYSTEMS EQUIPMENT
106 HARPOON SUPPORT EQUIPMENT...... 217 217
107 SHIP MISSILE SUPPORT EQUIPMENT. 286,788 286,788
108 TOMAHAWK SUPPORT EQUIPMENT..... 95,856 95,856
FBM SUPPORT EQUIPMENT
109 STRATEGIC MISSILE SYSTEMS EQUIP 279,430 279,430
ASW SUPPORT EQUIPMENT
110 SSN COMBAT CONTROL SYSTEMS..... 128,874 128,874
111 ASW SUPPORT EQUIPMENT.......... 26,920 26,920
OTHER ORDNANCE SUPPORT
EQUIPMENT
112 EXPLOSIVE ORDNANCE DISPOSAL 17,048 17,048
EQUIP.........................
113 ITEMS LESS THAN $5 MILLION..... 5,938 5,938
OTHER EXPENDABLE ORDNANCE
114 ANTI-SHIP MISSILE DECOY SYSTEM. 86,264 86,264
115 SUBMARINE TRAINING DEVICE MODS. 80,591 80,591
116 SURFACE TRAINING EQUIPMENT..... 198,695 198,695
CIVIL ENGINEERING SUPPORT
EQUIPMENT
117 PASSENGER CARRYING VEHICLES.... 4,799 4,799
118 GENERAL PURPOSE TRUCKS......... 2,542 2,542
119 CONSTRUCTION & MAINTENANCE 50,619 50,619
EQUIP.........................
120 FIRE FIGHTING EQUIPMENT........ 16,305 16,305
121 TACTICAL VEHICLES.............. 28,586 28,586
122 POLLUTION CONTROL EQUIPMENT.... 2,840 2,840
123 ITEMS LESS THAN $5 MILLION..... 64,311 64,311
124 PHYSICAL SECURITY VEHICLES..... 1,263 1,263
SUPPLY SUPPORT EQUIPMENT
125 SUPPLY EQUIPMENT............... 32,338 32,338
126 FIRST DESTINATION 6,255 6,255
TRANSPORTATION................
127 SPECIAL PURPOSE SUPPLY SYSTEMS. 613,039 613,039
TRAINING DEVICES
128 TRAINING SUPPORT EQUIPMENT..... 1,285 1,285
129 TRAINING AND EDUCATION 44,618 44,618
EQUIPMENT.....................
COMMAND SUPPORT EQUIPMENT
130 COMMAND SUPPORT EQUIPMENT...... 55,728 55,728
131 MEDICAL SUPPORT EQUIPMENT...... 5,325 5,325
133 NAVAL MIP SUPPORT EQUIPMENT.... 6,077 6,077
134 OPERATING FORCES SUPPORT 16,252 16,252
EQUIPMENT.....................
135 C4ISR EQUIPMENT................ 6,497 6,497
136 ENVIRONMENTAL SUPPORT EQUIPMENT 36,592 36,592
137 PHYSICAL SECURITY EQUIPMENT.... 118,598 118,598
138 ENTERPRISE INFORMATION 29,407 29,407
TECHNOLOGY....................
OTHER
142 NEXT GENERATION ENTERPRISE 201,314 201,314
SERVICE.......................
143 CYBERSPACE ACTIVITIES.......... 5,018 5,018
144 CYBER MISSION FORCES........... 17,115 17,115
CLASSIFIED PROGRAMS
99 CLASSIFIED PROGRAMS............ 17,295 17,295
SPARES AND REPAIR PARTS
145 SPARES AND REPAIR PARTS........ 532,313 703,713
Navy UFR--Maritime spares [171,400]
outfitting....................
[[Page S6192]]
UNDISTRIBUTED.................. 0 369,826
Inflation effects.............. [369,826]
TOTAL OTHER PROCUREMENT, NAVY.. 11,746,503 12,454,529
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
1 AAV7A1 PIP..................... 5,653 5,653
2 AMPHIBIOUS COMBAT VEHICLE 536,678 536,678
FAMILY OF VEHICLES............
3 LAV PIP........................ 57,099 57,099
ARTILLERY AND OTHER WEAPONS
4 155MM LIGHTWEIGHT TOWED 1,782 1,782
HOWITZER......................
5 ARTILLERY WEAPONS SYSTEM....... 143,808 143,808
6 WEAPONS AND COMBAT VEHICLES 11,118 11,118
UNDER $5 MILLION..............
GUIDED MISSILES
7 TOMAHAWK....................... 42,958 42,958
8 NAVAL STRIKE MISSILE (NSM)..... 174,369 349,369
Production increase............ [175,000]
9 GROUND BASED AIR DEFENSE....... 173,801 173,801
10 ANTI-ARMOR MISSILE-JAVELIN..... 18,495 18,495
11 FAMILY ANTI-ARMOR WEAPON 21,419 21,419
SYSTEMS (FOAAWS)..............
12 ANTI-ARMOR MISSILE-TOW......... 663 663
13 GUIDED MLRS ROCKET (GMLRS)..... 7,605 7,605
COMMAND AND CONTROL SYSTEMS
14 COMMON AVIATION COMMAND AND 30,292 30,292
CONTROL SYSTEM (C.............
REPAIR AND TEST EQUIPMENT
15 REPAIR AND TEST EQUIPMENT...... 58,024 58,024
OTHER SUPPORT (TEL)
16 MODIFICATION KITS.............. 293 293
COMMAND AND CONTROL SYSTEM (NON-
TEL)
17 ITEMS UNDER $5 MILLION (COMM & 83,345 83,345
ELEC).........................
18 AIR OPERATIONS C2 SYSTEMS...... 11,048 11,048
RADAR + EQUIPMENT (NON-TEL)
19 GROUND/AIR TASK ORIENTED RADAR 61,943 517,943
(G/ATOR)......................
USMC UFR--AN/TPS-80 G/ATOR [456,000]
radar.........................
INTELL/COMM EQUIPMENT (NON-TEL)
20 GCSS-MC........................ 1,663 1,663
21 FIRE SUPPORT SYSTEM............ 48,322 48,322
22 INTELLIGENCE SUPPORT EQUIPMENT. 182,894 182,894
24 UNMANNED AIR SYSTEMS (INTEL)... 47,595 47,595
25 DCGS-MC........................ 47,998 47,998
26 UAS PAYLOADS................... 8,619 8,619
OTHER SUPPORT (NON-TEL)
29 MARINE CORPS ENTERPRISE NETWORK 276,763 276,763
(MCEN)........................
30 COMMON COMPUTER RESOURCES...... 40,096 40,096
31 COMMAND POST SYSTEMS........... 58,314 58,314
32 RADIO SYSTEMS.................. 612,450 612,450
33 COMM SWITCHING & CONTROL 51,976 51,976
SYSTEMS.......................
34 COMM & ELEC INFRASTRUCTURE 26,029 26,029
SUPPORT.......................
35 CYBERSPACE ACTIVITIES.......... 17,759 17,759
36 CYBER MISSION FORCES........... 4,036 4,036
CLASSIFIED PROGRAMS
99 CLASSIFIED PROGRAMS............ 3,884 3,884
ADMINISTRATIVE VEHICLES
39 COMMERCIAL CARGO VEHICLES...... 35,179 35,179
TACTICAL VEHICLES
40 MOTOR TRANSPORT MODIFICATIONS.. 17,807 17,807
41 JOINT LIGHT TACTICAL VEHICLE... 222,257 222,257
43 TRAILERS....................... 2,721 2,721
ENGINEER AND OTHER EQUIPMENT
45 TACTICAL FUEL SYSTEMS.......... 7,854 7,854
46 POWER EQUIPMENT ASSORTED....... 5,841 5,841
47 AMPHIBIOUS SUPPORT EQUIPMENT... 38,120 38,120
48 EOD SYSTEMS.................... 201,047 201,047
MATERIALS HANDLING EQUIPMENT
49 PHYSICAL SECURITY EQUIPMENT.... 69,967 69,967
GENERAL PROPERTY
50 FIELD MEDICAL EQUIPMENT........ 21,780 21,780
51 TRAINING DEVICES............... 86,272 86,272
52 FAMILY OF CONSTRUCTION 27,605 27,605
EQUIPMENT.....................
53 ULTRA-LIGHT TACTICAL VEHICLE 15,033 15,033
(ULTV)........................
OTHER SUPPORT
54 ITEMS LESS THAN $5 MILLION..... 26,433 26,433
[[Page S6193]]
SPARES AND REPAIR PARTS
55 SPARES AND REPAIR PARTS........ 34,799 34,799
UNDISTRIBUTED.................. 0 123,755
Inflation effects.............. [123,755]
TOTAL PROCUREMENT, MARINE CORPS 3,681,506 4,436,261
AIRCRAFT PROCUREMENT, AIR FORCE
STRATEGIC OFFENSIVE
1 B-21 RAIDER.................... 1,498,431 1,498,431
2 B-21 RAIDER.................... 288,165 288,165
TACTICAL FORCES
3 F-35........................... 3,320,757 4,293,757
Air Force UFR--additional F-35A [858,000]
aircraft......................
Realignment of funds from line [115,000]
4.............................
4 F-35........................... 594,886 479,886
Realignment of funds to line 3. [-115,000]
5 F-15EX......................... 2,422,348 2,422,348
6 F-15EX......................... 264,000 264,000
TACTICAL AIRLIFT
7 KC-46A MDAP.................... 2,684,503 2,684,503
OTHER AIRLIFT
8 C-130J......................... 75,293 75,293
9 MC-130J........................ 40,351 40,351
UPT TRAINERS
11 ADVANCED TRAINER REPLACEMENT T- 10,507 10,507
X.............................
HELICOPTERS
12 MH-139A........................ 156,192 256,192
Additional aircraft............ [100,000]
13 COMBAT RESCUE HELICOPTER....... 707,018 1,057,018
Additional aircraft............ [350,000]
MISSION SUPPORT AIRCRAFT
15 CIVIL AIR PATROL A/C........... 2,952 2,952
OTHER AIRCRAFT
16 TARGET DRONES.................. 128,906 128,906
17 COMPASS CALL................... 0 553,700
Air Force UFR--EC-37B aircraft. [553,700]
18 E-11 BACN/HAG.................. 67,260 66,847
Realignment of funds........... [-413]
19 MQ-9........................... 17,039 17,039
21 AGILITY PRIME PROCUREMENT...... 3,612 3,612
STRATEGIC AIRCRAFT
22 B-2A........................... 106,752 106,752
23 B-1B........................... 36,313 36,313
24 B-52........................... 127,854 120,909
Realignment of funds for B-52 [-4,293]
Crypto Mod upgrade spares.....
Realignment of funds for B-52 [-2,652]
VLF/LF spares.................
25 LARGE AIRCRAFT INFRARED 25,286 25,286
COUNTERMEASURES...............
TACTICAL AIRCRAFT
26 A-10........................... 83,972 83,972
27 E-11 BACN/HAG.................. 10,309 10,309
28 F-15........................... 194,379 194,379
29 F-16........................... 700,455 708,600
Crypto Mods--F-16 Pre Blk...... [8,145]
30 F-22A.......................... 764,222 764,222
31 F-35 MODIFICATIONS............. 414,382 414,382
32 F-15 EPAW...................... 259,837 259,837
34 KC-46A MDAP.................... 467 467
AIRLIFT AIRCRAFT
35 C-5............................ 46,027 15,673
Realignment of funds........... [-18,000]
Realignment of funds to line 64 [-12,354]
36 C-17A.......................... 152,009 157,509
Air Force realignment of funds. [5,500]
37 C-32A.......................... 4,068 4,068
38 C-37A.......................... 6,062 6,062
TRAINER AIRCRAFT
39 GLIDER MODS.................... 149 149
40 T-6............................ 6,215 6,215
41 T-1............................ 6,262 6,262
42 T-38........................... 111,668 120,868
T-38A ejection seat upgrades... [9,200]
[[Page S6194]]
OTHER AIRCRAFT
44 U-2 MODS....................... 81,650 81,650
45 KC-10A (ATCA).................. 3,443 3,443
46 C-21........................... 2,024 2,024
47 VC-25A MOD..................... 2,146 2,146
48 C-40........................... 2,197 2,197
49 C-130.......................... 114,268 138,468
Air Force realignment of funds. [17,500]
Crypto Mods--C-130H............ [6,700]
50 C-130J MODS.................... 112,299 112,299
51 C-135.......................... 149,023 195,123
Air Force realignment of funds. [19,500]
Crypto Mods--KC-135............ [20,700]
Crypto Mods--KC-135 (ROBE B- [5,900]
kits).........................
52 COMPASS CALL................... 16,630 337,230
Air Force UFR--EC-37B group A & [320,600]
B kits and spare components...
53 RC-135......................... 212,828 252,828
INDOPACOM UFR--SIGINT upgrades. [600]
RC-135 navigation upgrades..... [39,400]
54 E-3............................ 54,247 54,247
55 E-4............................ 5,973 5,973
56 E-8............................ 16,610 16,610
59 H-1............................ 1,757 1,757
60 H-60........................... 10,820 10,820
61 COMBAT RESCUE HELICOPTER 3,083 3,083
MODIFICATION..................
62 RQ-4 MODS...................... 1,286 1,286
63 HC/MC-130 MODIFICATIONS........ 138,956 121,094
Crypto Mods--AC-130J........... [2,138]
Realignment of funds........... [-20,000]
64 OTHER AIRCRAFT................. 29,029 41,796
Realignment of funds........... [12,767]
65 MQ-9 MODS...................... 64,370 64,370
67 SENIOR LEADER C3, SYSTEM-- 24,784 24,784
AIRCRAFT......................
68 CV-22 MODS..................... 153,026 153,026
AIRCRAFT SPARES AND REPAIR
PARTS
69 INITIAL SPARES/REPAIR PARTS.... 623,661 762,106
Air Force UFR--EC-37B spare [9,400]
components....................
Air Force UFR--EC-37B spare [94,800]
engines.......................
RC-135 spares.................. [27,300]
Realignment of funds for B-52 [4,293]
Crypto Mod upgrade spares.....
Realignment of funds for B-52 [2,652]
VLF/LF spares.................
COMMON SUPPORT EQUIPMENT
70 AIRCRAFT REPLACEMENT SUPPORT 138,935 138,935
EQUIP.........................
POST PRODUCTION SUPPORT
71 B-2A........................... 1,802 1,802
72 B-2B........................... 36,325 36,325
73 B-52........................... 5,883 5,883
74 F-15........................... 2,764 2,764
75 F-16........................... 5,102 5,102
77 MQ9 POST PROD.................. 7,069 7,069
78 RQ-4 POST PRODUCTION CHARGES... 40,845 40,845
82 C-5 POST PRODUCTION SUPPORT.... 0 18,000
Realignment of funds........... [18,000]
83 HC/MC-130J POST PRODUCTION 0 20,000
SUPPORT.......................
Realignment of funds........... [20,000]
INDUSTRIAL PREPAREDNESS
79 INDUSTRIAL RESPONSIVENESS...... 19,128 19,128
WAR CONSUMABLES
80 WAR CONSUMABLES................ 31,165 31,165
OTHER PRODUCTION CHARGES
81 OTHER PRODUCTION CHARGES....... 1,047,300 1,047,300
CLASSIFIED PROGRAMS
99 CLASSIFIED PROGRAMS............ 18,092 81,092
Air Force UFR--F-35A classified [63,000]
item..........................
UNDISTRIBUTED.................. 0 633,490
Inflation effects.............. [633,490]
TOTAL AIRCRAFT PROCUREMENT, AIR 18,517,428 21,663,001
FORCE.........................
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT--
BALLISTIC
1 MISSILE REPLACEMENT EQ- 57,476 57,476
BALLISTIC.....................
[[Page S6195]]
STRATEGIC
TACTICAL
4 LONG RANGE STAND-OFF WEAPON.... 31,454 31,454
5 REPLAC EQUIP & WAR CONSUMABLES. 30,510 30,510
6 AGM-183A AIR-LAUNCHED RAPID 46,566 0
RESPONSE WEAPON...............
Realignment of funds........... [-46,566]
7 JOINT AIR-SURFACE STANDOFF 784,971 869,971
MISSILE.......................
Capacity expansion............. [85,000]
8 LRASM0......................... 114,025 114,025
9 SIDEWINDER (AIM-9X)............ 111,855 317,855
Production increase............ [206,000]
10 AMRAAM......................... 320,056 459,056
Production increase............ [139,000]
11 PREDATOR HELLFIRE MISSILE...... 1,040 1,040
12 SMALL DIAMETER BOMB............ 46,475 46,475
13 SMALL DIAMETER BOMB II......... 279,006 452,006
Air Force UFR--additional small [173,000]
diameter bomb II..............
14 STAND-IN ATTACK WEAPON (SIAW).. 77,975 77,975
INDUSTRIAL FACILITIES
15 INDUSTR`L PREPAREDNS/POL 868 868
PREVENTION....................
CLASS IV
18 ICBM FUZE MOD.................. 99,691 99,691
19 ICBM FUZE MOD.................. 37,673 37,673
20 MM III MODIFICATIONS........... 68,193 68,193
22 AIR LAUNCH CRUISE MISSILE 33,778 33,778
(ALCM)........................
MISSILE SPARES AND REPAIR PARTS
23 MSL SPRS/REPAIR PARTS (INITIAL) 15,354 15,354
24 MSL SPRS/REPAIR PARTS (REPLEN). 62,978 62,978
SPECIAL PROGRAMS
28 SPECIAL UPDATE PROGRAMS........ 36,933 36,933
CLASSIFIED PROGRAMS
99 CLASSIFIED PROGRAMS............ 705,540 705,540
UNDISTRIBUTED.................. 0 61,064
Inflation effects.............. [61,064]
TOTAL MISSILE PROCUREMENT, AIR 2,962,417 3,579,915
FORCE.........................
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS........................ 22,190 22,190
CARTRIDGES
2 CARTRIDGES..................... 124,164 124,164
BOMBS
4 GENERAL PURPOSE BOMBS.......... 162,800 162,800
5 MASSIVE ORDNANCE PENETRATOR 19,743 19,743
(MOP).........................
6 JOINT DIRECT ATTACK MUNITION... 251,956 251,956
OTHER ITEMS
8 CAD/PAD........................ 50,473 50,473
9 EXPLOSIVE ORDNANCE DISPOSAL 6,343 6,343
(EOD).........................
10 SPARES AND REPAIR PARTS........ 573 573
12 FIRST DESTINATION 1,903 1,903
TRANSPORTATION................
13 ITEMS LESS THAN $5,000,000..... 5,014 5,014
FLARES
14 EXPENDABLE COUNTERMEASURES..... 120,548 120,548
FUZES
15 FUZES.......................... 121,528 121,528
SMALL ARMS
16 SMALL ARMS..................... 16,395 16,395
UNDISTRIBUTED.................. 0 23,395
Inflation effects.............. [23,395]
TOTAL PROCUREMENT OF 903,630 927,025
AMMUNITION, AIR FORCE.........
PROCUREMENT, SPACE FORCE
SPACE PROCUREMENT, SF
2 AF SATELLITE COMM SYSTEM....... 51,414 51,414
3 COUNTERSPACE SYSTEMS........... 62,691 62,691
4 FAMILY OF BEYOND LINE-OF-SIGHT 26,394 26,394
TERMINALS.....................
5 WIDEBAND GAPFILLER SATELLITES 21,982 21,982
(SPACE).......................
6 GENERAL INFORMATION TECH--SPACE 5,424 5,424
7 GPSIII FOLLOW ON............... 657,562 657,562
[[Page S6196]]
8 GPS III SPACE SEGMENT.......... 103,340 103,340
9 GLOBAL POSTIONING (SPACE)...... 950 950
10 HERITAGE TRANSITION............ 21,896 21,896
11 SPACEBORNE EQUIP (COMSEC)...... 29,587 51,187
Crypto Mods--National Security [21,600]
Space Systems.................
12 MILSATCOM...................... 29,333 29,333
13 SBIR HIGH (SPACE).............. 148,666 148,666
14 SPECIAL SPACE ACTIVITIES....... 817,484 817,484
15 MOBILE USER OBJECTIVE SYSTEM... 46,833 46,833
16 NATIONAL SECURITY SPACE LAUNCH. 1,056,133 1,056,133
17 NUDET DETECTION SYSTEM......... 7,062 7,062
18 PTES HUB....................... 42,464 42,464
19 ROCKET SYSTEMS LAUNCH PROGRAM.. 39,145 39,145
20 SPACE DEVELOPMENT AGENCY LAUNCH 314,288 714,288
Realignment of funds........... [200,000]
Space Force UFR--accelerate [200,000]
resilient missile warning/
missile tracking..............
22 SPACE MODS..................... 73,957 73,957
23 SPACELIFT RANGE SYSTEM SPACE... 71,712 71,712
SPARES
24 SPARES AND REPAIR PARTS........ 1,352 1,352
UNDISTRIBUTED.................. 0 106,161
Inflation effects.............. [106,161]
TOTAL PROCUREMENT, SPACE FORCE. 3,629,669 4,157,430
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES.... 2,446 2,446
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE........ 1,125 1,125
3 CAP VEHICLES................... 999 999
4 CARGO AND UTILITY VEHICLES..... 35,220 35,220
SPECIAL PURPOSE VEHICLES
5 JOINT LIGHT TACTICAL VEHICLE... 60,461 60,461
6 SECURITY AND TACTICAL VEHICLES. 382 382
7 SPECIAL PURPOSE VEHICLES....... 49,623 49,623
FIRE FIGHTING EQUIPMENT
8 FIRE FIGHTING/CRASH RESCUE 11,231 11,231
VEHICLES......................
MATERIALS HANDLING EQUIPMENT
9 MATERIALS HANDLING VEHICLES.... 12,559 12,559
BASE MAINTENANCE SUPPORT
10 RUNWAY SNOW REMOV AND CLEANING 6,409 6,409
EQU...........................
11 BASE MAINTENANCE SUPPORT 72,012 72,012
VEHICLES......................
COMM SECURITY EQUIPMENT(COMSEC)
13 COMSEC EQUIPMENT............... 96,851 96,851
14 STRATEGIC MICROELECTRONIC 467,901 467,901
SUPPLY SYSTEM.................
INTELLIGENCE PROGRAMS
15 INTERNATIONAL INTEL TECH & 7,043 7,043
ARCHITECTURES.................
16 INTELLIGENCE TRAINING EQUIPMENT 2,424 2,424
17 INTELLIGENCE COMM EQUIPMENT.... 25,308 25,308
ELECTRONICS PROGRAMS
18 AIR TRAFFIC CONTROL & LANDING 65,531 65,531
SYS...........................
19 BATTLE CONTROL SYSTEM--FIXED... 1,597 1,597
20 THEATER AIR CONTROL SYS 9,611 9,611
IMPROVEMEN....................
21 3D EXPEDITIONARY LONG-RANGE 174,640 174,640
RADAR.........................
22 WEATHER OBSERVATION FORECAST... 20,658 20,658
23 STRATEGIC COMMAND AND CONTROL.. 93,351 86,220
Worldwide Joint Strategic [-7,131]
Communications realignment of
funds.........................
24 CHEYENNE MOUNTAIN COMPLEX...... 6,118 6,118
25 MISSION PLANNING SYSTEMS....... 13,947 13,947
SPCL COMM-ELECTRONICS PROJECTS
28 GENERAL INFORMATION TECHNOLOGY. 101,517 101,517
29 AF GLOBAL COMMAND & CONTROL SYS 2,487 2,487
30 BATTLEFIELD AIRBORNE CONTROL 32,807 32,807
NODE (BACN)...................
31 MOBILITY COMMAND AND CONTROL... 10,210 10,210
35 COMBAT TRAINING RANGES......... 134,213 134,213
36 MINIMUM ESSENTIAL EMERGENCY 66,294 66,294
COMM N........................
37 WIDE AREA SURVEILLANCE (WAS)... 29,518 29,518
38 C3 COUNTERMEASURES............. 55,324 55,324
40 GCSS-AF FOS.................... 786 786
42 MAINTENANCE REPAIR & OVERHAUL 248 248
INITIATIVE....................
43 THEATER BATTLE MGT C2 SYSTEM... 275 275
[[Page S6197]]
44 AIR & SPACE OPERATIONS CENTER 2,611 2,611
(AOC).........................
AIR FORCE COMMUNICATIONS
46 BASE INFORMATION TRANSPT 29,791 29,791
INFRAST (BITI) WIRED..........
47 AFNET.......................... 83,320 83,320
48 JOINT COMMUNICATIONS SUPPORT 5,199 5,199
ELEMENT (JCSE)................
49 USCENTCOM...................... 11,896 11,896
50 USSTRATCOM..................... 4,619 4,619
ORGANIZATION AND BASE
51 TACTICAL C-E EQUIPMENT......... 120,050 120,050
52 RADIO EQUIPMENT................ 14,053 14,053
54 BASE COMM INFRASTRUCTURE....... 91,313 96,363
NORTHCOM UFR--Long range radar [5,050]
sites digitilization upgrades.
MODIFICATIONS
55 COMM ELECT MODS................ 167,419 167,419
CLASSIFIED PROGRAMS
99 CLASSIFIED PROGRAMS............ 89,484 89,484
PERSONAL SAFETY & RESCUE EQUIP
56 PERSONAL SAFETY AND RESCUE 92,995 92,995
EQUIPMENT.....................
DEPOT PLANT+MTRLS HANDLING EQ
57 POWER CONDITIONING EQUIPMENT... 12,199 12,199
58 MECHANIZED MATERIAL HANDLING 9,326 9,326
EQUIP.........................
BASE SUPPORT EQUIPMENT
59 BASE PROCURED EQUIPMENT........ 52,890 52,890
60 ENGINEERING AND EOD EQUIPMENT.. 231,552 231,552
61 MOBILITY EQUIPMENT............. 28,758 28,758
62 FUELS SUPPORT EQUIPMENT (FSE).. 21,740 21,740
SPECIAL SUPPORT PROJECTS
65 DARP RC135..................... 28,153 28,153
66 DCGS-AF........................ 217,713 217,713
70 SPECIAL UPDATE PROGRAM......... 978,499 978,499
CLASSIFIED PROGRAMS
99 CLASSIFIED PROGRAMS............ 21,702,225 21,727,225
Classifed issue................ [25,000]
SPARES AND REPAIR PARTS
71 SPARES AND REPAIR PARTS (CYBER) 1,007 1,007
72 SPARES AND REPAIR PARTS........ 23,175 23,175
UNDISTRIBUTED.................. 0 189,283
Inflation effects.............. [189,283]
TOTAL OTHER PROCUREMENT, AIR 25,691,113 25,903,315
FORCE.........................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DCSA
1 MAJOR EQUIPMENT................ 2,346 2,346
MAJOR EQUIPMENT, DHRA
3 PERSONNEL ADMINISTRATION....... 4,522 4,522
MAJOR EQUIPMENT, DISA
11 INFORMATION SYSTEMS SECURITY... 24,044 24,044
12 TELEPORT PROGRAM............... 50,475 50,475
13 JOINT FORCES HEADQUARTERS-- 674 674
DODIN.........................
14 ITEMS LESS THAN $5 MILLION..... 46,614 46,614
15 DEFENSE INFORMATION SYSTEM 87,345 87,345
NETWORK.......................
16 WHITE HOUSE COMMUNICATION 130,145 130,145
AGENCY........................
17 SENIOR LEADERSHIP ENTERPRISE... 47,864 47,864
18 JOINT REGIONAL SECURITY STACKS 17,135 17,135
(JRSS)........................
19 JOINT SERVICE PROVIDER......... 86,183 86,183
20 FOURTH ESTATE NETWORK 42,756 42,756
OPTIMIZATION (4ENO)...........
MAJOR EQUIPMENT, DLA
22 MAJOR EQUIPMENT................ 24,501 24,501
MAJOR EQUIPMENT, DMACT
23 MAJOR EQUIPMENT................ 11,117 11,117
MAJOR EQUIPMENT, DODEA
24 AUTOMATION/EDUCATIONAL SUPPORT 2,048 2,048
& LOGISTICS...................
MAJOR EQUIPMENT, DPAA
25 MAJOR EQUIPMENT, DPAA.......... 513 513
MAJOR EQUIPMENT, DEFENSE THREAT
REDUCTION AGENCY
27 VEHICLES....................... 139 139
28 OTHER MAJOR EQUIPMENT.......... 14,296 14,296
MAJOR EQUIPMENT, MISSILE
DEFENSE AGENCY
30 THAAD.......................... 74,994 74,994
31 GROUND BASED MIDCOURSE......... 11,300 11,300
32 AEGIS BMD...................... 402,235 402,235
[[Page S6198]]
34 BMDS AN/TPY-2 RADARS........... 4,606 4,606
35 SM-3 IIAS...................... 337,975 652,975
Capacity expansion--test [63,000]
equipment.....................
Production increase............ [252,000]
36 ARROW 3 UPPER TIER SYSTEMS..... 80,000 80,000
37 SHORT RANGE BALLISTIC MISSILE 40,000 40,000
DEFENSE (SRBMD)...............
38 DEFENSE OF GUAM PROCUREMENT.... 26,514 26,514
39 AEGIS ASHORE PHASE III......... 30,056 30,056
40 IRON DOME...................... 80,000 80,000
41 AEGIS BMD HARDWARE AND SOFTWARE 78,181 78,181
MAJOR EQUIPMENT, NSA
47 INFORMATION SYSTEMS SECURITY 6,738 6,738
PROGRAM (ISSP)................
MAJOR EQUIPMENT, OSD
50 MAJOR EQUIPMENT, OSD........... 64,291 94,291
Project Spectrum............... [30,000]
MAJOR EQUIPMENT, TJS
52 MAJOR EQUIPMENT, TJS........... 3,900 3,900
MAJOR EQUIPMENT, WHS
54 MAJOR EQUIPMENT, WHS........... 310 310
CLASSIFIED PROGRAMS
99 CLASSIFIED PROGRAMS............ 681,894 681,894
AVIATION PROGRAMS
55 ARMED OVERWATCH/TARGETING...... 246,000 246,000
56 MANNED ISR..................... 5,000 5,000
57 MC-12.......................... 3,344 3,344
59 ROTARY WING UPGRADES AND 214,575 214,575
SUSTAINMENT...................
60 UNMANNED ISR................... 41,749 41,749
61 NON-STANDARD AVIATION.......... 7,156 7,156
62 U-28........................... 4,589 4,589
63 MH-47 CHINOOK.................. 133,144 133,144
64 CV-22 MODIFICATION............. 75,629 75,629
65 MQ-9 UNMANNED AERIAL VEHICLE... 9,000 9,000
66 PRECISION STRIKE PACKAGE....... 57,450 57,450
67 AC/MC-130J..................... 225,569 225,569
68 C-130 MODIFICATIONS............ 11,945 11,945
SHIPBUILDING
69 UNDERWATER SYSTEMS............. 45,631 45,631
AMMUNITION PROGRAMS
70 ORDNANCE ITEMS <$5M............ 151,233 154,933
Maritime scalable effects...... [3,700]
OTHER PROCUREMENT PROGRAMS
71 INTELLIGENCE SYSTEMS........... 175,616 175,616
72 DISTRIBUTED COMMON GROUND/ 2,214 2,214
SURFACE SYSTEMS...............
73 OTHER ITEMS <$5M............... 98,096 98,096
74 COMBATANT CRAFT SYSTEMS........ 85,566 80,166
Maritime Precision Engagement [-5,400]
realignment of funds..........
75 SPECIAL PROGRAMS............... 20,042 20,042
76 TACTICAL VEHICLES.............. 51,605 51,605
77 WARRIOR SYSTEMS <$5M........... 306,846 306,846
78 COMBAT MISSION REQUIREMENTS.... 4,991 4,991
80 OPERATIONAL ENHANCEMENTS 18,723 18,723
INTELLIGENCE..................
81 OPERATIONAL ENHANCEMENTS....... 347,473 347,473
CBDP
82 CHEMICAL BIOLOGICAL SITUATIONAL 199,439 199,439
AWARENESS.....................
83 CB PROTECTION & HAZARD 187,164 187,164
MITIGATION....................
UNDISTRIBUTED.................. 0 149,308
Inflation effects.............. [149,308]
TOTAL PROCUREMENT, DEFENSE-WIDE 5,245,500 5,738,108
DEFENSE PRODUCTION ACT
PURCHASES
DEFENSE PRODUCTION ACT
PURCHASES
1 DEFENSE PRODUCTION ACT 0 30,097
PURCHASES.....................
Inflation effects.............. [30,097]
TOTAL DEFENSE PRODUCTION ACT 0 30,097
PURCHASES.....................
TOTAL PROCUREMENT.............. 144,219,205 157,919,016
------------------------------------------------------------------------
[[Page S6199]]
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 Senate
Line Program Element Item Request Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
.............................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.............................. BASIC RESEARCH
1 0601102A DEFENSE RESEARCH SCIENCES.... 279,328 319,328
.............................. Basic research increase...... [30,000]
.............................. Counter-UAS technologies..... [5,000]
.............................. Data exchange system for a [5,000]
secure digital engineering
environment.
2 0601103A UNIVERSITY RESEARCH 70,775 70,775
INITIATIVES.
3 0601104A UNIVERSITY AND INDUSTRY 100,909 100,909
RESEARCH CENTERS.
4 0601121A CYBER COLLABORATIVE RESEARCH 5,355 5,355
ALLIANCE.
5 0601601A ARTIFICIAL INTELLIGENCE AND 10,456 10,456
MACHINE LEARNING BASIC
RESEARCH.
.............................. SUBTOTAL BASIC RESEARCH...... 466,823 506,823
..............................
.............................. APPLIED RESEARCH
6 0602002A ARMY AGILE INNOVATION AND 9,534 9,534
DEVELOPMENT-APPLIED RESEARCH.
8 0602134A COUNTER IMPROVISED-THREAT 6,192 6,192
ADVANCED STUDIES.
9 0602141A LETHALITY TECHNOLOGY......... 87,717 87,717
10 0602142A ARMY APPLIED RESEARCH........ 27,833 27,833
11 0602143A SOLDIER LETHALITY TECHNOLOGY. 103,839 108,839
.............................. Future Force Requirements [5,000]
Experimentation program.
12 0602144A GROUND TECHNOLOGY............ 52,848 59,848
.............................. Earthen structures soil [2,000]
enhancement.
.............................. High temperature polymeric [5,000]
materials.
13 0602145A NEXT GENERATION COMBAT 174,090 174,090
VEHICLE TECHNOLOGY.
14 0602146A NETWORK C3I TECHNOLOGY....... 64,115 64,115
15 0602147A LONG RANGE PRECISION FIRES 43,029 43,029
TECHNOLOGY.
16 0602148A FUTURE VERTICLE LIFT 69,348 69,348
TECHNOLOGY.
17 0602150A AIR AND MISSILE DEFENSE 27,016 32,016
TECHNOLOGY.
.............................. Counter-Unmanned Aerial [5,000]
Systems applied research.
18 0602180A ARTIFICIAL INTELLIGENCE AND 16,454 16,454
MACHINE LEARNING
TECHNOLOGIES.
19 0602181A ALL DOMAIN CONVERGENCE 27,399 27,399
APPLIED RESEARCH.
20 0602182A C3I APPLIED RESEARCH......... 27,892 27,892
21 0602183A AIR PLATFORM APPLIED RESEARCH 41,588 41,588
22 0602184A SOLDIER APPLIED RESEARCH..... 15,716 15,716
23 0602213A C3I APPLIED CYBER............ 13,605 18,605
.............................. Indo-Pacific Command [5,000]
technical workforce
development.
24 0602386A BIOTECHNOLOGY FOR MATERIALS-- 21,919 21,919
APPLIED RESEARCH.
25 0602785A MANPOWER/PERSONNEL/TRAINING 19,649 19,649
TECHNOLOGY.
26 0602787A MEDICAL TECHNOLOGY........... 33,976 33,976
.............................. SUBTOTAL APPLIED RESEARCH.... 883,759 905,759
..............................
[[Page S6200]]
.............................. ADVANCED TECHNOLOGY
DEVELOPMENT
27 0603002A MEDICAL ADVANCED TECHNOLOGY.. 5,207 5,207
28 0603007A MANPOWER, PERSONNEL AND 15,598 15,598
TRAINING ADVANCED TECHNOLOGY.
29 0603025A ARMY AGILE INNOVATION AND 20,900 20,900
DEMONSTRATION.
30 0603040A ARTIFICIAL INTELLIGENCE AND 6,395 6,395
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
31 0603041A ALL DOMAIN CONVERGENCE 45,463 45,463
ADVANCED TECHNOLOGY.
32 0603042A C3I ADVANCED TECHNOLOGY...... 12,716 12,716
33 0603043A AIR PLATFORM ADVANCED 17,946 17,946
TECHNOLOGY.
34 0603044A SOLDIER ADVANCED TECHNOLOGY.. 479 479
36 0603116A LETHALITY ADVANCED TECHNOLOGY 9,796 9,796
37 0603117A ARMY ADVANCED TECHNOLOGY 134,874 134,874
DEVELOPMENT.
38 0603118A SOLDIER LETHALITY ADVANCED 100,935 100,935
TECHNOLOGY.
39 0603119A GROUND ADVANCED TECHNOLOGY... 32,546 37,546
.............................. Graphene-enabled technologies [5,000]
for ground combat operations.
40 0603134A COUNTER IMPROVISED-THREAT 21,486 21,486
SIMULATION.
41 0603386A BIOTECHNOLOGY FOR MATERIALS-- 56,853 56,853
ADVANCED RESEARCH.
42 0603457A C3I CYBER ADVANCED 41,354 41,354
DEVELOPMENT.
43 0603461A HIGH PERFORMANCE COMPUTING 251,964 251,964
MODERNIZATION PROGRAM.
44 0603462A NEXT GENERATION COMBAT 193,242 208,242
VEHICLE ADVANCED TECHNOLOGY.
.............................. Autonomous ground vehicle [5,000]
cybersecurity.
.............................. Combat vehicle hybrid- [7,000]
electric transmissions.
.............................. Multi-Service Electro-Optical [3,000]
Signature code modernization.
45 0603463A NETWORK C3I ADVANCED 125,565 140,565
TECHNOLOGY.
.............................. Next-generation contaminant [5,000]
analysis and detection tools.
.............................. PNT situational awareness [10,000]
tools and techniques.
46 0603464A LONG RANGE PRECISION FIRES 100,830 133,340
ADVANCED TECHNOLOGY.
.............................. Extended Range Artillery [5,000]
Munition Suite.
.............................. Precision Strike Missile Inc [27,510]
4.
47 0603465A FUTURE VERTICAL LIFT ADVANCED 177,836 177,836
TECHNOLOGY.
48 0603466A AIR AND MISSILE DEFENSE 11,147 11,147
ADVANCED TECHNOLOGY.
49 0603920A HUMANITARIAN DEMINING........ 8,933 8,933
.............................. SUBTOTAL ADVANCED TECHNOLOGY 1,392,065 1,459,575
DEVELOPMENT.
..............................
.............................. ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
50 0603305A ARMY MISSLE DEFENSE SYSTEMS 12,001 12,001
INTEGRATION.
[[Page S6201]]
51 0603308A ARMY SPACE SYSTEMS 17,945 17,945
INTEGRATION.
53 0603619A LANDMINE WARFARE AND BARRIER-- 64,001 64,001
ADV DEV.
54 0603639A TANK AND MEDIUM CALIBER 64,669 64,669
AMMUNITION.
55 0603645A ARMORED SYSTEM MODERNIZATION-- 49,944 49,944
ADV DEV.
56 0603747A SOLDIER SUPPORT AND 4,060 4,060
SURVIVABILITY.
57 0603766A TACTICAL ELECTRONIC 72,314 72,314
SURVEILLANCE SYSTEM--ADV DEV.
58 0603774A NIGHT VISION SYSTEMS ADVANCED 18,048 18,048
DEVELOPMENT.
59 0603779A ENVIRONMENTAL QUALITY 31,249 31,249
TECHNOLOGY--DEM/VAL.
60 0603790A NATO RESEARCH AND DEVELOPMENT 3,805 3,805
61 0603801A AVIATION--ADV DEV............ 1,162,344 1,185,344
.............................. Future Long Range Assault [23,000]
Aircraft (FLRAA).
62 0603804A LOGISTICS AND ENGINEER 9,638 9,638
EQUIPMENT--ADV DEV.
63 0603807A MEDICAL SYSTEMS--ADV DEV..... 598 598
64 0603827A SOLDIER SYSTEMS--ADVANCED 25,971 27,971
DEVELOPMENT.
.............................. Anthropomorphic body armor... [2,000]
65 0604017A ROBOTICS DEVELOPMENT......... 26,594 26,594
66 0604019A EXPANDED MISSION AREA MISSILE 220,820 220,820
(EMAM).
67 0604020A CROSS FUNCTIONAL TEAM (CFT) 106,000 106,000
ADVANCED DEVELOPMENT &
PROTOTYPING.
69 0604035A LOW EARTH ORBIT (LEO) 35,509 35,509
SATELLITE CAPABILITY.
70 0604036A MULTI-DOMAIN SENSING SYSTEM 49,932 49,932
(MDSS) ADV DEV.
71 0604037A TACTICAL INTEL TARGETING 863 863
ACCESS NODE (TITAN) ADV DEV.
72 0604100A ANALYSIS OF ALTERNATIVES..... 10,659 10,659
73 0604101A SMALL UNMANNED AERIAL VEHICLE 1,425 1,425
(SUAV) (6.4).
74 0604113A FUTURE TACTICAL UNMANNED 95,719 95,719
AIRCRAFT SYSTEM (FTUAS).
75 0604114A LOWER TIER AIR MISSILE 382,147 382,147
DEFENSE (LTAMD) SENSOR.
76 0604115A TECHNOLOGY MATURATION 269,756 269,756
INITIATIVES.
77 0604117A MANEUVER--SHORT RANGE AIR 225,147 225,147
DEFENSE (M-SHORAD).
78 0604119A ARMY ADVANCED COMPONENT 198,111 198,111
DEVELOPMENT & PROTOTYPING.
79 0604120A ASSURED POSITIONING, 43,797 43,797
NAVIGATION AND TIMING (PNT).
80 0604121A SYNTHETIC TRAINING 166,452 166,452
ENVIRONMENT REFINEMENT &
PROTOTYPING.
81 0604134A COUNTER IMPROVISED-THREAT 15,840 15,840
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
82 0604135A STRATEGIC MID-RANGE FIRES.... 404,291 404,291
83 0604182A HYPERSONICS.................. 173,168 173,168
84 0604403A FUTURE INTERCEPTOR........... 8,179 8,179
85 0604531A COUNTER--SMALL UNMANNED 35,110 35,110
AIRCRAFT SYSTEMS ADVANCED
DEVELOPMENT.
86 0604541A UNIFIED NETWORK TRANSPORT.... 36,966 36,966
[[Page S6202]]
89 0305251A CYBERSPACE OPERATIONS FORCES 55,677 55,677
AND FORCE SUPPORT.
.............................. SUBTOTAL ADVANCED COMPONENT 4,098,749 4,123,749
DEVELOPMENT & PROTOTYPES.
..............................
.............................. SYSTEM DEVELOPMENT &
DEMONSTRATION
90 0604201A AIRCRAFT AVIONICS............ 3,335 3,335
91 0604270A ELECTRONIC WARFARE 4,243 4,243
DEVELOPMENT.
92 0604601A INFANTRY SUPPORT WEAPONS..... 66,529 66,529
93 0604604A MEDIUM TACTICAL VEHICLES..... 22,163 22,163
94 0604611A JAVELIN...................... 7,870 7,870
95 0604622A FAMILY OF HEAVY TACTICAL 50,924 50,924
VEHICLES.
96 0604633A AIR TRAFFIC CONTROL.......... 2,623 2,623
97 0604641A TACTICAL UNMANNED GROUND 115,986 115,986
VEHICLE (TUGV).
99 0604645A ARMORED SYSTEMS MODERNIZATION 71,287 71,287
(ASM)--ENG DEV.
100 0604710A NIGHT VISION SYSTEMS--ENG DEV 62,679 62,679
101 0604713A COMBAT FEEDING, CLOTHING, AND 1,566 1,566
EQUIPMENT.
102 0604715A NON-SYSTEM TRAINING DEVICES-- 18,600 18,600
ENG DEV.
103 0604741A AIR DEFENSE COMMAND, CONTROL 39,541 41,541
AND INTELLIGENCE--ENG DEV.
.............................. Machine learning for Army [2,000]
integrated fires.
104 0604742A CONSTRUCTIVE SIMULATION 29,570 29,570
SYSTEMS DEVELOPMENT.
105 0604746A AUTOMATIC TEST EQUIPMENT 5,178 5,178
DEVELOPMENT.
106 0604760A DISTRIBUTIVE INTERACTIVE 8,189 8,189
SIMULATIONS (DIS)--ENG DEV.
109 0604798A BRIGADE ANALYSIS, INTEGRATION 21,228 21,228
AND EVALUATION.
110 0604802A WEAPONS AND MUNITIONS--ENG 263,778 263,778
DEV.
111 0604804A LOGISTICS AND ENGINEER 41,669 41,669
EQUIPMENT--ENG DEV.
112 0604805A COMMAND, CONTROL, 40,038 40,038
COMMUNICATIONS SYSTEMS--ENG
DEV.
113 0604807A MEDICAL MATERIEL/MEDICAL 5,513 5,513
BIOLOGICAL DEFENSE
EQUIPMENT--ENG DEV.
114 0604808A LANDMINE WARFARE/BARRIER--ENG 12,150 12,150
DEV.
115 0604818A ARMY TACTICAL COMMAND & 111,690 134,690
CONTROL HARDWARE & SOFTWARE.
.............................. Red team automation/ zero- [23,000]
trust capabilities.
116 0604820A RADAR DEVELOPMENT............ 71,259 71,259
117 0604822A GENERAL FUND ENTERPRISE 10,402 10,402
BUSINESS SYSTEM (GFEBS).
119 0604827A SOLDIER SYSTEMS--WARRIOR DEM/ 11,425 11,425
VAL.
120 0604852A SUITE OF SURVIVABILITY 109,702 119,702
ENHANCEMENT SYSTEMS--EMD.
.............................. Low detectable, optically- [10,000]
triggered active protection
system.
121 0604854A ARTILLERY SYSTEMS--EMD....... 23,106 23,106
122 0605013A INFORMATION TECHNOLOGY 124,475 109,475
DEVELOPMENT.
.............................. Army contract writing system. [-15,000]
[[Page S6203]]
123 0605018A INTEGRATED PERSONNEL AND PAY 67,564 67,564
SYSTEM-ARMY (IPPS-A).
125 0605030A JOINT TACTICAL NETWORK CENTER 17,950 17,950
(JTNC).
126 0605031A JOINT TACTICAL NETWORK (JTN). 30,169 30,169
128 0605035A COMMON INFRARED 11,523 11,523
COUNTERMEASURES (CIRCM).
130 0605041A DEFENSIVE CYBER TOOL 33,029 33,029
DEVELOPMENT.
131 0605042A TACTICAL NETWORK RADIO 4,497 4,497
SYSTEMS (LOW-TIER).
132 0605047A CONTRACT WRITING SYSTEM...... 23,487 23,487
133 0605051A AIRCRAFT SURVIVABILITY 19,123 19,123
DEVELOPMENT.
134 0605052A INDIRECT FIRE PROTECTION 131,093 131,093
CAPABILITY INC 2--BLOCK 1.
135 0605053A GROUND ROBOTICS.............. 26,809 26,809
136 0605054A EMERGING TECHNOLOGY 185,311 217,311
INITIATIVES.
.............................. Palletized high energy laser. [32,000]
137 0605143A BIOMETRICS ENABLING 11,091 11,091
CAPABILITY (BEC).
138 0605144A NEXT GENERATION LOAD DEVICE-- 22,439 22,439
MEDIUM.
140 0605148A TACTICAL INTEL TARGETING 58,087 138,987
ACCESS NODE (TITAN) EMD.
.............................. Family of Integrated [30,000]
Targeting Cells (FITC) TITAN.
.............................. TITAN realignment of funds... [50,900]
141 0605203A ARMY SYSTEM DEVELOPMENT & 119,516 143,616
DEMONSTRATION.
.............................. CYBERCOM UFR--Joint [24,100]
cyberspace warfighting
architecture.
142 0605205A SMALL UNMANNED AERIAL VEHICLE 6,530 6,530
(SUAV) (6.5).
143 0605224A MULTI-DOMAIN INTELLIGENCE.... 19,911 19,911
145 0605231A PRECISION STRIKE MISSILE 259,506 259,506
(PRSM).
146 0605232A HYPERSONICS EMD.............. 633,499 633,499
147 0605233A ACCESSIONS INFORMATION 13,647 13,647
ENVIRONMENT (AIE).
148 0605235A STRATEGIC MID-RANGE 5,016 5,016
CAPABILITY.
149 0605236A INTEGRATED TACTICAL 12,447 12,447
COMMUNICATIONS.
150 0605450A JOINT AIR-TO-GROUND MISSILE 2,366 2,366
(JAGM).
151 0605457A ARMY INTEGRATED AIR AND 265,288 267,288
MISSILE DEFENSE (AIAMD).
.............................. Kill chain automation........ [2,000]
152 0605531A COUNTER--SMALL UNMANNED 14,892 14,892
AIRCRAFT SYSTEMS SYS DEV &
DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE........ 589,762 589,762
154 0605766A NATIONAL CAPABILITIES 17,030 17,030
INTEGRATION (MIP).
155 0605812A JOINT LIGHT TACTICAL VEHICLE 9,376 9,376
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT 2,959 2,959
EQUIPMENT.
157 0303032A TROJAN--RH12................. 3,761 3,761
160 0304270A ELECTRONIC WARFARE 56,938 99,838
DEVELOPMENT.
.............................. INDOPACOM UFR--SIGINT [4,900]
upgrades.
.............................. Realignment of funds......... [38,000]
.............................. SUBTOTAL SYSTEM DEVELOPMENT & 4,031,334 4,233,234
DEMONSTRATION.
..............................
.............................. MANAGEMENT SUPPORT
[[Page S6204]]
161 0604256A THREAT SIMULATOR DEVELOPMENT. 18,437 28,437
.............................. TECCE Scholarship Pathfinder [10,000]
program.
162 0604258A TARGET SYSTEMS DEVELOPMENT... 19,132 19,132
163 0604759A MAJOR T&E INVESTMENT......... 107,706 107,706
164 0605103A RAND ARROYO CENTER........... 35,542 35,542
165 0605301A ARMY KWAJALEIN ATOLL......... 309,005 309,005
166 0605326A CONCEPTS EXPERIMENTATION 87,122 87,122
PROGRAM.
168 0605601A ARMY TEST RANGES AND 401,643 401,643
FACILITIES.
169 0605602A ARMY TECHNICAL TEST 37,962 37,962
INSTRUMENTATION AND TARGETS.
170 0605604A SURVIVABILITY/LETHALITY 36,500 36,500
ANALYSIS.
171 0605606A AIRCRAFT CERTIFICATION....... 2,777 2,777
172 0605702A METEOROLOGICAL SUPPORT TO 6,958 6,958
RDT&E ACTIVITIES.
173 0605706A MATERIEL SYSTEMS ANALYSIS.... 22,037 22,037
174 0605709A EXPLOITATION OF FOREIGN ITEMS 6,186 6,186
175 0605712A SUPPORT OF OPERATIONAL 70,718 70,718
TESTING.
176 0605716A ARMY EVALUATION CENTER....... 67,058 67,058
177 0605718A ARMY MODELING & SIM X-CMD 6,097 6,097
COLLABORATION & INTEG.
178 0605801A PROGRAMWIDE ACTIVITIES....... 89,793 89,793
179 0605803A TECHNICAL INFORMATION 28,752 28,752
ACTIVITIES.
180 0605805A MUNITIONS STANDARDIZATION, 48,316 48,316
EFFECTIVENESS AND SAFETY.
181 0605857A ENVIRONMENTAL QUALITY 1,912 1,912
TECHNOLOGY MGMT SUPPORT.
182 0605898A ARMY DIRECT REPORT 53,271 53,271
HEADQUARTERS--R&D - MHA.
183 0606002A RONALD REAGAN BALLISTIC 90,088 90,088
MISSILE DEFENSE TEST SITE.
184 0606003A COUNTERINTEL AND HUMAN INTEL 1,424 1,424
MODERNIZATION.
186 0606942A ASSESSMENTS AND EVALUATIONS 5,816 5,816
CYBER VULNERABILITIES.
.............................. SUBTOTAL MANAGEMENT SUPPORT.. 1,554,252 1,564,252
..............................
.............................. OPERATIONAL SYSTEMS
DEVELOPMENT
188 0603778A MLRS PRODUCT IMPROVEMENT 18,463 18,463
PROGRAM.
189 0605024A ANTI-TAMPER TECHNOLOGY 9,284 9,284
SUPPORT.
190 0607131A WEAPONS AND MUNITIONS PRODUCT 11,674 11,674
IMPROVEMENT PROGRAMS.
193 0607137A CHINOOK PRODUCT IMPROVEMENT 52,513 52,513
PROGRAM.
194 0607139A IMPROVED TURBINE ENGINE 228,036 228,036
PROGRAM.
195 0607142A AVIATION ROCKET SYSTEM 11,312 11,312
PRODUCT IMPROVEMENT AND
DEVELOPMENT.
196 0607143A UNMANNED AIRCRAFT SYSTEM 512 512
UNIVERSAL PRODUCTS.
197 0607145A APACHE FUTURE DEVELOPMENT.... 10,074 10,074
[[Page S6205]]
198 0607148A AN/TPQ-53 COUNTERFIRE TARGET 62,559 62,559
ACQUISITION RADAR SYSTEM.
199 0607150A INTEL CYBER DEVELOPMENT...... 13,343 33,343
.............................. Offensive cyber capabilities. [20,000]
200 0607312A ARMY OPERATIONAL SYSTEMS 26,131 26,131
DEVELOPMENT.
201 0607313A ELECTRONIC WARFARE 6,432 6,432
DEVELOPMENT.
202 0607665A FAMILY OF BIOMETRICS......... 1,114 1,114
203 0607865A PATRIOT PRODUCT IMPROVEMENT.. 152,312 152,312
204 0203728A JOINT AUTOMATED DEEP 19,329 19,329
OPERATION COORDINATION
SYSTEM (JADOCS).
205 0203735A COMBAT VEHICLE IMPROVEMENT 192,310 192,310
PROGRAMS.
206 0203743A 155MM SELF-PROPELLED HOWITZER 136,680 136,680
IMPROVEMENTS.
208 0203752A AIRCRAFT ENGINE COMPONENT 148 148
IMPROVEMENT PROGRAM.
209 0203758A DIGITIZATION................. 2,100 2,100
210 0203801A MISSILE/AIR DEFENSE PRODUCT 3,109 63,109
IMPROVEMENT PROGRAM.
.............................. Army UFR--Next gen Stinger [60,000]
missile replacement.
211 0203802A OTHER MISSILE PRODUCT 9,027 9,027
IMPROVEMENT PROGRAMS.
212 0205412A ENVIRONMENTAL QUALITY 793 793
TECHNOLOGY--OPERATIONAL
SYSTEM DEV.
213 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 20,180 20,180
SYSTEM (GMLRS).
214 0208053A JOINT TACTICAL GROUND SYSTEM. 8,813 8,813
217 0303140A INFORMATION SYSTEMS SECURITY 17,209 17,209
PROGRAM.
218 0303141A GLOBAL COMBAT SUPPORT SYSTEM. 27,100 27,100
219 0303142A SATCOM GROUND ENVIRONMENT 18,321 18,321
(SPACE).
222 0305179A INTEGRATED BROADCAST SERVICE 9,926 9,926
(IBS).
223 0305204A TACTICAL UNMANNED AERIAL 4,500 4,500
VEHICLES.
224 0305206A AIRBORNE RECONNAISSANCE 17,165 17,165
SYSTEMS.
227 0708045A END ITEM INDUSTRIAL 91,270 91,270
PREPAREDNESS ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS.......... 6,664 6,664
.............................. SUBTOTAL OPERATIONAL SYSTEMS 1,188,403 1,268,403
DEVELOPMENT.
..............................
.............................. SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS
228 0608041A DEFENSIVE CYBER--SOFTWARE 94,888 94,888
PROTOTYPE DEVELOPMENT.
.............................. SUBTOTAL SOFTWARE AND DIGITAL 94,888 94,888
TECHNOLOGY PILOT PROGRAMS.
..............................
.............................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED................ 0 395,627
.............................. Inflation effects............ [395,627]
.............................. SUBTOTAL UNDISTRIBUTED....... 0 395,627
..............................
.............................. TOTAL RESEARCH, DEVELOPMENT, 13,710,273 14,552,310
TEST & EVAL, ARMY.
..............................
[[Page S6206]]
.............................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.............................. BASIC RESEARCH
1 0601103N UNIVERSITY RESEARCH 90,076 99,876
INITIATIVES.
.............................. All-digital arrays for long- [9,800]
distance applications.
3 0601153N DEFENSE RESEARCH SCIENCES.... 499,116 529,116
.............................. Basic research increase...... [30,000]
.............................. SUBTOTAL BASIC RESEARCH...... 589,192 628,992
..............................
.............................. APPLIED RESEARCH
4 0602114N POWER PROJECTION APPLIED 22,953 22,953
RESEARCH.
5 0602123N FORCE PROTECTION APPLIED 133,426 156,926
RESEARCH.
.............................. Cavitation erosion prevention [5,000]
.............................. Energy resilience research [3,000]
collaboration.
.............................. Relative positioning of [5,000]
autonomous platforms.
.............................. Workforce and technology for [10,500]
Navy power and energy
systems.
6 0602131M MARINE CORPS LANDING FORCE 53,467 53,467
TECHNOLOGY.
7 0602235N COMMON PICTURE APPLIED 51,911 51,911
RESEARCH.
8 0602236N WARFIGHTER SUSTAINMENT 70,957 70,957
APPLIED RESEARCH.
9 0602271N ELECTROMAGNETIC SYSTEMS 92,444 92,444
APPLIED RESEARCH.
10 0602435N OCEAN WARFIGHTING ENVIRONMENT 74,622 74,622
APPLIED RESEARCH.
11 0602651M JOINT NON-LETHAL WEAPONS 6,700 6,700
APPLIED RESEARCH.
12 0602747N UNDERSEA WARFARE APPLIED 58,111 65,111
RESEARCH.
.............................. Dual-modality research [2,000]
vessels.
.............................. Submarine and undersea [5,000]
vehicle research and
workforce partnerships.
13 0602750N FUTURE NAVAL CAPABILITIES 173,641 173,641
APPLIED RESEARCH.
14 0602782N MINE AND EXPEDITIONARY 31,649 31,649
WARFARE APPLIED RESEARCH.
15 0602792N INNOVATIVE NAVAL PROTOTYPES 120,637 146,237
(INP) APPLIED RESEARCH.
.............................. Navy UFR--Alternative CONOPS [25,600]
Goalkeeper.
16 0602861N SCIENCE AND TECHNOLOGY 81,296 81,296
MANAGEMENT--ONR FIELD
ACITIVITIES.
.............................. SUBTOTAL APPLIED RESEARCH.... 971,814 1,027,914
..............................
.............................. ADVANCED TECHNOLOGY
DEVELOPMENT
17 0603123N FORCE PROTECTION ADVANCED 16,933 16,933
TECHNOLOGY.
18 0603271N ELECTROMAGNETIC SYSTEMS 8,253 8,253
ADVANCED TECHNOLOGY.
19 0603640M USMC ADVANCED TECHNOLOGY 280,285 330,285
DEMONSTRATION (ATD).
.............................. Low-cost attritable aircraft [50,000]
technology.
20 0603651M JOINT NON-LETHAL WEAPONS 14,048 14,048
TECHNOLOGY DEVELOPMENT.
[[Page S6207]]
21 0603673N FUTURE NAVAL CAPABILITIES 251,267 251,267
ADVANCED TECHNOLOGY
DEVELOPMENT.
22 0603680N MANUFACTURING TECHNOLOGY 60,704 60,704
PROGRAM.
23 0603729N WARFIGHTER PROTECTION 4,999 4,999
ADVANCED TECHNOLOGY.
24 0603758N NAVY WARFIGHTING EXPERIMENTS 83,137 83,137
AND DEMONSTRATIONS.
25 0603782N MINE AND EXPEDITIONARY 2,007 2,007
WARFARE ADVANCED TECHNOLOGY.
26 0603801N INNOVATIVE NAVAL PROTOTYPES 144,122 205,422
(INP) ADVANCED TECHNOLOGY
DEVELOPMENT.
.............................. Navy UFR--Alternative CONOPS [61,300]
Goalkeeper.
.............................. SUBTOTAL ADVANCED TECHNOLOGY 865,755 977,055
DEVELOPMENT.
..............................
.............................. ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
27 0603128N UNMANNED AERIAL SYSTEM....... 96,883 96,883
28 0603178N LARGE UNMANNED SURFACE 146,840 146,840
VEHICLES (LUSV).
29 0603207N AIR/OCEAN TACTICAL 39,737 39,737
APPLICATIONS.
30 0603216N AVIATION SURVIVABILITY....... 17,434 17,434
31 0603239N NAVAL CONSTRUCTION FORCES.... 1,706 1,706
33 0603254N ASW SYSTEMS DEVELOPMENT...... 15,986 15,986
34 0603261N TACTICAL AIRBORNE 3,562 3,562
RECONNAISSANCE.
35 0603382N ADVANCED COMBAT SYSTEMS 18,628 59,328
TECHNOLOGY.
.............................. Navy UFR--Alternative CONOPS [40,700]
Goalkeeper.
36 0603502N SURFACE AND SHALLOW WATER 87,825 87,825
MINE COUNTERMEASURES.
37 0603506N SURFACE SHIP TORPEDO DEFENSE. 473 473
38 0603512N CARRIER SYSTEMS DEVELOPMENT.. 11,567 11,567
39 0603525N PILOT FISH................... 672,461 672,461
40 0603527N RETRACT LARCH................ 7,483 7,483
41 0603536N RETRACT JUNIPER.............. 239,336 239,336
42 0603542N RADIOLOGICAL CONTROL......... 772 772
43 0603553N SURFACE ASW.................. 1,180 1,180
44 0603561N ADVANCED SUBMARINE SYSTEM 105,703 105,703
DEVELOPMENT.
45 0603562N SUBMARINE TACTICAL WARFARE 10,917 10,917
SYSTEMS.
46 0603563N SHIP CONCEPT ADVANCED DESIGN. 82,205 82,205
47 0603564N SHIP PRELIMINARY DESIGN & 75,327 75,327
FEASIBILITY STUDIES.
48 0603570N ADVANCED NUCLEAR POWER 227,400 227,400
SYSTEMS.
49 0603573N ADVANCED SURFACE MACHINERY 176,600 188,200
SYSTEMS.
.............................. Silicon carbide power modules [11,600]
50 0603576N CHALK EAGLE.................. 91,584 91,584
51 0603581N LITTORAL COMBAT SHIP (LCS)... 96,444 96,444
52 0603582N COMBAT SYSTEM INTEGRATION.... 18,236 18,236
53 0603595N OHIO REPLACEMENT............. 335,981 350,981
.............................. Rapid realization of [15,000]
composites for wet submarine
application.
54 0603596N LCS MISSION MODULES.......... 41,533 41,533
[[Page S6208]]
55 0603597N AUTOMATED TEST AND RE-TEST 9,773 9,773
(ATRT).
56 0603599N FRIGATE DEVELOPMENT.......... 118,626 118,626
57 0603609N CONVENTIONAL MUNITIONS....... 9,286 9,286
58 0603635M MARINE CORPS GROUND COMBAT/ 111,431 111,431
SUPPORT SYSTEM.
59 0603654N JOINT SERVICE EXPLOSIVE 36,496 36,496
ORDNANCE DEVELOPMENT.
60 0603713N OCEAN ENGINEERING TECHNOLOGY 6,193 6,193
DEVELOPMENT.
61 0603721N ENVIRONMENTAL PROTECTION..... 21,647 21,647
62 0603724N NAVY ENERGY PROGRAM.......... 60,320 60,320
63 0603725N FACILITIES IMPROVEMENT....... 5,664 5,664
64 0603734N CHALK CORAL.................. 833,634 833,634
65 0603739N NAVY LOGISTIC PRODUCTIVITY... 899 899
66 0603746N RETRACT MAPLE................ 363,973 363,973
67 0603748N LINK PLUMERIA................ 1,038,661 1,038,661
68 0603751N RETRACT ELM.................. 83,445 83,445
69 0603764M LINK EVERGREEN............... 313,761 313,761
70 0603790N NATO RESEARCH AND DEVELOPMENT 8,041 8,041
71 0603795N LAND ATTACK TECHNOLOGY....... 358 358
72 0603851M JOINT NON-LETHAL WEAPONS 30,533 30,533
TESTING.
73 0603860N JOINT PRECISION APPROACH AND 18,628 18,628
LANDING SYSTEMS--DEM/VAL.
74 0603925N DIRECTED ENERGY AND ELECTRIC 65,080 65,080
WEAPON SYSTEMS.
75 0604014N F/A -18 INFRARED SEARCH AND 40,069 40,069
TRACK (IRST).
76 0604027N DIGITAL WARFARE OFFICE....... 165,753 165,753
77 0604028N SMALL AND MEDIUM UNMANNED 106,347 106,347
UNDERSEA VEHICLES.
78 0604029N UNMANNED UNDERSEA VEHICLE 60,697 60,697
CORE TECHNOLOGIES.
79 0604030N RAPID PROTOTYPING, 57,000 57,000
EXPERIMENTATION AND
DEMONSTRATION..
80 0604031N LARGE UNMANNED UNDERSEA 0 100,000
VEHICLES.
.............................. Program continuation......... [100,000]
81 0604112N GERALD R. FORD CLASS NUCLEAR 116,498 116,498
AIRCRAFT CARRIER (CVN 78--
80).
82 0604126N LITTORAL AIRBORNE MCM........ 47,389 47,389
83 0604127N SURFACE MINE COUNTERMEASURES. 12,959 12,959
84 0604272N TACTICAL AIR DIRECTIONAL 15,028 15,028
INFRARED COUNTERMEASURES
(TADIRCM).
85 0604289M NEXT GENERATION LOGISTICS.... 2,342 2,342
86 0604292N FUTURE VERTICAL LIFT 5,103 5,103
(MARITIME STRIKE).
87 0604320M RAPID TECHNOLOGY CAPABILITY 62,927 62,927
PROTOTYPE.
88 0604454N LX (R)....................... 26,630 26,630
89 0604536N ADVANCED UNDERSEA PROTOTYPING 116,880 154,280
.............................. Mk68......................... [37,400]
90 0604636N COUNTER UNMANNED AIRCRAFT 7,438 7,438
SYSTEMS (C-UAS).
91 0604659N PRECISION STRIKE WEAPONS 84,734 84,734
DEVELOPMENT PROGRAM.
92 0604707N SPACE AND ELECTRONIC WARFARE 10,229 10,229
(SEW) ARCHITECTURE/
ENGINEERING SUPPORT.
93 0604786N OFFENSIVE ANTI-SURFACE 124,204 244,304
WARFARE WEAPON DEVELOPMENT.
[[Page S6209]]
.............................. Navy UFR--Hypersonic OASuW [67,100]
Inc 2.
.............................. Navy UFR--LRASM range [53,000]
improvement.
94 0605512N MEDIUM UNMANNED SURFACE 104,000 104,000
VEHICLES (MUSVS)).
95 0605513N UNMANNED SURFACE VEHICLE 181,620 181,620
ENABLING CAPABILITIES.
96 0605514M GROUND BASED ANTI-SHIP 43,090 43,090
MISSILE.
97 0605516M LONG RANGE FIRES............. 36,693 36,693
98 0605518N CONVENTIONAL PROMPT STRIKE 1,205,041 1,205,041
(CPS).
99 0303354N ASW SYSTEMS DEVELOPMENT--MIP. 9,856 9,856
100 0304240M ADVANCED TACTICAL UNMANNED 1,735 1,735
AIRCRAFT SYSTEM.
101 0304270N ELECTRONIC WARFARE 796 796
DEVELOPMENT--MIP.
.............................. SUBTOTAL ADVANCED COMPONENT 8,405,310 8,730,110
DEVELOPMENT & PROTOTYPES.
..............................
.............................. SYSTEM DEVELOPMENT &
DEMONSTRATION
102 0603208N TRAINING SYSTEM AIRCRAFT..... 15,128 15,128
103 0604038N MARITIME TARGETING CELL...... 39,600 129,600
.............................. Family of Integrated [90,000]
Targeting Cells (FITC).
104 0604212N OTHER HELO DEVELOPMENT....... 66,010 66,010
105 0604214M AV-8B AIRCRAFT--ENG DEV...... 9,205 9,205
106 0604215N STANDARDS DEVELOPMENT........ 3,766 3,766
107 0604216N MULTI-MISSION HELICOPTER 44,684 44,684
UPGRADE DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM.... 343 343
109 0604230N WARFARE SUPPORT SYSTEM....... 12,337 12,337
110 0604231N COMMAND AND CONTROL SYSTEMS.. 143,575 143,575
111 0604234N ADVANCED HAWKEYE............. 502,956 502,956
112 0604245M H-1 UPGRADES................. 43,759 43,759
113 0604261N ACOUSTIC SEARCH SENSORS...... 50,231 50,231
114 0604262N V-22A........................ 125,233 125,233
115 0604264N AIR CREW SYSTEMS DEVELOPMENT. 43,282 43,282
116 0604269N EA-18........................ 116,589 116,589
117 0604270N ELECTRONIC WARFARE 141,138 141,138
DEVELOPMENT.
118 0604273M EXECUTIVE HELO DEVELOPMENT... 45,645 45,645
119 0604274N NEXT GENERATION JAMMER (NGJ). 54,679 54,679
120 0604280N JOINT TACTICAL RADIO SYSTEM-- 329,787 329,787
NAVY (JTRS-NAVY).
121 0604282N NEXT GENERATION JAMMER (NGJ) 301,737 301,737
INCREMENT II.
122 0604307N SURFACE COMBATANT COMBAT 347,233 347,233
SYSTEM ENGINEERING.
124 0604329N SMALL DIAMETER BOMB (SDB).... 42,881 42,881
125 0604366N STANDARD MISSILE IMPROVEMENTS 319,943 319,943
126 0604373N AIRBORNE MCM................. 10,882 10,882
127 0604378N NAVAL INTEGRATED FIRE 45,892 60,892
CONTROL--COUNTER AIR SYSTEMS
ENGINEERING.
.............................. Stratospheric balloon [15,000]
research.
128 0604419N ADVANCED SENSORS APPLICATION 0 13,000
PROGRAM (ASAP).
.............................. Program increase............. [13,000]
129 0604501N ADVANCED ABOVE WATER SENSORS. 81,254 81,254
130 0604503N SSN-688 AND TRIDENT 93,501 93,501
MODERNIZATION.
[[Page S6210]]
131 0604504N AIR CONTROL.................. 39,138 39,138
132 0604512N SHIPBOARD AVIATION SYSTEMS... 11,759 11,759
133 0604518N COMBAT INFORMATION CENTER 11,160 11,160
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 87,459 87,459
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG) 151 151
136 0604558N NEW DESIGN SSN............... 307,585 496,485
.............................. Advanced undersea capability [188,900]
development.
137 0604562N SUBMARINE TACTICAL WARFARE 58,741 58,741
SYSTEM.
138 0604567N SHIP CONTRACT DESIGN/ LIVE 60,791 60,791
FIRE T&E.
139 0604574N NAVY TACTICAL COMPUTER 4,177 4,177
RESOURCES.
140 0604601N MINE DEVELOPMENT............. 60,793 127,593
.............................. Hammerhead................... [47,500]
.............................. Indian Head explosives [5,000]
research.
.............................. Mk68......................... [4,300]
.............................. Navy UFR--Quickstrike-powered [10,000]
offensive mines.
141 0604610N LIGHTWEIGHT TORPEDO 142,000 142,000
DEVELOPMENT.
142 0604654N JOINT SERVICE EXPLOSIVE 8,618 8,618
ORDNANCE DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING 45,025 45,025
ARMS SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, 7,454 7,454
SIMULATION, AND HUMAN
FACTORS.
145 0604727N JOINT STANDOFF WEAPON SYSTEMS 758 758
146 0604755N SHIP SELF DEFENSE (DETECT & 159,426 159,426
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: 71,818 71,818
HARD KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: 92,687 122,087
SOFT KILL/EW).
.............................. Navy UFR--Counter-C5ISR&T.... [29,400]
149 0604761N INTELLIGENCE ENGINEERING..... 23,742 23,742
150 0604771N MEDICAL DEVELOPMENT.......... 3,178 3,178
151 0604777N NAVIGATION/ID SYSTEM......... 53,209 53,209
152 0604800M JOINT STRIKE FIGHTER (JSF)-- 611 611
EMD.
153 0604800N JOINT STRIKE FIGHTER (JSF)-- 234 234
EMD.
154 0604850N SSN(X)....................... 143,949 143,949
155 0605013M INFORMATION TECHNOLOGY 11,361 11,361
DEVELOPMENT.
156 0605013N INFORMATION TECHNOLOGY 290,353 280,353
DEVELOPMENT.
.............................. Cyber supply chain risk [5,000]
management.
.............................. Electronic procurement system [-15,000]
program reduction.
157 0605024N ANTI-TAMPER TECHNOLOGY 7,271 7,271
SUPPORT.
158 0605180N TACAMO MODERNIZATION......... 554,193 554,193
159 0605212M CH-53K RDTE.................. 220,240 220,240
160 0605215N MISSION PLANNING............. 71,107 71,107
161 0605217N COMMON AVIONICS.............. 77,960 77,960
162 0605220N SHIP TO SHORE CONNECTOR (SSC) 2,886 2,886
163 0605327N T-AO 205 CLASS............... 220 220
164 0605414N UNMANNED CARRIER AVIATION 265,646 265,646
(UCA).
165 0605450M JOINT AIR-TO-GROUND MISSILE 371 371
(JAGM).
[[Page S6211]]
166 0605500N MULTI-MISSION MARITIME 37,939 37,939
AIRCRAFT (MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 161,697 161,697
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 94,569 94,569
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,856 2,856
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000..................... 197,436 197,436
171 0301377N COUNTERING ADVANCED 12,341 12,341
CONVENTIONAL WEAPONS (CACW).
175 0304785N ISR & INFO OPERATIONS........ 135,366 135,366
176 0306250M CYBER OPERATIONS TECHNOLOGY 37,038 37,038
DEVELOPMENT.
.............................. SUBTOTAL SYSTEM DEVELOPMENT & 6,606,583 6,999,683
DEMONSTRATION.
..............................
.............................. MANAGEMENT SUPPORT
177 0604256N THREAT SIMULATOR DEVELOPMENT. 29,430 29,430
178 0604258N TARGET SYSTEMS DEVELOPMENT... 13,708 13,708
179 0604759N MAJOR T&E INVESTMENT......... 95,316 95,316
180 0605152N STUDIES AND ANALYSIS SUPPORT-- 3,286 3,286
NAVY.
181 0605154N CENTER FOR NAVAL ANALYSES.... 40,624 40,624
183 0605804N TECHNICAL INFORMATION 987 987
SERVICES.
184 0605853N MANAGEMENT, TECHNICAL & 105,152 105,152
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT.. 3,787 3,787
186 0605863N RDT&E SHIP AND AIRCRAFT 173,352 173,352
SUPPORT.
187 0605864N TEST AND EVALUATION SUPPORT.. 468,281 468,281
188 0605865N OPERATIONAL TEST AND 27,808 27,808
EVALUATION CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC 27,175 27,175
WARFARE (SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/ 7,186 7,186
RECONNAISSANCE SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE 39,744 39,744
SUPPORT.
192 0605898N MANAGEMENT HQ--R&D........... 40,648 40,648
193 0606355N WARFARE INNOVATION MANAGEMENT 52,060 52,060
194 0305327N INSIDER THREAT............... 2,315 2,315
195 0902498N MANAGEMENT HEADQUARTERS 1,811 1,811
(DEPARTMENTAL SUPPORT
ACTIVITIES).
.............................. SUBTOTAL MANAGEMENT SUPPORT.. 1,132,670 1,132,670
..............................
.............................. OPERATIONAL SYSTEMS
DEVELOPMENT
198 0603273N SCIENCE & TECHNOLOGY FOR 65,735 65,735
NUCLEAR RE-ENTRY SYSTEMS.
201 0604840M F-35 C2D2.................... 525,338 525,338
202 0604840N F-35 C2D2.................... 491,513 491,513
203 0605520M MARINE CORPS AIR DEFENSE 48,663 48,663
WEAPONS SYSTEMS.
204 0607658N COOPERATIVE ENGAGEMENT 156,121 156,121
CAPABILITY (CEC).
205 0101221N STRATEGIC SUB & WEAPONS 284,502 284,502
SYSTEM SUPPORT.
206 0101224N SSBN SECURITY TECHNOLOGY 50,939 50,939
PROGRAM.
[[Page S6212]]
207 0101226N SUBMARINE ACOUSTIC WARFARE 81,237 81,237
DEVELOPMENT.
208 0101402N NAVY STRATEGIC COMMUNICATIONS 49,424 49,424
209 0204136N F/A-18 SQUADRONS............. 238,974 238,974
210 0204228N SURFACE SUPPORT.............. 12,197 12,197
211 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,719 157,719
PLANNING CENTER (TMPC).
.............................. Submarine Launched Cruise [25,000]
Missile--Nuclear (SLCM-N)
research.
212 0204311N INTEGRATED SURVEILLANCE 68,417 82,917
SYSTEM.
.............................. Navy UFR--IUSS DSS DWA rapid [14,500]
operational development.
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 1,188 1,188
SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL SUPPORT 1,789 1,789
UNITS (DISPLACEMENT CRAFT).
215 0204460M GROUND/AIR TASK ORIENTED 61,422 85,422
RADAR (G/ATOR).
.............................. USMC UFR--AN/TPS-80 G/ATOR [24,000]
radar traffic control R&D.
216 0204571N CONSOLIDATED TRAINING SYSTEMS 70,339 70,339
DEVELOPMENT.
217 0204575N ELECTRONIC WARFARE (EW) 47,436 47,436
READINESS SUPPORT.
218 0205601N ANTI-RADIATION MISSILE 90,779 90,779
IMPROVEMENT.
219 0205620N SURFACE ASW COMBAT SYSTEM 28,999 28,999
INTEGRATION.
220 0205632N MK-48 ADCAP.................. 155,868 155,868
221 0205633N AVIATION IMPROVEMENTS........ 130,450 130,450
222 0205675N OPERATIONAL NUCLEAR POWER 121,439 121,439
SYSTEMS.
223 0206313M MARINE CORPS COMMUNICATIONS 114,305 119,305
SYSTEMS.
.............................. USMC UFR--COSMOS............. [5,000]
224 0206335M COMMON AVIATION COMMAND AND 14,865 14,865
CONTROL SYSTEM (CAC2S).
225 0206623M MARINE CORPS GROUND COMBAT/ 100,536 100,536
SUPPORTING ARMS SYSTEMS.
226 0206624M MARINE CORPS COMBAT SERVICES 26,522 26,522
SUPPORT.
227 0206625M USMC INTELLIGENCE/ELECTRONIC 51,976 51,976
WARFARE SYSTEMS (MIP).
228 0206629M AMPHIBIOUS ASSAULT VEHICLE... 8,246 8,246
229 0207161N TACTICAL AIM MISSILES........ 29,236 29,236
230 0207163N ADVANCED MEDIUM RANGE AIR-TO- 30,898 30,898
AIR MISSILE (AMRAAM).
231 0208043N PLANNING AND DECISION AID 3,609 3,609
SYSTEM (PDAS).
236 0303138N AFLOAT NETWORKS.............. 45,693 45,693
237 0303140N INFORMATION SYSTEMS SECURITY 33,752 33,752
PROGRAM.
238 0305192N MILITARY INTELLIGENCE PROGRAM 8,415 8,415
(MIP) ACTIVITIES.
239 0305204N TACTICAL UNMANNED AERIAL 10,576 10,576
VEHICLES.
240 0305205N UAS INTEGRATION AND 18,373 18,373
INTEROPERABILITY.
241 0305208M DISTRIBUTED COMMON GROUND/ 45,705 45,705
SURFACE SYSTEMS.
242 0305220N MQ-4C TRITON................. 13,893 13,893
244 0305232M RQ-11 UAV.................... 1,234 1,234
[[Page S6213]]
245 0305234N SMALL (LEVEL 0) TACTICAL UAS 3,761 3,761
(STUASL0).
247 0305241N MULTI-INTELLIGENCE SENSOR 56,261 56,261
DEVELOPMENT.
248 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,780 11,780
PAYLOADS (MIP).
.............................. Autonomous MPA............... [2,000]
249 0305251N CYBERSPACE OPERATIONS FORCES 36,505 36,505
AND FORCE SUPPORT.
250 0305421N RQ-4 MODERNIZATION........... 163,277 163,277
251 0307577N INTELLIGENCE MISSION DATA 851 851
(IMD).
252 0308601N MODELING AND SIMULATION 9,437 9,437
SUPPORT.
253 0702207N DEPOT MAINTENANCE (NON-IF)... 26,248 26,248
254 0708730N MARITIME TECHNOLOGY 2,133 2,133
(MARITECH).
9999 9999999999 CLASSIFIED PROGRAMS.......... 1,701,811 1,701,811
.............................. SUBTOTAL OPERATIONAL SYSTEMS 5,483,386 5,553,886
DEVELOPMENT.
..............................
.............................. SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS
256 0608013N RISK MANAGEMENT INFORMATION-- 12,810 12,810
SOFTWARE PILOT PROGRAM.
257 0608231N MARITIME TACTICAL COMMAND AND 11,198 11,198
CONTROL (MTC2)--SOFTWARE
PILOT PROGRAM.
.............................. SUBTOTAL SOFTWARE AND DIGITAL 24,008 24,008
TECHNOLOGY PILOT PROGRAMS.
..............................
.............................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED................ 0 409,201
.............................. Inflation effects............ [409,201]
.............................. SUBTOTAL UNDISTRIBUTED....... 0 409,201
..............................
.............................. TOTAL RESEARCH, DEVELOPMENT, 24,078,718 25,483,519
TEST & EVAL, NAVY.
..............................
.............................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.............................. BASIC RESEARCH
1 0601102F DEFENSE RESEARCH SCIENCES.... 375,325 405,325
.............................. Basic research increase...... [30,000]
2 0601103F UNIVERSITY RESEARCH 171,192 171,192
INITIATIVES.
.............................. SUBTOTAL BASIC RESEARCH...... 546,517 576,517
..............................
.............................. APPLIED RESEARCH
4 0602020F FUTURE AF CAPABILITIES 88,672 88,672
APPLIED RESEARCH.
5 0602102F MATERIALS.................... 134,795 139,795
.............................. High energy synchotron X-ray [5,000]
research.
6 0602201F AEROSPACE VEHICLE 159,453 159,453
TECHNOLOGIES.
7 0602202F HUMAN EFFECTIVENESS APPLIED 135,771 135,771
RESEARCH.
8 0602203F AEROSPACE PROPULSION......... 172,861 172,861
9 0602204F AEROSPACE SENSORS............ 192,733 262,733
.............................. National network for [70,000]
microelectronics research
and development activities.
11 0602298F SCIENCE AND TECHNOLOGY 8,856 8,856
MANAGEMENT-- MAJOR
HEADQUARTERS ACTIVITIES.
12 0602602F CONVENTIONAL MUNITIONS....... 137,303 142,303
[[Page S6214]]
.............................. Convergence Lab Center [5,000]
activities.
13 0602605F DIRECTED ENERGY TECHNOLOGY... 109,302 100,947
.............................. Realignment of funds......... [-8,355]
14 0602788F DOMINANT INFORMATION SCIENCES 166,041 166,041
AND METHODS.
.............................. SUBTOTAL APPLIED RESEARCH.... 1,305,787 1,377,432
..............................
.............................. ADVANCED TECHNOLOGY
DEVELOPMENT
16 0603032F FUTURE AF INTEGRATED 152,559 102,559
TECHNOLOGY DEMOS.
.............................. Program reduction............ [-50,000]
17 0603112F ADVANCED MATERIALS FOR WEAPON 29,116 34,116
SYSTEMS.
.............................. Metals Affordability [5,000]
Initiative.
18 0603199F SUSTAINMENT SCIENCE AND 10,695 10,695
TECHNOLOGY (S&T).
19 0603203F ADVANCED AEROSPACE SENSORS... 36,997 36,997
20 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 54,727 66,220
.............................. Realignment of funds......... [-8,507]
.............................. Unmanned semi-autonomous [20,000]
adversary aircraft.
21 0603216F AEROSPACE PROPULSION AND 64,254 72,761
POWER TECHNOLOGY.
.............................. Realignment of funds......... [8,507]
22 0603270F ELECTRONIC COMBAT TECHNOLOGY. 33,380 33,380
23 0603273F SCIENCE & TECHNOLOGY FOR 39,431 39,431
NUCLEAR RE-ENTRY SYSTEMS.
26 0603456F HUMAN EFFECTIVENESS ADVANCED 20,652 20,652
TECHNOLOGY DEVELOPMENT.
27 0603601F CONVENTIONAL WEAPONS 187,374 187,374
TECHNOLOGY.
28 0603605F ADVANCED WEAPONS TECHNOLOGY.. 98,503 98,503
29 0603680F MANUFACTURING TECHNOLOGY 47,759 47,759
PROGRAM.
30 0603788F BATTLESPACE KNOWLEDGE 51,824 51,824
DEVELOPMENT AND
DEMONSTRATION.
.............................. SUBTOTAL ADVANCED TECHNOLOGY 827,271 802,271
DEVELOPMENT.
..............................
.............................. ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
31 0603036F MODULAR ADVANCED MISSILE..... 125,688 125,688
32 0603260F INTELLIGENCE ADVANCED 6,101 6,101
DEVELOPMENT.
33 0603742F COMBAT IDENTIFICATION 17,318 17,318
TECHNOLOGY.
34 0603790F NATO RESEARCH AND DEVELOPMENT 4,295 4,295
35 0603851F INTERCONTINENTAL BALLISTIC 46,432 46,432
MISSILE--DEM/VAL.
36 0604001F NC3 ADVANCED CONCEPTS........ 5,098 5,098
38 0604003F ADVANCED BATTLE MANAGEMENT 231,408 231,408
SYSTEM (ABMS).
39 0604004F ADVANCED ENGINE DEVELOPMENT.. 353,658 353,658
40 0604006F DEPT OF THE AIR FORCE TECH 66,615 66,615
ARCHITECTURE.
41 0604015F LONG RANGE STRIKE--BOMBER.... 3,253,584 3,253,584
42 0604032F DIRECTED ENERGY PROTOTYPING.. 4,269 4,269
43 0604033F HYPERSONICS PROTOTYPING...... 431,868 161,547
.............................. Realignment of funds......... [-316,887]
[[Page S6215]]
.............................. Realignment of funds from [46,566]
MPAF line 6.
44 0604183F HYPERSONICS PROTOTYPING-- 144,891 461,778
HYPERSONIC ATTACK CRUISE
MISSILE (HACM).
.............................. Realignment of funds......... [316,887]
45 0604201F PNT RESILIENCY, MODS, AND 12,010 12,010
IMPROVEMENTS.
46 0604257F ADVANCED TECHNOLOGY AND 13,311 13,311
SENSORS.
47 0604288F SURVIVABLE AIRBORNE 203,213 203,213
OPERATIONS CENTER.
48 0604317F TECHNOLOGY TRANSFER.......... 16,759 16,759
49 0604327F HARD AND DEEPLY BURIED TARGET 106,826 141,826
DEFEAT SYSTEM (HDBTDS)
PROGRAM.
.............................. CENTCOM UFR--HDBTDS program.. [35,000]
50 0604414F CYBER RESILIENCY OF WEAPON 44,526 69,526
SYSTEMS-ACS.
.............................. Program increase............. [25,000]
51 0604668F JOINT TRANSPORTATION 51,758 51,758
MANAGEMENT SYSTEM (JTMS).
52 0604776F DEPLOYMENT & DISTRIBUTION 27,586 27,586
ENTERPRISE R&D.
53 0604858F TECH TRANSITION PROGRAM...... 649,545 603,545
.............................. Air Force operational energy [10,000]
increase.
.............................. Hybrid autonomous maritime [2,000]
expeditionary logistics.
.............................. Realignment of funds to APAF. [-42,500]
.............................. Realignment of funds to line [-15,500]
54.
54 0604860F OPERATIONAL ENERGY AND 0 15,500
INSTALLATION RESILIENCE.
.............................. Realignment of funds......... [15,500]
56 0207110F NEXT GENERATION AIR DOMINANCE 1,657,733 1,657,733
57 0207179F AUTONOMOUS COLLABORATIVE 51,747 51,747
PLATFORMS.
58 0207420F COMBAT IDENTIFICATION........ 1,866 1,866
59 0207455F THREE DIMENSIONAL LONG-RANGE 14,490 14,490
RADAR (3DELRR).
60 0207522F AIRBASE AIR DEFENSE SYSTEMS 52,498 52,498
(ABADS).
61 0208030F WAR RESERVE MATERIEL-- 10,288 10,288
AMMUNITION.
64 0305236F COMMON DATA LINK EXECUTIVE 37,460 37,460
AGENT (CDL EA).
65 0305601F MISSION PARTNER ENVIRONMENTS. 17,378 17,378
66 0306250F CYBER OPERATIONS TECHNOLOGY 234,576 365,276
SUPPORT.
.............................. AI systems and applications [50,000]
for CYBERCOM.
.............................. CYBERCOM UFR--Cyber mission [31,000]
force operational support.
.............................. CYBERCOM UFR--Joint [20,900]
cyberspace warfighting
architecture.
.............................. Hunt forward operations...... [28,800]
67 0306415F ENABLED CYBER ACTIVITIES..... 16,728 16,728
70 0808737F CVV INTEGRATED PREVENTION.... 9,315 9,315
71 0901410F CONTRACTING INFORMATION 14,050 14,050
TECHNOLOGY SYSTEM.
72 1206415F U.S. SPACE COMMAND RESEARCH 10,350 10,350
AND DEVELOPMENT SUPPORT.
.............................. SUBTOTAL ADVANCED COMPONENT 7,945,238 8,152,004
DEVELOPMENT & PROTOTYPES.
..............................
.............................. SYSTEM DEVELOPMENT &
DEMONSTRATION
[[Page S6216]]
73 0604200F FUTURE ADVANCED WEAPON 9,879 9,879
ANALYSIS & PROGRAMS.
74 0604201F PNT RESILIENCY, MODS, AND 176,824 176,824
IMPROVEMENTS.
75 0604222F NUCLEAR WEAPONS SUPPORT...... 64,425 64,425
76 0604270F ELECTRONIC WARFARE 2,222 2,222
DEVELOPMENT.
77 0604281F TACTICAL DATA NETWORKS 133,117 133,117
ENTERPRISE.
78 0604287F PHYSICAL SECURITY EQUIPMENT.. 8,493 8,493
79 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 5,279 5,279
80 0604604F SUBMUNITIONS................. 3,273 3,273
81 0604617F AGILE COMBAT SUPPORT......... 14,252 14,252
83 0604706F LIFE SUPPORT SYSTEMS......... 47,442 47,442
84 0604735F COMBAT TRAINING RANGES....... 91,284 91,284
86 0604932F LONG RANGE STANDOFF WEAPON... 928,850 928,850
87 0604933F ICBM FUZE MODERNIZATION...... 98,376 98,376
88 0605030F JOINT TACTICAL NETWORK CENTER 2,222 2,222
(JTNC).
89 0605056F OPEN ARCHITECTURE MANAGEMENT. 38,222 38,222
90 0605223F ADVANCED PILOT TRAINING...... 37,121 37,121
91 0605229F HH-60W....................... 58,974 58,974
92 0605238F GROUND BASED STRATEGIC 3,614,290 3,614,290
DETERRENT EMD.
94 0207171F F-15 EPAWSS.................. 67,956 67,956
95 0207279F ISOLATED PERSONNEL 27,881 27,881
SURVIVABILITY AND RECOVERY.
96 0207328F STAND IN ATTACK WEAPON....... 283,152 283,152
97 0207701F FULL COMBAT MISSION TRAINING. 3,028 3,028
102 0401221F KC-46A TANKER SQUADRONS...... 197,510 197,510
103 0401319F VC-25B....................... 492,932 492,932
104 0701212F AUTOMATED TEST SYSTEMS....... 16,664 16,664
105 0804772F TRAINING DEVELOPMENTS........ 15,138 15,138
107 1206442F NEXT GENERATION OPIR......... 148 148
.............................. SUBTOTAL SYSTEM DEVELOPMENT & 6,438,954 6,438,954
DEMONSTRATION.
..............................
.............................. MANAGEMENT SUPPORT
108 0604256F THREAT SIMULATOR DEVELOPMENT. 21,067 21,067
109 0604759F MAJOR T&E INVESTMENT......... 44,714 201,314
.............................. Air Force UFR--Gulf [55,200]
instrumentation for
hypersonics testing.
.............................. Air Force UFR--Quick reaction [14,700]
test capability for
hypersonics testing.
.............................. Air Force UFR--VKF wind [56,700]
tunnel improvements for
hypersonics testing.
.............................. Major Range and Test Facility [30,000]
Base improvements.
110 0605101F RAND PROJECT AIR FORCE....... 37,921 37,921
111 0605502F SMALL BUSINESS INNOVATION 86 86
RESEARCH.
112 0605712F INITIAL OPERATIONAL TEST & 13,926 13,926
EVALUATION.
113 0605807F TEST AND EVALUATION SUPPORT.. 826,854 841,854
.............................. Air Force UFR--EDW/Eglin [10,000]
hypersonics testing.
.............................. Air Force UFR--VKF wind [5,000]
tunnel throughput for
hypersonics testing.
115 0605827F ACQ WORKFORCE- GLOBAL VIG & 255,995 283,995
COMBAT SYS.
.............................. Realignment of funds......... [28,000]
116 0605828F ACQ WORKFORCE- GLOBAL REACH.. 457,589 457,589
[[Page S6217]]
117 0605829F ACQ WORKFORCE- CYBER, 459,223 473,423
NETWORK, & BUS SYS.
.............................. Realignment of funds......... [14,200]
118 0605830F ACQ WORKFORCE- GLOBAL BATTLE 3,696 3,696
MGMT.
119 0605831F ACQ WORKFORCE- CAPABILITY 229,610 253,610
INTEGRATION.
.............................. Realignment of funds......... [24,000]
120 0605832F ACQ WORKFORCE- ADVANCED PRGM 92,648 67,361
TECHNOLOGY.
.............................. Realignment of funds......... [-25,287]
121 0605833F ACQ WORKFORCE- NUCLEAR 241,226 236,382
SYSTEMS.
.............................. Realignment of funds......... [-4,844]
122 0605898F MANAGEMENT HQ--R&D........... 4,347 5,624
.............................. Realignment of funds......... [1,277]
123 0605976F FACILITIES RESTORATION AND 77,820 133,420
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
.............................. Air Force UFR--Quick reaction [7,500]
test capability for
hypersonics testing.
.............................. Air Force UFR--VKF wind [48,100]
tunnel improvements for
hypersonics testing.
124 0605978F FACILITIES SUSTAINMENT--TEST 31,561 31,561
AND EVALUATION SUPPORT.
125 0606017F REQUIREMENTS ANALYSIS AND 101,844 101,844
MATURATION.
126 0606398F MANAGEMENT HQ--T&E........... 6,285 6,285
127 0303166F SUPPORT TO INFORMATION 556 556
OPERATIONS (IO) CAPABILITIES.
128 0303255F COMMAND, CONTROL, 15,559 35,559
COMMUNICATION, AND COMPUTERS
(C4)--STRATCOM.
.............................. NEC accleration for hardened [10,500]
NC3.
.............................. Next-generation Nuclear [5,000]
Command, Control, and
Communications architecture.
.............................. Nuclear Command, Control, and [4,500]
Communications assessment.
129 0308602F ENTEPRISE INFORMATION 83,231 83,231
SERVICES (EIS).
130 0702806F ACQUISITION AND MANAGEMENT 24,306 24,306
SUPPORT.
131 0804731F GENERAL SKILL TRAINING....... 871 871
134 1001004F INTERNATIONAL ACTIVITIES..... 2,593 2,593
.............................. SUBTOTAL MANAGEMENT SUPPORT.. 3,033,528 3,318,074
..............................
.............................. OPERATIONAL SYSTEMS
DEVELOPMENT
136 0604233F SPECIALIZED UNDERGRADUATE 18,037 18,037
FLIGHT TRAINING.
138 0604617F AGILE COMBAT SUPPORT......... 8,199 8,199
139 0604776F DEPLOYMENT & DISTRIBUTION 156 156
ENTERPRISE R&D.
140 0604840F F-35 C2D2.................... 1,014,708 1,014,708
141 0605018F AF INTEGRATED PERSONNEL AND 37,901 37,901
PAY SYSTEM (AF-IPPS).
142 0605024F ANTI-TAMPER TECHNOLOGY 50,066 50,066
EXECUTIVE AGENCY.
143 0605117F FOREIGN MATERIEL ACQUISITION 80,338 80,338
AND EXPLOITATION.
144 0605278F HC/MC-130 RECAP RDT&E........ 47,994 51,870
.............................. Crypto Mods--AC-130J......... [3,876]
145 0606018F NC3 INTEGRATION.............. 23,559 23,559
147 0101113F B-52 SQUADRONS............... 770,313 775,313
.............................. Crypto Mods--B-52............ [5,000]
[[Page S6218]]
148 0101122F AIR-LAUNCHED CRUISE MISSILE 571 571
(ALCM).
149 0101126F B-1B SQUADRONS............... 13,144 17,644
.............................. Crypto Mods--B-1B............ [4,500]
150 0101127F B-2 SQUADRONS................ 111,990 111,990
151 0101213F MINUTEMAN SQUADRONS.......... 69,650 69,650
152 0101316F WORLDWIDE JOINT STRATEGIC 22,725 22,725
COMMUNICATIONS.
153 0101324F INTEGRATED STRATEGIC PLANNING 3,180 3,180
& ANALYSIS NETWORK.
154 0101328F ICBM REENTRY VEHICLES........ 118,616 118,616
156 0102110F UH-1N REPLACEMENT PROGRAM.... 17,922 17,922
157 0102326F REGION/SECTOR OPERATION 451 451
CONTROL CENTER MODERNIZATION
PROGRAM.
158 0102412F NORTH WARNING SYSTEM (NWS)... 76,910 76,910
159 0102417F OVER-THE-HORIZON BACKSCATTER 12,210 12,210
RADAR.
160 0202834F VEHICLES AND SUPPORT 14,483 14,483
EQUIPMENT--GENERAL.
161 0205219F MQ-9 UAV..................... 98,499 98,499
162 0205671F JOINT COUNTER RCIED 1,747 1,747
ELECTRONIC WARFARE.
163 0207040F MULTI-PLATFORM ELECTRONIC 23,195 23,195
WARFARE EQUIPMENT.
164 0207131F A-10 SQUADRONS............... 72,393 72,393
165 0207133F F-16 SQUADRONS............... 244,696 251,414
.............................. 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
167 0207136F MANNED DESTRUCTIVE 16,695 16,695
SUPPRESSION.
168 0207138F F-22A SQUADRONS.............. 559,709 559,709
169 0207142F F-35 SQUADRONS............... 70,730 70,730
170 0207146F F-15EX....................... 83,830 83,830
171 0207161F TACTICAL AIM MISSILES........ 34,536 34,536
172 0207163F ADVANCED MEDIUM RANGE AIR-TO- 52,704 52,704
AIR MISSILE (AMRAAM).
173 0207227F COMBAT RESCUE--PARARESCUE.... 863 863
174 0207247F AF TENCAP.................... 23,309 23,309
175 0207249F PRECISION ATTACK SYSTEMS 12,722 12,722
PROCUREMENT.
176 0207253F COMPASS CALL................. 49,054 49,054
177 0207268F AIRCRAFT ENGINE COMPONENT 116,087 116,087
IMPROVEMENT PROGRAM.
178 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,198 129,198
MISSILE (JASSM).
.............................. INDOPACOM UFR--JASSM software [12,000]
update.
179 0207327F SMALL DIAMETER BOMB (SDB).... 27,713 130,713
.............................. Air Force UFR--SDB II refresh [103,000]
and development.
181 0207412F CONTROL AND REPORTING CENTER 6,615 6,615
(CRC).
182 0207417F AIRBORNE WARNING AND CONTROL 239,658 540,658
SYSTEM (AWACS).
.............................. E-7 acceleration............. [301,000]
183 0207418F AFSPECWAR--TACP.............. 5,982 5,982
185 0207431F COMBAT AIR INTELLIGENCE 23,504 23,504
SYSTEM ACTIVITIES.
186 0207438F THEATER BATTLE MANAGEMENT 5,851 5,851
(TBM) C4I.
187 0207439F ELECTRONIC WARFARE INTEGRATED 15,990 15,990
REPROGRAMMING (EWIR).
[[Page S6219]]
188 0207444F TACTICAL AIR CONTROL PARTY- 10,315 10,315
MOD.
189 0207452F DCAPES....................... 8,049 8,049
190 0207521F AIR FORCE CALIBRATION 2,123 2,123
PROGRAMS.
192 0207573F NATIONAL TECHNICAL NUCLEAR 2,039 2,039
FORENSICS.
193 0207590F SEEK EAGLE................... 32,853 32,853
194 0207601F USAF MODELING AND SIMULATION. 19,341 19,341
195 0207605F WARGAMING AND SIMULATION 7,004 7,004
CENTERS.
197 0207697F DISTRIBUTED TRAINING AND 4,628 4,628
EXERCISES.
198 0208006F MISSION PLANNING SYSTEMS..... 99,214 99,214
199 0208007F TACTICAL DECEPTION........... 17,074 17,074
200 0208064F OPERATIONAL HQ--CYBER........ 2,347 2,347
201 0208087F DISTRIBUTED CYBER WARFARE 76,592 76,592
OPERATIONS.
202 0208088F AF DEFENSIVE CYBERSPACE 8,367 26,167
OPERATIONS.
.............................. Enterprise Logging and Cyber [17,800]
Situational Awareness
Refinery (ELICSAR).
203 0208097F JOINT CYBER COMMAND AND 80,740 75,740
CONTROL (JCC2).
.............................. Centropy progam reduction.... [-5,000]
204 0208099F UNIFIED PLATFORM (UP)........ 107,548 107,548
208 0208288F INTEL DATA APPLICATIONS...... 1,065 1,065
209 0301025F GEOBASE...................... 2,928 2,928
211 0301113F CYBER SECURITY INTELLIGENCE 8,972 8,972
SUPPORT.
218 0301401F AIR FORCE SPACE AND CYBER NON- 3,069 3,069
TRADITIONAL ISR FOR
BATTLESPACE AWARENESS.
219 0302015F E-4B NATIONAL AIRBORNE 25,701 26,401
OPERATIONS CENTER (NAOC).
.............................. Crypto Mods--E-4B............ [700]
220 0303131F MINIMUM ESSENTIAL EMERGENCY 41,171 41,171
COMMUNICATIONS NETWORK
(MEECN).
221 0303140F INFORMATION SYSTEMS SECURITY 70,582 70,582
PROGRAM.
224 0303260F JOINT MILITARY DECEPTION 2,588 2,588
INITIATIVE.
226 0304260F AIRBORNE SIGINT ENTERPRISE... 108,528 108,528
227 0304310F COMMERCIAL ECONOMIC ANALYSIS. 4,542 4,542
230 0305015F C2 AIR OPERATIONS SUITE--C2 8,097 8,097
INFO SERVICES.
231 0305020F CCMD INTELLIGENCE INFORMATION 1,751 1,751
TECHNOLOGY.
232 0305022F ISR MODERNIZATION & 13,138 13,138
AUTOMATION DVMT (IMAD).
233 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,895 4,895
(GATM).
234 0305103F CYBER SECURITY INITIATIVE.... 91 91
235 0305111F WEATHER SERVICE.............. 11,716 11,716
236 0305114F AIR TRAFFIC CONTROL, 8,511 8,511
APPROACH, AND LANDING SYSTEM
(ATCALS).
237 0305116F AERIAL TARGETS............... 1,365 1,365
240 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
241 0305146F DEFENSE JOINT 8,328 8,328
COUNTERINTELLIGENCE
ACTIVITIES.
243 0305179F INTEGRATED BROADCAST SERVICE 22,123 22,123
(IBS).
244 0305202F DRAGON U-2................... 20,170 20,170
245 0305206F AIRBORNE RECONNAISSANCE 55,048 55,048
SYSTEMS.
[[Page S6220]]
246 0305207F MANNED RECONNAISSANCE SYSTEMS 14,590 14,590
247 0305208F DISTRIBUTED COMMON GROUND/ 26,901 26,901
SURFACE SYSTEMS.
248 0305220F RQ-4 UAV..................... 68,801 68,801
249 0305221F NETWORK-CENTRIC COLLABORATIVE 17,564 17,564
TARGETING.
250 0305238F NATO AGS..................... 826 826
251 0305240F SUPPORT TO DCGS ENTERPRISE... 28,774 28,774
252 0305600F INTERNATIONAL INTELLIGENCE 15,036 15,036
TECHNOLOGY AND ARCHITECTURES.
253 0305881F RAPID CYBER ACQUISITION...... 3,739 3,739
254 0305984F PERSONNEL RECOVERY COMMAND & 2,702 2,702
CTRL (PRC2).
255 0307577F INTELLIGENCE MISSION DATA 6,332 6,332
(IMD).
256 0401115F C-130 AIRLIFT SQUADRON....... 407 407
257 0401119F C-5 AIRLIFT SQUADRONS (IF)... 6,100 6,100
258 0401130F C-17 AIRCRAFT (IF)........... 25,387 25,387
259 0401132F C-130J PROGRAM............... 11,060 13,660
.............................. Crypto Mods--C-130J.......... [2,600]
260 0401134F LARGE AIRCRAFT IR 2,909 2,909
COUNTERMEASURES (LAIRCM).
261 0401218F KC-135S...................... 12,955 17,755
.............................. Crypto Mods--KC-135.......... [4,800]
262 0401318F CV-22........................ 10,121 11,171
.............................. Crypto Mods--CV-22........... [1,050]
263 0408011F SPECIAL TACTICS / COMBAT 6,297 6,297
CONTROL.
264 0708055F MAINTENANCE, REPAIR & 19,892 19,892
OVERHAUL SYSTEM.
265 0708610F LOGISTICS INFORMATION 5,271 5,271
TECHNOLOGY (LOGIT).
267 0804743F OTHER FLIGHT TRAINING........ 2,214 2,214
269 0901202F JOINT PERSONNEL RECOVERY 2,164 2,164
AGENCY.
270 0901218F CIVILIAN COMPENSATION PROGRAM 4,098 4,098
271 0901220F PERSONNEL ADMINISTRATION..... 3,191 3,191
272 0901226F AIR FORCE STUDIES AND 899 899
ANALYSIS AGENCY.
273 0901538F FINANCIAL MANAGEMENT 5,421 5,421
INFORMATION SYSTEMS
DEVELOPMENT.
276 1202140F SERVICE SUPPORT TO SPACECOM 13,766 13,766
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS.......... 17,240,641 17,340,641
.............................. Electromagnetic spectrum [85,000]
technology for spectrum
sharing, EW protection, and
offensive EW capabilities.
.............................. RCO Family of Integrated [15,000]
Targeting Cells (FITC)
integration.
.............................. SUBTOTAL OPERATIONAL SYSTEMS 23,090,569 23,648,613
DEVELOPMENT.
..............................
.............................. SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS
278 0608158F STRATEGIC MISSION PLANNING 100,167 100,167
AND EXECUTION SYSTEM--
SOFTWARE PILOT PROGRAM.
279 0608410F AIR & SPACE OPERATIONS CENTER 177,827 177,827
(AOC)--SOFTWARE PILOT
PROGRAM.
280 0608920F DEFENSE ENTERPRISE ACCOUNTING 136,202 136,202
AND MANAGEMENT SYSTEM
(DEAMS)--SOFTWARE PILOT PRO.
281 0208087F DISTRIBUTED CYBER WARFARE 37,346 0
OPERATIONS.
[[Page S6221]]
.............................. Realignment of funds......... [-37,346]
282 0308605F AIR FORCE DEFENSIVE CYBER 240,926 240,926
SYSTEMS (AFDCS)--SOFTWARE
PILOT PROGRAM.
283 0308606F ALL DOMAIN COMMON PLATFORM 190,112 190,112
(ADCP)--SOFTWARE PILOT
PROGRAM.
284 0308607F AIR FORCE WEATHER PROGRAMS-- 58,063 58,063
SOFTWARE PILOT PROGRAM.
285 0308608F ELECTRONIC WARFARE INTEGRATED 5,794 5,794
REPROGRAMMING (EWIR)--
SOFTWARE PILOT PROGRAM.
.............................. SUBTOTAL SOFTWARE AND DIGITAL 946,437 909,091
TECHNOLOGY PILOT PROGRAMS.
..............................
.............................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED................ 0 1,000,847
.............................. Inflation effects............ [1,000,847]
.............................. SUBTOTAL UNDISTRIBUTED....... 0 1,000,847
..............................
.............................. TOTAL RESEARCH, DEVELOPMENT, 44,134,301 46,223,803
TEST & EVAL, AF.
..............................
.............................. RDTE, SPACE FORCE
.............................. APPLIED RESEARCH
2 1206601SF SPACE TECHNOLOGY............. 243,737 256,092
.............................. Advanced hybrid rocket engine [4,000]
development.
.............................. Realignment of funds......... [8,355]
.............................. SUBTOTAL APPLIED RESEARCH.... 243,737 256,092
..............................
.............................. ADVANCED TECHNOLOGY
DEVELOPMENT
3 1206310SF SPACE SCIENCE AND TECHNOLOGY 460,820 460,820
RESEARCH AND DEVELOPMENT.
4 1206616SF SPACE ADVANCED TECHNOLOGY 103,395 106,168
DEVELOPMENT/DEMO.
.............................. Realignment of funds......... [2,773]
.............................. SUBTOTAL ADVANCED TECHNOLOGY 564,215 566,988
DEVELOPMENT.
..............................
.............................. ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
5 0604002SF SPACE FORCE WEATHER SERVICES 816 816
RESEARCH.
6 1203164SF NAVSTAR GLOBAL POSITIONING 382,594 382,594
SYSTEM (USER EQUIPMENT)
(SPACE).
7 1203622SF SPACE WARFIGHTING ANALYSIS... 44,791 44,791
8 1203710SF EO/IR WEATHER SYSTEMS........ 96,519 96,519
10 1206410SF SPACE TECHNOLOGY DEVELOPMENT 986,822 986,822
AND PROTOTYPING.
12 1206425SF SPACE SITUATION AWARENESS 230,621 233,621
SYSTEMS.
.............................. Digitization of PARCS radar [3,000]
for space domain awareness.
13 1206427SF SPACE SYSTEMS PROTOTYPE 106,252 134,252
TRANSITIONS (SSPT).
.............................. DARPA Blackjack RF payload... [28,000]
14 1206438SF SPACE CONTROL TECHNOLOGY..... 57,953 57,953
16 1206730SF SPACE SECURITY AND DEFENSE 59,169 59,169
PROGRAM.
17 1206760SF PROTECTED TACTICAL ENTERPRISE 121,069 121,069
SERVICE (PTES).
18 1206761SF PROTECTED TACTICAL SERVICE 294,828 294,828
(PTS).
[[Page S6222]]
19 1206855SF EVOLVED STRATEGIC SATCOM 565,597 565,597
(ESS).
20 1206857SF SPACE RAPID CAPABILITIES 45,427 45,427
OFFICE.
.............................. SUBTOTAL ADVANCED COMPONENT 2,992,458 3,023,458
DEVELOPMENT & PROTOTYPES.
..............................
.............................. SYSTEM DEVELOPMENT &
DEMONSTRATION
21 1203269SF GPS III FOLLOW-ON (GPS IIIF). 325,927 325,927
22 1203940SF SPACE SITUATION AWARENESS 49,628 49,628
OPERATIONS.
23 1206421SF COUNTERSPACE SYSTEMS......... 21,848 21,848
24 1206422SF WEATHER SYSTEM FOLLOW-ON..... 48,870 48,870
25 1206425SF SPACE SITUATION AWARENESS 105,140 105,140
SYSTEMS.
26 1206431SF ADVANCED EHF MILSATCOM 11,701 11,701
(SPACE).
27 1206432SF POLAR MILSATCOM (SPACE)...... 67,465 67,465
28 1206433SF WIDEBAND GLOBAL SATCOM 48,438 48,438
(SPACE).
29 1206440SF NEXT-GEN OPIR--GROUND........ 0 612,529
.............................. Realignment of funds......... [612,529]
30 1206442SF NEXT GENERATION OPIR......... 3,479,459 253,801
.............................. Realignment of funds to line [-612,529]
29.
.............................. Realignment of funds to line [-1,713,933]
31.
.............................. Realignment of funds to line [-899,196]
32.
31 1206443SF NEXT-GEN OPIR--GEO........... 0 1,713,933
.............................. Realignment of funds......... [1,713,933]
32 1206444SF NEXT-GEN OPIR--POLAR......... 0 899,196
.............................. Realignment of funds......... [899,196]
33 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,513 23,513
INTEGRATION.
34 1206446SF RESILIENT MISSILE WARNING 499,840 525,637
MISSILE TRACKING--LOW EARTH
ORBIT (LEO).
.............................. Realignment of funds......... [25,797]
35 1206447SF RESILIENT MISSILE WARNING 139,131 303,930
MISSILE TRACKING--MEDIUM
EARTH ORBIT (MEO).
.............................. Realignment of funds......... [164,799]
36 1206448SF RESILIENT MISSILE WARNING 390,596 0
MISSILE TRACKING--INTEGRATED
GROUND SEGMENT.
.............................. Realignment of funds......... [-200,000]
.............................. Realignment of funds to line [-25,797]
34.
.............................. Realignment of funds to line [-164,799]
35.
37 1206853SF NATIONAL SECURITY SPACE 124,103 124,103
LAUNCH PROGRAM (SPACE)--EMD.
.............................. SUBTOTAL SYSTEM DEVELOPMENT & 5,335,659 5,135,659
DEMONSTRATION.
..............................
.............................. MANAGEMENT SUPPORT
39 1206116SF SPACE TEST AND TRAINING RANGE 21,453 21,453
DEVELOPMENT.
40 1206392SF ACQ WORKFORCE--SPACE & 253,716 253,716
MISSILE SYSTEMS.
41 1206398SF SPACE & MISSILE SYSTEMS 13,962 13,962
CENTER--MHA.
42 1206616SF SPACE ADVANCED TECHNOLOGY 2,773 0
DEVELOPMENT/DEMO.
.............................. Realignment of funds......... [-2,773]
43 1206759SF MAJOR T&E INVESTMENT--SPACE.. 89,751 89,751
44 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,922 17,922
(SPACE).
46 1206864SF SPACE TEST PROGRAM (STP)..... 25,366 25,366
.............................. SUBTOTAL MANAGEMENT SUPPORT.. 424,943 422,170
[[Page S6223]]
..............................
.............................. OPERATIONAL SYSTEM
DEVELOPMENT
48 1201017SF GLOBAL SENSOR INTEGRATED ON 5,321 5,321
NETWORK (GSIN).
49 1203001SF FAMILY OF ADVANCED BLOS 128,243 128,243
TERMINALS (FAB-T).
50 1203040SF DCO-SPACE.................... 28,162 28,162
51 1203109SF NARROWBAND SATELLITE 165,892 165,892
COMMUNICATIONS.
52 1203110SF SATELLITE CONTROL NETWORK 42,199 42,199
(SPACE).
53 1203165SF NAVSTAR GLOBAL POSITIONING 2,062 2,062
SYSTEM (SPACE AND CONTROL
SEGMENTS).
54 1203173SF SPACE AND MISSILE TEST AND 4,157 4,157
EVALUATION CENTER.
55 1203174SF SPACE INNOVATION, INTEGRATION 38,103 38,103
AND RAPID TECHNOLOGY
DEVELOPMENT.
56 1203182SF SPACELIFT RANGE SYSTEM 11,658 11,658
(SPACE).
57 1203265SF GPS III SPACE SEGMENT........ 1,626 1,626
58 1203330SF SPACE SUPERIORITY ISR........ 29,128 29,128
59 1203620SF NATIONAL SPACE DEFENSE CENTER 2,856 2,856
60 1203873SF BALLISTIC MISSILE DEFENSE 18,615 23,615
RADARS.
.............................. Upgrades for Perimeter [5,000]
Acquisition Radar Attack
Characterization System
(PARCS).
61 1203906SF NCMC--TW/AA SYSTEM........... 7,274 7,274
62 1203913SF NUDET DETECTION SYSTEM 80,429 80,429
(SPACE).
63 1203940SF SPACE SITUATION AWARENESS 80,903 80,903
OPERATIONS.
64 1206423SF GLOBAL POSITIONING SYSTEM 359,720 359,720
III--OPERATIONAL CONTROL
SEGMENT.
68 1206770SF ENTERPRISE GROUND SERVICES... 123,601 123,601
9999 9999999999 CLASSIFIED PROGRAMS.......... 4,973,358 5,607,858
.............................. INDOPACOM UFR--Operationalize [308,000]
near-term space control.
.............................. Space Force UFR--Classified [326,500]
program.
.............................. SUBTOTAL OPERATIONAL SYSTEM 6,103,307 6,742,807
DEVELOPMENT.
..............................
.............................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
70 1208248SF SPACE COMMAND & CONTROL-- 155,053 155,053
SOFTWARE PILOT PROGRAM.
.............................. SUBTOTAL SOFTWARE & DIGITAL 155,053 155,053
TECHNOLOGY PILOT PROGRAMS.
..............................
.............................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED................ 0 539,491
.............................. Inflation effects............ [539,491]
.............................. SUBTOTAL UNDISTRIBUTED....... 0 539,491
..............................
.............................. TOTAL RDTE, SPACE FORCE...... 15,819,372 16,841,718
..............................
.............................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.............................. BASIC RESEARCH
1 0601000BR DTRA BASIC RESEARCH.......... 11,584 11,584
2 0601101E DEFENSE RESEARCH SCIENCES.... 401,870 401,870
[[Page S6224]]
3 0601108D8Z HIGH ENERGY LASER RESEARCH 16,257 16,257
INITIATIVES.
4 0601110D8Z BASIC RESEARCH INITIATIVES... 62,386 87,386
.............................. Defense established program [25,000]
to stimulate competitive
research (DEPSCoR).
5 0601117E BASIC OPERATIONAL MEDICAL 80,874 80,874
RESEARCH SCIENCE.
6 0601120D8Z NATIONAL DEFENSE EDUCATION 132,347 132,347
PROGRAM.
7 0601228D8Z HISTORICALLY BLACK COLLEGES 33,288 63,288
AND UNIVERSITIES/MINORITY
INSTITUTIONS.
.............................. Program increase for STEM [30,000]
programs.
8 0601384BP CHEMICAL AND BIOLOGICAL 34,734 34,734
DEFENSE PROGRAM.
.............................. SUBTOTAL BASIC RESEARCH...... 773,340 828,340
..............................
.............................. APPLIED RESEARCH
10 0602000D8Z JOINT MUNITIONS TECHNOLOGY... 18,961 18,961
11 0602115E BIOMEDICAL TECHNOLOGY........ 106,958 106,958
12 0602128D8Z PROMOTION AND PROTECTION 3,275 3,275
STRATEGIES.
14 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 20,634 60,634
.............................. Open radio access networks [40,000]
for next generation wireless
experimentation.
15 0602234D8Z LINCOLN LABORATORY RESEARCH 46,159 48,159
PROGRAM.
.............................. Superconducting [2,000]
microelectronics.
16 0602251D8Z APPLIED RESEARCH FOR THE 67,666 67,666
ADVANCEMENT OF S&T
PRIORITIES.
17 0602303E INFORMATION & COMMUNICATIONS 388,270 513,270
TECHNOLOGY.
.............................. AI/autonomy to cybersecurity [30,000]
and cyberspace operations
challenges.
.............................. National Security Commission [75,000]
on AI recommendations.
.............................. Underexplored systems for [20,000]
utility-scale quantum
computing.
18 0602383E BIOLOGICAL WARFARE DEFENSE... 23,059 23,059
19 0602384BP CHEMICAL AND BIOLOGICAL 256,197 256,197
DEFENSE PROGRAM.
20 0602668D8Z CYBER SECURITY RESEARCH...... 17,264 42,264
.............................. Cyber consortium seedling [25,000]
funding.
21 0602675D8Z SOCIAL SCIENCES FOR 4,000 4,000
ENVIRONMENTAL SECURITY.
22 0602702E TACTICAL TECHNOLOGY.......... 221,883 221,883
23 0602715E MATERIALS AND BIOLOGICAL 352,976 355,276
TECHNOLOGY.
.............................. ReVector..................... [2,300]
24 0602716E ELECTRONICS TECHNOLOGY....... 557,745 557,745
25 0602718BR COUNTER WEAPONS OF MASS 192,162 192,162
DESTRUCTION APPLIED RESEARCH.
26 0602751D8Z SOFTWARE ENGINEERING 11,030 11,030
INSTITUTE (SEI) APPLIED
RESEARCH.
27 0602890D8Z HIGH ENERGY LASER RESEARCH... 48,587 48,587
28 1160401BB SOF TECHNOLOGY DEVELOPMENT... 49,174 49,174
.............................. SUBTOTAL APPLIED RESEARCH.... 2,386,000 2,580,300
..............................
.............................. ADVANCED TECHNOLOGY
DEVELOPMENT
[[Page S6225]]
29 0603000D8Z JOINT MUNITIONS ADVANCED 34,065 34,065
TECHNOLOGY.
30 0603121D8Z SO/LIC ADVANCED DEVELOPMENT.. 4,919 4,919
31 0603122D8Z COMBATING TERRORISM 72,614 72,614
TECHNOLOGY SUPPORT.
32 0603133D8Z FOREIGN COMPARATIVE TESTING.. 26,802 26,802
34 0603160BR COUNTER WEAPONS OF MASS 395,721 395,721
DESTRUCTION ADVANCED
TECHNOLOGY DEVELOPMENT.
35 0603176BR ADVANCED CONCEPTS AND 6,505 6,505
PERFORMANCE ASSESSMENT.
36 0603176C ADVANCED CONCEPTS AND 16,737 16,737
PERFORMANCE ASSESSMENT.
37 0603180C ADVANCED RESEARCH............ 22,023 22,023
38 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 52,156 52,156
DEVELOPMENT &TRANSITION.
39 0603225D8Z JOINT DOD-DOE MUNITIONS 18,898 18,898
TECHNOLOGY DEVELOPMENT.
40 0603286E ADVANCED AEROSPACE SYSTEMS... 253,135 253,135
41 0603287E SPACE PROGRAMS AND TECHNOLOGY 81,888 81,888
42 0603288D8Z ANALYTIC ASSESSMENTS......... 24,052 24,052
43 0603289D8Z ADVANCED INNOVATIVE ANALYSIS 53,890 53,890
AND CONCEPTS.
46 0603338D8Z DEFENSE MODERNIZATION AND 141,561 146,561
PROTOTYPING.
.............................. Optical reconnaisance sensors [5,000]
47 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 42,925 57,925
.............................. National Security Innovation [15,000]
Capital program increase.
48 0603375D8Z TECHNOLOGY INNOVATION........ 109,535 114,535
.............................. Emerging biotechnologies..... [5,000]
49 0603384BP CHEMICAL AND BIOLOGICAL 238,407 238,407
DEFENSE PROGRAM--ADVANCED
DEVELOPMENT.
50 0603527D8Z RETRACT LARCH................ 79,493 79,493
51 0603618D8Z JOINT ELECTRONIC ADVANCED 19,218 19,218
TECHNOLOGY.
52 0603648D8Z JOINT CAPABILITY TECHNOLOGY 114,100 194,100
DEMONSTRATIONS.
.............................. LVC testbed application [80,000]
development.
53 0603662D8Z NETWORKED COMMUNICATIONS 3,168 3,168
CAPABILITIES.
54 0603680D8Z DEFENSE-WIDE MANUFACTURING 256,142 299,142
SCIENCE AND TECHNOLOGY
PROGRAM.
.............................. Artificial intelligence for [3,000]
predictive maintenance.
.............................. BioMADE...................... [30,000]
.............................. Internet of things and [5,000]
operational technology asset
identification and
management.
.............................. Large scale advanced [5,000]
manufacturing.
55 0603680S MANUFACTURING TECHNOLOGY 46,166 46,166
PROGRAM.
56 0603712S GENERIC LOGISTICS R&D 13,663 13,663
TECHNOLOGY DEMONSTRATIONS.
57 0603716D8Z STRATEGIC ENVIRONMENTAL 58,411 58,411
RESEARCH PROGRAM.
[[Page S6226]]
58 0603720S MICROELECTRONICS TECHNOLOGY 139,833 139,833
DEVELOPMENT AND SUPPORT.
59 0603727D8Z JOINT WARFIGHTING PROGRAM.... 2,411 2,411
60 0603739E ADVANCED ELECTRONICS 250,917 250,917
TECHNOLOGIES.
61 0603760E COMMAND, CONTROL AND 305,050 315,050
COMMUNICATIONS SYSTEMS.
.............................. DARPA LogX advanced supply [10,000]
chain mapping.
62 0603766E NETWORK-CENTRIC WARFARE 678,562 838,562
TECHNOLOGY.
.............................. Assault Breaker II........... [120,000]
.............................. DARPA network-centric warfare [20,000]
technology.
.............................. Non-kinetic/cyber modeling [20,000]
and simulation.
63 0603767E SENSOR TECHNOLOGY............ 314,502 314,502
64 0603769D8Z DISTRIBUTED LEARNING ADVANCED 201 201
TECHNOLOGY DEVELOPMENT.
65 0603781D8Z SOFTWARE ENGINEERING 13,417 13,417
INSTITUTE.
66 0603924D8Z HIGH ENERGY LASER ADVANCED 111,149 111,149
TECHNOLOGY PROGRAM.
67 0603941D8Z TEST & EVALUATION SCIENCE & 315,090 315,090
TECHNOLOGY.
68 0603950D8Z NATIONAL SECURITY INNOVATION 22,028 22,028
NETWORK.
69 0604055D8Z OPERATIONAL ENERGY CAPABILITY 180,170 190,170
IMPROVEMENT.
.............................. Program increase for [10,000]
tristructural-isotropic fuel.
72 1160402BB SOF ADVANCED TECHNOLOGY 118,877 118,877
DEVELOPMENT.
.............................. SUBTOTAL ADVANCED TECHNOLOGY 4,638,401 4,966,401
DEVELOPMENT.
..............................
.............................. ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
74 0603161D8Z NUCLEAR AND CONVENTIONAL 41,507 41,507
PHYSICAL SECURITY EQUIPMENT
RDT&E ADC&P.
75 0603600D8Z WALKOFF...................... 133,795 133,795
76 0603851D8Z ENVIRONMENTAL SECURITY 84,638 89,638
TECHNICAL CERTIFICATION
PROGRAM.
.............................. Sustainable Technology [5,000]
Evaluation and Demonstration
program.
77 0603881C BALLISTIC MISSILE DEFENSE 190,216 190,216
TERMINAL DEFENSE SEGMENT.
78 0603882C BALLISTIC MISSILE DEFENSE 667,524 667,524
MIDCOURSE DEFENSE SEGMENT.
79 0603884BP CHEMICAL AND BIOLOGICAL 291,364 291,364
DEFENSE PROGRAM--DEM/VAL.
80 0603884C BALLISTIC MISSILE DEFENSE 231,134 231,134
SENSORS.
81 0603890C BMD ENABLING PROGRAMS........ 591,847 642,717
.............................. NORTHCOM UFR--Cruise Missile [50,870]
Defense-Homeland kill chain
demonstration upgrades.
82 0603891C SPECIAL PROGRAMS--MDA........ 316,977 316,977
83 0603892C AEGIS BMD.................... 600,072 600,072
84 0603896C BALLISTIC MISSILE DEFENSE 589,374 589,374
COMMAND AND CONTROL, BATTLE
MANAGEMENT AND COMMUNICATI.
[[Page S6227]]
85 0603898C BALLISTIC MISSILE DEFENSE 50,269 50,269
JOINT WARFIGHTER SUPPORT.
86 0603904C MISSILE DEFENSE INTEGRATION & 49,367 49,367
OPERATIONS CENTER (MDIOC).
87 0603906C REGARDING TRENCH............. 12,146 12,146
88 0603907C SEA BASED X-BAND RADAR (SBX). 164,668 164,668
89 0603913C ISRAELI COOPERATIVE PROGRAMS. 300,000 300,000
90 0603914C BALLISTIC MISSILE DEFENSE 367,824 367,824
TEST.
91 0603915C BALLISTIC MISSILE DEFENSE 559,513 559,513
TARGETS.
92 0603923D8Z COALITION WARFARE............ 11,154 11,154
93 0604011D8Z NEXT GENERATION INFORMATION 249,591 379,591
COMMUNICATIONS TECHNOLOGY
(5G).
.............................. 5G experimentation, [130,000]
transition, and ORAN
activities.
94 0604016D8Z DEPARTMENT OF DEFENSE 3,166 3,166
CORROSION PROGRAM.
95 0604102C GUAM DEFENSE DEVELOPMENT..... 397,936 397,936
96 0604115C TECHNOLOGY MATURATION 0 10,000
INITIATIVES.
.............................. Diode-Pumped Alkali Laser [5,000]
(DPAL) development.
.............................. Hypersonic targets........... [5,000]
97 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL 33,950 33,950
INTELLIGENCE OFFICER (CDAO)--
MIP.
99 0604181C HYPERSONIC DEFENSE........... 225,477 517,977
.............................. MDA UFR--Glide phase defense [292,500]
weapons systems.
100 0604250D8Z ADVANCED INNOVATIVE 1,145,358 1,309,858
TECHNOLOGIES.
.............................. INDOPACOM UFR--Sea Urchin [30,000]
powered quickstrike mines.
.............................. INDOPACOM UFR--SIGINT [9,500]
upgrades.
.............................. SCO SAP Project A............ [125,000]
101 0604294D8Z TRUSTED & ASSURED 647,226 647,226
MICROELECTRONICS.
102 0604331D8Z RAPID PROTOTYPING PROGRAM.... 179,189 229,189
.............................. Counter-C5ISRT activities.... [20,000]
.............................. International cooperation for [30,000]
hypersonics.
103 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 24,402 24,402
PROTOTYPING.
104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,691 2,691
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604551BR CATAPULT..................... 7,130 7,130
106 0604555D8Z OPERATIONAL ENERGY CAPABILITY 45,779 45,779
IMPROVEMENT--NON S&T.
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,229 3,229
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY 40,699 90,699
DEVELOPMENT, INTEGRATION AND
INTEROPERABILITY ASSESSMENTS.
.............................. JADC2 experimentation........ [50,000]
110 0604873C LONG RANGE DISCRIMINATION 75,120 75,120
RADAR (LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 1,833,357 1,833,357
INTERCEPTORS.
[[Page S6228]]
112 0604876C BALLISTIC MISSILE DEFENSE 69,762 69,762
TERMINAL DEFENSE SEGMENT
TEST.
113 0604878C AEGIS BMD TEST............... 182,776 182,776
114 0604879C BALLISTIC MISSILE DEFENSE 88,326 88,326
SENSOR TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)...... 27,678 27,678
116 0604887C BALLISTIC MISSILE DEFENSE 84,075 84,075
MIDCOURSE SEGMENT TEST.
117 0202057C SAFETY PROGRAM MANAGEMENT.... 2,417 2,417
118 0300206R ENTERPRISE INFORMATION 2,664 2,664
TECHNOLOGY SYSTEMS.
120 0305103C CYBER SECURITY INITIATIVE.... 1,165 1,165
123 1206895C BALLISTIC MISSILE DEFENSE 129,957 129,957
SYSTEM SPACE PROGRAMS.
276 0604795D8Z ACCELERATE PROCUREMENT AND 0 100,000
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.............................. Realignment of funds......... [100,000]
.............................. SUBTOTAL ADVANCED COMPONENT 10,756,509 11,609,379
DEVELOPMENT & PROTOTYPES.
..............................
.............................. SYSTEM DEVELOPMENT &
DEMONSTRATION
124 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL 273,340 273,340
INTELLIGENCE OFFICER (CDAO)--
DEM/VAL ACTIVITIES.
125 0604161D8Z NUCLEAR AND CONVENTIONAL 6,482 6,482
PHYSICAL SECURITY EQUIPMENT
RDT&E SDD.
127 0604384BP CHEMICAL AND BIOLOGICAL 312,148 312,148
DEFENSE PROGRAM--EMD.
128 0604771D8Z JOINT TACTICAL INFORMATION 9,120 9,120
DISTRIBUTION SYSTEM (JTIDS).
129 0605000BR COUNTER WEAPONS OF MASS 14,403 14,403
DESTRUCTION SYSTEMS
DEVELOPMENT.
130 0605013BL INFORMATION TECHNOLOGY 1,244 1,244
DEVELOPMENT.
131 0605021SE HOMELAND PERSONNEL SECURITY 6,191 6,191
INITIATIVE.
132 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 10,145 10,145
133 0605027D8Z OUSD(C) IT DEVELOPMENT 5,938 5,938
INITIATIVES.
136 0605080S DEFENSE AGENCY INITIATIVES 23,171 23,171
(DAI)--FINANCIAL SYSTEM.
137 0605141BR MISSION ASSURANCE RISK 14,093 14,093
MANAGEMENT SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 6,949 6,949
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED 302,963 302,963
MICROELECTRONICS.
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,758 3,758
COMMUNICATIONS.
141 0305304D8Z DOD ENTERPRISE ENERGY 8,121 8,121
INFORMATION MANAGEMENT
(EEIM).
142 0305310D8Z CWMD SYSTEMS: SYSTEM 16,048 16,048
DEVELOPMENT AND
DEMONSTRATION.
.............................. SUBTOTAL SYSTEM DEVELOPMENT & 1,014,114 1,014,114
DEMONSTRATION.
..............................
.............................. MANAGEMENT SUPPORT
[[Page S6229]]
143 0603829J JOINT CAPABILITY 12,452 12,452
EXPERIMENTATION.
144 0604774D8Z DEFENSE READINESS REPORTING 8,902 8,902
SYSTEM (DRRS).
145 0604875D8Z JOINT SYSTEMS ARCHITECTURE 6,610 6,610
DEVELOPMENT.
146 0604940D8Z CENTRAL TEST AND EVALUATION 819,358 819,358
INVESTMENT DEVELOPMENT
(CTEIP).
147 0604942D8Z ASSESSMENTS AND EVALUATIONS.. 4,607 4,607
148 0605001E MISSION SUPPORT.............. 86,869 86,869
149 0605100D8Z JOINT MISSION ENVIRONMENT 126,079 126,079
TEST CAPABILITY (JMETC).
150 0605126J JOINT INTEGRATED AIR AND 53,278 53,278
MISSILE DEFENSE ORGANIZATION
(JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING.......... 39,009 29,009
.............................. Program reduction............ [-10,000]
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT-- 5,716 5,716
OSD.
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL 15,379 15,379
SECURITY.
155 0605170D8Z SUPPORT TO NETWORKS AND 9,449 9,449
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO 6,112 6,112
OUSD(INTELLIGENCE AND
SECURITY).
157 0605384BP CHEMICAL AND BIOLOGICAL 124,475 124,475
DEFENSE PROGRAM.
165 0605790D8Z SMALL BUSINESS INNOVATION 3,820 3,820
RESEARCH (SBIR)/ SMALL
BUSINESS TECHNOLOGY TRANSFER.
166 0605797D8Z MAINTAINING TECHNOLOGY 35,414 35,414
ADVANTAGE.
167 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS.. 56,114 66,114
.............................. Key technology area [10,000]
assessments and engineering
efforts.
168 0605801KA DEFENSE TECHNICAL INFORMATION 63,184 63,184
CENTER (DTIC).
169 0605803SE R&D IN SUPPORT OF DOD 23,757 23,757
ENLISTMENT, TESTING AND
EVALUATION.
170 0605804D8Z DEVELOPMENT TEST AND 26,652 26,652
EVALUATION.
171 0605898E MANAGEMENT HQ--R&D........... 14,636 14,636
172 0605998KA MANAGEMENT HQ--DEFENSE 3,518 3,518
TECHNICAL INFORMATION CENTER
(DTIC).
173 0606100D8Z BUDGET AND PROGRAM 15,244 15,244
ASSESSMENTS.
174 0606114D8Z ANALYSIS WORKING GROUP (AWG) 4,700 4,700
SUPPORT.
175 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL 13,132 13,132
INTELLIGENCE OFFICER (CDAO)
ACTIVITIES.
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,323 3,323
ANALYSIS.
177 0606300D8Z DEFENSE SCIENCE BOARD........ 2,532 2,532
179 0606771D8Z CYBER RESILIENCY AND 32,306 32,306
CYBERSECURITY POLICY.
180 0606853BR MANAGEMENT, TECHNICAL & 12,354 12,354
INTERNATIONAL SUPPORT.
181 0203345D8Z DEFENSE OPERATIONS SECURITY 3,034 3,034
INITIATIVE (DOSI).
182 0204571J JOINT STAFF ANALYTICAL 4,332 4,332
SUPPORT.
183 0208045K C4I INTEROPERABILITY......... 69,698 69,698
189 0305172K COMBINED ADVANCED 16,171 16,171
APPLICATIONS.
[[Page S6230]]
191 0305208K DISTRIBUTED COMMON GROUND/ 3,072 3,072
SURFACE SYSTEMS.
192 0804768J COCOM EXERCISE ENGAGEMENT AND 37,852 37,852
TRAINING TRANSFORMATION
(CE2T2)--NON-MHA.
193 0808709SE DEFENSE EQUAL OPPORTUNITY 716 716
MANAGEMENT INSTITUTE (DEOMI).
194 0901598C MANAGEMENT HQ--MDA........... 25,259 25,259
195 0903235K JOINT SERVICE PROVIDER (JSP). 3,141 3,141
9999 9999999999 CLASSIFIED PROGRAMS.......... 37,841 37,841
.............................. SUBTOTAL MANAGEMENT SUPPORT.. 1,830,097 1,830,097
..............................
.............................. OPERATIONAL SYSTEMS
DEVELOPMENT
200 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 588,094 588,094
SUSTAINMENT SUPPORT.
201 0607310D8Z CWMD SYSTEMS: OPERATIONAL 15,427 15,427
SYSTEMS DEVELOPMENT.
202 0607327T GLOBAL THEATER SECURITY 8,317 8,317
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-
TSCMIS).
203 0607384BP CHEMICAL AND BIOLOGICAL 68,030 68,030
DEFENSE (OPERATIONAL SYSTEMS
DEVELOPMENT).
209 0302019K DEFENSE INFO INFRASTRUCTURE 19,145 19,145
ENGINEERING AND INTEGRATION.
210 0303126K LONG-HAUL COMMUNICATIONS--DCS 13,195 13,195
211 0303131K MINIMUM ESSENTIAL EMERGENCY 5,746 5,746
COMMUNICATIONS NETWORK
(MEECN).
212 0303136G KEY MANAGEMENT INFRASTRUCTURE 92,018 92,018
(KMI).
213 0303140D8Z INFORMATION SYSTEMS SECURITY 43,135 63,135
PROGRAM.
.............................. NSA CAE Cybersecurity [20,000]
Workforce pilot program.
214 0303140G INFORMATION SYSTEMS SECURITY 593,831 593,831
PROGRAM.
215 0303140K INFORMATION SYSTEMS SECURITY 7,005 7,005
PROGRAM.
216 0303150K GLOBAL COMMAND AND CONTROL 10,020 10,020
SYSTEM.
217 0303153K DEFENSE SPECTRUM ORGANIZATION 19,708 19,708
221 0303430V FEDERAL INVESTIGATIVE 5,197 5,197
SERVICES INFORMATION
TECHNOLOGY.
226 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) 10,000 10,000
CYBER SECURITY INITIATIVE.
229 0305128V SECURITY AND INVESTIGATIVE 450 450
ACTIVITIES.
230 0305133V INDUSTRIAL SECURITY 1,800 1,800
ACTIVITIES.
233 0305146V DEFENSE JOINT 4,622 4,622
COUNTERINTELLIGENCE
ACTIVITIES.
234 0305172D8Z COMBINED ADVANCED 49,380 49,380
APPLICATIONS.
237 0305186D8Z POLICY R&D PROGRAMS.......... 6,214 6,214
238 0305199D8Z NET CENTRICITY............... 17,917 17,917
240 0305208BB DISTRIBUTED COMMON GROUND/ 6,095 6,095
SURFACE SYSTEMS.
[[Page S6231]]
246 0305245D8Z INTELLIGENCE CAPABILITIES AND 4,575 4,575
INNOVATION INVESTMENTS.
247 0305251K CYBERSPACE OPERATIONS FORCES 2,497 2,497
AND FORCE SUPPORT.
248 0305327V INSIDER THREAT............... 9,403 9,403
249 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,864 1,864
TRANSFER PROGRAM.
257 0708012K LOGISTICS SUPPORT ACTIVITIES. 1,620 1,620
258 0708012S PACIFIC DISASTER CENTERS..... 1,875 1,875
259 0708047S DEFENSE PROPERTY 3,264 3,264
ACCOUNTABILITY SYSTEM.
261 1105219BB MQ-9 UAV..................... 14,000 19,900
.............................. MQ-9 Unmanned Aerial Vehicle [5,900]
realignment of funds.
263 1160403BB AVIATION SYSTEMS............. 179,499 179,499
264 1160405BB INTELLIGENCE SYSTEMS 75,136 75,136
DEVELOPMENT.
265 1160408BB OPERATIONAL ENHANCEMENTS..... 142,900 151,510
.............................. SOCOM UFR--Switchblade [8,610]
shipboard safety cert.
266 1160431BB WARRIOR SYSTEMS.............. 129,133 141,463
.............................. Maritime scalable effects.... [2,400]
.............................. SOCOM UFR--Ground organic [9,930]
precision strike systems.
267 1160432BB SPECIAL PROGRAMS............. 518 518
268 1160434BB UNMANNED ISR................. 3,354 3,354
269 1160480BB SOF TACTICAL VEHICLES........ 13,594 13,594
270 1160483BB MARITIME SYSTEMS............. 82,645 118,045
.............................. Dry combat submersible next.. [30,000]
.............................. Maritime Precision Engagment [5,400]
realignment of funds.
272 1160490BB OPERATIONAL ENHANCEMENTS 7,583 7,583
INTELLIGENCE.
273 1203610K TELEPORT PROGRAM............. 1,270 1,270
9999 9999999999 CLASSIFIED PROGRAMS.......... 7,854,604 7,866,104
.............................. Indications and warning--DIA. [10,000]
.............................. INDOPACOM UFR--JWICS [1,500]
modernization.
.............................. SUBTOTAL OPERATIONAL SYSTEMS 10,114,680 10,208,420
DEVELOPMENT.
..............................
.............................. SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS
274 0608197V NATIONAL BACKGROUND 132,524 132,524
INVESTIGATION SERVICES--
SOFTWARE PILOT PROGRAM.
275 0608648D8Z ACQUISITION VISIBILITY-- 17,123 17,123
SOFTWARE PILOT PROGRAM.
276 0608775D8Z ACCELERATE THE PROCUREMENT 100,000 0
AND FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.............................. Realignment of funds......... [-100,000]
277 0303150K GLOBAL COMMAND AND CONTROL 34,987 34,987
SYSTEM.
282 0308609V NATIONAL INDUSTRIAL SECURITY 14,749 14,749
SYSTEMS (NISS)--SOFTWARE
PILOT PROGRAM.
9999 9999999999 CLASSIFIED PROGRAMS.......... 265,028 265,028
.............................. SUBTOTAL SOFTWARE AND DIGITAL 564,411 464,411
TECHNOLOGY PILOT PROGRAMS.
..............................
.............................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED................ 0 849,931
.............................. Inflation effects............ [849,931]
.............................. SUBTOTAL UNDISTRIBUTED....... 0 849,931
..............................
[[Page S6232]]
.............................. TOTAL RESEARCH, DEVELOPMENT, 32,077,552 34,351,393
TEST & EVAL, DW.
..............................
.............................. OPERATIONAL TEST & EVAL,
DEFENSE
.............................. MANAGEMENT SUPPORT
1 0605118OTE OPERATIONAL TEST AND 119,529 129,529
EVALUATION.
.............................. DOT&E acquisition and [10,000]
employment of AI/autonomy
technologies for red teaming.
2 0605131OTE LIVE FIRE TEST AND EVALUATION 99,947 99,947
3 0605814OTE OPERATIONAL TEST ACTIVITIES 57,718 57,718
AND ANALYSES.
.............................. SUBTOTAL MANAGEMENT SUPPORT.. 277,194 287,194
..............................
.............................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED................ 0 9,485
.............................. Inflation effects............ [9,485]
.............................. SUBTOTAL UNDISTRIBUTED....... 0 9,485
..............................
.............................. TOTAL OPERATIONAL TEST & 277,194 296,679
EVAL, DEFENSE.
..............................
.............................. TOTAL RDT&E.................. 130,097,410 137,749,422
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2023 Senate
Line Item Request Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS.............................................. 4,506,811 4,506,811
020 MODULAR SUPPORT BRIGADES.................................... 177,136 177,136
030 ECHELONS ABOVE BRIGADE...................................... 894,629 894,629
040 THEATER LEVEL ASSETS........................................ 2,570,949 2,575,949
Increase for Army Caisson platoon facility improvements..... [5,000]
050 LAND FORCES OPERATIONS SUPPORT.............................. 1,184,230 1,184,230
060 AVIATION ASSETS............................................. 2,220,817 2,220,817
070 FORCE READINESS OPERATIONS SUPPORT.......................... 7,366,299 7,510,498
Army UFR--Arctic OCIE for Alaska bases, Fort Drum, Fort [65,050]
Carson.....................................................
Army UFR--female/small stature body armor................... [66,750]
Army UFR--initial issue of Extended Cold Weather Clothing [8,999]
System Layer 1 and 2.......................................
INDOPACOM UFR--SIGINT upgrades.............................. [3,400]
080 LAND FORCES SYSTEMS READINESS............................... 483,683 483,683
090 LAND FORCES DEPOT MAINTENANCE............................... 1,399,173 1,399,173
100 MEDICAL READINESS........................................... 897,522 897,522
110 BASE OPERATIONS SUPPORT..................................... 9,330,325 9,330,325
120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION......... 4,666,658 5,223,498
Increase for Army Caisson platoon facility improvements..... [17,900]
Increase for FSRM to 100%................................... [538,940]
130 MANAGEMENT AND OPERATIONAL HEADQUARTERS..................... 284,483 284,483
140 ADDITIONAL ACTIVITIES....................................... 450,348 450,348
160 RESET....................................................... 383,360 383,360
170 US AFRICA COMMAND........................................... 385,685 433,635
AFRICOM combatant command support........................... [10,000]
AFRICOM UFR--COMSATCOM...................................... [16,750]
AFRICOM UFR--counter-UAS.................................... [8,500]
AFRICOM UFR--force protection............................... [8,100]
[[Page S6233]]
AFRICOM UFR--intelligence, surveillance, and reconnaissance. [4,600]
180 US EUROPEAN COMMAND......................................... 359,602 359,602
190 US SOUTHERN COMMAND......................................... 204,336 208,436
SOUTHCOM enhanced domain awareness.......................... [4,100]
200 US FORCES KOREA............................................. 67,756 67,756
210 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS................ 495,066 495,066
220 CYBERSPACE ACTIVITIES--CYBERSECURITY........................ 673,701 673,701
230 JOINT CYBER MISSION FORCES.................................. 178,033 178,033
SUBTOTAL OPERATING FORCES................................... 39,180,602 39,938,691
MOBILIZATION
240 STRATEGIC MOBILITY.......................................... 434,423 538,423
INDOPACOM UFR--Theater campaigning.......................... [104,000]
250 ARMY PREPOSITIONED STOCKS................................... 378,494 378,494
260 INDUSTRIAL PREPAREDNESS..................................... 4,001 4,001
SUBTOTAL MOBILIZATION....................................... 816,918 920,918
TRAINING AND RECRUITING
270 OFFICER ACQUISITION......................................... 173,439 173,439
280 RECRUIT TRAINING............................................ 78,826 78,826
290 ONE STATION UNIT TRAINING................................... 128,117 128,117
300 SENIOR RESERVE OFFICERS TRAINING CORPS...................... 554,992 554,992
310 SPECIALIZED SKILL TRAINING.................................. 1,115,045 1,115,045
320 FLIGHT TRAINING............................................. 1,396,392 1,396,392
330 PROFESSIONAL DEVELOPMENT EDUCATION.......................... 221,960 221,960
340 TRAINING SUPPORT............................................ 717,318 717,318
350 RECRUITING AND ADVERTISING.................................. 691,053 691,053
360 EXAMINING................................................... 192,832 192,832
370 OFF-DUTY AND VOLUNTARY EDUCATION............................ 235,340 235,340
380 CIVILIAN EDUCATION AND TRAINING............................. 251,378 251,378
390 JUNIOR RESERVE OFFICER TRAINING CORPS....................... 196,088 196,088
SUBTOTAL TRAINING AND RECRUITING............................ 5,952,780 5,952,780
ADMIN & SRVWIDE ACTIVITIES
410 SERVICEWIDE TRANSPORTATION.................................. 662,083 662,083
420 CENTRAL SUPPLY ACTIVITIES................................... 822,018 822,018
430 LOGISTIC SUPPORT ACTIVITIES................................. 806,861 806,861
440 AMMUNITION MANAGEMENT....................................... 483,187 483,187
450 ADMINISTRATION.............................................. 486,154 486,154
460 SERVICEWIDE COMMUNICATIONS.................................. 1,871,173 1,871,173
470 MANPOWER MANAGEMENT......................................... 344,668 344,668
480 OTHER PERSONNEL SUPPORT..................................... 811,999 811,999
490 OTHER SERVICE SUPPORT....................................... 2,267,280 2,267,280
500 ARMY CLAIMS ACTIVITIES...................................... 191,912 191,912
510 REAL ESTATE MANAGEMENT...................................... 288,942 288,942
520 FINANCIAL MANAGEMENT AND AUDIT READINESS.................... 410,983 410,983
530 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT............... 38,714 38,714
540 INTERNATIONAL MILITARY HEADQUARTERS......................... 532,377 532,377
550 MISC. SUPPORT OF OTHER NATIONS.............................. 35,709 35,709
9999 CLASSIFIED PROGRAMS......................................... 2,113,196 2,358,096
AFRICOM UFR--intelligence, surveillance, and reconnaissance. [214,800]
SOUTHCOM UFR--high altitude balloon......................... [10,200]
SOUTHCOM UFR--intelligence, surveillance, and reconnaissance [19,900]
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES......................... 12,167,256 12,412,156
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 966,592
Foreign currency fluctuations............................... [-208,000]
Inflation effects........................................... [1,198,692]
Unobligated balances........................................ [-24,100]
SUBTOTAL UNDISTRIBUTED...................................... 0 966,592
[[Page S6234]]
TOTAL OPERATION & MAINTENANCE, ARMY......................... 58,117,556 60,191,137
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES.................................... 14,404 14,404
020 ECHELONS ABOVE BRIGADE...................................... 662,104 662,104
030 THEATER LEVEL ASSETS........................................ 133,599 133,599
040 LAND FORCES OPERATIONS SUPPORT.............................. 646,693 646,693
050 AVIATION ASSETS............................................. 128,883 128,883
060 FORCE READINESS OPERATIONS SUPPORT.......................... 409,994 409,994
070 LAND FORCES SYSTEMS READINESS............................... 90,595 90,595
080 LAND FORCES DEPOT MAINTENANCE............................... 44,453 44,453
090 BASE OPERATIONS SUPPORT..................................... 567,170 567,170
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION......... 358,772 405,192
Increase for FSRM to 100%................................... [46,420]
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS..................... 22,112 22,112
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS................ 2,929 2,929
130 CYBERSPACE ACTIVITIES--CYBERSECURITY........................ 7,382 7,382
SUBTOTAL OPERATING FORCES................................... 3,089,090 3,135,510
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.................................. 18,994 18,994
150 ADMINISTRATION.............................................. 20,670 20,670
160 SERVICEWIDE COMMUNICATIONS.................................. 31,652 31,652
170 MANPOWER MANAGEMENT......................................... 6,852 6,852
180 RECRUITING AND ADVERTISING.................................. 61,246 61,246
SUBTOTAL ADMIN & SRVWD ACTIVITIES........................... 139,414 139,414
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 51,338
Foreign currency fluctuations............................... [-10,900]
Inflation effects........................................... [62,738]
Unobligated balances........................................ [-500]
SUBTOTAL UNDISTRIBUTED...................................... 0 51,338
TOTAL OPERATION & MAINTENANCE, ARMY RES..................... 3,228,504 3,326,262
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.............................................. 964,237 964,237
020 MODULAR SUPPORT BRIGADES.................................... 214,191 214,191
030 ECHELONS ABOVE BRIGADE...................................... 820,752 820,752
040 THEATER LEVEL ASSETS........................................ 97,184 97,184
050 LAND FORCES OPERATIONS SUPPORT.............................. 54,595 54,595
060 AVIATION ASSETS............................................. 1,169,826 1,169,826
070 FORCE READINESS OPERATIONS SUPPORT.......................... 722,788 722,788
080 LAND FORCES SYSTEMS READINESS............................... 46,580 46,580
090 LAND FORCES DEPOT MAINTENANCE............................... 259,765 259,765
100 BASE OPERATIONS SUPPORT..................................... 1,151,215 1,151,215
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION......... 1,053,996 1,184,385
Increase for FSRM to 100%................................... [130,389]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS..................... 1,148,286 1,148,286
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS................ 8,715 8,715
140 CYBERSPACE ACTIVITIES--CYBERSECURITY........................ 8,307 8,307
SUBTOTAL OPERATING FORCES................................... 7,720,437 7,850,826
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.................................. 6,961 6,961
160 ADMINISTRATION.............................................. 73,641 73,641
170 SERVICEWIDE COMMUNICATIONS.................................. 100,389 100,389
180 MANPOWER MANAGEMENT......................................... 9,231 9,231
190 OTHER PERSONNEL SUPPORT..................................... 243,491 243,491
200 REAL ESTATE MANAGEMENT...................................... 3,087 3,087
SUBTOTAL ADMIN & SRVWD ACTIVITIES........................... 436,800 436,800
[[Page S6235]]
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 108,898
Foreign currency fluctuations............................... [-29,000]
Inflation effects........................................... [157,698]
Unobligated balances........................................ [-19,800]
SUBTOTAL UNDISTRIBUTED...................................... 0 108,898
TOTAL OPERATION & MAINTENANCE, ARNG......................... 8,157,237 8,396,524
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
010 IRAQ........................................................ 358,015 358,015
020 SYRIA....................................................... 183,677 183,677
030 UNDISTRIBUTED............................................... 0 15,413
Inflation effects........................................... [15,413]
SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)........... 541,692 557,105
TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF).............. 541,692 557,105
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS......................... 7,334,452 7,334,452
020 FLEET AIR TRAINING.......................................... 2,793,739 2,793,739
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.............. 65,248 65,248
040 AIR OPERATIONS AND SAFETY SUPPORT........................... 214,767 214,767
050 AIR SYSTEMS SUPPORT......................................... 1,075,365 1,075,365
060 AIRCRAFT DEPOT MAINTENANCE.................................. 1,751,737 1,751,737
070 AIRCRAFT DEPOT OPERATIONS SUPPORT........................... 70,319 70,319
080 AVIATION LOGISTICS.......................................... 1,679,193 1,679,193
090 MISSION AND OTHER SHIP OPERATIONS........................... 6,454,952 6,822,752
LSD-42, LSD-44, LSD-46, LSD-48, CG-69, T-ESD-1, T-ESD-2, LCS- [153,000]
11, -13, -15, -17, -19 restoral............................
Navy UFR--ship maintenance in support of INDOPACOM training [175,000]
and exercises..............................................
Navy UFR--USNS Arctic (T-AOE-8) Gas Turbine Main Engines [39,800]
Replacement................................................
100 SHIP OPERATIONS SUPPORT & TRAINING.......................... 1,183,237 1,183,237
110 SHIP DEPOT MAINTENANCE...................................... 10,038,261 10,343,061
LSD-42, LSD-44, LSD-46, LSD-48, CG-69, T-ESD-1, T-ESD-2, LCS- [115,800]
11, -13, -15, -17, -19 restoral............................
Navy UFR--ship depot maintenance............................ [189,000]
120 SHIP DEPOT OPERATIONS SUPPORT............................... 2,422,095 2,868,495
LSD-42, LSD-44, LSD-46, LSD-48, CG-69, T-ESD-1, T-ESD-2, LCS- [446,400]
11, -13, -15, -17, -19 restoral............................
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE................ 1,632,824 1,633,324
INDOPACOM UFR--SIGINT upgrades.............................. [500]
140 SPACE SYSTEMS AND SURVEILLANCE.............................. 339,103 339,103
150 WARFARE TACTICS............................................. 881,999 881,999
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.................... 444,150 444,150
170 COMBAT SUPPORT FORCES....................................... 2,274,710 2,381,310
INDOPACOM UFR--Theater campaigning.......................... [100,000]
Marine mammal system continuation........................... [6,600]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT.......... 194,346 194,346
190 CYBER MISSION FORCES........................................ 101,049 101,049
200 COMBATANT COMMANDERS CORE OPERATIONS........................ 65,893 76,193
INDOPACOM UFR--Asia Pacific Regional Initiative............. [10,300]
210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT................. 282,742 400,554
[[Page S6236]]
INDOPACOM UFR--Critical manpower positions.................. [412]
INDOPACOM UFR--Fusion centers............................... [3,300]
INDOPACOM UFR--JEMSO........................................ [5,400]
INDOPACOM UFR--Mission partner environment.................. [5,300]
INDOPACOM UFR--Pacific Movement Coordination Center......... [2,400]
INDOPACOM UFR--PMTEC........................................ [19,000]
INDOPACOM UFR--Stormbreaker................................. [22,000]
INDOPACOM UFR--Theater campaigning.......................... [50,000]
JADC2 JFHQ.................................................. [10,000]
230 CYBERSPACE ACTIVITIES....................................... 477,540 505,540
Energy Resilience Readiness Exercises....................... [2,000]
MOSAICS..................................................... [26,000]
240 FLEET BALLISTIC MISSILE..................................... 1,664,076 1,664,076
250 WEAPONS MAINTENANCE......................................... 1,495,783 1,518,983
Mk68........................................................ [200]
Navy UFR--SM-6 expansion of combat usable asset inventory... [23,000]
260 OTHER WEAPON SYSTEMS SUPPORT................................ 649,371 649,371
270 ENTERPRISE INFORMATION...................................... 1,647,834 1,647,834
280 SUSTAINMENT, RESTORATION AND MODERNIZATION.................. 3,549,311 3,984,311
Increase for FSRM to 100%................................... [435,000]
290 BASE OPERATING SUPPORT...................................... 5,503,088 5,503,088
SUBTOTAL OPERATING FORCES................................... 56,287,184 58,127,596
MOBILIZATION
300 SHIP PREPOSITIONING AND SURGE............................... 467,648 563,348
Navy UFR--Maritime Prepositioning Force (MPF) Maintenance [95,700]
Requirements...............................................
310 READY RESERVE FORCE......................................... 683,932 683,932
320 SHIP ACTIVATIONS/INACTIVATIONS.............................. 364,096 364,096
330 EXPEDITIONARY HEALTH SERVICES SYSTEMS....................... 133,780 133,780
340 COAST GUARD SUPPORT......................................... 21,196 21,196
SUBTOTAL MOBILIZATION....................................... 1,670,652 1,766,352
TRAINING AND RECRUITING
350 OFFICER ACQUISITION......................................... 190,578 190,578
360 RECRUIT TRAINING............................................ 14,679 14,679
370 RESERVE OFFICERS TRAINING CORPS............................. 170,845 170,845
380 SPECIALIZED SKILL TRAINING.................................. 1,133,889 1,133,889
390 PROFESSIONAL DEVELOPMENT EDUCATION.......................... 334,844 334,844
400 TRAINING SUPPORT............................................ 356,670 356,670
410 RECRUITING AND ADVERTISING.................................. 204,498 229,798
Navy UFR--Recruiting Command marketing and advertising...... [25,300]
420 OFF-DUTY AND VOLUNTARY EDUCATION............................ 89,971 89,971
430 CIVILIAN EDUCATION AND TRAINING............................. 69,798 69,798
440 JUNIOR ROTC................................................. 55,194 55,194
SUBTOTAL TRAINING AND RECRUITING............................ 2,620,966 2,646,266
ADMIN & SRVWD ACTIVITIES
450 ADMINISTRATION.............................................. 1,349,966 1,349,966
460 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT.................. 227,772 227,772
470 MILITARY MANPOWER AND PERSONNEL MANAGEMENT.................. 667,627 667,627
480 MEDICAL ACTIVITIES.......................................... 284,962 284,962
490 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT............... 62,824 62,824
500 SERVICEWIDE TRANSPORTATION.................................. 207,501 207,501
520 PLANNING, ENGINEERING, AND PROGRAM SUPPORT.................. 554,265 554,565
INDOPACOM UFR--planning and design.......................... [300]
530 ACQUISITION, LOGISTICS, AND OVERSIGHT....................... 798,473 798,473
540 INVESTIGATIVE AND SECURITY SERVICES......................... 791,059 791,059
9999 CLASSIFIED PROGRAMS......................................... 628,700 628,700
SUBTOTAL ADMIN & SRVWD ACTIVITIES........................... 5,573,149 5,573,449
[[Page S6237]]
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 1,096,824
Foreign currency fluctuations............................... [-263,300]
Inflation effects........................................... [1,431,524]
Unobligated balances........................................ [-71,400]
SUBTOTAL UNDISTRIBUTED...................................... 0 1,096,824
TOTAL OPERATION & MAINTENANCE, NAVY......................... 66,151,951 69,210,487
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.......................................... 1,740,491 1,818,491
INDOPACOM UFR--Theater campaigning.......................... [78,000]
020 FIELD LOGISTICS............................................. 1,699,425 1,699,425
030 DEPOT MAINTENANCE........................................... 221,886 221,886
040 MARITIME PREPOSITIONING..................................... 139,518 139,518
050 CYBER MISSION FORCES........................................ 94,199 94,199
060 CYBERSPACE ACTIVITIES....................................... 194,904 194,904
070 SUSTAINMENT, RESTORATION & MODERNIZATION.................... 1,292,219 1,851,265
Increase for FSRM to 100%................................... [559,046]
080 BASE OPERATING SUPPORT...................................... 2,699,487 2,700,487
Energy Resilience Readiness Exercises....................... [1,000]
SUBTOTAL OPERATING FORCES................................... 8,082,129 8,720,175
TRAINING AND RECRUITING
090 RECRUIT TRAINING............................................ 23,217 23,217
100 OFFICER ACQUISITION......................................... 1,268 1,268
110 SPECIALIZED SKILL TRAINING.................................. 118,638 118,638
120 PROFESSIONAL DEVELOPMENT EDUCATION.......................... 64,626 64,626
130 TRAINING SUPPORT............................................ 523,603 523,603
140 RECRUITING AND ADVERTISING.................................. 225,759 225,759
150 OFF-DUTY AND VOLUNTARY EDUCATION............................ 51,882 51,882
160 JUNIOR ROTC................................................. 27,660 27,660
SUBTOTAL TRAINING AND RECRUITING............................ 1,036,653 1,036,653
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE TRANSPORTATION.................................. 78,542 78,542
180 ADMINISTRATION.............................................. 401,030 401,030
9999 CLASSIFIED PROGRAMS......................................... 62,590 62,590
SUBTOTAL ADMIN & SRVWD ACTIVITIES........................... 542,162 542,162
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 168,819
Foreign currency fluctuations............................... [-33,800]
Inflation effects........................................... [222,019]
Unobligated balances........................................ [-19,400]
SUBTOTAL UNDISTRIBUTED...................................... 0 168,819
TOTAL OPERATION & MAINTENANCE, MARINE CORPS................. 9,660,944 10,467,809
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS......................... 669,533 669,533
020 INTERMEDIATE MAINTENANCE.................................... 11,134 11,134
030 AIRCRAFT DEPOT MAINTENANCE.................................. 164,892 164,892
040 AIRCRAFT DEPOT OPERATIONS SUPPORT........................... 494 494
050 AVIATION LOGISTICS.......................................... 25,843 25,843
060 COMBAT COMMUNICATIONS....................................... 20,135 20,135
070 COMBAT SUPPORT FORCES....................................... 131,104 131,104
080 CYBERSPACE ACTIVITIES....................................... 289 289
090 ENTERPRISE INFORMATION...................................... 27,189 27,189
100 SUSTAINMENT, RESTORATION AND MODERNIZATION.................. 44,784 69,784
Increase for FSRM to 100%................................... [25,000]
110 BASE OPERATING SUPPORT...................................... 116,374 116,374
SUBTOTAL OPERATING FORCES................................... 1,211,771 1,236,771
[[Page S6238]]
ADMIN & SRVWD ACTIVITIES
120 ADMINISTRATION.............................................. 1,986 1,986
130 MILITARY MANPOWER AND PERSONNEL MANAGEMENT.................. 12,550 12,550
140 ACQUISITION AND PROGRAM MANAGEMENT.......................... 1,993 1,993
SUBTOTAL ADMIN & SRVWD ACTIVITIES........................... 16,529 16,529
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 22,392
Foreign currency fluctuations............................... [-3,900]
Inflation effects........................................... [29,192]
Unobligated balances........................................ [-2,900]
SUBTOTAL UNDISTRIBUTED...................................... 0 22,392
TOTAL OPERATION & MAINTENANCE, NAVY RES..................... 1,228,300 1,275,692
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES............................................ 109,045 109,045
020 DEPOT MAINTENANCE........................................... 19,361 19,361
030 SUSTAINMENT, RESTORATION AND MODERNIZATION.................. 45,430 49,811
Increase for FSRM to 100%................................... [4,381]
040 BASE OPERATING SUPPORT...................................... 118,364 118,364
SUBTOTAL OPERATING FORCES................................... 292,200 296,581
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION.............................................. 12,033 12,033
SUBTOTAL ADMIN & SRVWD ACTIVITIES........................... 12,033 12,033
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 1,595
Foreign currency fluctuations............................... [-3,900]
Inflation effects........................................... [7,995]
Unobligated balances........................................ [-2,500]
SUBTOTAL UNDISTRIBUTED...................................... 0 1,595
TOTAL OPERATION & MAINTENANCE, MC RESERVE................... 304,233 310,209
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES....................................... 936,731 996,731
Realignment of funds........................................ [60,000]
020 COMBAT ENHANCEMENT FORCES................................... 2,657,865 2,597,865
Realignment of funds........................................ [-60,000]
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).............. 1,467,518 1,467,518
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE........................ 4,341,794 4,612,994
Air Force UFR--Weapon system sustainment.................... [271,200]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION......... 4,091,088 4,641,488
Increase for FSRM to 100%................................... [550,400]
060 CYBERSPACE SUSTAINMENT...................................... 130,754 213,054
Air Force UFR--Weapon system sustainment.................... [82,300]
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT............. 8,782,940 8,931,340
Air Force UFR--Weapon system sustainment.................... [148,400]
080 FLYING HOUR PROGRAM......................................... 5,871,718 6,260,718
Air Force UFR--readiness spare packages..................... [389,000]
090 BASE SUPPORT................................................ 10,638,741 10,638,741
100 GLOBAL C3I AND EARLY WARNING................................ 1,035,043 1,042,174
Worldwide Joint Strategic Communications realignment of [7,131]
funds......................................................
110 OTHER COMBAT OPS SPT PROGRAMS............................... 1,436,329 1,436,329
120 CYBERSPACE ACTIVITIES....................................... 716,931 716,931
140 LAUNCH FACILITIES........................................... 690 690
160 US NORTHCOM/NORAD........................................... 197,210 227,010
U.S. Northern Command Information Dominance Enabling [29,800]
Capability.................................................
[[Page S6239]]
170 US STRATCOM................................................. 503,419 503,419
180 US CYBERCOM................................................. 436,807 595,407
CYBERCOM UFR--Cyber mission force operational support....... [136,900]
CYBERCOM UFR--Joint cyberspace warfighting architecture..... [11,400]
Hunt Forward operations..................................... [15,300]
Realignment of funds........................................ [-5,000]
190 US CENTCOM.................................................. 331,162 321,162
Office of Security Cooperation--Iraq reduction.............. [-10,000]
200 US SOCOM.................................................... 27,318 27,318
220 CENTCOM CYBERSPACE SUSTAINMENT.............................. 1,367 1,367
230 USSPACECOM.................................................. 329,543 403,543
SPACECOM UFR--CSOF fit-out.................................. [28,600]
SPACECOM UFR--National Space Defense Center interim facility [8,500]
SPACECOM UFR--Service shortfalls in support of JTF-SD....... [36,900]
240 JOINT CYBER MISSION FORCE PROGRAMS.......................... 186,759 191,759
Realignment of funds........................................ [5,000]
9999 CLASSIFIED PROGRAMS......................................... 1,705,801 1,705,801
SUBTOTAL OPERATING FORCES................................... 45,827,528 47,533,359
MOBILIZATION
250 AIRLIFT OPERATIONS.......................................... 2,780,616 2,780,616
260 MOBILIZATION PREPAREDNESS................................... 721,172 721,172
SUBTOTAL MOBILIZATION....................................... 3,501,788 3,501,788
TRAINING AND RECRUITING
270 OFFICER ACQUISITION......................................... 189,721 189,721
280 RECRUIT TRAINING............................................ 26,684 26,684
290 RESERVE OFFICERS TRAINING CORPS (ROTC)...................... 135,515 135,515
300 SPECIALIZED SKILL TRAINING.................................. 541,511 541,511
310 FLIGHT TRAINING............................................. 779,625 779,625
320 PROFESSIONAL DEVELOPMENT EDUCATION.......................... 313,556 313,556
330 TRAINING SUPPORT............................................ 171,087 171,087
340 RECRUITING AND ADVERTISING.................................. 197,956 197,956
350 EXAMINING................................................... 8,282 8,282
360 OFF-DUTY AND VOLUNTARY EDUCATION............................ 254,907 254,907
370 CIVILIAN EDUCATION AND TRAINING............................. 355,375 355,375
380 JUNIOR ROTC................................................. 69,964 69,964
SUBTOTAL TRAINING AND RECRUITING............................ 3,044,183 3,044,183
ADMIN & SRVWD ACTIVITIES
390 LOGISTICS OPERATIONS........................................ 1,058,129 1,091,862
Realignment of funds........................................ [33,733]
400 TECHNICAL SUPPORT ACTIVITIES................................ 139,428 139,428
410 ADMINISTRATION.............................................. 1,283,066 1,249,333
Realignment of funds........................................ [-33,733]
420 SERVICEWIDE COMMUNICATIONS.................................. 33,222 33,222
430 OTHER SERVICEWIDE ACTIVITIES................................ 1,790,985 1,790,985
440 CIVIL AIR PATROL............................................ 30,526 30,526
460 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT............... 42,558 42,558
480 INTERNATIONAL SUPPORT....................................... 102,065 102,065
9999 CLASSIFIED PROGRAMS......................................... 1,427,764 1,427,764
SUBTOTAL ADMIN & SRVWD ACTIVITIES........................... 5,907,743 5,907,743
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 843,829
Foreign currency fluctuations............................... [-208,500]
Inflation effects........................................... [1,254,129]
Unobligated balances........................................ [-201,800]
SUBTOTAL UNDISTRIBUTED...................................... 0 843,829
TOTAL OPERATION & MAINTENANCE, AIR FORCE.................... 58,281,242 60,830,902
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
[[Page S6240]]
010 GLOBAL C3I & EARLY WARNING.................................. 472,484 472,484
020 SPACE LAUNCH OPERATIONS..................................... 187,832 187,832
030 SPACE OPERATIONS............................................ 695,228 695,228
040 EDUCATION & TRAINING........................................ 153,135 153,135
060 DEPOT MAINTENANCE........................................... 285,863 306,263
Space Force UFR--Weapons systems sustainment................ [20,400]
070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION......... 235,253 317,453
Increase for FSRM to 100%................................... [38,400]
NORTHCOM UFR--Cheyenne Mountain Complex..................... [43,800]
080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT..................... 1,358,565 1,450,365
Space Force UFR--Weapons systems sustainment................ [91,800]
090 SPACE OPERATIONS -BOS....................................... 144,937 150,437
NORTHCOM UFR--Cheyenne Mountain Complex..................... [5,500]
9999 CLASSIFIED PROGRAMS......................................... 272,941 272,941
SUBTOTAL OPERATING FORCES................................... 3,806,238 4,006,138
ADMINISTRATION AND SERVICE WIDE ACTIVITIES
100 ADMINISTRATION.............................................. 228,420 228,420
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES......... 228,420 228,420
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 66,020
Foreign currency fluctuations............................... [-14,100]
Inflation effects........................................... [112,020]
Unobligated balances........................................ [-31,900]
SUBTOTAL UNDISTRIBUTED...................................... 0 66,020
TOTAL OPERATION & MAINTENANCE, SPACE FORCE.................. 4,034,658 4,300,578
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES....................................... 1,743,908 1,759,608
Air Force UFR--readiness spare packages..................... [15,700]
020 MISSION SUPPORT OPERATIONS.................................. 193,568 193,568
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE........................ 493,664 507,764
Air Force UFR--Weapon system sustainment.................... [14,100]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION......... 133,782 151,282
Increase for FSRM to 100%................................... [17,500]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT............. 341,724 341,724
060 BASE SUPPORT................................................ 522,195 522,195
070 CYBERSPACE ACTIVITIES....................................... 1,706 1,706
SUBTOTAL OPERATING FORCES................................... 3,430,547 3,477,847
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION.............................................. 102,038 102,038
090 RECRUITING AND ADVERTISING.................................. 9,057 9,057
100 MILITARY MANPOWER AND PERS MGMT (ARPC)...................... 14,896 14,896
110 OTHER PERS SUPPORT (DISABILITY COMP)........................ 7,544 7,544
120 AUDIOVISUAL................................................. 462 462
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES.......... 133,997 133,997
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 25,565
Foreign currency fluctuations............................... [-12,500]
Inflation effects........................................... [65,065]
Unobligated balances........................................ [-27,000]
SUBTOTAL UNDISTRIBUTED...................................... 0 25,565
[[Page S6241]]
TOTAL OPERATION & MAINTENANCE, AF RESERVE................... 3,564,544 3,637,409
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS......................................... 2,301,784 2,412,584
Air Force UFR--readiness spare packages..................... [110,800]
020 MISSION SUPPORT OPERATIONS.................................. 587,793 587,793
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE........................ 1,193,699 1,256,499
Air Force UFR--Weapon system sustainment.................... [62,800]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION......... 437,042 493,142
Increase for FSRM to 100%................................... [56,100]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT............. 1,284,264 1,284,264
060 BASE SUPPORT................................................ 967,169 967,169
070 CYBERSPACE SUSTAINMENT...................................... 12,661 12,661
080 CYBERSPACE ACTIVITIES....................................... 15,886 15,886
SUBTOTAL OPERATING FORCES................................... 6,800,298 7,029,998
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION.............................................. 52,075 52,075
100 RECRUITING AND ADVERTISING.................................. 48,306 48,306
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES......... 100,381 100,381
UNDISTRIBUTED
998 UNDISTRIBUTED............................................... 0 107,863
Foreign currency fluctuations............................... [-24,300]
Inflation effects........................................... [149,563]
Unobligated balances........................................ [-17,400]
SUBTOTAL UNDISTRIBUTED...................................... 0 107,863
TOTAL OPERATION & MAINTENANCE, ANG.......................... 6,900,679 7,238,242
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF....................................... 445,366 445,566
Civilian Harm Mitigation and Response Action Plan [10,000]
Implementation.............................................
Unobligated balances........................................ [-9,800]
020 JOINT CHIEFS OF STAFF--CYBER................................ 9,887 9,887
030 JOINT CHIEFS OF STAFF--JTEEP................................ 679,336 679,336
040 OFFICE OF THE SECRETARY OF DEFENSE--MISO.................... 246,259 273,759
INDOPACOM UFR--Information operations....................... [27,500]
050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.... 2,056,291 2,056,291
060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES............ 39,178 39,178
070 SPECIAL OPERATIONS COMMAND INTELLIGENCE..................... 1,513,025 1,513,025
080 SPECIAL OPERATIONS COMMAND MAINTENANCE...................... 1,207,842 1,232,242
Combatant Craft Medium refurbishment........................ [4,300]
MQ-9 Unmanned Aerial Vehicle realignment of funds........... [-5,900]
SOCOM UFR--ADVANA expansion................................. [8,000]
SOCOM UFR--Data stewardship program......................... [18,000]
090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL 196,271 196,271
HEADQUARTERS...............................................
100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.............. 1,299,309 1,299,309
110 SPECIAL OPERATIONS COMMAND THEATER FORCES................... 3,314,770 3,319,770
Special Operations support to irregular warfare............. [5,000]
SUBTOTAL OPERATING FORCES................................... 11,007,534 11,064,634
[[Page S6242]]
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY.............................. 176,454 176,454
130 JOINT CHIEFS OF STAFF....................................... 101,492 101,492
140 SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT 35,279 35,279
EDUCATION..................................................
SUBTOTAL TRAINING AND RECRUITING............................ 313,225 313,225
ADMIN & SRVWIDE ACTIVITIES
150 CIVIL MILITARY PROGRAMS..................................... 139,656 154,656
STARBASE.................................................... [15,000]
170 DEFENSE CONTRACT AUDIT AGENCY............................... 646,072 643,472
Unobligated balances........................................ [-2,600]
180 DEFENSE CONTRACT AUDIT AGENCY--CYBER........................ 4,107 4,107
190 DEFENSE CONTRACT MANAGEMENT AGENCY.......................... 1,506,300 1,490,800
Unobligated balances........................................ [-15,500]
200 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER................... 29,127 29,127
210 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY............. 983,133 1,001,533
Increase for beneficial ownership assessment program........ [18,400]
230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER...... 10,245 10,245
240 DEFENSE HUMAN RESOURCES ACTIVITY............................ 935,241 935,241
250 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER..................... 26,113 26,113
260 DEFENSE INFORMATION SYSTEMS AGENCY.......................... 2,266,729 2,233,529
Unobligated balances........................................ [-33,200]
270 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER................... 643,643 643,643
300 DEFENSE LEGAL SERVICES AGENCY............................... 233,687 233,687
310 DEFENSE LOGISTICS AGENCY.................................... 429,060 422,560
Unobligated balances........................................ [-6,500]
320 DEFENSE MEDIA ACTIVITY...................................... 243,631 243,631
330 DEFENSE PERSONNEL ACCOUNTING AGENCY......................... 150,021 150,021
340 DEFENSE SECURITY COOPERATION AGENCY......................... 2,445,669 2,357,959
Civilian harm mitigation institutional capacity building.... [1,000]
INDOPACOM UFR--security cooperation......................... [35,790]
International Security Cooperation--AFRICOM................. [20,000]
International Security Cooperation--NORTHCOM................ [6,000]
International Security Cooperation--SOUTHCOM................ [20,000]
Regional Defense Combating Terrorism and Irregular Warfare [5,000]
Fellowship Program.........................................
SOUTHCOM UFR--Regional Andean Ridge capability for Maritime [33,000]
Domain Awareness...........................................
SOUTHCOM UFR--Regional CENTAM capability to counter [91,500]
transboundary threats......................................
Transfer to Ukraine Security Assistance Initiative.......... [-300,000]
350 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION.................. 40,063 40,063
360 DEFENSE THREAT REDUCTION AGENCY............................. 941,763 941,763
380 DEFENSE THREAT REDUCTION AGENCY--CYBER...................... 56,052 56,052
390 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.................... 3,276,276 3,361,276
Impact Aid.................................................. [50,000]
Impact Aid--base closures, force structure changes, force [15,000]
relocations................................................
Impact Aid--severe disabilities............................. [20,000]
400 MISSILE DEFENSE AGENCY...................................... 541,787 541,787
430 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION........... 108,697 108,697
[[Page S6243]]
440 OFFICE OF THE SECRETARY OF DEFENSE.......................... 2,239,072 2,349,372
Anomalous Health Incidents.................................. [10,000]
Bien Hoa dioxin cleanup..................................... [15,000]
CDC nationwide human health assessment...................... [20,000]
Civilian Harm Mitigation and Response Action Plan [10,000]
Implementation.............................................
Defense Environmental International Cooperation Program..... [7,000]
Demonstration of component content management systems....... [2,000]
Readiness and Environmental Protection Integration.......... [5,300]
Secretary of Defense Strategic Competition Initiative....... [20,000]
Special Education Inclusion Coordinators pilot program...... [20,000]
U.S. Telcommunications Training Institute support........... [1,000]
450 OFFICE OF THE SECRETARY OF DEFENSE--CYBER................... 55,255 55,255
470 WASHINGTON HEADQUARTERS SERVICES............................ 369,943 369,943
9999 CLASSIFIED PROGRAMS......................................... 18,764,415 18,787,015
CYBERCOM UFR--Intel support to cyberspace operations........ [12,100]
INDOPACOM UFR--JWICS modernization.......................... [10,500]
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES......................... 37,085,757 37,191,547
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE............... 48,406,516 50,107,628
UNDISTRIBUTED
OPERATION & MAINTENANCE, DEFENSE-WIDE
998 UNDISTRIBUTED............................................... 0 738,222
Increase for FY22 Legislative Commissions................... [17,650]
Inflation effects........................................... [765,972]
Program reduction--USSOCOM.................................. [-45,400]
SUBTOTAL UNDISTRIBUTED...................................... 0 738,222
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE ARMED FORCES, DEF
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE........... 16,003 16,003
020 UNDISTRIBUTED............................................... 0 184
Inflation effects........................................... [184]
SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF...... 16,003 16,187
TOTAL MISCELLANEOUS APPROPRIATIONS.......................... 16,003 16,187
MISCELLANEOUS APPROPRIATIONS
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID............... 112,800 137,800
Program increase............................................ [25,000]
SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID..... 112,800 137,800
TOTAL MISCELLANEOUS APPROPRIATIONS.......................... 112,800 137,800
MISCELLANEOUS APPROPRIATIONS
COOPERATIVE THREAT REDUCTION ACCOUNT
010 COOPERATIVE THREAT REDUCTION................................ 341,598 341,598
010 UNDISTRIBUTED............................................... 0 12,796
Inflation effects........................................... [12,796]
SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT............... 341,598 354,394
TOTAL MISCELLANEOUS APPROPRIATIONS.......................... 341,598 354,394
[[Page S6244]]
MISCELLANEOUS APPROPRIATIONS
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD........................................ 53,791 53,791
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT.................. 53,791 53,791
TOTAL MISCELLANEOUS APPROPRIATIONS.......................... 53,791 53,791
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, ARMY
050 ENVIRONMENTAL RESTORATION, ARMY............................. 196,244 196,244
050 UNDISTRIBUTED............................................... 0 5,584
Inflation effects........................................... [5,584]
SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY.................... 196,244 201,828
TOTAL MISCELLANEOUS APPROPRIATIONS.......................... 196,244 201,828
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, NAVY
060 ENVIRONMENTAL RESTORATION, NAVY............................. 359,348 359,348
060 UNDISTRIBUTED............................................... 0 10,225
Inflation effects........................................... [10,225]
SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY.................... 359,348 369,573
TOTAL MISCELLANEOUS APPROPRIATIONS.......................... 359,348 369,573
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE........................ 314,474 314,474
070 UNDISTRIBUTED............................................... 0 8,949
Inflation effects........................................... [8,949]
SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE............... 314,474 323,423
TOTAL MISCELLANEOUS APPROPRIATIONS.......................... 314,474 323,423
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, DEFENSE
080 ENVIRONMENTAL RESTORATION, DEFENSE.......................... 8,924 8,924
080 UNDISTRIBUTED............................................... 0 254
Inflation effects........................................... [254]
SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE................. 8,924 9,178
TOTAL MISCELLANEOUS APPROPRIATIONS.......................... 8,924 9,178
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES............... 227,262 227,262
090 UNDISTRIBUTED............................................... 0 6,466
Inflation effects........................................... [6,466]
SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES...... 227,262 233,728
TOTAL MISCELLANEOUS APPROPRIATIONS.......................... 227,262 233,728
UKRAINE SECURITY ASSISTANCE INITIATIVE
010 UKRAINE SECURITY ASSISTANCE INITIATIVE...................... 0 800,000
Program increase............................................ [500,000]
Transfer from Defense Security Cooperation Agency........... [300,000]
SUBTOTAL UKRAINE SECURITY ASSISTANCE INITIATIVE............. 0 800,000
[[Page S6245]]
TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE................. 0 1,701,112
RED HILL RECOVERY FUND
RED HILL RECOVERY FUND
010 RED HILL RECOVERY FUND...................................... 1,000,000 1,000,000
SUBTOTAL RED HILL RECOVERY FUND............................. 1,000,000 1,000,000
TOTAL RED HILL RECOVERY FUND................................ 1,000,000 1,000,000
SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS, DEFENSE
OPERATIONS SUPPORT
100 SUPPORT OF INTERNATIONAL SPORTING COMPETITIONS, DEFENSE..... 10,377 10,673
Inflation effects........................................... [296]
SUBTOTAL OPERATIONS SUPPORT................................. 10,377 10,673
TOTAL SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS, 10,377 10,673
DEFENSE....................................................
TOTAL OPERATION & MAINTENANCE............................... 271,218,877 284,261,671
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 164,139,628 170,015,728
Additional special incentive pays..... 100,000
Air Force end strength--E-10 Sentry 234,000
AWACS and medical billets............
Home leave demonstration program...... 10,000
LSD-42, CG-69, T-ESD-1, T-ESD-2 and 116,500
LCS-11, -13, -15, -17, -19 restoral..
LSD-44, LSD-46, LSD-48 restoral....... 58,900
Navy end strength--improve fleet 924,000
manning..............................
Undistributed--compensation inflation 5,000,000
effects..............................
Unobligated balances.................. [-567,300]
SUBTOTAL MILITARY PERSONNEL 164,139,628 170,015,728
APPROPRIATIONS.......................
MEDICARE-ELIGIBLE RETIREE HEALTH CARE
FUND CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH CARE 9,743,704 9,743,704
FUND CONTRIBUTIONS...................
SUBTOTAL MEDICARE-ELIGIBLE RETIREE 9,743,704 9,743,704
HEALTH CARE FUND CONTRIBUTIONS.......
TOTAL MILITARY PERSONNEL.............. 173,883,332 179,759,432
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
1 INDUSTRIAL OPERATIONS.......... 28,448 28,448
2 SUPPLY MANAGEMENT--ARMY........ 1,489 1,489
SUBTOTAL WORKING CAPITAL FUND, 29,937 29,937
ARMY..........................
WORKING CAPITAL FUND, AIR FORCE
2 SUPPLIES AND MATERIALS......... 80,448 80,448
SUBTOTAL WORKING CAPITAL FUND, 80,448 80,448
AIR FORCE.....................
NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND
1 ACQUISITION, UPGRADE, AND 253,500 1,003,500
RELOCATION....................
Program increase............... [750,000]
[[Page S6246]]
SUBTOTAL NATIONAL DEFENSE 253,500 1,003,500
STOCKPILE TRANSACTION FUND....
WORKING CAPITAL FUND, DEFENSE-
WIDE
1 DEFENSE AUTOMATION & PRODUCTION 2 2
SERVICES......................
3 ENERGY MANAGEMENT--DEF......... 8,300 8,300
SUBTOTAL WORKING CAPITAL FUND, 8,302 8,302
DEFENSE-WIDE..................
WORKING CAPITAL FUND, DECA
2 WORKING CAPITAL FUND, DECA..... 1,211,208 1,225,333
Inflation effects.............. [14,125]
SUBTOTAL WORKING CAPITAL FUND, 1,211,208 1,225,333
DECA..........................
TOTAL WORKING CAPITAL FUND..... 1,583,395 2,347,520
CHEM AGENTS & MUNITIONS
DESTRUCTION
OPERATION & MAINTENANCE
1 CHEM DEMILITARIZATION--O&M..... 84,612 84,612
SUBTOTAL OPERATION & 84,612 84,612
MAINTENANCE...................
RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION
2 CHEM DEMILITARIZATION--RDT&E... 975,206 975,206
SUBTOTAL RESEARCH, DEVELOPMENT, 975,206 975,206
TEST, AND EVALUATION..........
PROCUREMENT
3 UNDISTRIBUTED.................. 0 28,929
Inflation effects.............. [28,929]
SUBTOTAL PROCUREMENT........... 0 28,929
TOTAL CHEM AGENTS & MUNITIONS 1,059,818 1,088,747
DESTRUCTION...................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTRDCTN
1 COUNTER-NARCOTICS SUPPORT...... 619,474 635,716
Counter-narcotics support [8,000]
NORTHCOM......................
INDOPACOM UFR--JIATF-W......... [8,242]
SUBTOTAL DRUG INTRDCTN......... 619,474 635,716
DRUG DEMAND REDUCTION PROGRAM
2 DRUG DEMAND REDUCTION PROGRAM.. 130,060 130,060
SUBTOTAL DRUG DEMAND REDUCTION 130,060 130,060
PROGRAM.......................
NATIONAL GUARD COUNTER-DRUG
PROGRAM
3 NATIONAL GUARD COUNTER-DRUG 100,316 100,316
PROGRAM.......................
SUBTOTAL NATIONAL GUARD COUNTER- 100,316 100,316
DRUG PROGRAM..................
NATIONAL GUARD COUNTER-DRUG
SCHOOLS
4 NATIONAL GUARD COUNTER-DRUG 5,878 5,878
SCHOOLS.......................
SUBTOTAL NATIONAL GUARD COUNTER- 5,878 5,878
DRUG SCHOOLS..................
5 UNDISTRIBUTED.................. 0 18,898
Inflation effects.............. [18,898]
SUBTOTAL DRUG INTRDCTN......... 0 18,898
TOTAL DRUG INTERDICTION & CTR- 855,728 890,868
DRUG ACTIVITIES, DEF..........
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL
1 OPERATION AND MAINTENANCE...... 474,650 474,650
2 OPERATION AND MAINTENANCE...... 1,321 1,321
3 RDT&E.......................... 1,864 1,864
4 PROCUREMENT.................... 1,524 1,524
5 UNDISTRIBUTED.................. 0 4,932
Inflation effects.............. [4,932]
SUBTOTAL OFFICE OF THE 475,971 475,971
INSPECTOR GENERAL.............
SUBTOTAL OFFICE OF THE 1,864 1,864
INSPECTOR GENERAL.............
SUBTOTAL OFFICE OF THE 1,524 1,524
INSPECTOR GENERAL.............
SUBTOTAL OFFICE OF THE 0 4,932
INSPECTOR GENERAL.............
TOTAL OFFICE OF THE INSPECTOR 479,359 484,291
GENERAL.......................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
1 IN-HOUSE CARE.................. 9,906,943 9,926,943
[[Page S6247]]
Anomalous Health Incidents. [20,000]
2 PRIVATE SECTOR CARE............ 18,455,209 18,455,209
3 CONSOLIDATED HEALTH SUPPORT.... 1,916,366 1,916,366
4 INFORMATION MANAGEMENT......... 2,251,151 2,251,151
5 MANAGEMENT ACTIVITIES.......... 338,678 338,678
6 EDUCATION AND TRAINING......... 334,845 334,845
7 BASE OPERATIONS/COMMUNICATIONS. 2,111,558 2,126,558
National Disaster Medical [15,000]
System pilot program.......
SUBTOTAL OPERATION & 35,314,750 35,349,750
MAINTENANCE...................
RDT&E
10 R&D ADVANCED DEVELOPMENT....... 320,862 320,862
11 R&D DEMONSTRATION/VALIDATION... 166,960 166,960
12 R&D ENGINEERING DEVELOPMENT.... 103,970 103,970
12 R&D MANAGEMENT AND SUPPORT..... 85,186 85,186
14 R&D CAPABILITIES ENHANCEMENT... 17,971 17,971
8 R&D RESEARCH................... 39,568 39,568
9 R&D EXPLORATRY DEVELOPMENT..... 175,477 175,477
SUBTOTAL RDT&E................. 909,994 909,994
PROCUREMENT
15 PROC INITIAL OUTFITTING........ 21,625 21,625
16 PROC REPLACEMENT & 234,157 234,157
MODERNIZATION.................
17 PROC JOINT OPERATIONAL MEDICINE 1,467 1,467
INFORMATION SYSTEM............
18 PROC MILITARY HEALTH SYSTEM-- 72,601 72,601
DESKTOP TO DATACENTER.........
19 PROC DOD HEALTHCARE MANAGEMENT 240,224 240,224
SYSTEM MODERNIZATION..........
SUBTOTAL PROCUREMENT........... 570,074 570,074
SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
20 SOFTWARE & DIGITAL TECHNOLOGY 137,356 137,356
PILOT PROGRAMS................
SUBTOTAL SOFTWARE & DIGITAL 137,356 137,356
TECHNOLOGY PILOT PROGRAMS.....
TOTAL DEFENSE HEALTH PROGRAM... 36,932,174 36,967,174
TOTAL OTHER AUTHORIZATIONS..... 40,910,474 41,778,600
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2023 Senate
Account Installation Project Title Request Authorized
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ARMY
Alabama
Army Redstone Arsenal Physics Lab.............. 0 44,000
Army Redstone Arsenal Storage Consolidation.... 0 52,000
Alaska
Army Fort Wainwright Physical Fitness Facility 0 50,000
Arizona
Army Yuma Proving Ground Cost to Complete: Ready 0 6,500
Building.
Bulgaria
Army Novo Selo Training Cost to Complete: EDI- 0 3,640
Area Ammunition Holding Area.
Colorado
Army Fort Carson Fire Station............. 14,200 14,200
Florida
Army Camp Bull Simons Child Development Center 0 4,750
(P&D).
Georgia
Army Fort Gillem Cost to Complete: 0 24,700
Forensic Laboratory.
Germany
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx1 104,000 14,000
(Brks/Veh Maint).
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx2 64,000 64,000
(Ops/Veh Maint).
Hawaii
Army Fort Shafter Water System Upgrade..... 0 33,000
Army Schofield Barracks Company Operations 0 111,000
Facilities.
Japan
Army Kadena Air Force Base Vehicle Maintenance Shop. 0 99,000
Kentucky
Army Fort Campbell Cost to Complete: Vehicle 0 13,650
Maintenance Shop.
Kwajalein
Army Kwajalein Atoll Medical Clinic........... 69,000 69,000
[[Page S6248]]
Louisiana
Army Fort Polk Child Development Center. 32,000 32,000
Army Fort Polk Cost to Complete: Child 0 9,000
Development Center.
Army Fort Polk Cost to Complete: 0 35,360
Information System
Facility.
Army Fort Polk Cost to Complete: Joint 0 61,000
Operations Center.
Maryland
Army Fort Meade Cost to Complete: 0 17,550
Cantonment Area Roads.
Mississippi
Army Engineer Research and Lab and Test Building.... 0 20,000
Development Center
New York
Army Fort Drum Physical Fitness Testing 0 5,300
Facility (P&D).
Army United States Military Engineering Center....... 39,800 39,800
Academy
North Carolina
Army Fort Bragg Fort Bragg Schools 0 7,500
Modernization (P&D).
Army Fort Bragg Multipurpose Training 34,000 34,000
Range.
Oklahoma
Army Fort Sill Cost to Complete: Advance 0 85,800
Individual Training
Complex, Phase 2.
Army McAlester Army Cost to Complete: 0 39,000
Ammunition Plant Ammunition Demolition
Shop.
Pennsylvania
Army Letterkenny Army Depot Shipping and Receiving 38,000 38,000
Building.
Texas
Army Corpus Christi Army Powertrain Facility 103,000 55,000
Depot (Engine Assembly).
Army Fort Bliss Fire Station............. 15,000 15,000
Washington
Army Joint Base Lewis- Barracks................. 49,000 49,000
McChord
Worldwide Unspecified
Army Unspecified Worldwide Unaccompanied Barracks 0 15,930
Locations Planning and Design.
Army Unspecified Worldwide Host Nation Support...... 26,000 26,000
Locations
Army Unspecified Worldwide Planning & Design........ 167,151 167,151
Locations
Army Unspecified Worldwide Unspecified Minor 90,414 90,414
Locations Military Construction.
Army Unspecified Worldwide Cost to Complete: FY22 0 227,570
Locations Inflation Effects.
Army Unspecified Worldwide Cost to Complete: FY23 0 111,300
Locations Inflation Effects.
Army Unspecified Worldwide Inflation & Market 0 142,116
Locations Adjustment Fund.
........................
Subtotal Military Construction, Army 845,565 1,927,231
......................
NAVY
Australia
Navy Royal Australian Air PDI: Aircraft Parking 72,446 72,446
Force Base Darwin Apron (INC).
California
Navy Marine Corps Air Range Simulation Training 120,382 10,382
Ground Combat Center & Operations Fac..
Twentynine Palms
Navy Marine Corps Base Camp Basilone Road Realignment 85,210 85,210
Pendleton
Navy Marine Corps Base Camp Child Development Center. 0 32,100
Pendleton
Navy Marine Corps Recruit Recruit Barracks......... 0 83,200
Depot San Diego
Navy Naval Air Station F-35C Aircraft Maint. 201,261 41,261
Lemoore Hangar & Airfield Pave.
Navy Naval Base Point Loma Child Development Center. 56,450 56,450
Annex
Navy Naval Base San Diego Floating Dry Dock Mooring 0 9,000
Facility.
Navy Naval Base San Diego Pier 6 Replacement (INC). 15,565 15,565
Navy Naval Surface Warfare Data Science Analytics 0 2,845
Center Corona and Innovation (P&D).
Division
Navy Naval Surface Warfare Performance Assessment 0 15,000
Center Corona Communications
Division Laboratory.
Connecticut
Navy Naval Submarine Base Relocate Underwater 15,514 15,514
New London Electromagnetic Measure.
[[Page S6249]]
Djibouti
Navy Camp Lemonnier Electrical Power Plant... 0 12,000
Florida
Navy Naval Air Station Engine Test Cells 86,232 86,232
Jacksonville Modifications.
Navy Naval Air Station AHTS Aircraft Flight 57,789 57,789
Whiting Field Simulator Facility.
Navy Naval Air Station Advanced Helicopter 0 141,500
Whiting Field Training System Hangar.
Navy Naval Surface Warfare SFOMF Storage Laboratory. 0 2,073
Center Carderock
Division
Georgia
Navy Naval Submarine Base Nuclear Regional 213,796 13,796
Kings Bay Maintenance Facility.
Navy Naval Submarine Base Trident Training Fac. 65,375 65,375
Kings Bay Columbia Trainer Expan.
Guam
Navy Marine Corps Base Camp PDI: 9th Eng Supp 131,590 41,590
Blaz Battalion Equip & Main
Fac.
Navy Marine Corps Base Camp PDI: 9th Engineer Support 35,188 35,188
Blaz Battalion Ops. Fac.
Navy Marine Corps Base Camp PDI: Brown Tree Snake 14,497 14,497
Blaz Exclusion Barrier South.
Navy Marine Corps Base Camp PDI: Ground Combat 149,314 69,314
Blaz Element Inf Btn 1 & 2
Fac.
Hawaii
Navy Joint Base Pearl Dry Dock 3 Replacement 621,185 421,185
Harbor-Hickam (INC).
Navy Joint Base Pearl Missile Magazines........ 0 10,000
Harbor-Hickam
Navy Joint Base Pearl Waterfront Production 0 40,000
Harbor-Hickam Facility (P&D).
Navy Marine Corps Base Bachelor Enlisted 0 57,900
Kaneohe Bay Quarters.
Idaho
Navy Naval Surface Warfare ARD Range Craft Berthing 0 707
Center Carderock Facility (P&D).
Division
Japan
Navy Kadena Air Base PDI: Marine Corps 94,100 14,100
Bachelor Enlisted
Quarters.
Navy Kadena Air Base PDI: Marine Corps 101,300 31,300
Barracks Complex.
Maine
Navy Portsmouth Naval Multi-Mission Drydock #1 503,282 503,282
Shipyard Extension (INC).
Maryland
Navy Naval Surface Warfare Ship Systems Integration 0 2,651
Center Carderock and Design Facility
Division (P&D).
Navy Naval Surface Warfare Combustion Laboratory.... 0 6,000
Center Indian Head
Division
Navy Naval Surface Warfare Contained Burn Facility 0 5,651
Center Indian Head (P&D).
Division
Navy Naval Surface Warfare EOD Explosive Testing 0 2,039
Center Indian Head Range 2 Expansion at SN,
Division Building 2107.
Nevada
Navy Naval Air Station F-35C Aircraft 97,865 30,865
Fallon Maintenance Hangar.
Navy Naval Air Station Fallon Range Training 0 48,300
Fallon Complex Land Acquisition
Phase 2.
North Carolina
Navy Marine Corps Air Aircraft Maintenance 106,000 11,000
Station Cherry Point Hangar (INC).
Navy Marine Corps Air CH-53K Gearbox Repair and 38,415 38,415
Station Cherry Point Test Facility.
Navy Marine Corps Air F-35 Flightline Util 58,000 58,000
Station Cherry Point Modernization Ph 2 (INC).
Navy Marine Corps Air Three Module Type II 0 21,000
Station New River Hangar.
Navy Marine Corps Base Camp Regional Communications 47,475 47,475
Lejeune Station, Hadnot Point.
[[Page S6250]]
Pennsylvania
Navy Naval Surface Warfare Machinery Control 0 86,610
Center Philadelphia Developmental Center.
Division
South Carolina
Navy Marine Corps Recruit Recruit Barracks......... 0 37,600
Depot Parris Island
Navy Marine Corps Recruit Recruit Barracks......... 0 38,300
Depot Parris Island
Spain
Navy Naval Station Rota EDI: Missile Magazines... 0 76,300
Virginia
Navy Naval Surface Warfare Upgrade Electrical 0 2,503
Center Dahlgren Substation 1.
Division
Navy Naval Surface Warfare Weapons Integration and 0 1,237
Center Dahlgren Test Campus (P&D).
Division
Navy Naval Station Norfolk Submarine Logistics 16,863 16,863
Support Facilities.
Navy Naval Station Norfolk Submarine Pier 3 (INC)... 155,000 125,000
Navy Portsmouth Naval Dry Dock Saltwater System 47,718 47,718
Shipyard for CVN-78 (INC).
Washington
Navy Naval Air Station E/A-18G Aircraft Flt. 37,461 37,461
Whidbey Island Read. Squad. Train. Fac.
Navy Naval Air Station P-8A Aircraft Airfield 0 68,100
Whidbey Island Pavements Improvements.
Worldwide Unspecified
Navy Unspecified Worldwide Planning & Design (Navy). 0 63,400
Locations
Navy Unspecified Worldwide Planning & Design (SIOP). 0 75,000
Locations
Navy Unspecified Worldwide Planning & Design (USMC). 0 37,800
Locations
Navy Unspecified Worldwide Planning & Design 0 31,170
Locations (INDOPACOM).
Navy Unspecified Worldwide MCON Planning and Funds.. 397,124 397,124
Locations
Navy Unspecified Worldwide Unspecified Minor 109,994 109,994
Locations Military Construction.
Navy Unspecified Worldwide Cost to Complete: FY22 0 456,210
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY22 0 28,550
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 16,680
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 9,900
Locations Inflation Effects (UMMC).
Navy Unspecified Worldwide Cost to Complete: FY23 0 172,690
Locations Inflation Effects.
Navy Unspecified Worldwide Inflation & Market 0 225,537
Locations Adjustment Fund.
........................
Subtotal Military Construction, Navy 3,752,391 4,489,944
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AIR FORCE
Alabama
Air Force Maxwell Air Force Base Commercial Vehicle 0 15,000
Inspection Gate.
Alaska
Air Force Clear Air Force LRDR Dormitory........... 68,000 68,000
Station
Air Force Joint Base Elmendorf- Extend Runway 16/34 (INC) 100,000 100,000
Richardson
Air Force Joint Base Elmendorf- PFAS: Contaminated Soil 0 5,200
Richardson Removal.
Arizona
Air Force Luke Air Force Base Child Development Center 0 4,750
(P&D).
Air Force Davis-Monthan Air Combat Rescue Helicopter 0 7,500
Force Base Simulator.
California
Air Force Air Force Test Center-- Munitions Igloo--East 0 650
Edwards Air Force (P&D).
Base
Air Force Travis Air Force Base KC-46A ADAL B179, 0 7,500
Simulator Facility.
Air Force Vandenberg Air Force GBSD Consolidated 89,000 89,000
Base Maintenance Facility.
Florida
Air Force Tyndall Air Force Base Cost to Complete--Natural 0 66,000
Disaster Recovery.
[[Page S6251]]
Air Force Air Force Research Shock and Applied Impact 0 530
Laboratory--Eglin Air Laboratory (SAIL) (P&D).
Force Base
Hawaii
Air Force Air Force Research Secure Integration 0 89,000
Laboratory--Maui Support Lab w/ Land
Experimental Site #1 Acquisition.
Hungary
Air Force Papa Air Base EDI: DABS-FEV Storage.... 71,000 71,000
Iceland
Air Force Naval Air Station EDI: DABS-FEV Storage.... 94,000 30,000
Keflavik
Illinois
Air Force Scott Air Force Base Child Development Center. 0 19,893
Italy
Air Force Aviano Air Base Combat Rescue Helicopter 15,500 15,500
Simulator Facility.
Air Force Aviano Air Base EDI: RADR Storage 31,000 31,000
Facility.
Japan
Air Force Kadena Air Base Helicopter Rescue Ops 71,000 71,000
Maintenance Hangar (INC).
Air Force Kadena Air Base PDI: Theater A/C 77,000 77,000
Corrosion Control Ctr
(INC).
Air Force Yokota Air Base Cost to Complete: PDI: C- 0 10,000
130J Corrosion Control
Hangar.
Jordan
Air Force Muwaffaq Salti Air Bulk Petroleum/Oil/ 32,000 32,000
Base Lubricants Storage.
Air Force Muwaffaq Salti Air Fuel Cell and Phase 18,000 18,000
Base Maintenance Hangars.
Louisiana
Air Force Barksdale Air Force Weapons Generation 125,000 125,000
Base Facility (INC).
Mariana Islands
Air Force Tinian PDI: Airfield Development 58,000 58,000
Phase 1 (INC).
Air Force Tinian PDI: Fuel Tanks w/ 92,000 92,000
Pipeline & Hydrant Sys,
INC.
Air Force Tinian PDI: Parking Apron (INC). 41,000 41,000
Maryland
Air Force Joint Base Andrews Cost to Complete: PAR 0 28,200
Relocate Haz Cargo Pad
and EOD Range.
Massachusetts
Air Force Hanscom Air Force Base MIT-Lincoln Lab (West Lab 30,200 30,200
CSL/MIF), INC.
Nebraska
Air Force Offutt Air Force Base Cost to Complete--Natural 0 235,000
Disaster Recovery.
New Mexico
Air Force Holloman Air Force High Speed Test Track 0 15,000
Base (P&D).
New York
Air Force Air Force Research HF Antennas, Newport and 0 4,200
Laboratory--Rome Stockbridge Test Annexes.
Research Site
Norway
Air Force Rygge Air Station EDI: Base Perimeter 8,200 8,200
Security Fence.
Ohio
Air Force Wright Patterson Air Child Development Center/ 0 29,000
Force Base School Age Center.
Oklahoma
Air Force Tinker Air Force Base E-7 Operations Center 0 15,000
(P&D).
Air Force Tinker Air Force Base Facility and Land 30,000 30,000
Acquisition (MROTC).
Air Force Tinker Air Force Base KC-46A 1-Bay Depot 0 40,000
Corrosion Control Hangar.
Air Force Tinker Air Force Base KC-46A 2-Bay Program 0 90,000
Depot Maintenance Hangar.
Air Force Tinker Air Force Base KC-46A 3-Bay Depot 49,000 49,000
Maintenance Hangar (INC).
Air Force Tinker Air Force Base KC-46A Fuel POL 13,600 13,600
Infrastructure.
South Carolina
Air Force Shaw Air Force Base RAPCON Facility.......... 10,000 10,000
South Dakota
Air Force Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 31,000
Base Facility (INC).
Air Force Ellsworth Air Force B-21 Radio Frequency 77,000 77,000
Base Facility.
Air Force Ellsworth Air Force B-21 Weapons Generation 50,000 50,000
Base Facility (INC).
Spain
Air Force Moron Air Base EDI: RADR Storage 29,000 29,000
Facility.
Tennessee
Air Force Arnold Air Force Base ARC Heater Test Facility 38,000 38,000
Dragon Fire.
Texas
Air Force Joint Base San Antonio- Cost to Complete: BMT 0 5,400
Lackland Recruit Dormitory 8.
Air Force Joint Base San Antonio- Child Development Center. 0 29,000
Randolph
Air Force Joint Base San Antonio BMT Recruit Dormitory 7 90,000 0
(INC).
United Kingdom
[[Page S6252]]
Air Force Royal Air Force Cost to Complete: F-35 0 3,100
Lakenheath PGM Facility.
Air Force Royal Air Force Cost to Complete: Joint 0 13,000
Molesworth Intelligence Analysis
Complex Consolidation,
PH3.
Air Force Royal Air Force Joint Intelligence 0 421,000
Molesworth Analysis Complex.
Utah
Air Force Hill Air Force Base GBSD Organic Software 95,000 95,000
Sustain Ctr (INC).
Air Force Hill Air Force Base GBSD Technology and 84,000 84,000
Collaboration Center.
Washington
Air Force Fairchild Air Force ADAL KC-135 Flight 0 8,000
Base Simulator.
Air Force Fairchild Air Force Cost to Complete: 0 7,300
Base Consolidate TFI Base
Operations.
Worldwide Unspecified
Air Force Unspecified Worldwide Planning & Design........ 135,794 135,794
Locations
Air Force Various Worldwide Unspecified Minor 66,162 66,162
Locations Military Construction.
Wyoming
Air Force F.E. Warren Air Force Cost to Complete: Weapons 0 26,000
Base Storage Facility.
Air Force F.E. Warren Air Force Military Working Dog 0 10,000
Base Kennel.
Air Force F.E. Warren Air Force GBSD Integrated Command 95,000 60,800
Base Center Wing A.
Air Force F.E. Warren Air Force GBSD Land Acquisition.... 34,000 34,000
Base
Air Force F.E. Warren Air Force GBSD Missile Handling 47,000 47,000
Base Complex Wing A.
Worldwide Unspecified
Air Force Unspecified Worldwide Cost to Complete: FY22 0 237,700
Locations Inflation Effects.
Air Force Unspecified Worldwide Cost to Complete: FY23 0 323,400
Locations Inflation Effects.
Air Force Unspecified Worldwide Inflation & Market 0 174,840
Locations Adjustment Fund.
........................
Subtotal Military Construction, Air Force 2,055,456 3,748,419
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DEFENSE-WIDE
Alabama
Defense-Wide Redstone Arsenal MSIC Advanced Analysis 0 15,000
Facility Phase 2 (INC).
Defense-Wide Redstone Arsenal Backup Power Generation.. 0 10,700
(Missile and Space
Intelligence Center)
California
Defense-Wide Naval Base Coronado SOF Operations Support 75,712 75,712
Facility.
Defense-Wide Marine Corps Mountain Microgrid and Backup 0 25,560
Warfare Training Power.
Center Bridgeport
Defense-Wide Naval Base Ventura Ground Mounted Solar 0 13,360
County, Point Mugu Photovoltaic System.
Djibouti
Defense-Wide Camp Lemonnier Enhanced Energy Security 0 24,000
and Control Systems.
Florida
Defense-Wide Hurlburt Field SOF Human Performance 9,100 9,100
Training Center.
Defense-Wide Naval Air Station Facility Energy 0 2,400
Jacksonville Operations Center
Renovation.
Defense-Wide Patrick Space Force Underground Electric 0 8,400
Base Distribution System.
Defense-Wide Patrick Space Force Water Distribution Loop.. 0 7,300
Base
Georgia
Defense-Wide Fort Stewart-Hunter Power Generation and 0 25,400
Army Airfield Microgrid.
Defense-Wide Naval Submarine Base SCADA Modernization...... 0 11,200
Kings Bay
Germany
Defense-Wide Baumholder Baumholder Elementary 71,000 71,000
School.
[[Page S6253]]
Defense-Wide Baumholder SOF Battalion Annex...... 22,468 22,468
Defense-Wide Baumholder SOF Communications Annex. 9,885 9,885
Defense-Wide Baumholder SOF Operations Annex..... 23,768 23,768
Defense-Wide Baumholder SOF Support Annex........ 21,902 21,902
Defense-Wide Rhine Ordnance Medical Center 299,790 24,790
Barracks Replacement (INC 10).
Defense-Wide Wiesbaden Clay Kaserne Elementary 60,000 60,000
School.
Guam
Defense-Wide Naval Base Guam Electrical Distribution 0 34,360
System.
Hawaii
Defense-Wide Joint Base Pearl Primary Electrical 0 25,000
Harbor-Hickam Distribution.
Japan
Defense-Wide Fleet Activities Kinnick High School (INC) 20,000 20,000
Yokosuka
Defense-Wide Iwakuni PDI: Bulk Storage Tanks 85,000 85,000
PH 1.
Defense-Wide Kadena Air Base Lighting Upgrades........ 0 780
Defense-Wide Yokota Air Base PDI: Bulk Storage Tanks 44,000 44,000
PH I (INC).
Defense-Wide Yokota Air Base PDI: Operations and 72,154 72,154
Warehouse Facilities.
Kansas
Defense-Wide Fort Riley Power Generation and 0 25,780
Microgrid.
Kuwait
Defense-Wide Camp Arifjan Power Generation and 0 26,850
Microgrid.
Maryland
Defense-Wide Bethesda Naval MEDCEN Addition / 75,500 75,500
Hospital Alteration (INC 6).
Defense-Wide Fort Meade NSAW Mission Ops and 140,000 80,000
Records Center (INC).
Defense-Wide Fort Meade NSAW Recap Building 4 378,000 318,000
(INC).
Defense-Wide Fort Meade Reclaimed Water 0 23,310
Infrastructure Expansion.
North Carolina
Defense-Wide Fort Bragg SOF Operations Building.. 18,870 18,870
Defense-Wide Fort Bragg SOF Supply Support 15,600 15,600
Activity.
Texas
Defense-Wide Fort Hood Power Generation and 0 31,500
Microgrid.
Defense-Wide Joint Base San Antonio Ambulatory Care Center 58,600 58,600
Replacement (Dental).
Defense-Wide U.S. Army Reserve Power Generation and 0 9,600
Center, Conroe Microgrid.
Virginia
Defense-Wide Dam Neck SOF Operations Building 26,600 26,600
Addition.
Defense-Wide Naval Support Activity Backup Power Generation.. 0 3,400
Hampton Roads
Defense-Wide Naval Support Activity Primary Distribution 0 19,000
Hampton Roads Substation.
Defense-Wide NCE Springfield, Ft Chilled Water Redundancy. 0 1,100
Belvoir
Defense-Wide Pentagon Commercial Vehicle 18,000 18,000
Inspection Facility.
Worldwide Unspecified
Defense-Wide Unspecified Worldwide Energy Resilience and 329,000 0
Locations Conserv. Invest. Prog..
Defense-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Military Construction
(Defense-Wide).
[[Page S6254]]
Defense-Wide Unspecified Worldwide Unspecified Minor 15,000 15,000
Locations Military Construction
(DHA).
Defense-Wide Unspecified Worldwide Unspecified Minor 31,702 31,702
Locations Military Construction
(DLA).
Defense-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000
Locations Military Construction
(DODEA).
Defense-Wide Unspecified Worldwide Unspecified Minor 0 16,130
Locations Military Construction
(INDOPACOM).
Defense-Wide Unspecified Worldwide Unspecified Minor 6,000 6,000
Locations Military Construction
(NSA).
Defense-Wide Unspecified Worldwide Unspecified Minor 36,726 36,726
Locations Military Construction
(SOCOM).
Defense-Wide Unspecified Worldwide Exercise Related Minor 18,644 18,644
Locations Construction (TJS).
Defense-Wide Unspecified Worldwide Planning & Design 26,689 26,689
Locations (Defense-Wide).
Defense-Wide Unspecified Worldwide Planning & Design (ERCIP) 224,250 224,250
Locations
Defense-Wide Unspecified Worldwide Planning & Design (DHA).. 33,227 33,227
Locations
Defense-Wide Unspecified Worldwide Planning & Design (DLA).. 30,000 30,000
Locations
Defense-Wide Unspecified Worldwide Planning & Design (DODEA) 20,086 20,086
Locations
Defense-Wide Unspecified Worldwide Planning & Design (MDA).. 47,063 47,063
Locations
Defense-Wide Unspecified Worldwide Planning & Design (NSA).. 9,618 9,618
Locations
Defense-Wide Unspecified Worldwide Planning & Design (SOCOM) 26,978 26,978
Locations
Defense-Wide Unspecified Worldwide Planning & Design (TJS).. 2,360 2,360
Locations
Defense-Wide Unspecified Worldwide Planning & Design (WHS).. 2,106 2,106
Locations
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 39,570
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 30,600
Locations Inflation Effects (DIA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 22,000
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 42,650
Locations Inflation Effects
(DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 9,200
Locations Inflation Effects (NSA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 81,070
Locations Inflation Effects (OSD).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 79,390
Locations Inflation Effects
(SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 10,110
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 11,720
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 17,000
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 29,200
Locations Inflation Effects
(DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 65,800
Locations Inflation Effects (OSD).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 59,210
Locations Inflation Effects
(SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 3,600
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide Inflation & Market 0 181,426
Locations Adjustment Fund.
........................
Subtotal Military Construction, Defense-Wide 2,416,398 2,735,074
......................
ARMY NATIONAL GUARD
Alaska
Army National Guard Joint Base Elmendorf- Aircraft Maintenance 0 63,000
Richardson Hangar.
Arkansas
[[Page S6255]]
Army National Guard Camp Robinson Automated Multipurpose 0 9,500
Machine Gun Range.
Delaware
Army National Guard River Road Training National Guard Readiness 16,000 16,000
Site Center.
Florida
Army National Guard Gainesville National Guard Readiness 0 21,000
Center.
Army National Guard Palm Coast Flagler Rc National Guard Vehicle 12,000 12,000
Fms 9 Maintenance Shop.
Hawaii
Army National Guard Kalaeloa National Guard Readiness 29,000 29,000
Center Addition.
Indiana
Army National Guard Atlanta Readiness National Guard Readiness 20,000 20,000
Center Center.
Iowa
Army National Guard West Des Moines Armory National Guard Readiness 15,000 15,000
Center.
Michigan
Army National Guard Grayling Airfield National Guard Readiness 16,000 16,000
Center.
Minnesota
Army National Guard New Ulm Armory and Fms National Guard Readiness 17,000 17,000
Center.
Nevada
Army National Guard Harry Reid Training National Guard Readiness 18,000 18,000
Center Center Add/Alt.
New York
Army National Guard Glenmore Rd Armory/Fms National Guard Vehicle 17,000 17,000
17 Maintenance Shop.
Army National Guard Lexington Armory National Guard Readiness 0 3,580
Center Addition/
Alteration (P&D).
North Carolina
Army National Guard Mcleansville Camp National Guard Vehicle 15,000 15,000
Burton Road Maintenance Shop.
Oregon
Army National Guard Camp Umatilla Collective Training 0 14,243
Unaccompanied Housing.
Puerto Rico
Army National Guard Camp Santiago Joint Engineering/Housing 14,500 14,500
Maneuver Training Maintenance Shops (DPW).
Center
Tennessee
Army National Guard Smyrna Volunteer Army Aviation Support 0 780
Training Site Facility and Readiness
Center (P&D).
Vermont
Army National Guard Bennington National Guard Readiness 14,800 0
Center.
West Virginia
Army National Guard Buckhannon Brushy Fork National Guard Readiness 14,000 14,000
Center Add/Alt.
Wyoming
Army National Guard Camp Guernsey Aviation Operations and 0 19,500
Fire Rescue Building.
[[Page S6256]]
Army National Guard Ts NG Sheridan National Guard Vehicle 14,800 14,800
Maintenance Shop.
Worldwide Unspecified
Army National Guard Unspecified Worldwide Planning & Design........ 28,245 32,745
Locations
Army National Guard Unspecified Worldwide Unspecified Minor 35,933 61,333
Locations Military Construction.
Army National Guard Unspecified Worldwide Cost to Complete: FY22 0 54,610
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 8,470
Locations Inflation Effects (P&D).
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 15,210
Locations Inflation Effects (UMMC).
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 65,200
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Inflation & Market 0 48,459
Locations Adjustment Fund.
........................
Subtotal Military Construction, Army National Guard 297,278 635,930
......................
ARMY RESERVE
California
Army Reserve Camp Pendleton Area Maintenance Support 0 13,000
Activity.
Florida
Army Reserve Perrine Army Reserve Center/AMSA. 46,000 46,000
Massachusetts
Army Reserve Fort Devens Cost to Complete: Multi- 0 3,000
Purpose Machine Gun
Range.
Michigan
Army Reserve Southfield Cost to Complete: Area 0 1,600
Maintenance Shop.
North Carolina
Army Reserve Asheville Cost to Complete: Army 0 2,000
Reserve Center.
Ohio
Army Reserve Wright-Patterson Air Area Maintenance Support 0 16,000
Force Base Activity.
Army Reserve Wright-Patterson Air Cost to Complete: Army 0 2,000
Force Base Reserve Center.
Puerto Rico
Army Reserve Fort Buchanan Army Reserve Center...... 24,000 24,000
Washington
Army Reserve Yakima Equipment Concentration 0 22,000
Site Warehouse.
Wisconsin
Army Reserve Fort McCoy Transient Training 0 38,000
Enlisted Barracks.
Army Reserve Fort McCoy Transient Training 0 26,000
Officer Barracks.
Worldwide Unspecified
Army Reserve Unspecified Worldwide Barracks Planning and 0 3,000
Locations Design.
Army Reserve Unspecified Worldwide Planning and Design...... 0 20,000
Locations
Army Reserve Unspecified Worldwide Unspecified Minor 0 25,000
Locations Construction.
Army Reserve Unspecified Worldwide Planning & Design........ 9,829 9,829
Locations
Army Reserve Unspecified Worldwide Unspecified Minor 20,049 20,049
Locations Military Construction.
Army Reserve Unspecified Worldwide Cost to Complete: FY22 0 70,000
Locations Inflation Effects.
[[Page S6257]]
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 2,950
Locations Inflation Effects (P&D).
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 6,000
Locations Inflation Effects (UMMC).
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 21,000
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Inflation & Market 0 27,842
Locations Adjustment Fund.
........................
Subtotal Military Construction, Army Reserve 99,878 399,270
......................
NAVY RESERVE & MARINE CORPS RESERVE
Hawaii
Navy Reserve & Marine Corps Marine Corps Base C-40 Aircraft Maintenance 0 7,000
Reserve Kaneohe Bay Hangar.
Michigan
Navy Reserve & Marine Corps Marine Forces Reserve Organic Supply Facilities 0 24,300
Reserve Battle Creek
Virginia
Navy Reserve & Marine Corps Marine Forces Reserve G/ATOR Support Facilities 0 10,400
Reserve Dam Neck Virginia
Beach
Worldwide Unspecified
Navy Reserve & Marine Corps Unspecified Worldwide MCNR Unspecified Minor 27,747 27,747
Reserve Locations Construction.
Navy Reserve & Marine Corps Unspecified Worldwide USMCR Planning & Design.. 2,590 2,590
Reserve Locations
Navy Reserve & Marine Corps Unspecified Worldwide Cost to Complete: FY22 0 250
Reserve Locations Inflation Effects (P&D).
Navy Reserve & Marine Corps Unspecified Worldwide Cost to Complete: FY22 0 7,850
Reserve Locations Inflation Effects.
Navy Reserve & Marine Corps Unspecified Worldwide Cost to Complete: FY23 0 110
Reserve Locations Inflation Effects (P&D).
Navy Reserve & Marine Corps Unspecified Worldwide Cost to Complete: FY23 0 2,500
Reserve Locations Inflation Effects (UMMC).
Navy Reserve & Marine Corps Unspecified Worldwide Inflation & Market 0 25,863
Reserve Locations Adjustment Fund.
........................
Subtotal Military Construction, Navy Reserve & Marine Corps Reserve 30,337 108,610
......................
AIR NATIONAL GUARD
Alabama
[[Page S6258]]
Air National Guard Birmingham Security and Services 7,500 7,500
International Airport Training Facility.
Air National Guard Montgomery Regional F-35 Weapons Load Crew 0 9,200
Airport Training.
Arizona
Air National Guard Morris Air National Base Entry Complex....... 0 12,000
Guard Base
Air National Guard Tucson International Land Acquisition......... 10,000 10,000
Airport
Florida
Air National Guard Jacksonville F-35 Construct Flight 22,200 22,200
International Airport Simulator Facility.
Indiana
Air National Guard Fort Wayne Munitions Maintenance & 12,800 12,800
International Airport Storage Complex.
Missouri
Air National Guard Jefferson Barracks Air Consolidated Air 0 2,100
Guard Station Operations Group (157th
Air Operations Group)
(P&D).
Rhode Island
Air National Guard Quonset State Airport Consolidated Headquarters 0 35,000
Medical & Dining
Facility.
Tennessee
Air National Guard McGhee Tyson Airport KC-135 Maintenance Shops. 23,800 23,800
West Virginia
Air National Guard Mclaughlin Air C-130J Apron Expansion... 0 10,000
National Guard Base
Worldwide Unspecified
Air National Guard Unspecified Worldwide Planning & Design........ 28,412 28,412
Locations
Air National Guard Unspecified Worldwide Unspecified Minor 44,171 44,171
Locations Military Construction.
Air National Guard Unspecified Worldwide Cost to Complete: FY22 0 72,400
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Cost to Complete: FY23 0 17,700
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Inflation & Market 0 54,236
Locations Adjustment Fund.
........................
Subtotal Military Construction, Air National Guard 148,883 361,519
......................
AIR FORCE RESERVE
Arizona
Air Force Reserve Davis-Monthan Air 610th CACS Command & 0 8,000
Force Base Control Facility.
Massachusetts
Air Force Reserve Westover Air Reserve Taxiway Golf Extension 0 1,900
Base (P&D).
Mississippi
Air Force Reserve Keesler Air Force Base Aeromedical Evacuation 0 10,000
Training Facility.
Oklahoma
Air Force Reserve Tinker Air Force Base 10th Flight Test Squadron 0 12,500
Facility.
Virginia
Air Force Reserve Langley Air Force Base Intelligence Group 0 10,500
Facility.
Worldwide Unspecified
Air Force Reserve Unspecified Worldwide Planning & Design........ 11,773 11,773
Locations
Air Force Reserve Unspecified Worldwide Unspecified Minor 11,850 11,850
Locations Military Construction.
Air Force Reserve Unspecified Worldwide Cost to Complete: FY22 0 11,800
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Cost to Complete: FY23 0 4,500
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Inflation & Market 0 26,611
Locations Adjustment Fund.
........................
Subtotal Military Construction, Air Force Reserve 23,623 109,434
......................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
[[Page S6259]]
NATO NATO Security NATO Security Investment 210,139 210,139
Investment Program Program.
NATO NATO Security Inflation & Market 0 5,980
Investment Program Adjustment Fund.
........................
Subtotal NATO Security Investment Program 210,139 216,119
......................
TOTAL MILITARY CONSTRUCTION 9,879,948 14,731,550
......................
FAMILY HOUSING
FAMILY HOUSING
CONSTRUCTION, ARMY
Germany
Fam Hsg Con, Army Baumholder Cost to Complete: Family 0 121,822
Housing New Construction.
Fam Hsg Con, Army Baumholder Family Housing 0 20,000
Improvements.
Fam Hsg Con, Army Baumholder Family Housing 57,000 57,000
Replacement Construction.
Fam Hsg Con, Army Vilseck Cost to Complete: Family 0 13,000
Housing New Construction.
Italy
Fam Hsg Con, Army Vicenza Family Housing New 95,000 40,000
Construction.
Fam Hsg Con, Army Vicenza Cost to Complete: Family 0 51,540
Housing New Construction.
Kwajalein
Fam Hsg Con, Army Kwajalein Atoll Cost to Complete: Family 0 47,060
Housing Replacement.
Worldwide Unspecified
Fam Hsg Con, Army Unspecified Worldwide Family Housing P&D....... 17,339 17,339
Locations
Fam Hsg Con, Army Unspecified Worldwide Cost to Complete: FY22 0 24,290
Locations Inflation Effects.
Fam Hsg Con, Army Unspecified Worldwide Cost to Complete: FY23 0 5,200
Locations Inflation Effects (P&D).
Fam Hsg Con, Army Unspecified Worldwide Cost to Complete: FY23 0 49,200
Locations Inflation Effects.
Fam Hsg Con, Army Unspecified Worldwide Inflation & Market 0 4,819
Locations Adjustment Fund.
........................
Subtotal Family Housing Construction, Army 169,339 451,270
......................
FAMILY HOUSING O&M, ARMY
Worldwide Unspecified
Fam Hsg O&M, Army Unspecified Worldwide Furnishings.............. 22,911 22,911
Locations
Fam Hsg O&M, Army Unspecified Worldwide Housing Privatization 65,740 65,740
Locations Support.
Fam Hsg O&M, Army Unspecified Worldwide Leasing.................. 127,499 127,499
Locations
Fam Hsg O&M, Army Unspecified Worldwide Maintenance.............. 117,555 117,555
Locations
Fam Hsg O&M, Army Unspecified Worldwide Management............... 45,718 45,718
Locations
Fam Hsg O&M, Army Unspecified Worldwide Miscellaneous............ 559 559
Locations
Fam Hsg O&M, Army Unspecified Worldwide Services................. 9,580 9,580
Locations
Fam Hsg O&M, Army Unspecified Worldwide Utilities................ 46,849 46,849
Locations
[[Page S6260]]
Fam Hsg O&M, Army Unspecified Worldwide Inflation & Market 0 12,103
Locations Adjustment Fund.
........................
Subtotal Family Housing Operation And Maintenance, Army 436,411 448,514
......................
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
District of Columbia
Fam Hsg Con, Navy & Marine United States Marine Design................... 7,043 7,043
Corps Corps Headquarters
Fam Hsg Con, Navy & Marine United States Marine Improvements............. 74,540 74,540
Corps Corps Headquarters
Guam
Fam Hsg Con, Navy & Marine Naval Support Activity Replace Andersen Housing 86,390 86,390
Corps Andersen PH IV.
Fam Hsg Con, Navy & Marine Naval Support Activity Replace Andersen Housing 93,259 93,259
Corps Andersen PH V.
Fam Hsg Con, Navy & Marine Naval Support Activity Replace Andersen Housing 68,985 68,985
Corps Andersen PH VI.
Worldwide Unspecified
Fam Hsg Con, Navy & Marine Unspecified Worldwide USMC DPRI/Guam Planning & 7,080 7,080
Corps Locations Design.
Fam Hsg Con, Navy & Marine Unspecified Worldwide Cost to Complete: FY22 0 240
Corps Locations Inflation Effects.
Fam Hsg Con, Navy & Marine Unspecified Worldwide Inflation & Market 0 9,597
Corps Locations Adjustment Fund.
........................
Subtotal Family Housing Construction, Navy & Marine Corps 337,297 347,134
......................
FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified
Fam Hsg O&M, Navy & Marine Unspecified Worldwide Furnishings.............. 16,182 16,182
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide Housing Privatization 61,605 61,605
Corps Locations Support.
Fam Hsg O&M, Navy & Marine Unspecified Worldwide Leasing.................. 66,333 66,333
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide Maintenance.............. 105,470 105,470
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide Management............... 59,312 59,312
Corps Locations
[[Page S6261]]
Fam Hsg O&M, Navy & Marine Unspecified Worldwide Miscellaneous............ 411 411
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide Services................. 16,494 16,494
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide Utilities................ 42,417 42,417
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide Inflation & Market 0 8,664
Corps Locations Adjustment Fund.
........................
Subtotal Family Housing Operation & Maintenance, Navy & Marine Corps 368,224 376,888
......................
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Delaware
Fam Hsg Con, Air Force Dover Air Force Base MHPI Restructure......... 25,492 25,492
Florida
Fam Hsg Con, Air Force Tyndall Air Force Base AETC Restructuring....... 150,685 150,685
Illinois
Fam Hsg Con, Air Force Scott Air Force Base MHPI Restructure......... 52,003 52,003
Japan
Fam Hsg Con, Air Force Kadena Air Base Family Housing North 0 3,800
Terrance Improvement,
Phase 2 (4 Units).
Maryland
Fam Hsg Con, Air Force Andrews Air Force Base MHPI Equity Contribution 1,878 1,878
CMSSF House.
Worldwide Unspecified
Fam Hsg Con, Air Force Unspecified Worldwide Planning & Design........ 2,730 17,730
Locations
Fam Hsg Con, Air Force Unspecified Worldwide Inflation & Market 0 6,444
Locations Adjustment Fund.
........................
Subtotal Family Housing Construction, Air Force 232,788 258,032
......................
FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified
Fam Hsg O&M, Air Force Unspecified Worldwide Furnishings.............. 27,379 27,379
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide Housing Privatization.... 33,517 33,517
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide Leasing.................. 7,882 7,882
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide Maintenance.............. 150,375 150,375
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide Management............... 77,042 77,042
Locations
[[Page S6262]]
Fam Hsg O&M, Air Force Unspecified Worldwide Miscellaneous............ 2,240 2,240
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide Services................. 10,570 10,570
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide Utilities................ 46,217 46,217
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide Inflation & Market 0 8,306
Locations Adjustment Fund.
........................
Subtotal Family Housing Operation And Maintenance, Air Force 355,222 363,528
......................
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified
Fam Hsg O&M, Defense-Wide Unspecified Worldwide Furnishings (DIA)........ 656 656
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide Furnishings (NSA)........ 87 87
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide Leasing (DIA)............ 31,849 31,849
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide Leasing (NSA)............ 13,306 13,306
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide Maintenance (NSA)........ 34 34
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide Utilities (DIA).......... 4,166 4,166
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide Utilities (NSA).......... 15 15
Locations
........................
Subtotal Family Housing Operation And Maintenance, Defense-Wide 50,113 50,113
......................
FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified
Family Housing Improvement Unspecified Worldwide Administrative Expenses-- 6,442 6,442
Fund Locations FHIF.
Family Housing Improvement Unspecified Worldwide Inflation & Market 0 184
Fund Locations Adjustment Fund.
........................
Subtotal Family Housing Improvement Fund 6,442 6,626
......................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified
Unaccompanied Housing Unspecified Worldwide Administrative Expenses-- 494 494
Improvement Fund Locations UHIF.
........................
Subtotal Unaccompanied Housing Improvement Fund 494 494
......................
TOTAL FAMILY HOUSING 1,956,330 2,302,599
DEFENSE BASE REALIGNMENT
AND CLOSURE
[[Page S6263]]
BASE REALIGNMENT AND
CLOSURE, ARMY
Worldwide Unspecified
BRAC, Army Unspecified Worldwide Base Realignment and 67,706 67,706
Locations Closure.
BRAC, Army Unspecified Worldwide Inflation & Market 0 1,927
Locations Adjustment Fund.
........................
Subtotal Base Realignment and Closure--Army 67,706 69,633
......................
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified
BRAC, Navy Unspecified Worldwide Base Realignment and 106,664 106,664
Locations Closure.
BRAC, Navy Unspecified Worldwide Inflation & Market 0 2,767
Locations Adjustment Fund.
........................
Subtotal Base Realignment and Closure--Navy 106,664 109,431
......................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified
BRAC, Air Force Unspecified Worldwide Base Realignment and 107,311 107,311
Locations Closure.
BRAC, Air Force Unspecified Worldwide Inflation & Market 0 3,053
Locations Adjustment Fund.
........................
Subtotal Base Realignment and Closure--Air Force 107,311 110,364
......................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified
BRAC, Defense-Wide Unspecified Worldwide Int-4: DLA Activities.... 3,006 3,006
Locations
BRAC, Defense-Wide Unspecified Worldwide Inflation & Market 0 85
Locations Adjustment Fund.
........................
Subtotal Base Realignment and Closure--Defense-Wide 3,006 3,091
......................
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 284,687 292,519
......................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 12,120,965 17,326,668
----------------------------------------------------------------------------------------------------------------
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
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy Programs
Nuclear Energy...................... 156,600 156,600
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons Activities................ 16,486,298 17,090,298
Defense Nuclear Nonproliferation.. 2,346,257 2,331,257
Naval Reactors.................... 2,081,445 2,081,445
Federal Salaries and Expenses..... 496,400 496,400
Total, National Nuclear Security 21,410,400 21,999,400
Administration.........................
Defense Environmental Cleanup....... 6,914,532 6,538,532
Other Defense Activities............ 978,351 978,351
Total, Atomic Energy Defense Activities. 29,303,283 29,516,283
[[Page S6264]]
Total, Discretionary Funding............ 29,459,883 29,672,883
Nuclear Energy
Safeguards and security................. 156,600 156,600
Total, Nuclear Energy................... 156,600 156,600
Weapons Activities
Stockpile major modernization
B61 Life extension program.......... 672,019 672,019
W88 Alteration program.............. 162,057 162,057
W80-4 Life extension program........ 1,122,451 1,122,451
W80-4 ALT SLCM...................... 0 20,000
Program increase................ (20,000)
W87-1 Modification Program.......... 680,127 680,127
W93................................. 240,509 240,509
Subtotal, Stockpile major modernization. 2,877,163 2,897,163
Stockpile sustainment..................... 1,321,139 1,321,139
Weapons dismantlement and disposition..... 50,966 50,966
Production operations..................... 630,894 630,894
Nuclear enterprise assurance.............. 48,911 48,911
Total, Stockpile management............. 4,929,073 4,949,073
Production Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 767,412 767,412
21-D-512, Plutonium Pit 588,234 588,234
Production Project, LANL.......
15-D-302, TA-55 Reinvestments 30,002 30,002
Project, Phase 3, LANL.........
07-D-220-04, Transuranic Liquid 24,759 24,759
Waste Facility, LANL...........
04-D-125, Chemistry and 162,012 162,012
Metallurgy Research Replacement
Project, LANL..................
Subtotal, Los Alamos Plutonium 1,572,419 1,572,419
Modernization..........................
Savannah River Plutonium Modernization
Savannah River Plutonium 58,300 58,300
Operations.....................
21-D-511, Savannah River 700,000 1,200,000
Plutonium Processing Facility,
SRS............................
Program increase--glovebox (200,000)
long lead procurement......
Program increase--long lead (100,000)
items......................
Program increase--demolition (165,000)
of MOX buildling...........
Program increase--site prep. (35,000)
Subtotal, Savannah River Plutonium 758,300 1,258,300
Modernization..........................
Enterprise Plutonium Support.......... 88,993 88,993
Total, Plutonium Modernization.......... 2,419,712 2,919,712
High Explosives & Energetics
High Explosives & Energetics.... 101,380 101,380
23-D-516, Energetic Materials 19,000 19,000
Characterization Facility, LANL
21-D-510, HE Synthesis, 108,000 108,000
Formulation, and Production, PX
15-D-301, HE Science & 20,000 20,000
Engineering Facility, PX.......
Subtotal, High Explosives & Energetics.. 248,380 248,380
Total, Primary Capability Modernization. 2,668,092 3,168,092
Secondary Capability Modernization
Secondary Capability Modernization...... 536,363 544,363
Program increase--calciner.......... (8,000)
18-D-690, Lithium Processing Facility, Y- 216,886 216,886
12.....................................
06-D-141, Uranium Processing Facility, Y- 362,000 362,000
12.....................................
Total, Secondary Capability 1,115,249 1,123,249
Modernization..........................
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment. 506,649 506,649
18-D-650, Tritium Finishing Facility, 73,300 73,300
SRS....................................
Total, Tritium and Domestic Uranium 579,949 579,949
Enrichment.............................
Non-Nuclear Capability Modernization...... 123,084 123,084
Capability Based Investments.............. 154,220 154,220
Total, Production Modernization......... 4,640,594 5,148,594
Stockpile research, technology, and
engineering
Assessment Science
Assessment Science.................. 801,668 801,668
14-D-640, U1a Complex Enhancements 53,130 53,130
Project, NNSS......................
Total, Assessment Science............... 854,798 854,798
Engineering and integrated assessments 366,455 366,455
Inertial confinement fusion........... 544,095 584,095
Program increase.................... (40,000)
Advanced simulation and computing..... 742,646 752,646
Program increase.................... (10,000)
Weapon technology and manufacturing 286,165 286,165
maturation...........................
[[Page S6265]]
Academic programs..................... 100,499 100,499
Total, Stockpile research, technology, 2,894,658 2,944,658
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,038,000 1,046,000
Program increase................ (8,000)
Safety and Environmental Operations. 162,000 162,000
Maintenance and Repair of Facilities 680,000 690,000
Program increase................ (10,000)
Recapitalization
Infrastructure and Safety......... 561,663 561,663
Subtotal, Recapitalization.............. 561,663 561,663
Total, Operating........................ 2,441,663 2,459,663
Mission enabling construction
22-D-514 Digital Infrastructure 67,300 67,300
Capability Expansion...............
22-D-517 Electrical Power Capacity 24,000 24,000
Upgrade, LANL......................
22-D-518 Plutonium Modernization Ops 48,500 48,500
& Waste Mngmt Office Bldg, LANL....
23-D-519, Special Material Facility, 49,500 49,500
Y-12...............................
Total, Mission enabling construction.... 189,300 189,300
Total, Infrastructure and operations.... 2,630,963 2,648,963
Secure transportation asset
Operations and equipment.............. 214,367 214,367
Program direction..................... 130,070 130,070
Total, Secure transportation asset...... 344,437 344,437
Defense nuclear security
Operations and maintenance............ 878,363 878,363
Construction:
17-D-710, West end protected area 3,928 11,928
reduction project, Y-12............
Program increase................ (8,000)
Subtotal, Construction.................. 3,928 11,928
Total, Defense nuclear security......... 882,291 890,291
Information technology and cybersecurity.. 445,654 445,654
Legacy contractor pensions................ 114,632 114,632
Total, Weapons Activities............... 16,882,302 17,486,302
Adjustments
Use of prior year balances............ -396,004 -396,004
Total, Adjustments...................... -396,004 -396,004
Total, Weapons Activities............... 16,486,298 17,090,298
Defense Nuclear Nonproliferation
Material management and minimization
Conversion (formerly HEU Reactor 153,260 153,260
Conversion)..........................
Nuclear material removal.............. 41,600 41,600
Material disposition.................. 256,025 256,025
Total, Material management & 450,885 450,885
minimization...........................
Global material security
International nuclear security........ 81,155 81,155
Radiological security................. 244,827 244,827
Nuclear smuggling detection and 178,095 178,095
deterrence...........................
Total, Global material security......... 504,077 504,077
Nonproliferation and arms control....... 207,656 207,656
Defense nuclear nonproliferation R&D
Proliferation detection............... 287,283 287,283
Nonproliferation stewardship program.. 109,343 109,343
Nuclear detonation detection.......... 279,205 279,205
Forensics R&D......................... 44,414 44,414
Total, Defense Nuclear Nonproliferation 720,245 720,245
R&D....................................
Nonproliferation construction
18-D-150 Surplus Plutonium Disposition 71,764 71,764
Project, SRS.........................
Total, Nonproliferation construction.... 71,764 71,764
NNSA Bioassurance Program............... 20,000 5,000
Program reduction..................... (-15,000)
Legacy contractor pensions.............. 55,708 55,708
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 29,896 29,896
Counterterrorism and 409,074 409,074
Counterproliferation.................
Total, Nuclear counterterrorism and 438,970 438,970
incident response program..............
Subtotal, Defense Nuclear 2,469,305 2,454,305
Nonproliferation.......................
[[Page S6266]]
Adjustments
Use of prior year balances............ -123,048 -123,048
Total, Adjustments...................... -123,048 -123,048
Total, Defense Nuclear Nonproliferation. 2,346,257 2,331,257
Naval Reactors
Naval reactors development.............. 798,590 798,590
Columbia-Class reactor systems 53,900 53,900
development............................
S8G Prototype refueling................. 20,000 20,000
Naval reactors operations and 695,165 695,165
infrastructure.........................
Program direction....................... 58,525 58,525
Construction:
22-D-533 BL Component Test Complex.... 57,420 57,420
14-D-901, Spent Fuel Handling 397,845 397,845
Recapitalization Project, NRF........
Total, Construction..................... 455,265 455,265
Total, Naval Reactors................... 2,081,445 2,081,445
Federal Salaries and Expenses
Program direction....................... 513,200 513,200
Use of prior year balances.............. -16,800 -16,800
Total, Federal Salaries and Expenses.... 496,400 496,400
TOTAL, National Nuclear Security 21,510,796 21,999,400
Administration.........................
Defense Environmental Cleanup
Closure sites administration.......... 4,067 4,067
Richland
River corridor and other cleanup 135,000 135,000
operations...........................
Central plateau remediation........... 650,240 650,240
Richland community and regulatory 10,013 10,013
support..............................
18-D-404 Modification of Waste 3,100 3,100
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 3,100 3,100
22-D-402 L-897, 200 Area Water 8,900 8,900
Treatment Facility...................
23-D-404 181D Export Water System 6,770 6,770
Reconfiguration and Upgrade..........
23-D-405 181B Export Water System 480 480
Reconfiguration and Upgrade..........
Total, Richland......................... 817,603 817,603
Office of River Protection:
Waste Treatment Immobilization Plant 462,700 462,700
Commissioning........................
Rad liquid tank waste stabilization 801,100 811,100
and disposition......................
Program increase.................. (10,000)
Construction
23-D-403 Hanford 200 West Area 4,408 4,408
Tank Farms Risk Management
Project..........................
01-D-16D, High-level waste 316,200 316,200
facility.........................
01-D-16E, Pretreatment Facility... 20,000 20,000
Subtotal, Construction.................. 340,608 340,608
Total, Office of River Protection....... 1,604,408 1,614,408
Idaho National Laboratory:
Idaho cleanup and waste disposition... 350,658 350,658
Idaho community and regulatory support 2,705 2,705
Construction
22-D-403 Idaho Spent Nuclear Fuel 8,000 8,000
Staging Facility.................
22-D-404 Addl ICDF Landfill 8,000 8,000
Disposal Cell and Evaporation
Ponds Project....................
22-D-402 Calcine Construction..... 10,000 10,000
Subtotal, Construction.................. 26,000 26,000
Total, Idaho National Laboratory........ 379,363 379,363
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,842 1,842
LLNL Excess Facilities D&D............ 12,004 22,004
Program increase.................. (10,000)
Separations Processing Research Unit.. 15,300 15,300
Nevada Test Site...................... 62,652 62,652
Sandia National Laboratory............ 4,003 4,003
Los Alamos National Laboratory........ 286,316 286,316
Los Alamos Excess Facilities D&D...... 40,519 40,519
Total, NNSA sites and Nevada off-sites.. 422,636 432,636
Oak Ridge Reservation:
OR Nuclear Facility D&D............... 334,221 339,221
[[Page S6267]]
Program increase.................. (5,000)
U233 Disposition Program.............. 47,628 47,628
OR cleanup and waste disposition...... 62,000 62,000
Construction
17-D-401 On-site waste disposal 35,000 35,000
facility.........................
Subtotal, Construction.................. 35,000 35,000
OR community & regulatory support..... 5,300 5,300
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 487,149 492,149
Savannah River Site:
Savannah River risk management 416,317 416,317
operations...........................
Savannah River legacy pensions........ 132,294 132,294
Savannah River community and 12,137 12,137
regulatory support...................
Savannah River National Laboratory O&M 41,000 41,000
Construction:
20-D-401 Saltstone Disposal Unit 37,668 37,668
#10, 11, 12......................
19-D-701 SR Security systems 5,000 5,000
replacement......................
18-D-402 Saltstone Disposal Unit 49,832 49,832
#8, 9............................
8-D-402 Emergency Operations 25,568 25,568
Center Replacement, SR...........
Subtotal, Construction.................. 118,068 118,068
Radioactive liquid tank waste 851,660 861,660
stabilization........................
Program increase.................. (10,000)
Total, Savannah River Site.............. 1,571,476 1,581,476
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 371,943 371,943
Construction:
15-D-411 Safety significant 59,073 59,073
confinement ventilation system,
WIPP.............................
15-D-412 Exhaust shaft, WIPP...... 25,000 25,000
Program increase.................. 6,000
Total, Construction..................... 84,073 84,073
Total, Waste Isolation Pilot Plant...... 456,016 456,016
Program direction--Defense Environmental 317,002 317,002
Cleanup................................
Program support--Defense Environmental 103,239 103,239
Cleanup................................
Safeguards and Security--Defense 309,573 309,573
Environmental Cleanup..................
Technology development and deployment... 25,000 25,000
Federal contribution to the Uranium 417,000 0
Enrichment D&D Fund....................
Program reduction..................... (-417,000)
Subtotal, Defense Environmental Cleanup. 6,914,532 6,532,532
TOTAL, Defense Environmental Cleanup.... 6,914,532 6,532,532
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 138,854 138,854
security mission support.............
Program direction..................... 76,685 76,685
Total, Environment, health, safety and 215,539 215,539
security...............................
Office of Enterprise Assessments
Enterprise assessments................ 27,486 27,486
Program direction..................... 57,941 57,941
Total, Office of Enterprise Assessments. 85,427 85,427
Specialized security activities......... 306,067 306,067
Legacy Management
Legacy Management Activities--Defense. 174,163 174,163
Program Direction..................... 21,983 21,983
Total, Legacy Management................ 196,146 196,146
Defense-related administrative support.. 170,695 170,695
Office of hearings and appeals.......... 4,477 4,477
Subtotal, Other defense activities...... 978,351 978,351
Total, Other Defense Activities......... 978,351 978,351
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[[Page S6268]]
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
SEC. 5101. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.
(a) Contract Authority.--
(1) Procurement authorized.--The Secretary of the Navy may
enter into one or more contracts for the procurement of up to
five covered ships.
(2) Procurement in conjunction with existing contracts.--
The ships authorized to be procured under paragraph (1) may
be procured as additions to existing contracts covering such
programs.
(b) Certification Required.--A contract may not be entered
into under subsection (a) unless the Secretary of the Navy
certifies to the congressional defense committees, in
writing, not later than 30 days before entry into the
contract, each of the following, which shall be prepared by
the milestone decision authority for such programs:
(1) The use of such a contract is consistent with the
Commandant of the Marine Corp`s projected force structure
requirements for amphibious ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by hull, without the authority provided in subsection
(a);
(B) the estimated end cost and appropriated funds by fiscal
year, by hull, with the authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year,
by hull, with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to
avoid contract cancellation.
(4) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(c) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts for advance
procurement associated with a vessel or vessels for which
authorization to enter into a contract is provided under
subsection (a), and for systems and subsystems associated
with such vessels in economic order quantities when cost
savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year is subject to the availability of
appropriations for that purpose for such fiscal year.
(e) Definitions.--In this section--
(1) the term ``covered ship`` means a San Antonio-class or
America-class ship; and
(2) the term ``milestone decision authority`` has the
meaning given the term in section 2366a(d) of title 10,
United States Code.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 5201. REPORT ON DEFENSE ADVANCED MANUFACTURING
CAPABILITIES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall submit to Congress a report on identifying,
evaluating, and manufacturing the fundamental materials and
processes related to future Air Force assets operating at
very high velocities in extreme environmental conditions.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(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 environments, including
operating environments of temperatures exceeding 3000 degrees
Fahrenheit, high aerodynamic forces, and significant
variations in atmospheric conditions.
(2) An assessment of how the Air Force is prioritizing
early state research, development, and demonstration in
materials and manufacturing for extreme environments, to
include development of new processes for increasing
performance, 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, or increase, a secure, classified industrial
research and manufacturing base that prevents the loss of
intellectual property theft to foreign entities.
(4) An assessment of the effect of the continuation of
current research and development collaborations between the
Air Force research laboratories and the National Laboratories
of the Department of Energy in order to achieve these
results.
(5) The feasibility of the Air Force leveraging the
Manufacturing Demonstration Facility of the Department of
Energy and the National Laboratories of the Department in
order to achieve these results.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form and include a classified
annex.
TITLE LIII--OPERATION AND MAINTENANCE
SEC. 5301. REPORT ON WEAPONS GENERATION FACILITIES OF THE AIR
FORCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
construction by the Air Force of weapons generation
facilities.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) For installations of the Air Force that do not have a
weapons storage area--
(A) 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; and
(B) the expected date on which the Air Force expects to
begin to store weapons at each such facility.
(2) For installations assigned to Air Force Global Strike
Command that have a weapons storage area--
(A) 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;
(B) a description of the weapons currently stored in each
weapons storage area;
(C) the expected date on which the Air Force expects to
store weapons other than those described in subparagraph (B)
at--
(i) an existing weapons storage area; or
(ii) a weapons generation facility that replaces an
existing weapons storage area; and
(D) a mitigation plan to ensure that a weapons storage area
can support the safe and secure storage of weapons other than
those described in subparagraph (B) if required to do so
prior to the construction of a weapons generation facility.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 5302. REPORT ON FORMER INDIAN BOARDING SCHOOLS OR
INSTITUTIONS UNDER THE JURISDICTION OR CONTROL
OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report
that provides--
(1) an accounting of all schools or institutions described
in subsection (b) that--
(A) were located on land that was under the jurisdiction or
control of the Department of Defense at the time of the
operation of the school or institution; or
(B) were located on land that is under the jurisdiction or
control of the Department as of the date of the enactment of
this Act; and
(2) a description of the role of the Department of Defense
in hosting and administering schools or institutions
described in subsection (b) and the actions taken by the
Department in connection with those schools or institutions,
including--
(A) complete accountings, engagements, and actions;
(B) the identification of marked and unmarked burial
grounds; and
(C) the repatriation of remains of Native students who died
while attending a school or institution described in
subsection (b); and
(3) the findings and recommendations of the Secretary with
respect to the matters addressed under paragraphs (1) and
(2).
(b) Schools or Institutions Described.--The schools or
institutions described in this subsection are schools or
institutions that housed or administered Federal programs to
assimilate American Indian, Alaska Native, or Native Hawaiian
children that--
(1) provided on-site housing or overnight lodging;
(2) were described in records as providing formal academic
or vocational training and instruction;
(3) were described in records as receiving Federal
Government funds or other support; and
(4) were operational before 1969.
(c) Consultation and Engagement.--In carrying out this
section, the Secretary of Defense shall consult and engage
with Indian Tribes and Native Hawaiian organizations.
(d) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
brief the appropriate committees of Congress on the report
required under subsection (a)
(e) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress`` means--
(1) The Committee on Armed Services and the Committee on
Indian Affairs of the Senate; and
(2) The Committee on Armed Services and the Subcommittee
for Indigenous Peoples of the United States of the Committee
on Natural Resources of the House of Representatives.
[[Page S6269]]
TITLE LV--MILITARY PERSONNEL POLICY
SEC. 5501. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS OF
MANDATORY RETIREMENT FOR SUPERINTENDENTS OF
MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7321(b) of
title 10, United States Code, is amended by adding at the end
the following: ``In the event a waiver under this subsection
is granted, the subsequent nomination and appointment of such
officer having served as Superintendent of the Academy to a
further assignment in lieu of retirement shall be subject to
the advice and consent of the Senate.``.
(b) United States Naval Academy.--Section 8371(b) of title
10, United States Code, is amended by adding at the end the
following: ``In the event a waiver under this subsection is
granted, the subsequent nomination and appointment of such
officer having served as Superintendent of the Academy to a
further assignment in lieu of retirement shall be subject to
the advice and consent of the Senate.``.
(c) United States Air Force Academy.--Section 9321(b) of
title 10, United States Code, is amended by adding at the end
the following: ``In the event a waiver under this subsection
is granted, the subsequent nomination and appointment of such
officer having served as Superintendent of the Academy to a
further assignment in lieu of retirement shall be subject to
the advice and consent of the Senate.``.
SEC. 5502. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR
MEMBERS OF THE ARMED FORCES OVERSEAS.
(a) Study Required.--The Director of the Federal Voting
Assistance Program of the Department of Defense shall conduct
a study on means of improving access to voting for members of
the Armed Forces overseas.
(b) Report.--Not later than September 30, 2024, the
Director shall submit to Congress a report on the results of
the study conducted under subsection (a). The report shall
include the following:
(1) The results of a survey, undertaken for purposes of the
study, of Voting Assistance Officers and members of the Armed
Forces overseas on means of improving access to voting for
such members, including through the establishment of unit-
level assistance mechanisms or permanent voting assistance
offices.
(2) An estimate of the costs and requirements in connection
with an expansion of the number of Voting Assistance Officers
in order to fully meet the needs of members of the Armed
Forces overseas for access to voting.
(3) A description and assessment of various actions to be
undertaken under the Federal Voting Assistance Program in
order to increase the capabilities of the Voting Assistance
Officer program.
SEC. 5503. RECOGNITION OF MILITARY OLYMPIC COMPETITION.
(a) Wear of Olympic Medals.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall direct each military department to review its
respective uniform and insignia policies and, where
applicable, add references to Olympic and Paralympic medals.
(b) Report on the Establishment of Ribbon.--Not later than
one year after the date of the enactment of this Act, the
Secretary of Defense shall 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 ribbon considered by such report shall--
(1) be called the ``Olympic Competition Ribbon``;
(2) incorporate the colors of the Olympic rings;
(3) not have an accompanying medal;
(4) have authorized appurtenances to be affixed to the
ribbon to signify any Olympic or Paralympic medal won while
competing for Team USA;
(5) be assigned a position in the order of award precedence
as determined by each military department; and
(6) be awarded retroactively to any eligible member of the
Armed Forces.
TITLE LVI--MILITARY COMPENSATION
SEC. 5601. REIMBURSEMENT FOR TRANSPORTATION OF PETS FOR
MEMBERS MAKING A PERMANENT CHANGE OF STATION.
Section 453 of title 37, United States Code, is amended by
adding at the end the following new subsection:
``(h) Reimbursement for Transportation of Pets for Members
Making a Permanent Change of Station.--
``(1) Pet quarantine fees.--The Secretary concerned may
reimburse a member of a uniformed service who is ordered to
make a permanent change of station for mandatory pet
quarantine fees for household pets, but not to exceed $550
per change of station, when the member incurs the fees
incident to such change of station.
``(2) Transportation to or from duty station abroad.--The
Secretary concerned may reimburse a member of a uniformed
service who is ordered to make a permanent change of station
between a duty station in the United States and a duty
station in a foreign country for transportation of household
pets in an amount not to exceed $4,000 per change of
station.``.
SEC. 5602. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report--
(1) reviewing the adequacy of the amounts of dislocation
and relocation allowances paid under section 452 of title 37,
United States Code, to members of the uniformed services in
connection with changes in such members` temporary or
permanent duty assignment locations, taking into
consideration the rising costs of moving, challenges in the
housing market, and other expenses incurred by such members;
(2) assessing the effects of delays in the issuance of
orders relating to changes to temporary or permanent duty
assignment locations on the timing of dislocation and
relocation allowances paid to members of the uniformed
services;
(3) assessing the feasibility and advisability of paying
dislocation or relocation allowances to members of the
uniformed services who are permanently assigned from one unit
to another with no change of permanent duty station when the
units are within the same metropolitan area; and
(4) making recommendations with respect to the matters
described in paragraphs (1), (2), and (3).
TITLE LVII--HEALTH CARE PROVISIONS
SEC. 5701. ESTABLISHMENT OF CORE CASUALTY RECEIVING
FACILITIES TO IMPROVE MEDICAL FORCE GENERATION
AND READINESS.
(a) In General.--Pursuant to the requirements of this
section, the Secretary of Defense shall establish certain
military medical treatment facilities as Core Casualty
Receiving Facilities to maintain the medical capability and
capacity required to diagnose, treat, and rehabilitate large
volume combat casualties and to provide a medical response to
natural disasters, mass casualty events, or other national
emergencies as may be directed by the President or the
Secretary.
(b) Location of Facilities.--The Secretary shall ensure
that facilities established under subsection (a) are
geographically located to facilitate aeromedical evacuation
of casualties from military operational theaters.
(c) Timeline for Establishment.--
(1) Designation.--Not later than October 1, 2024, the
Secretary shall designate four military medical treatment
facilities as Core Casualty Receiving Facilities to be
established under subsection (a).
(2) Operational.--Not later than October 1, 2025, the
Secretary shall ensure that the facilities designated under
paragraph (1) are fully staffed and operational.
(d) Personnel Assignment.--
(1) In general.--The Secretary of Defense shall ensure that
the Secretaries of the military departments assign military
personnel to Core Casualty Receiving Facilities established
under subsection (a) at not less than 90 percent of the
staffing level needed to maintain operating bed capacities to
support operation planning requirements.
(2) Use of civilian personnel.--The Secretary of Defense
may augment the staffing of military personnel at Core
Casualty Receiving Facilities established under subsection
(a) with civilian personnel to achieve the staffing
requirement under paragraph (1).
(3) Executive staffing.--The Secretary shall staff each
Core Casualty Receiving Facility established under subsection
(a) with a civilian Chief Financial Officer and a civilian
Chief Operations Officer with experience in the management of
civilian hospital systems to ensure continuity in management
of the facility.
(e) Funding.--The Secretary shall include with the
submission to Congress by the President of the annual budget
of the Department of Defense for a fiscal year under section
1105(a) of title 31, United States Code, a line item budget
request for each Core Casualty Receiving Facility established
under subsection (a) that includes the funding requirements
for the operation and maintenance of each such facility.
(f) Definitions.--In this section:
(1) Core casualty receiving facilities.--The term ``Core
Casualty Receiving Facilities`` means Role 4 medical
treatment facilities that serve as the medical hubs for
receipt of casualties that may result from combat, natural
disasters, mass casualty events, or other national
emergencies.
(2) Role 4 medical treatment facilities.--The term ``Role 4
medical treatment facilities`` means facilities that provide
the full range of preventative, curative, acute,
convalescent, restorative, and rehabilitative care.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 5811. INCLUSION IN BUDGET JUSTIFICATION MATERIALS OF
ENHANCED REPORTING ON PROPOSED CANCELLATIONS
AND MODIFICATIONS TO MULTIYEAR CONTRACTS.
Section 239c(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) though (4) as
paragraphs (2) through (5), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) A detailed explanation of the rationale for such
cancellation or covered modification.``.
SEC. 5812. MODIFICATION OF CONTRACTS AND OPTIONS TO PROVIDE
ECONOMIC PRICE ADJUSTMENTS.
(a) Authority.--Amounts authorized to be appropriated by
this Act may, to the extent
[[Page S6270]]
and in such amounts as specifically provided in advance in
appropriations Acts for the purposes detailed in this
section, be used to modify the terms and conditions of a
contract or option, without consideration, to provide an
economic price adjustment consistent with sections 16.203-1
and 16.203-2 of the Federal Acquisition Regulation during the
relevant period of performance for that contract or option
and as specified in section 16.203-3 of the Federal
Acquisition Regulation.
(b) Guidance.--Not later than 30 days after the date of the
enactment of an Act providing appropriations pursuant to this
section, the Under Secretary of Defense for Acquisition and
Sustainment shall issue guidance implementing the authority
under this section.
Subtitle E--Other Matters
SEC. 5871. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS AND
SERVICES.
(a) In General.--Section 889 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 41 U.S.C. 3901 note prec.) is amended--
(1) in the section heading, by inserting ``and
semiconductor products and services`` after ``services or
equipment``;
(2) in subsection (a)(1), by inserting ``, or covered
semiconductor products or services,`` after ``equipment or
services`` both places it appears;
(3) in subsection (d), by adding at the end the following
new paragraph:
``(3) Secretary of defense.--The Secretary of Defense may
provide a waiver on a date later than the effective dates
described in subsection (c) if the Secretary determines the
waiver is in the national security interests of the United
States.``; and
(4) in subsection (f)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) Covered semiconductor product or services.--The term
`covered semiconductor product or services` means any of the
following:
``(A) A product that incorporates a semiconductor product
designed or produced by, or any service provided by,
Semiconductor Manufacturing International Corporation (SMIC),
ChangXin Memory Technologies (CXMT), or Yangtze Memory
Technologies Corp. (YMTC) (or any subsidiary, affiliate, or
successor of such entities).
``(B) Semiconductor products or services produced or
provided by an entity that the Secretary of Defense, in
consultation with the Director of the National Intelligence
or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the government of a covered
foreign country.``.
(b) Effective Date and Applicability.--The amendments made
by subsection (a) shall take effect three years after the
date of the enactment of this Act.
(c) Office of Management and Budget Report and Briefing.--
Not later than 270 days after the effective date described in
subsection (b)(2), the Director of the Office of Management
and Budget, in coordination with the Director of National
Intelligence and the National Cyber Director, shall provide
to the Majority Leader and Minority Leader of the Senate, the
Speaker of the House of Representatives, the Minority leader
of the House of Representatives, and the appropriate
congressional committees (as defined in section 889(f) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 41 U.S.C. 3901 note prec.)) a
report and briefing on--
(1) the implementation of the amendments made by subsection
(a), including any challenges in the implementation; and
(2) the effectiveness and utility of the waiver authority
under subsection (d) of such section 889.
Subtitle F--American Security Drone Act of 2022
SEC. 5881. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone
Act of 2022``.
SEC. 5882. DEFINITIONS.
In this subtitle:
(1) Covered foreign entity.--The term ``covered foreign
entity`` means an entity included on a list developed and
maintained by the Federal Acquisition Security Council. This
list will include entities in the following categories:
(A) An entity included on the Consolidated Screening List.
(B) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Homeland Security.
(C) Any entity the Secretary of Homeland Security, in
coordination with the Attorney General, Director of National
Intelligence, and the Secretary of Defense, determines poses
a national security risk.
(D) Any entity domiciled in the People`s Republic of China
or subject to influence or control by the Government of the
People`s Republic of China or the Communist Party of the
People`s Republic of China, as determined by the Secretary of
Homeland Security.
(E) Any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system`` has the meaning given the term
``unmanned aircraft system`` in section 44801 of title 49,
United States Code.
(3) Intelligence; intelligence community.--The terms
``intelligence`` and ``intelligence community`` have the
meanings given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 5883. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b)
through (f), the head of an executive agency may not procure
any covered unmanned aircraft system that is manufactured or
assembled by a covered foreign entity, which includes
associated elements (consisting of communication links and
the components that control the unmanned aircraft) that
enable the operator to operate the aircraft in the National
Airspace System. The Federal Acquisition Security Council, in
coordination with the Secretary of Transportation, shall
develop and update a list of associated elements.
(b) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, the Director of National Intelligence,
and the Attorney General are exempt from the restriction
under subsection (a) if the procurement is required in the
national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft
system technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of an unmanned aircraft system or counter-unmanned aircraft
system technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is
exempt from the restriction under subsection (a) if the
operation or procurement is deemed to support the safe,
secure, or efficient operation of the National Airspace
System or maintenance of public safety, including activities
carried out under the Federal Aviation Administration`s
Alliance for System Safety of UAS through Research Excellence
(ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of
the National Airspace System or maintenance of public safety,
as determined by the Secretary or the Secretary`s designee.
(d) National Transportation Safety Board Exemption.--The
National Transportation Safety Board, in consultation with
the Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the sole purpose of conducting
safety investigations.
(e) National Oceanic and Atmospheric Administration
Exemption.--The Administrator of the National Oceanic and
Atmospheric Administration (NOAA), in consultation with the
Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA`s science or
management objectives.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and Government
Affairs of the Senate;
(B) the Committee on Oversight and Reform in the House of
Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
SEC. 5884. PROHIBITION ON OPERATION OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date that is two years
after the date of the enactment of this Act, no Federal
department or agency may operate a covered unmanned aircraft
system manufactured or assembled by a covered foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered unmanned aircraft
systems that are being used by any executive agency through
the method of contracting for the services of covered
unmanned aircraft systems.
(b) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, the Director of National Intelligence,
and the Attorney General are exempt from the restriction
under subsection (a) if the procurement is required in the
national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft
system technology;
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(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of an unmanned aircraft system or counter-unmanned aircraft
system technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is
exempt from the restriction under subsection (a) if the
operation or procurement is deemed to support the safe,
secure, or efficient operation of the National Airspace
System or maintenance of public safety, including activities
carried out under the Federal Aviation Administration`s
Alliance for System Safety of UAS through Research Excellence
(ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of
the National Airspace System or maintenance of public safety,
as determined by the Secretary or the Secretary`s designee.
(d) National Transportation Safety Board Exemption.--The
National Transportation Safety Board, in consultation with
the Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the procurement is
necessary for the sole purpose of conducting safety
investigations.
(e) National Oceanic and Atmospheric Administration
Exemption.--The Administrator of the National Oceanic and
Atmospheric Administration (NOAA), in consultation with the
Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA`s science or
management objectives.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform in the House of
Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(g) Regulations and Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Attorney General
shall prescribe regulations or guidance to implement this
section.
SEC. 5885. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES
AND OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Beginning on the date that is two years
after the date of the enactment of this Act, except as
provided in subsection (b), no Federal funds awarded through
a contract, grant, or cooperative agreement, or otherwise
made available may be used--
(1) to purchase a covered unmanned aircraft system that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or
unmanned aircraft system.
(b) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, the Director of National Intelligence,
and the Attorney General are exempt from the restriction
under subsection (a) if the procurement is required in the
national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft
system technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of an unmanned aircraft system or counter-unmanned aircraft
system technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is
exempt from the restriction under subsection (a) if the
operation or procurement is deemed to support the safe,
secure, or efficient operation of the National Airspace
System or maintenance of public safety, including activities
carried out under the Federal Aviation Administration`s
Alliance for System Safety of UAS through Research Excellence
(ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of
the National Airspace System or maintenance of public safety,
as determined by the Secretary or the Secretary`s designee.
(d) National Oceanic and Atmospheric Administration
Exemption.--The Administrator of the National Oceanic and
Atmospheric Administration (NOAA), in consultation with the
Secretary of Homeland Security, is exempt from the
restriction under subsection (a) if the operation or
procurement is necessary for the purpose of meeting NOAA`s
science or management objectives.
(e) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and Government
Affairs of the Senate;
(B) the Committee on Oversight and Reform in the House of
Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(f) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall prescribe regulations or guidance, as
necessary, to implement the requirements of this section
pertaining to Federal contracts.
SEC. 5886. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE
CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
Effective immediately, Government-issued Purchase Cards may
not be used to procure any covered unmanned aircraft system
from a covered foreign entity.
SEC. 5887. MANAGEMENT OF EXISTING INVENTORIES OF COVERED
UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
(a) In General.--All executive agencies must account for
existing inventories of covered unmanned aircraft systems
manufactured or assembled by a covered foreign entity in
their personal property accounting systems, within one year
of the date of enactment of this Act, regardless of the
original procurement cost, or the purpose of procurement due
to the special monitoring and accounting measures necessary
to track the items` capabilities.
(b) Classified Tracking.--Due to the sensitive nature of
missions and operations conducted by the United States
Government, inventory data related to covered unmanned
aircraft systems manufactured or assembled by a covered
foreign entity may be tracked at a classified level.
(c) Exceptions.--The Department of Defense, Department of
Homeland Security, Department of Justice, and Department of
Transportation may exclude from the full inventory process,
covered unmanned aircraft systems that are deemed expendable
due to mission risk such as recovery issues or that are one-
time-use covered unmanned aircraft due to requirements and
low cost.
SEC. 5888. COMPTROLLER GENERAL REPORT.
Not later than 275 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the amount of commercial off-
the-shelf drones and covered unmanned aircraft systems
procured by Federal departments and agencies from covered
foreign entities.
SEC. 5889. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED
AIRCRAFT SYSTEMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Department of
Homeland Security, Department of Transportation, the
Department of Justice, and other Departments as determined by
the Director of the Office of Management and Budget, and in
consultation with the National Institute of Standards and
Technology, shall establish a government-wide policy for the
procurement of an unmanned aircraft system--
(1) for non-Department of Defense and non-intelligence
community operations; and
(2) through grants and cooperative agreements entered into
with non-Federal entities.
(b) Information Security.--The policy developed under
subsection (a) shall include the following specifications,
which to the extent practicable, shall be based on industry
standards and technical guidance from the National Institute
of Standards and Technology, to address the risks associated
with processing, storing, and transmitting Federal
information in an unmanned aircraft system:
(1) Protections to ensure controlled access to an unmanned
aircraft system.
(2) Protecting software, firmware, and hardware by ensuring
changes to an unmanned aircraft system are properly managed,
including by ensuring an unmanned aircraft system can be
updated using a secure, controlled, and configurable
mechanism.
(3) Cryptographically securing sensitive collected, stored,
and transmitted data, including proper handling of privacy
data and other controlled unclassified information.
(4) Appropriate safeguards necessary to protect sensitive
information, including during and after use of an unmanned
aircraft system.
(5) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading,
or transmitting of data that is
[[Page S6272]]
not required by law or regulation and an ability to choose
with whom and where information is shared when it is
required.
(c) Requirement.--The policy developed under subsection (a)
shall reflect an appropriate risk-based approach to
information security related to use of an unmanned aircraft
system.
(d) Revision of Acquisition Regulations.--Not later than
180 days after the date on which the policy required under
subsection (a) is issued--
(1) the Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation, as necessary, to
implement the policy; and
(2) any Federal department or agency or other Federal
entity not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy,
guidance, or regulations, as necessary, to implement the
policy.
(e) Exemption.--In developing the policy required under
subsection (a), the Director of the Office of Management and
Budget shall--
(1) incorporate policies to implement the exemptions
contained in this subtitle; and
(2) incorporate an exemption to the policy in the case of a
head of the procuring department or agency determining, in
writing, that no product that complies with the information
security requirements described in subsection (b) is capable
of fulfilling mission critical performance requirements, and
such determination--
(A) may not be delegated below the level of the Deputy
Secretary, or Administrator, of the procuring department or
agency;
(B) shall specify--
(i) the quantity of end items to which the waiver applies
and the operation or procurement value of those items; and
(ii) the time period over which the waiver applies, which
shall not exceed three years;
(C) shall be reported to the Office of Management and
Budget following issuance of such a determination; and
(D) not later than 30 days after the date on which the
determination is made, shall be provided to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives.
SEC. 5890. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND
EMERGENCY SERVICE EXEMPTION.
(a) Rule of Construction.--Nothing in this subtitle shall
prevent a State, local, or territorial law enforcement or
emergency service agency from procuring or operating a
covered unmanned aircraft system purchased with non-Federal
dollars.
(b) Continuity of Arrangements.--The Federal Government may
continue entering into contracts, grants, and cooperative
agreements or other Federal funding instruments with State,
local, or territorial law enforcement or emergency service
agencies under which a covered unmanned aircraft system will
be purchased or operated if the agency has received approval
or waiver to purchase or operate a covered unmanned aircraft
system pursuant to section 5885.
SEC. 5891. STUDY.
(a) Study on the Supply Chain for Unmanned Aircraft Systems
and Components.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall provide to the
appropriate congressional committees a report on the supply
chain for covered unmanned aircraft systems, including a
discussion of current and projected future demand for covered
unmanned aircraft systems.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the current and future global and
domestic market for covered unmanned aircraft systems that
are not widely commercially available except from a covered
foreign entity.
(B) A description of the sustainability, availability,
cost, and quality of secure sources of covered unmanned
aircraft systems domestically and from sources in allied and
partner countries.
(C) The plan of the Secretary of Defense to address any
gaps or deficiencies identified in subparagraph (B),
including through the use of funds available under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and
partnerships with the National Aeronautics and Space
Administration and other interested persons.
(D) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate.
(3) Appropriate congressional committees.--In this section
the term ``appropriate congressional committees`` means:
(A) The Committees on Armed Services of the Senate and the
House of Representatives.
(B) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Reform of the House of Representatives.
(C) The Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.
(D) The Select Committee on Intelligence of the Senate, and
the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 5892. EXCEPTIONS.
(a) Exception for Wildfire Management Operations and Search
and Rescue Operations.--The appropriate Federal agencies, in
consultation with the Secretary of Homeland Security, are
exempt from the procurement, operation, and purchase
restrictions under sections 5883, 5884, and 5885 to the
extent the procurement, operation, or purchase is necessary
for the purpose of supporting the full range of wildfire
management operations or search and rescue operations.
(b) Exception for Intelligence Activities.--The elements of
the intelligence community, in consultation with the Director
of National Intelligence, are exempt from the procurement,
operation, and purchase restrictions under sections 5883,
5884, and 5885 to the extent the procurement, operation, or
purchase is necessary for the purpose of supporting
intelligence activities.
(c) Exception for Tribal Law Enforcement or Emergency
Service Agency.--Tribal law enforcement or Tribal emergency
service agencies, in consultation with the Secretary of
Homeland Security, are exempt from the procurement,
operation, and purchase restrictions under sections 5883,
5884, and 5885 to the extent the procurement, operation, or
purchase is necessary for the purpose of supporting the full
range of law enforcement operations or search and rescue
operations on Indian lands.
SEC. 5893. SUNSET.
Sections 5883, 5884, and 5885 shall cease to have effect on
the date that is five years after the date of the enactment
of this Act.
TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 5901. ESTABLISHMENT OF OFFICE OF STRATEGIC CAPITAL.
(a) In General.--Chapter 4 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 148. Office of Strategic Capital
``(a) Establishment.--There is in the Office of the
Secretary of Defense an office to be known as the Office of
Strategic Capital (in this section referred to as the
`Office`).
``(b) Director.--The Office shall be headed by a Director
(in this section referred to as the `Director`), who shall be
appointed by the Secretary of Defense from among employees of
the Department of Defense in Senior Executive Service
positions (as defined in section 3132 of title 5).
``(c) Duties.--The Office shall--
``(1) identify, accelerate, and sustain the establishment,
research, development, construction, procurement, leasing,
consolidation, alteration, improvement, or repair of tangible
and intangible assets vital to national security;
``(2) protect vital tangible and intangible assets from
theft, acquisition, and transfer by the People`s Republic of
China, the Russian Federation, and other countries that are
adversaries of the United States; and
``(3) provide capital assistance to eligible entities
engaged in eligible investments.
``(d) Applications.--
``(1) In general.--An eligible entity seeking capital
assistance for an eligible investment shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require.
``(2) Preliminary rating opinion letter.--
``(A) In general.--Except as provided by subparagraph (B),
an application submitted under paragraph (1) seeking capital
assistance for an eligible investment shall include a
preliminary rating opinion letter from at least one rating
agency indicating that the senior obligations of the
investment have the potential to achieve an investment-grade
rating.
``(B) Exceptions.--The Director may waive the requirement
under subparagraph (A) with respect to an investment if it is
not possible to obtain a preliminary rating opinion letter
with respect to the investment.
``(e) Selection of Investments.--The Director shall
establish criteria for selecting among eligible investments
for which applications are submitted under subsection (d).
Such criteria shall include--
``(1) the extent to which an investment is significant to
the national security of the United States;
``(2) the creditworthiness of an investment; and
``(3) the likelihood that capital assistance provided for
an investment would enable the investment to proceed sooner
than the investment would otherwise be able to proceed.
``(f) Capital Assistance.--
``(1) Loans and loan guarantees.--
``(A) In general.--The Office may provide loans or loan
guarantees to finance or refinance the costs of an eligible
investment selected pursuant to subsection (e).
``(B) Investment-grade rating required.--
``(i) In general.--Except as provided by clause (ii), a
loan or loan guarantee may be provided under subparagraph (A)
only with respect to an investment that receives an
investment-grade rating from a rating agency.
``(ii) Exception.--The Director may waive the requirement
under clause (i) with respect to an investment if--
``(I) it is not possible to obtain a preliminary rating
opinion letter with respect to the investment; and
``(II) the investment is determined by the Secretary of
Defense to be vital to the national security of the United
States.
``(C) Security.--A loan provided under subparagraph (A) is
required--
``(i) to be payable, in whole or in part, from tolls, user
fees, or other dedicated revenue sources; and
``(ii) to include a rate covenant, coverage requirement, or
similar security feature supporting investment obligations.
``(D) Administration of loans.--
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``(i) Interest rate.--
``(I) In general.--Except as provided by subclause (II),
the interest rate on a loan provided under subparagraph (A)
shall be not less than the yield on marketable United States
Treasury securities of a similar maturity to the maturity of
the loan on the date of execution of the loan agreement.
``(II) Exception.--The Director may waive the requirement
under subclause (I) with respect to an investment if the
investment is determined by the Secretary of Defense to be
vital to the national security of the United States.
``(ii) Final maturity date.--The final maturity date of a
loan provided under subparagraph (A) shall be not later than
35 years after the date of substantial completion of the
investment for which the loan was provided.
``(iii) Prepayment.--A loan provided under subparagraph (A)
may be paid earlier than is provided for under the loan
agreement without a penalty.
``(iv) Capital reserve subsidy amount.--The Director of the
Office of Management and Budget and the rating agencies shall
determine the appropriate capital reserve subsidy amount for
each loan provided under subparagraph (A).
``(v) Nonsubordination.--A loan provided under subparagraph
(A) shall not be subordinated to the claims of any holder of
investment obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
``(vi) Sale of loans.--After substantial completion of an
investment for which a loan is provided under subparagraph
(A) and after notifying the obligor, the Director may sell to
another entity or reoffer into the capital markets a loan for
the investment if the Director determines that the sale or
reoffering can be made on favorable terms.
``(vii) Loan guarantees.--If the Director determines that
the holder of a loan guaranteed by the Office defaults on the
loan, the Director shall pay the holder as specified in the
loan guarantee agreement.
``(viii) Terms and conditions.--Loans and loan guarantees
provided under subparagraph (A) shall be subject to such
other terms and conditions and contain such other covenants,
representations, warranties, and requirements (including
requirements for audits) as the Director determines
appropriate.
``(ix) Applicability of federal credit reform act of
1990.--Loans and loan guarantees provided under subparagraph
(A) shall be subject to the requirements of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
``(2) Equity investments.--
``(A) In general.--The Director may, as a minority
investor, support an eligible investment selected pursuant to
subsection (e) with funds or use other mechanisms for the
purpose of purchasing, and may make and fund commitments to
purchase, invest in, make pledges in respect of, or otherwise
acquire, equity or quasi-equity securities or shares or
financial interests of the eligible entity receiving support
for the eligible investment, including as a limited partner
or other investor in investment funds, upon such terms and
conditions as the Director may determine.
``(B) Sales and liquidation of position.--The Office shall
seek to sell and liquidate any support for an investment
provided under subparagraph (A) as soon as commercially
feasible, commensurate with other similar investors in the
investment and taking into consideration the national
security interests of the United States.
``(3) Insurance and reinsurance.--The Director may issue
insurance or reinsurance, upon such terms and conditions as
the Director may determine, to an eligible entity for an
eligible investment selected pursuant to subsection (e)
assuring protection of the investments of the entity in whole
or in part against any or all political risks such as
currency inconvertibility and transfer restrictions,
expropriation, war, terrorism, civil disturbance, breach of
contract, or nonhonoring of financial obligations.
``(4) Technical assistance.--The Director shall provide
technical assistance with respect to developing and financing
investments to eligible entities seeking capital assistance
for eligible investments and eligible entities receiving
capital assistance under this subsection.
``(5) Terms and conditions.--
``(A) Fees.--The Director may charge fees for the provision
of capital assistance under this subsection to cover the
costs to the Office of providing such assistance.
``(B) Amount of capital assistance.--The Director shall
provide to an eligible investment selected pursuant to
subsection (e) the minimum amount of assistance necessary to
carry out the investment.
``(C) Use of united states dollar.--All financial
transactions conducted under this subsection shall be
conducted in United States dollars, unless the Director
approves of the use of another currency.
``(g) Corporate Funds.--
``(1) Corporate capital account.--There is established in
the Treasury of the United States a fund to be known as the
`Office of Strategic Capital Capital Account` (in this
subsection referred to as the `Capital Account`) to carry out
the purposes of the Office.
``(2) Funding.--The Capital Account shall consist of--
``(A) fees charged and collected pursuant to paragraph (3);
``(B) any amounts received pursuant to paragraph (6);
``(C) investments and returns on such investments pursuant
to paragraph (7);
``(D) amounts appropriated pursuant to the authorization of
appropriations under paragraph (8);
``(E) payments received in connection with settlements of
all insurance and reinsurance claims of the Office; and
``(F) all other collections transferred to or earned by the
Office, excluding the cost, as defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans
and loan guaranties.
``(3) Fee authority.--Fees may be charged and collected for
providing capital assistance in amounts to be determined by
the Director. The Director shall establish the amount of such
fees at an amount sufficient to cover all or a portion of the
costs to the Office of providing capital assistance.
``(4) Use of funds.--
``(A) In general.--Subject to appropriations Acts, the
Director is authorized to pay, from amounts in the Capital
Account--
``(i) the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and loan
guarantees and other capital assistance; and
``(ii) administrative expenses of the Office.
``(B) Income and revenue.--In order to carry out the
purposes of the Office, all collections transferred to or
earned by the Office (excluding the cost, as defined in
section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a), of loans and loan guaranties) shall be
deposited into the Capital Account and shall be available to
carry out its purpose, including--
``(i) payment of all insurance and reinsurance claims of
the Office;
``(ii) repayments to the Treasury of amounts borrowed under
paragraph (5); and
``(iii) dividend payments to the Treasury under paragraph
(6).
``(5) Full faith and credit.--
``(A) In general.--All capital assistance provided by the
Office shall constitute obligations of the United States, and
the full faith and credit of the United States is hereby
pledged for the full payment and performance of such
obligations.
``(B) Authority to borrow.--The Director is authorized to
borrow from the Treasury such sums as may be necessary to
fulfill such obligations of the United States and any such
borrowing shall be at a rate determined by the Secretary of
the Treasury, taking into consideration the current average
market yields on outstanding marketable obligations of the
United States of comparable maturities, for a period jointly
determined by the Director and the Secretary of Defense, and
subject to such terms and conditions as the Secretary may
require.
``(6) Dividends.--The Director, in consultation with the
Director of the Office of Management and Budget, shall
annually assess a dividend payment to the Treasury if the
Office`s insurance portfolio is more than 100 percent
reserved.
``(7) Investment authority.--
``(A) In general.--The Director may request the Secretary
of the Treasury to invest such portion of the Capital Account
as is not, in the Director`s judgment, required to meet the
current needs of the Capital Account.
``(B) Form of investments.--Investments described in
subparagraph (A) shall be made by the Secretary of the
Treasury in public debt obligations, with maturities suitable
to the needs of the Capital Account, as determined by the
Director, and bearing interest at rates determined by the
Secretary, taking into consideration current market yields on
outstanding marketable obligations of the United States of
comparable maturities.
``(8) Authorization of appropriations.--
``(A) In general.--There are authorized to be appropriated
to the Capital Account--
``(i) for fiscal year 2023, $20,000,000;
``(ii) for fiscal year 2024, $30,000,000;
``(iii) for fiscal year 2025, $40,000,000; and
``(iv) for fiscal year 2026 and each fiscal year
thereafter, $50,000,000.
``(B) Availability of amounts.--Amounts appropriated
pursuant to the authorization of appropriations under
subparagraph (A) shall remain available until expended.
``(9) Collections subject to appropriations acts.--Interest
earnings made pursuant to paragraph (6), earnings collected
related to equity investments, and other amounts (excluding
fees related to insurance or reinsurance) collected, may not
be collected for any fiscal year except to the extent
provided in advance in appropriations Acts.
``(h) Regulations.--The Secretary of Defense shall
prescribe such regulations as are necessary to carry out this
section.
``(i) Annual Report.--Not later than December 31 of each
year, the Secretary of Defense shall submit to the
congressional defense committees an annual report describing
the activities of the Office in the preceding fiscal year and
the goals of the Office for the next fiscal year.
``(j) Definitions.--In this section:
``(1) Capital assistance.--The term `capital assistance`
means loans, loan guarantees, equity investments, insurance
and reinsurance, or technical assistance provided under
subsection (f).
``(2) Eligible entity.--The term `eligible entity` means--
``(A) an individual;
``(B) a corporation;
``(C) a partnership, including a public-private
partnership;
``(D) a joint venture;
``(E) a trust;
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``(F) a State, including a political subdivision or any
other instrumentality of a State;
``(G) a Tribal government or consortium of Tribal
governments;
``(H) any other governmental entity or public agency in the
United States, including a special purpose district or public
authority, including a port authority; or
``(I) a multi-State or multi-jurisdictional group of public
entities.
``(3) Eligible investment.--The term `eligible investment`
means an investment that facilitates the efforts of the
Office--
``(A) to identify, accelerate, and sustain the
establishment, research, development, construction,
procurement, leasing, consolidation, alteration, improvement,
or repair of tangible and intangible assets vital to national
security; or
``(B) to protect vital tangible and intangible assets from
theft, acquisition, and transfer by the People`s Republic of
China, the Russian Federation, and other countries that are
adversaries of the United States.
``(4) Investment-grade rating.--The term `investment-grade
rating` means a rating of BBB minus, Baa3, bbb minus, BBB
(low), or higher assigned by a rating agency to investment
obligations.
``(5) Obligor.--The term `obligor` means a party that is
primarily liable for payment of the principal of or interest
on a loan.
``(6) Rating agency.--The term `rating agency` means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as that term is defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
``(7) Subsidy amount.--The term `subsidy amount` means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a loan--
``(A) calculated on a net present value basis; and
``(B) excluding administrative costs and any incidental
effects on governmental receipts or outlays in accordance
with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.).``.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by adding at
the end the following new item:
``148. Office of Strategic Capital.
TITLE LX--GENERAL PROVISIONS
Subtitle C--Naval Vessels
SEC. 6011. BATTLE FORCE SHIP EMPLOYMENT, MAINTENANCE, AND
MANNING BASELINE PLANS.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8696. Battle force ship employment, maintenance, and
manning baseline plans
``(a) In General.--Not later than 45 days after the date of
delivery of the first ship in a new class of battle force
ships, the Secretary of the Navy shall submit to the
congressional defense committees a report on the employment,
maintenance, and manning baseline plans for the class,
including a description of the following:
``(1) The sustainment and maintenance plans for the class
that encompass the number of years the class is expected to
be in service, including--
``(A) the allocation of maintenance tasks among
organizational, intermediate, depot, or other activities;
``(B) the planned duration and interval of maintenance for
all depot-level maintenance availabilities; and
``(C) the planned duration and interval of drydock
maintenance periods.
``(2) Any contractually required integrated logistics
support deliverables for the ship, including technical
manuals, and an identification of--
``(A) the deliverables provided to the Government on or
before the delivery date; and
``(B) the deliverables not provided to the Government on or
before the delivery date and the expected dates those
deliverables will be provided to the Government.
``(3) The planned maintenance system for the ship,
including--
``(A) the elements of the system, including maintenance
requirement cards, completed on or before the delivery date;
``(B) the elements of the system not completed on or before
the delivery date and the expected completion date of those
elements; and
``(C) the plans to complete planned maintenance from the
delivery date until all elements of the system have been
completed.
``(4) The coordinated shipboard allowance list for the
class, including--
``(A) the items on the list onboard on or before the
delivery date; and
``(B) the items on the list not onboard on or before the
delivery date and the expected arrival date of those items.
``(5) The ship manpower document for the class, including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(6) The personnel billets authorized for the ship for the
fiscal year in which the ship is delivered and each of the
four fiscal years thereafter, including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(7) Programmed funding for manning and end strength on
the ship for the fiscal year in which the ship is delivered
and each of the four fiscal years thereafter, including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(8) Personnel assigned to the ship on the delivery date,
including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(9) For each critical hull, mechanical, electrical,
propulsion, and combat system of the class as so designated
by the Senior Technical Authority pursuant to section
8669b(c)(2)(C) of this title, the following:
``(A) The Government-provided training available for
personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location of
the training.
``(B) The contractor-provided training available for
personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location of
the training.
``(C) Plans to adjust how the training described in
subparagraphs (A) and (B) will be provided to personnel after
delivery, including the nature and timeline of those
adjustments.
``(10) The notional employment schedule of the ship for
each month of the fiscal year in which the ship is delivered
and each of the four fiscal years thereafter, including an
identification of time spent in the following phases:
``(A) Basic.
``(B) Integrated or advanced.
``(C) Deployment.
``(D) Maintenance.
``(E) Sustainment.
``(b) Notification Required.--Not less than 30 days before
implementing a significant change to the baseline plans
described in subsection (a) or any subsequent significant
change, the Secretary of the Navy shall submit to the
congressional defense committees written notification of the
change, including for each such change the following:
``(1) An explanation of the change.
``(2) The desired outcome.
``(3) The rationale.
``(4) The duration.
``(5) The operational impact.
``(6) The budgetary impact, including--
``(A) in the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant class
of battle force ships.
``(7) The personnel impact, including--
``(A) in the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant class
of battle force ships.
``(8) The sustainment and maintenance impact, including--
``(A) in the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant class
of battle force ships.
``(c) Treatment of Certain Ships.--(1) For the purposes of
this section, the Secretary of the Navy shall treat as the
first ship in a new class of battle force ships the
following:
``(A) U.S.S. John F. Kennedy (CVN-79).
``(B) U.S.S. Michael Monsoor (DDG-1001).
``(C) U.S.S. Jack H. Lucas (DDG-125).
``(2) For each ship described in paragraph (1), the Senior
Technical Authority shall identify critical systems for the
purposes of subsection (a)(9).
``(d) Definitions.--In this section:
``(1) The term `battle force ship` means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.
``(2) The term `delivery` has the meaning provided for in
section 8671 of this title.
``(3) The term `Senior Technical Authority` has the meaning
provided for in section 8669b of this title.``.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by adding
at the end the following new item:
``8696. Battle force ship employment, maintenance, and manning baseline
plans.
Subtitle F--Studies and Reports
SEC. 6021. REPORT ON LAND HELD BY ENTITIES CONNECTED TO THE
PEOPLE`S REPUBLIC OF CHINA NEAR MILITARY
INSTALLATIONS OR MILITARY AIRSPACE IN THE
UNITED STATES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report describing land held by
covered entities within 25 miles of a military instillation
or military airspace in the United States--
(1) as of the date of the report; and
(2) as of the date that is 5 years before such date of
enactment.
(b) Coordination With Other Agencies.--In preparing the
report required by subsection (a), the Secretary may
coordinate with the heads of other Federal agencies to ensure
the completeness and accuracy of the information used to
prepare the report.
[[Page S6275]]
(c) Covered Entity Defined.--In this section, the term
``covered entity`` means any entity that--
(1) is headquartered in the People`s Republic of China;
(2) is owned, directed, controlled, financed, or influenced
directly or indirectly by the Government of the People`s
Republic of China, the Chinese Communist Party, or the
military of the People`s Republic of China, including any
entity for which the Government of the People`s Republic of
China, the Chinese Communist Party, or the military of the
People`s Republic of China has the ability, through ownership
of a majority or a dominant minority of the total outstanding
voting interest in the entity, board representation, proxy
voting, a special share, contractual arrangements, formal or
informal arrangements to act in concert, or other means, to
determine, direct, or decide for the entity in an important
manner; or
(3) is a parent, subsidiary, or affiliate of any entity
described in paragraph (2).
SEC. 6022. REPORT ON IMPACT OF GLOBAL CRITICAL MINERAL AND
METAL RESERVES ON UNITED STATES MILITARY
EQUIPMENT SUPPLY CHAINS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on--
(1) the impact of the current and future supply of global
critical mineral and metal reserves on the United States
military equipment supply chains; and
(2) the feasibility of public-private partnerships to
foster supply chain resilience through strategic investments.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an assessment of the efforts of the People`s Republic
of China and the Russian Federation to acquire global
reserves of critical minerals and metals, including reserves
of lithium, tungsten, tantalum, cobalt, and molybdenum;
(2) a description of the efforts of the Department of
Defense to procure critical minerals and metals;
(3) a description of planned investments by the Department
to ensure the resiliency and security of the United States
military supply chains requiring critical minerals and
metals;
(4) an assessment of the feasibility of engagement
initiated by the Department 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; and
(5) an assessment of the feasibility of loan guarantees
provided by the Department to private industry to enable
significant strategic investments in development and mining
projects, production technologies, and refining facilities
relating to securing supply chains of critical minerals and
metal reserves.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form and include a classified
annex.
SEC. 6023. CROSSCUT REPORT ON ARCTIC RESEARCH PROGRAMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Director of the Office of Management and Budget shall submit
a detailed report to Congress regarding all existing Federal
programs relating to Arctic research, including--
(1) the goals of each such program;
(2) the funding levels for each such program for each of
the 5 immediately preceding fiscal years;
(3) the anticipated funding levels for each such program
for each of the 5 following fiscal years; and
(4) the total funding appropriated for the current fiscal
year for such programs.
(b) Distribution.--Not later than 3 days after submitting
the report to Congress pursuant to subsection (a), the
Director of the Office of Management and Budget shall submit
a copy of the report to the National Science Foundation, the
United States Arctic Research Commission, and the Office of
Science and Technology Policy.
Subtitle G--Other Matters
SEC. 6031. DEFINITION OF LAND USE REVENUE UNDER WEST LOS
ANGELES LEASING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016
(Public Law 114-226) is amended--
(1) in subparagraph (A), by striking ``; and`` and
inserting a semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) to the extent specified in advance in an
appropriations Act for a fiscal year, any funds received as
compensation for an easement described in subsection (e);
and``.
SEC. 6032. FINANCIAL ASSISTANCE FOR CONSTRUCTION OF TEST BEDS
AND SPECIALIZED FACILITIES.
Section 34 of the National Institute of Standards and
Technology Act (15 U.S.C. 278s) is amended--
(1) by redesignating subsections (f) through (l) as
subsections (g) through (m), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Authority to Award Financial Assistance for
Construction of Test Beds and Specialized Facilities.--
``(1) In general.--The Secretary may, acting through the
Director, award financial assistance for the construction of
test beds and specialized facilities by Manufacturing USA
institutes established or supported under subsection (e) as
the Secretary considers appropriate to carry out the purposes
of the Program.
``(2) Requirements.--The Secretary shall exercise authority
under paragraph (1) in a manner and with requirements
consistent with paragraphs (3) through (6) and paragraph (8)
of subsection (e).
``(3) Priority.--The Secretary shall establish preferences
in selection criteria for proposals for financial assistance
under this subsection from Manufacturing USA institutes that
integrate as active members one or more covered entities as
described in section 10262 of the Research and Development,
Competition, and Innovation Act (Public Law 117-167).``.
SEC. 6033. HOMELAND PROCUREMENT REFORM ACT.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by
adding at the end the following:
``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO
NATIONAL SECURITY INTERESTS.
``(a) Definitions.--In this section:
``(1) Covered item.--The term `covered item` means any of
the following:
``(A) Footwear provided as part of a uniform.
``(B) Uniforms.
``(C) Holsters and tactical pouches.
``(D) Patches, insignia, and embellishments.
``(E) Chemical, biological, radiological, and nuclear
protective gear.
``(F) Body armor components intended to provide ballistic
protection for an individual, consisting of 1 or more of the
following:
``(i) Soft ballistic panels.
``(ii) Hard ballistic plates.
``(iii) Concealed armor carriers worn under a uniform.
``(iv) External armor carriers worn over a uniform.
``(G) Any other item of clothing or protective equipment as
determined appropriate by the Secretary.
``(2) Frontline operational component.--The term `frontline
operational component` means any of the following
organizations of the Department:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement.
``(C) The United States Secret Service.
``(D) The Transportation Security Administration.
``(E) The Federal Protective Service.
``(F) The Federal Emergency Management Agency.
``(G) The Federal Law Enforcement Training Centers.
``(H) The Cybersecurity and Infrastructure Security Agency.
``(b) Requirements.--
``(1) In general.--The Secretary shall ensure that any
procurement of a covered item for a frontline operational
component meets the following criteria:
``(A)(i) To the maximum extent possible, not less than one-
third of funds obligated in a specific fiscal year for the
procurement of such covered items shall be covered items that
are manufactured or supplied in the United States by entities
that qualify as small business concerns, as such term is
described under section 3 of the Small Business Act (15
U.S.C. 632).
``(ii) Covered items may only be supplied pursuant to
subparagraph (A) to the extent that United States entities
that qualify as small business concerns--
``(I) are unable to manufacture covered items in the United
States; and
``(II) meet the criteria identified in subparagraph (B).
``(B) Each contractor with respect to the procurement of
such a covered item, including the end-item manufacturer of
such a covered item--
``(i) is an entity registered with the System for Award
Management (or successor system) administered by the General
Services Administration; and
``(ii) is in compliance with ISO 9001:2015 of the
International Organization for Standardization (or successor
standard) or a standard determined appropriate by the
Secretary to ensure the quality of products and adherence to
applicable statutory and regulatory requirements.
``(C) Each supplier of such a covered item with an insignia
(such as any patch, badge, or emblem) and each supplier of
such an insignia, if such covered item with such insignia or
such insignia, as the case may be, is not produced, applied,
or assembled in the United States, shall--
``(i) store such covered item with such insignia or such
insignia in a locked area;
``(ii) report any pilferage or theft of such covered item
with such insignia or such insignia occurring at any stage
before delivery of such covered item with such insignia or
such insignia; and
``(iii) destroy any such defective or unusable covered item
with insignia or insignia in a manner established by the
Secretary, and maintain records, for three years after the
creation of such records, of such destruction that include
the date of such destruction, a description of the covered
item with insignia or insignia destroyed, the quantity of the
covered item with insignia or insignia destroyed, and the
method of destruction.
``(2) Waiver.--
[[Page S6276]]
``(A) In general.--In the case of a national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) or a major disaster declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), the Secretary may waive a requirement in subparagraph
(A), (B) or (C) of paragraph (1) if the Secretary determines
there is an insufficient supply of a covered item that meets
the requirement.
``(B) Notice.--Not later than 60 days after the date on
which the Secretary determines a waiver under subparagraph
(A) is necessary, the Secretary shall provide to the
Committee on Homeland Security and Governmental Affairs and
the Committee on Appropriations of the Senate and the
Committee on Homeland Security, the Committee on Oversight
and Reform, and the Committee on Appropriations of the House
of Representatives notice of such determination, which shall
include--
``(i) identification of the national emergency or major
disaster declared by the President;
``(ii) identification of the covered item for which the
Secretary intends to issue the waiver; and
``(iii) a description of the demand for the covered item
and corresponding lack of supply from contractors able to
meet the criteria described in subparagraph (B) or (C) of
paragraph (1).
``(c) Pricing.--The Secretary shall ensure that covered
items are purchased at a fair and reasonable price,
consistent with the procedures and guidelines specified in
the Federal Acquisition Regulation.
``(d) Report.--Not later than 1 year after the date of
enactment of this section and annually thereafter, the
Secretary shall provide to the Committee on Homeland
Security, the Committee on Oversight and Reform, and the
Committee on Appropriations of the House of Representatives,
and the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate a
briefing on instances in which vendors have failed to meet
deadlines for delivery of covered items and corrective
actions taken by the Department in response to such
instances.
``(e) Effective Date.--This section applies with respect to
a contract entered into by the Department or any frontline
operational component on or after the date that is 180 days
after the date of enactment of this section.``.
(b) Study.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a study of
the adequacy of uniform allowances provided to employees of
frontline operational components (as defined in section 836
of the Homeland Security Act of 2002, as added by subsection
(a)).
(2) Requirements.--The study conducted under paragraph (1)
shall--
(A) be informed by a Department-wide survey of employees
from across the Department of Homeland Security who receive
uniform allowances that seeks to ascertain what, if any,
improvements could be made to the current uniform allowances
and what, if any, impacts current allowances have had on
employee morale and retention;
(B) assess the adequacy of the most recent increase made to
the uniform allowance for first year employees; and
(C) consider increasing by 50 percent, at minimum, the
annual allowance for all other employees.
(c) Additional Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall provide a report with recommendations on how the
Department of Homeland Security could procure additional
items from domestic sources and bolster the domestic supply
chain for items related to national security to--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(B) the Committee on Homeland Security, the Committee on
Oversight and Reform, and the Committee on Appropriations of
the House of Representatives.
(2) Contents.--The report required under paragraph (1)
shall include the following:
(A) A review of the compliance of the Department of
Homeland Security with the requirements under section 604 of
title VI of division A of the American Recovery and
Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items
related to national security interests from sources in the
United States.
(B) An assessment of the capacity of the Department of
Homeland Security to procure the following items from
domestic sources:
(i) Personal protective equipment and other items necessary
to respond to a pandemic such as that caused by COVID-19.
(ii) Helmets that provide ballistic protection and other
head protection and components.
(iii) Rain gear, cold weather gear, and other environmental
and flame resistant clothing.
(d) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 835 the following:
``Sec. 836. Requirements to buy certain items related to national
security interests.
SEC. 6034. COLLECTION, VERIFICATION, AND DISCLOSURE OF
INFORMATION BY ONLINE MARKETPLACES TO INFORM
CONSUMERS.
(a) Collection and Verification of Information.--
(1) Collection.--
(A) In general.--An online marketplace shall require any
high-volume third party seller on such online marketplace`s
platform to provide, not later than 10 days after qualifying
as a high-volume third party seller on the platform, the
following information to the online marketplace:
(i) Bank account.--
(I) In general.--A bank account number, or, if such seller
does not have a bank account, the name of the payee for
payments issued by the online marketplace to such seller.
(II) Provision of information.--The bank account or payee
information required under subclause (I) may be provided by
the seller in the following ways:
(aa) To the online marketplace.
(bb) To a payment processor or other third party contracted
by the online marketplace to maintain such information,
provided that the online marketplace ensures that it can
obtain such information within 3 business days from such
payment processor or other third party.
(ii) Contact information.--Contact information for such
seller as follows:
(I) With respect to a high-volume third party seller that
is an individual, the individual`s name.
(II) With respect to a high-volume third party seller that
is not an individual, one of the following forms of contact
information:
(aa) A copy of a valid government-issued identification for
an individual acting on behalf of such seller that includes
the individual`s name.
(bb) A copy of a valid government-issued record or tax
document that includes the business name and physical address
of such seller.
(iii) Tax id.--A business tax identification number, or, if
such seller does not have a business tax identification
number, a taxpayer identification number.
(iv) Working email and phone number.--A current working
email address and phone number for such seller.
(B) Notification of change; annual certification.--An
online marketplace shall--
(i) periodically, but not less than annually, notify any
high-volume third party seller on such online marketplace`s
platform of the requirement to keep any information collected
under subparagraph (A) current; and
(ii) require any high-volume third party seller on such
online marketplace`s platform to, not later than 10 days
after receiving the notice under clause (i), electronically
certify that--
(I) the seller has provided any changes to such information
to the online marketplace, if any such changes have occurred;
or
(II) there have been no changes to such seller`s
information.
(C) Suspension.--In the event that a high-volume third
party seller does not provide the information or
certification required under this paragraph, the online
marketplace shall, after providing the seller with written or
electronic notice and an opportunity to provide such
information or certification not later than 10 days after the
issuance of such notice, suspend any future sales activity of
such seller until such seller provides such information or
certification.
(2) Verification.--
(A) In general.--An online marketplace shall--
(i) verify the information collected under paragraph (1)(A)
not later than 10 days after such collection; and
(ii) verify any change to such information not later than
10 days after being notified of such change by a high-volume
third party seller under paragraph (1)(B).
(B) Presumption of verification.--In the case of a high-
volume third party seller that provides a copy of a valid
government-issued tax document, any information contained in
such document shall be presumed to be verified as of the date
of issuance of such document.
(3) Data use limitation.--Data collected solely to comply
with the requirements of this section may not be used for any
other purpose unless required by law.
(4) Data security requirement.--An online marketplace shall
implement and maintain reasonable security procedures and
practices, including administrative, physical, and technical
safeguards that are appropriate to the nature of the data and
the purposes for which the data will be used, to protect the
data collected to comply with the requirements of this
section from unauthorized use, disclosure, access,
destruction, or modification.
(b) Disclosure Required.--
(1) Requirement.--
(A) In general.--An online marketplace shall--
(i) require any high-volume third party seller with an
aggregate total of $20,000 or more in annual gross revenues
on such online marketplace, and that uses such online
[[Page S6277]]
marketplace`s platform, to provide the information described
in subparagraph (B) to the online marketplace; and
(ii) disclose to consumers the information described in
subparagraph (B) in a clear and conspicuous manner--
(I) on the product listing page (including via hyperlink);
or
(II) in the order confirmation message or other document or
communication made to the consumer after the purchase is
finalized and in the consumer`s account transaction history.
(B) Information described.--The information described in
this subparagraph is the following:
(i) Subject to paragraph (2), the identity of the high-
volume third party seller, including--
(I) the full name of the seller, which may include the
seller name or seller`s company name, or the name by which
the seller or company operates on the online marketplace;
(II) the physical address of the seller; and
(III) contact information for the seller, to allow for the
direct, unhindered communication with high-volume third party
sellers by users of the online marketplace, including--
(aa) a current working phone number;
(bb) a current working email address; or
(cc) other means of direct electronic messaging (which may
be provided to such seller by the online marketplace),
provided that the requirements of this item shall not prevent
an online marketplace from monitoring communications between
high-volume third party sellers and users of the online
marketplace for fraud, abuse, or spam.
(ii) Whether the high-volume third party seller used a
different seller to supply the consumer product to the
consumer upon purchase, and, upon the request of an
authenticated purchaser, the information described in clause
(i) relating to any such seller that supplied the consumer
product to the purchaser, if such seller is different than
the high-volume third party seller listed on the product
listing prior to purchase.
(2) Exception.--
(A) In general.--Subject to subparagraph (B), upon the
request of a high-volume third party seller, an online
marketplace may provide for partial disclosure of the
identity information required under paragraph (1)(B)(i) in
the following situations:
(i) If such seller certifies to the online marketplace that
the seller does not have a business address and only has a
residential street address, or has a combined business and
residential address, the online marketplace may--
(I) disclose only the country and, if applicable, the State
in which such seller resides; and
(II) inform consumers that there is no business address
available for the seller and that consumer inquiries should
be submitted to the seller by phone, email, or other means of
electronic messaging provided to such seller by the online
marketplace.
(ii) If such seller certifies to the online marketplace
that the seller is a business that has a physical address for
product returns, the online marketplace may disclose the
seller`s physical address for product returns.
(iii) If such seller certifies to the online marketplace
that the seller does not have a phone number other than a
personal phone number, the online marketplace shall inform
consumers that there is no phone number available for the
seller and that consumer inquiries should be submitted to the
seller`s email address or other means of electronic messaging
provided to such seller by the online marketplace.
(B) Limitation on exception.--If an online marketplace
becomes aware that a high-volume third party seller has made
a false representation to the online marketplace in order to
justify the provision of a partial disclosure under
subparagraph (A) or that a high-volume third party seller who
has requested and received a provision for a partial
disclosure under subparagraph (A) has not provided responsive
answers within a reasonable time frame to consumer inquiries
submitted to the seller by phone, email, or other means of
electronic messaging provided to such seller by the online
marketplace, the online marketplace shall, after providing
the seller with written or electronic notice and an
opportunity to respond not later than 10 days after the
issuance of such notice, suspend any future sales activity of
such seller unless such seller consents to the disclosure of
the identity information required under paragraph (1)(B)(i).
(3) Reporting mechanism.--An online marketplace shall
disclose to consumers in a clear and conspicuous manner on
the product listing of any high-volume third party seller a
reporting mechanism that allows for electronic and telephonic
reporting of suspicious marketplace activity to the online
marketplace.
(4) Compliance.--If a high-volume third party seller does
not comply with the requirements to provide and disclose
information under this subsection, the online marketplace
shall, after providing the seller with written or electronic
notice and an opportunity to provide or disclose such
information not later than 10 days after the issuance of such
notice, suspend any future sales activity of such seller
until the seller complies with such requirements.
(c) Enforcement by the Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
subsection (a) or (b) by an online marketplace shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce subsections
(a) and (b) in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this section.
(B) Privileges and immunities.--Any person that violates
subsection (a) or (b) shall be subject to the penalties, and
entitled to the privileges and immunities, provided in the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(3) Regulations.--The Commission may promulgate regulations
under section 553 of title 5, United States Code, with
respect to the collection, verification, or disclosure of
information under this section, provided that such
regulations are limited to what is necessary to collect,
verify, and disclose such information.
(4) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(d) Enforcement by State Attorneys General.--
(1) In general.--If the attorney general of a State has
reason to believe that any online marketplace has violated or
is violating this section or a regulation promulgated under
this section that affects one or more residents of that
State, the attorney general of the State may bring a civil
action in any appropriate district court of the United
States, to--
(A) enjoin further such violation by the defendant;
(B) enforce compliance with this section or such
regulation;
(C) obtain civil penalties in the amount provided for under
subsection (c);
(D) obtain other remedies permitted under State law; and
(E) obtain damages, restitution, or other compensation on
behalf of residents of the State.
(2) Notice.--The attorney general of a State shall provide
prior written notice of any action under paragraph (1) to the
Commission and provide the Commission with a copy of the
complaint in the action, except in any case in which such
prior notice is not feasible, in which case the attorney
general shall serve such notice immediately upon instituting
such action.
(3) Intervention by the commission.--Upon receiving notice
under paragraph (2), the Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters arising
therein; and
(C) to file petitions for appeal.
(4) Limitation on state action while federal action is
pending.--If the Commission has instituted a civil action for
violation of this section or a regulation promulgated under
this section, no State attorney general, or official or
agency of a State, may bring a separate action under
paragraph (1) during the pendency of that action against any
defendant named in the complaint of the Commission for any
violation of this section or a regulation promulgated under
this section that is alleged in the complaint. A State
attorney general, or official or agency of a State, may join
a civil action for a violation of this section or regulation
promulgated under this section filed by the Commission.
(5) Rule of construction.--For purposes of bringing a civil
action under paragraph (1), nothing in this section shall be
construed to prevent the chief law enforcement officer or
official or agency of a State, from exercising the powers
conferred on such chief law enforcement officer or official
or agency of a State, by the laws of the State to conduct
investigations, administer oaths or affirmations, or compel
the attendance of witnesses or the production of documentary
and other evidence.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions brought by
attorneys general under paragraph (1), any other officer of a
State who is authorized by the State to do so, except for any
private person on behalf of the State attorney general, may
bring a civil action under paragraph (1), subject to the same
requirements and limitations that apply under this subsection
to civil actions brought by attorneys general.
(B) Savings provision.--Nothing in this subsection may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the
State for a violation of any civil or criminal law of the
State.
(e) Severability.--If any provision of this section, or the
application thereof to any person or circumstance, is held
invalid, the remainder of this section and the application of
such provision to other persons not similarly situated or to
other circumstances shall not be affected by the
invalidation.
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission`` means the Federal
Trade Commission.
(2) Consumer product.--The term ``consumer product`` has
the meaning given such term in section 101 of the Magnuson-
Moss Warranty--Federal Trade Commission Improvement Act (15
U.S.C. 2301) and section 700.1 of title 16, Code of Federal
Regulations.
[[Page S6278]]
(3) High-volume third party seller.--
(A) In general.--The term ``high-volume third party
seller`` means a participant on an online marketplace`s
platform who is a third party seller and, in any continuous
12-month period during the previous 24 months, has entered
into 200 or more discrete sales or transactions of new or
unused consumer products and an aggregate total of $5,000 or
more in gross revenues.
(B) Clarification.--For purposes of calculating the number
of discrete sales or transactions or the aggregate gross
revenues under subparagraph (A), an online marketplace shall
only be required to count sales or transactions made through
the online marketplace and for which payment was processed by
the online marketplace, either directly or through its
payment processor.
(4) Online marketplace.--The term ``online marketplace``
means any person or entity that operates a consumer-directed
electronically based or accessed platform that--
(A) includes features that allow for, facilitate, or enable
third party sellers to engage in the sale, purchase, payment,
storage, shipping, or delivery of a consumer product in the
United States;
(B) is used by one or more third party sellers for such
purposes; and
(C) has a contractual or similar relationship with
consumers governing their use of the platform to purchase
consumer products.
(5) Seller.--The term ``seller`` means a person who sells,
offers to sell, or contracts to sell a consumer product
through an online marketplace`s platform.
(6) Third party seller.--
(A) In general.--The term ``third party seller`` means any
seller, independent of an online marketplace, who sells,
offers to sell, or contracts to sell a consumer product in
the United States through such online marketplace`s platform.
(B) Exclusions.--The term ``third party seller`` does not
include, with respect to an online marketplace--
(i) a seller who operates the online marketplace`s
platform; or
(ii) a business entity that has--
(I) made available to the general public the entity`s name,
business address, and working contact information;
(II) an ongoing contractual relationship with the online
marketplace to provide the online marketplace with the
manufacture, distribution, wholesaling, or fulfillment of
shipments of consumer products; and
(III) provided to the online marketplace identifying
information, as described in subsection (a), that has been
verified in accordance with that subsection.
(7) Verify.--The term ``verify`` means to confirm
information provided to an online marketplace pursuant to
this section, which may include the use of one or more
methods that enable the online marketplace to reliably
determine that any information and documents provided are
valid, corresponding to the seller or an individual acting on
the seller`s behalf, not misappropriated, and not falsified.
(g) Relationship to State Laws.--No State or political
subdivision of a State, or territory of the United States,
may establish or continue in effect any law, regulation,
rule, requirement, or standard that conflicts with the
requirements of this section.
(h) Effective Date.--This section shall take effect 180
days after the date of the enactment of this section.
(i) Short Title.--This section may be cited as the
``Integrity, Notification, and Fairness in Online Retail
Marketplaces for Consumers Act`` or the ``INFORM Consumers
Act``.
SEC. 6035. LOW POWER TV STATIONS.
(a) Definitions.--In this section--
(1) the term ``Commission`` means the Federal
Communications Commission;
(2) the term ``Designated Market Area`` means--
(A) a Designated Market Area determined by Nielsen Media
Research or any successor entity; or
(B) a Designated Market Area under a system of dividing
television broadcast station licensees into local markets
using a system that the Commission determines is equivalent
to the system established by Nielsen Media Research; and
(3) the term ``low power TV station`` has the meaning given
the term ``digital low power TV station`` in section 74.701
of title 47, Code of Federal Regulations, or any successor
regulation.
(b) Purpose.--The purpose of this section is to provide low
power TV stations with a limited window of opportunity to
apply for the opportunity to be accorded primary status as
Class A television licensees.
(c) Rulemaking.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall issue a notice of
proposed rulemaking to issue a rule that contains the
requirements described in this subsection.
(2) Requirements.--
(A) In general.--The rule with respect to which the
Commission is required to issue notice under paragraph (1)
shall provide that, during the 1-year period beginning on the
date on which that rule takes effect, a low power TV station
may apply to the Commission to be accorded primary status as
a Class A television licensee under section 73.6001 of title
47, Code of Federal Regulations, or any successor regulation.
(B) Considerations.--The Commission may approve an
application submitted under subparagraph (A) if the low power
TV station submitting the application--
(i) satisfies--
(I) section 336(f)(2) of the Communications Act of 1934 (47
U.S.C. 336(f)(2)) and the rules issued under that section,
including the requirements under such section 336(f)(2) with
respect to locally produced programming, except that, for the
purposes of this subclause, the period described in the
matter preceding subclause (I) of subparagraph (A)(i) of such
section 336(f)(2) shall be construed to be the 90-day period
preceding the date of enactment of this Act; and
(II) paragraphs (b), (c), and (d) of 73.6001 of title 47,
Code of Federal Regulations, or any successor regulation;
(ii) demonstrates to the Commission that the Class A
station for which the license is sought will not cause any
interference described in section 336(f)(7) of the
Communications Act of 1934 (47 U.S.C. 336(f)(7)); and
(iii) as of the date of enactment of this Act, operates in
a Designated Market Area with not more than 95,000 television
households.
(3) Applicability of license.--A license that accords
primary status as a Class A television licensee to a low
power TV station as a result of the rule with respect to
which the Commission is required to issue notice under
paragraph (1) shall--
(A) be subject to the same license terms and renewal
standards as a license for a full power television broadcast
station, except as otherwise expressly provided in this
subsection; and
(B) require the low power TV station to remain in
compliance with paragraph (2)(B) during the term of the
license.
(d) Reporting.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report regarding the implementation of
this section, which shall include--
(1) a list of the current, as of the date on which the
report is submitted, licensees that have been accorded
primary status as Class A television licensees; and
(2) of the licensees described in paragraph (1), an
identification of each such licensee that has been accorded
the status described in that paragraph because of the
implementation of this section.
(e) Rule of Construction.--Nothing in this section may be
construed to affect a decision of the Commission relating to
completion of the transition, relocation, or reimbursement of
entities as a result of the systems of competitive bidding
conducted pursuant to title VI of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1401 et seq.), and
the amendments made by that title, that are collectively
commonly referred to as the ``Television Broadcast Incentive
Auction``.
SEC. 6036. 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) Secretary of state and deputy secretary of state.--
With respect to a person serving as the Secretary of State or
Deputy Secretary of State, the restrictions described in
section 207(f)(1) of title 18, United States Code, shall
apply to representing, aiding, or advising a foreign
governmental entity before an officer or employee of the
executive branch of the United States at any time after the
termination of that person`s service as Secretary or Deputy
Secretary.
``(2) 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 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 representing, aiding, or advising a
foreign governmental entity before an officer or employee of
the executive branch of the United States for 3 years after
the termination of that 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.
``(3) Enhanced restrictions for post-employment work on
behalf of certain countries of concern.--
``(A) In general.--With respect to all former officials
listed in this subsection, the restrictions described in
paragraphs (1) and (2) shall apply to representing, aiding,
or advising a country of concern described in subparagraph
(B) before an officer or employee of the executive branch of
the United States at any time after the termination of that
person`s service in a position described in paragraph (1) or
(2).
``(B) Countries specified.--In this paragraph, the term
`country of concern` means--
[[Page S6279]]
``(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.
``(4) Penalties and injunctions.--Any violations of the
restrictions in paragraphs (1) or (2) shall be subject to the
penalties and injunctions provided for under section 216 of
title 18, United States Code.
``(5) Definitions.--In this subsection:
``(A) 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 described in paragraph
(3)(B), 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.
``(B) 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.
``(6) Notice of restrictions.--Any person subject to the
restrictions of this subsection shall be provided notice of
these restrictions by the Department of State upon
appointment by the President, and subsequently upon
termination of service with the Department of State.
``(7) 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 this
subsection.
``(8) Sunset.--The enhanced restrictions under paragraph
(3) shall expire on the date that is 7 years after the date
of the enactment of this subsection.``.
SEC. 6037. REAUTHORIZATION OF THE TROPICAL FOREST AND CORAL
REEF CONSERVATION ACT OF 1998.
Section 806(d) of the Tropical Forest and Coral Reef
Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by
adding at the end the following new paragraphs:
``(9) $20,000,000 for fiscal year 2023.
``(10) $20,000,000 for fiscal year 2024.
``(11) $20,000,000 for fiscal year 2025.
``(12) $20,000,000 for fiscal year 2026.
``(13) $20,000,000 for fiscal year 2027.``.
SEC. 6038. INCENTIVES FOR STATES TO CREATE SEXUAL ASSAULT
SURVIVORS` BILL OF RIGHTS.
(a) Definition of Covered Formula Grant.--In this section,
the term ``covered formula grant`` means a grant under part T
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as
the ``STOP Violence Against Women Formula Grant Program``).
(b) Grant Increase.--The Attorney General shall increase
the amount of the covered formula grant provided to a State
in accordance with this section if the State has in effect a
law that provides to sexual assault survivors the rights, at
a minimum, under section 3772 of title 18, United States
Code.
(c) Application.--A State seeking an increase to a covered
formula grant under this section shall submit an application
to the Attorney General at such time, in such manner, and
containing such information as the Attorney General may
reasonably require, including information about the law
described in subsection (b).
(d) Period of Increase.--The Attorney General may not
provide an increase in the amount of the covered formula
grant provided to a State under this section more than 4
times.
(e) Authorization of Application.--There are authorized to
be appropriated $20,000,000 for each of fiscal years 2023
through 2027 to carry out this section.
SEC. 6039. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE
NARCOTICS PRODUCTION AND TRAFFICKING AND
AFFILIATED NETWORKS LINKED TO THE REGIME OF
BASHAR AL-ASSAD IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Captagon trade linked to the regime of Bashar al-
Assad in Syria is a transnational security threat; and
(2) the United States should develop and implement an
interagency strategy to deny, degrade, and dismantle Assad-
linked narcotics production and trafficking networks.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees`` means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Appropriations of the Senate
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Foreign Relations of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(6) the Select Committee on Intelligence of the Senate;
(7) the Committee on Armed Services of the House of
Representatives;
(8) the Committee on Appropriations of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives;
(10) the Committee on Foreign Affairs of the House of
Representatives;
(11) the Committee on Financial Services of the House of
Representatives; and
(12) the Permanent Select Committee on Intelligence of the
House of Representatives.
(c) Strategy Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, the Secretary of
the Treasury, the Administrator of the Drug Enforcement
Administration, the Director of National Intelligence, the
Director of the Office of National Drug Control Policy, and
the heads of other appropriate Federal agencies, shall
provide a written strategy (with a classified annex, if
necessary), to the appropriate congressional committees for
disrupting and dismantling narcotics production and
trafficking and affiliated networks linked to the regime of
Bashar al-Assad in Syria.
(2) Contents.--The strategy required under paragraph (1)
shall include--
(A) a detailed plan for--
(i) targeting, disrupting and degrading networks that
directly and indirectly support the narcotics infrastructure
of the Assad regime, particularly through diplomatic and
intelligence support to law enforcement investigations; and
(ii) building counter-narcotics capacity to partner
countries through assistance and training to law enforcement
services in countries (other than Syria) that are receiving
or transiting large quantities of Captagon;
(B)(i) the identification of the countries that are
receiving or transiting large shipments of Captagon;
(ii) an assessment of the counter-narcotics capacity of
such countries to interdict or disrupt the smuggling of
Captagon; and
(iii) an assessment of current United States assistance and
training programs to build such capacity in such countries;
(C) the use of sanctions, including sanctions authorized
under section the Caesar Syria Civilian Protection Act of
2019 (22 U.S.C. 8791 note; title LXXIV of division F of
Public Law 116-92), and associated actions to target
individuals and entities directly or indirectly associated
with the narcotics infrastructure of the Assad regime;
(D) the use of global diplomatic engagements associated
with the economic pressure campaign against the Assad regime
to target its narcotics infrastructure;
(E) leveraging multilateral institutions and cooperation
with international partners to disrupt the narcotics
infrastructure of the Assad regime; and
(F) mobilizing a public communications campaign to increase
awareness of the extent of the connection of the Assad regime
to the illicit narcotics trade.
SEC. 6039A. OUTREACH TO HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY SERVING INSTITUTIONS
REGARDING NATIONAL SECURITY INNOVATION NETWORK
(NSIN) PROGRAMS THAT PROMOTE ENTREPRENEURSHIP
AND INNOVATION AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) Short Title.--This section may be referred to as the
``HBCU National Security Innovation Act``.
(b) Pilot Program.--The Under Secretary of Defense for
Research and Engineering, acting through the National
Security Innovation Network (NSIN), may establish activities,
including outreach and technical assistance, to better
connect historically Black colleges and universities and
minority serving institutions (as described in section 371 of
the Higher Education Act of 1965 (20 U.S.C. 1067q)) to the
commercialization, innovation, and entrepreneurial activities
of the Department of Defense.
(c) Briefing.--Not later than one year after the initiation
of any pilot activities under subsection (b), the Secretary
of Defense shall brief the congressional defense committees
on the results of any activities conducted under the
aforementioned pilot program, including--
(1) the results of outreach efforts;
(2) the success of expanding NSIN programs to historically
Black colleges and universities and minority serving
institutions;
(3) the potential barriers to expansion; and
(4) recommendations for how the Department of Defense can
support such institutions to successfully participate in
Department of Defense commercialization, innovation, and
entrepreneurship programs.
SEC. 6039B. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE
TO TRANSFER EXCESS AIRCRAFT TO OTHER
DEPARTMENTS OF THE FEDERAL GOVERNMENT AND
AUTHORITY TO TRANSFER EXCESS AIRCRAFT TO
STATES.
Section 1091 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is
amended--
(1) in the section heading, by inserting ``and to states``
after ``federal government``;
(2) in subsection (a), in the first sentence, by striking
``and the Secretary of Homeland Security for use by the
Forest Service and the United States Coast Guard`` and
inserting ``for use by the Forest Service, to the Secretary
of Homeland Security for use by
[[Page S6280]]
the United States Coast Guard, and to the Governor of a
State``;
(3) in subsection (b)--
(A) in paragraph (1), by striking ``or the United States
Coast Guard as a suitable platform to carry out their
respective missions`` and inserting ``, the United States
Coast Guard, or the Governor of a State, as the case may be,
as a suitable platform to carry out wildfire suppression,
search and rescue, or emergency operations pertaining to
wildfires``;
(B) in paragraph (3), by striking ``; and`` and inserting a
semicolon;
(C) in paragraph (4), by striking the period at the end and
inserting ``; and``; and
(D) by adding at the end the following new paragraph:
``(5) in the case of aircraft to be transferred to the
Governor of a State, acceptable for use by the State, as
determined by the Governor.``;
(4) by striking subsection (c);
(5) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``up to seven``; and
(ii) by inserting ``the Governor of a State or to`` after
``offered to``; and
(B) by amending paragraph (2) to read as follows:
``(2) Expiration of right of refusal.--A right of refusal
afforded the Secretary of Agriculture or the Secretary of
Homeland Security under paragraph (1) with regards to an
aircraft shall expire upon official notice of such Secretary
to the Secretary of Defense that such Secretary declines such
aircraft.``;
(6) in subsection (e)--
(A) in the matter preceding paragraph (1), by inserting
``or to the Governor of a State`` after ``the Secretary of
Agriculture``;
(B) in paragraph (1), by striking ``wildfire suppression
purposes`` and inserting ``purposes of wildfire suppression,
search and rescue, or emergency operations pertaining to
wildfires``; and
(C) in paragraph (2)--
(i) by inserting ``, search and rescue, emergency
operations pertaining to wildfires,`` after ``efforts``; and
(ii) by inserting ``or Governor of the State, as the case
may be,`` after ``Secretary of Agriculture``;
(7) in subsection (f), by striking ``or the Secretary of
Homeland Security`` and inserting ``, the Secretary of
Homeland Security, or the Governor of a State``;
(8) in subsection (g), by striking ``and the Secretary of
Homeland Security`` and inserting ``, the Secretary of
Homeland Security, or the Governor of the State to which such
aircraft is transferred``;
(9) by adding at the end the following new subsection:
``(h) Reporting.--Not later than December 1, 2022, and
annually thereafter, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on aircraft transferred, during
the fiscal year preceding the date of such report, to--
``(1) the Secretary of Agriculture, the Secretary of
Homeland Security, or the Governor of a State under this
section;
``(2) the chief executive officer of a State under section
112 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1318); or
``(3) the Secretary of the Air Force or the Secretary of
Agriculture under section 1098 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66;
127 Stat. 881).``; and
(10) by redesignating subsections (d) through (h) as
subsections (c) through (g), respectively.
SEC. 6039C. HBCU RISE.
(a) Definitions.--In this section:
(1) The term ``eligible institution`` means a historically
Black college or university or other minority-serving
institution that is classified as a high research activity
status institution at the time of application for a grant
under this section.
(2) The term ``high research activity status`` means R2
status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(3) The term ``historically Black college or university``
has the meaning given the term ``part B institution`` under
section 322 of the Higher Education Act of 1965 (20 U.S.C.
1061).
(4) The term ``other minority-serving institution`` means
an institution of higher education specified in paragraphs
(2) through (7) of section 371(a) of the Higher Education Act
of 1965 (20 U.S.C. 1067q(a)).
(5) The term ``Secretary`` means the Secretary of Defense.
(6) The term ``very high research activity status`` means
R1 status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(7) The term ``very high research activity status
indicators`` means the categories used by the Carnegie
Classification of Institutions of Higher Education to
delineate which institutions have very high research activity
status, including--
(A) annual expenditures in science and engineering;
(B) per-capita (faculty member) expenditures in science and
engineering;
(C) annual expenditures in non-science and engineering
fields;
(D) per-capita (faculty member) expenditures in non-science
and engineering fields;
(E) doctorates awarded in science, technology, engineering,
and mathematics fields;
(F) doctorates awarded in social science fields;
(G) doctorates awarded in the humanities;
(H) doctorates awarded in other fields with a research
emphasis;
(I) total number of research staff, including postdoctoral
researchers;
(J) other doctorate-holding non-faculty researchers in
science and engineering and per-capita (faculty) number of
doctorate-level research staff, including post-doctoral
researchers; and
(K) other categories utilized to determine classification.
(b) Program To Increase Capacity Toward Achieving Very High
Research Activity Status.--
(1) Program.--
(A) In general.--The Secretary shall establish and carry
out a program to increase capacity at high research activity
status historically Black colleges and universities and other
minority-serving institutions toward achieving very high
research activity status.
(B) Recommendations.--In establishing such program, the
Secretary may consider the recommendations pursuant to
section 262 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) and section 220 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81).
(2) Considerations.--In establishing the program under this
section, the Secretary shall consider--
(A) the extent of nascent research capabilities and planned
research capabilities at eligible institutions, with respect
to research areas of interest to the Department of Defense;
(B) recommendations from previous studies for increasing
the level of research activity at high research activity
status historically Black colleges and universities and other
minority-serving institutions toward achieving very high
research activity status classification during the program,
including measurable milestones such as growth in very high
research activity status indicators and other relevant
factors;
(C) how such institutions will sustain the increased level
of research activity;
(D) how such institutions will evaluate and assess
progress;
(E) reporting requirements for such institutions
participating in the program.
(3) Program components.--
(A) Elements.--The Secretary may consider aspects of the
program that address--
(i) faculty professional development;
(ii) stipends for undergraduate and graduate students and
post-doctoral scholars;
(iii) laboratory equipment and instrumentation;
(iv) recruitment and retention of faculty and graduate
students;
(v) communication and dissemination of products produced as
part of the program;
(vi) construction, modernization, rehabilitation, or
retrofitting of facilities for research purposes; and
(vii) other activities necessary to build capacity in
achieving very high research activity status indicators.
(B) Priority areas.--The Secretary shall establish and
update, on an annual basis, a list of research priorities for
STEM and critical technologies appropriate for the program
established under this section.
(c) Evaluation.--Not later than 2 years after the date of
the enactment of this section and every 2 years thereafter
until the termination of the program, the Secretary shall
prepare and submit a report to the Committees on Armed
Services of the Senate and the House of Representatives
providing an update on the program, including--
(1) activities carried out under the program;
(2) an analysis of the growth in very high research
activity status indicators of eligible institutions that
participated in the program under this section; and
(3) emerging research areas of interest to the Department
of Defense conducted by eligible institutions that
participated in the program under this section.
(d) Termination.--The program established by this section
shall terminate 10 years after the date on which the
Secretary establishes such program.
(e) Report to Congress.--Not later than 180 days after the
termination of the program under subsection (d), the
Secretary shall prepare and submit a report to the Committees
on Armed Services of the Senate and the House of
Representatives on the program that includes the following:
(1) An analysis of the growth in very high research
activity status indicators of eligible institutions that
participated in the program under this section.
(2) An evaluation on the effectiveness of the program in
increasing the research capacity of eligible institutions
that participated in the program under this section.
(3) A description of how institutions that have achieved
very high research activity status plan to sustain that
status beyond the duration of the program.
(4) An evaluation of the maintenance of very high research
status by eligible institutions that participated in the
program under this section.
(5) An evaluation of the effectiveness of the program in
increasing the diversity of students conducting high quality
research in unique areas.
(6) Recommendations with respect to additional activities
and investments necessary to elevate the research status of
historically Black colleges and universities and other
minority-serving institutions.
[[Page S6281]]
(7) Recommendations on whether the program established
under this section should be renewed or expanded.
SEC. 6039D. OFFICE OF CIVIL RIGHTS AND INCLUSION.
(a) Short Title.--This section may be cited as the
``Achieving Fairness in Disaster Response, Recovery, and
Resilience Act of 2022``.
(b) Establishment of Office.--Section 513 of the Homeland
Security Act of 2002 (6 U.S.C. 321b) is amended to read as
follows:
``SEC. 513. OFFICE OF CIVIL RIGHTS AND INCLUSION.
``(a) Definitions.--In this section--
``(1) the term `appropriate committees of Congress` means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Transportation and Infrastructure,
the Committee on Oversight and Reform, and the Committee on
Homeland Security of the House of Representatives;
``(2) the term `Director` means the Director of the Office
of Civil Rights and Inclusion;
``(3) the term `disaster assistance` means assistance
provided under titles IV and V of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
et seq.);
``(4) the term `Office` means the Office of Civil Rights
and Inclusion; and
``(5) the term `underserved community` means--
``(A) a rural community;
``(B) a low-income community;
``(C) the disability community;
``(D) the Native American, Alaska Native, and Native
Hawaiian communities;
``(E) the African-American community;
``(F) the Asian community;
``(G) the Hispanic (including persons of Mexican, Puerto
Rican, Cuban, and Central or South American origin)
community;
``(H) the Pacific Islander community;
``(I) the Middle Eastern and North African community; and
``(J) any other historically disadvantaged community, as
determined by the Director.
``(b) Office of Civil Rights and Inclusion.--
``(1) In general.--The Office of Equal Rights of the Agency
shall, on and after the date of enactment of the Achieving
Fairness in Disaster Response, Recovery, and Resilience Act
of 2022, be known as the Office of Civil Rights and
Inclusion.
``(2) References.--Any reference to the Office of Equal
Rights of the Agency in any law, regulation, map, document,
record, or other paper of the United States shall be deemed
to be a reference to the Office of Civil Rights and
Inclusion.
``(c) Director.--
``(1) In general.--The Office shall be headed by a
Director, who shall report to the Administrator.
``(2) Requirement.--The Director shall have documented
experience and expertise in civil rights, underserved
community inclusion research, disaster preparedness, or
resilience disparities elimination.
``(d) Purpose.--The purpose of the Office is to--
``(1) improve underserved community access to disaster
assistance;
``(2) improve the quality of disaster assistance received
by underserved communities;
``(3) eliminate underserved community disparities in the
delivery of disaster assistance; and
``(4) carry out such other responsibilities of the Office
of Equal Rights as in effect on the day before the date of
enactment of the Achieving Fairness in Disaster Response,
Recovery, and Resilience Act of 2022, as determined
appropriate by the Administrator.
``(e) Authorities and Duties.--
``(1) In general.--The Director shall be responsible for--
``(A) improving--
``(i) underserved community access to disaster assistance
before and after a disaster; and
``(ii) the quality of Agency assistance underserved
communities receive;
``(B) reviewing preparedness, response, and recovery
programs and activities of the Agency to ensure the
elimination of underserved community disparities in the
delivery of such programs and activities; and
``(C) carrying out such other responsibilities of the
Office of Equal Rights as in effect on the day before the
date of enactment of the Achieving Fairness in Disaster
Response, Recovery, and Resilience Act of 2022, as determined
appropriate by the Administrator.
``(2) Reducing disparities in preparedness, response, and
recovery.--
``(A) In general.--The Director shall develop measures to
evaluate the effectiveness of the activities of program
offices in the Agency and the activities of recipients aimed
at reducing disparities in the services provided to
underserved communities.
``(B) Requirement.--The measures developed under
subparagraph (A) shall--
``(i) evaluate community outreach activities, language
services, workforce competence, historical assistance for
grants and loans provided to individuals and State, local,
tribal, and territorial governments, the effects of disaster
declaration thresholds on underserved communities, the
percentage of contracts awarded to underserved businesses,
historical barriers to equitable assistance across race and
class during and after disasters, and other areas, as
determined by the Director; and
``(ii) identify the communities implicated in the
evaluations conducted under clause (i).
``(C) Coordination with other offices.--In carrying out
this section, the Director shall--
``(i) participate in scenario-based disaster response
exercises at the Agency;
``(ii) coordinate with the Office of Minority Health of the
Department of Health and Human Services;
``(iii) coordinate with the Office of Civil Rights of the
Department of Agriculture;
``(iv) as appropriate, coordinate with other relevant
offices across the Federal Government, including by leading a
voluntary task force to address disaster response needs of
underserved communities;
``(v) coordinate with the Office for Civil Rights and Civil
Liberties of the Department; and
``(vi) investigate allegations of unequal disaster
assistance based on race or ethnic origin or refer those
allegations to the appropriate office.
``(f) Grants and Contracts.--In carrying out this section,
to further inclusion and engagement of underserved
communities throughout preparedness, response, recovery, and
mitigation and to eliminate underserved community disparities
in the delivery of disaster assistance, as described in
subsection (d), the Administrator shall--
``(1) administer and evaluate Agency programs and
activities, including the programs and activities of
recipients of preparedness, response, recovery, and
mitigation grants and contracts, to--
``(A) further inclusion and engagement of underserved
communities and underserved businesses; and
``(B) improve outcomes for underserved communities tied to
Agency programs and activities; and
``(2) establish an underserved community initiative to
award grants to, and enter into cooperative agreements and
contracts with, nonprofit entities.
``(g) Disability Coordinator.--
``(1) In general.--There shall be within the Office a
Disability Coordinator to ensure that the needs of
individuals with disabilities are being properly addressed by
proactively engaging with disability and underserved
communities and State, local, and tribal governments in
emergency preparedness and disaster relief.
``(2) Responsibilities.--The Disability Coordinator shall
be responsible for--
``(A) providing guidance and coordination on matters
relating to individuals with disabilities in emergency
planning requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made
disaster;
``(B) interacting with the staff of the Agency, the
National Council on Disability, the Interagency Coordinating
Council on Preparedness and Individuals with Disabilities
established under Executive Order 13347 (6 U.S.C. 314 note;
relating to individuals with disabilities in emergency
preparedness), other agencies of the Federal Government, and
State, local, and tribal government authorities relating to
the needs of individuals with disabilities in emergency
planning requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made
disaster;
``(C) consulting with stakeholders that represent the
interests and rights of individuals with disabilities about
the needs of individuals with disabilities in emergency
planning requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made
disaster;
``(D) ensuring the coordination and dissemination of best
practices and model evacuation plans and sheltering for
individuals with disabilities;
``(E) ensuring the development of training materials and a
curriculum for training emergency response providers, State,
local, and tribal government officials, and others on the
needs of individuals with disabilities;
``(F) promoting the accessibility of telephone hotlines and
websites relating to emergency preparedness, evacuations, and
disaster relief;
``(G) working to ensure that video programming
distributors, including broadcasters, cable operators, and
satellite television services, make emergency information
accessible to individuals with hearing and vision
disabilities;
``(H) providing guidance to State, local, and tribal
government officials and other individuals, and implementing
policies, relating to the availability of accessible
transportation options for individuals with disabilities in
the event of an evacuation;
``(I) providing guidance and implementing policies to
external stakeholders to ensure that the rights and wishes of
individuals with disabilities regarding post-evacuation
residency and relocation are respected;
``(J) ensuring that meeting the needs of individuals with
disabilities is a component of the national preparedness
system established under section 644 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 744);
``(K) coordinate technical assistance for Agency programs
based on input from underserved communities through a
designee of the Director; and
``(L) any other duties assigned by the Director.
``(h) Reports.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Achieving Fairness in Disaster Response,
Recovery, and Resilience Act of 2022, and biennially
thereafter, the Administrator shall submit to the
[[Page S6282]]
appropriate committees of Congress a report describing the
activities carried out under this section during the period
for which the report is being prepared.
``(2) Contents.--Each report submitted under paragraph (1)
shall include--
``(A) a narrative on activities conducted by the Office;
``(B) the results of the measures developed to evaluate the
effectiveness of activities aimed at reducing preparedness,
response, and recovery disparities; and
``(C) the number and types of allegations of unequal
disaster assistance investigated by the Director or referred
to other appropriate offices.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.``.
(c) Technical and Conforming 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 by striking
the item relating to section 513 (6 U.S.C. 321b) and
inserting the following:
``Sec. 513. Office of Civil Rights and Inclusion.
(d) COVID-19 Response.--
(1) In general.--During the period of time for which there
is a major disaster or emergency declared by the President
under section 401 or 501, respectively, of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170, 5191) declared with respect to COVID-19, the
Director of the Office of Civil Rights and Inclusion shall
regularly consult with State, local, territorial, and Tribal
government officials and community-based organizations from
underserved communities the Office of Civil Rights and
Inclusion identifies as disproportionately impacted by COVID-
19.
(2) FACA applicability.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to any consultation conducted
under paragraph (1).
SEC. 6039E. IMPROVED APPLICATION OF EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF ALL MEMBERS OF UNIFORMED
SERVICES.
(a) In General.--Paragraph (5) of section 4303 of title 38,
United States Code, is amended to read as follows:
``(5) The term `Federal executive agency`--
``(A) except as provided in subparagraph (B), includes--
``(i) the United States Postal Service;
``(ii) the Postal Regulatory Commission;
``(iii) any nonappropriated fund instrumentality of the
United States;
``(iv) any Executive agency (as defined in section 105 of
title 5); and
``(v) any military department (as defined in section 102 of
title 5) with respect to the civilian employees of that
department; and
``(B) does not include--
``(i) an agency referred to in section 2302(a)(2)(C)(ii) of
title 5;
``(ii) the National Oceanic and Atmospheric Administration
with respect to members of the commissioned officer corps of
the National Oceanic and Atmospheric Administration; or
``(iii) the Public Health Service with respect to members
of the Commissioned Corps of the Public Health Service
serving on active duty, active duty for training, or inactive
duty training.``.
(b) Technical Correction.--Paragraph (16) of such section
is amended by striking ``commissioned corps of the Public
Health Service`` and inserting ``Commissioned Corps of the
Public Health Service``.
SEC. 6039F. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Weatherization Readiness Fund.--Section 414 of the
Energy Conservation and Production Act (42 U.S.C. 6864) is
amended by adding at the end the following:
``(d) Weatherization Readiness Fund.--
``(1) In general.--The Secretary shall establish a fund, to
be known as the `Weatherization Readiness Fund`, from which
the Secretary shall distribute funds to States receiving
financial assistance under this part, in accordance with
subsection (a).
``(2) Use of funds.--
``(A) In general.--A State receiving funds under paragraph
(1) shall use the funds for repairs to dwelling units
described in subparagraph (B) that will remediate the
applicable structural defects or hazards of the dwelling unit
so that weatherization measures may be installed.
``(B) Dwelling unit.--A dwelling unit referred to in
subparagraph (A) is a dwelling unit occupied by a low-income
person that, on inspection pursuant to the program under this
part, was found to have significant defects or hazards that
prevented the installation of weatherization measures under
the program.
``(3) Authorization of appropriations.--In addition to
amounts authorized to be appropriated under section 422,
there is authorized to be appropriated to the Secretary to
carry out this subsection $30,000,000 for each of fiscal
years 2023 through 2027.``.
(b) State Average Cost Per Unit.--
(1) In general.--Section 415(c) of the Energy Conservation
and Production Act (42 U.S.C. 6865(c)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) in the first sentence, by striking ``$6,500`` and
inserting ``$12,000``; and
(II) by striking ``(c)(1) Except as provided in paragraphs
(3) and (4)`` and inserting the following:
``(c) Financial Assistance.--
``(1) In general.--Except as provided in paragraphs (3),
(4), and (6)``;
(ii) by conforming the margins of subparagraphs (A) through
(D) to the margin of subparagraph (E);
(iii) in subparagraph (D), by striking ``, and`` and
inserting ``; and``; and
(iv) in subparagraph (E), by adding a period at the end;
(B) in paragraph (2), in the first sentence, by striking
``weatherized (including dwelling units partially
weatherized)`` and inserting ``fully weatherized``;
(C) in paragraph (4), by striking ``$3,000`` and inserting
``$6,000``;
(D) in paragraph (5)--
(i) in subparagraph (A)(i), by striking ``(6)(A)(ii)`` and
inserting ``(7)(A)(ii)``; and
(ii) by striking ``(6)(A)(i)(I)`` each place it appears and
inserting ``(7)(A)(i)(I)``;
(E) by redesignating paragraph (6) as paragraph (7); and
(F) by inserting after paragraph (5) the following:
``(6) Limit increase.--The Secretary may increase the
amount of financial assistance provided per dwelling unit
under this part beyond the limit specified in paragraph (1)
if the Secretary determines that market conditions require
such an increase to achieve the purposes of this part.``.
(2) Conforming amendment.--Section 414D(b)(1)(C) of the
Energy Conservation and Production Act (42 U.S.C.
6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)`` and
inserting ``415(c)(7)``.
SEC. 6039G. TECHNICAL CORRECTIONS TO HONORING OUR PACT ACT OF
2022.
(a) Presumption of Service Connection for Certain Diseases
Associated With Exposure to Burn Pits and Other Toxins.--
Section 1120(b)(2) of title 38, United States Code, as added
by section 406(b) of the Honoring our PACT Act of 2022
(Public Law 117-168; 136 Stat. 1784), is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) through (K) as (G)
through (J), respectively.
(b) Congressional Approval of Certain Medical Facility
Acquisitions.--Subparagraph (C) of section 703(c)(5) of the
Honoring our PACT Act of 2022 (Public Law 117-168; 136 Stat.
1797) is amended to read as follows:
``(C) by striking `or a major medical facility lease (as
defined in subsection (a)(3)(B))`;``.
(c) Use of Competitive Procedures to Acquire Space for the
Purpose of Providing Health-care Resources to Veterans.--
Subsection (h)(1) of section 8103 of title 38, United States
Code, as added by section 704 of the Honoring our PACT Act of
2022 (Public Law 117-168; 136 Stat. 1799), is amended by
striking ``section 2304 of title 10`` and inserting ``section
3301 of title 41``.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
Honoring our PACT Act of 2022 (Public Law 117-168).
SEC. 6039H. TREATMENT OF EXEMPTIONS UNDER FARA.
(a) Definition.--Section 1 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611) is
amended by adding at the end the following:
``(q) The term `country of concern` means--
``(1) the People`s Republic of China;
``(2) the Russian Federation;
``(3) the Islamic Republic of Iran;
``(4) the Democratic People`s Republic of Korea;
``(5) the Republic of Cuba; and
``(6) the Syrian Arab Republic.``.
(b) Exemptions.--Section 3 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 613), is
amended, in the matter preceding subsection (a), by inserting
``, except that the exemptions under subsections (d)(1) and
(h) shall not apply to any agent of a foreign principal that
is a country of concern`` before the colon.
(c) Sunset.--The amendments made by subsections (a) and (b)
shall terminate on October 1, 2025.
SEC. 6039I. COST-SHARING REQUIREMENTS APPLICABLE TO CERTAIN
BUREAU OF RECLAMATION DAMS AND DIKES.
Section 4309 of the America`s Water Infrastructure Act of
2018 (43 U.S.C. 377b note; Public Law 115-270) is amended--
(1) in the section heading, by inserting ``dams and``
before ``dikes``;
(2) in subsection (a), by striking ``effective beginning on
the date of enactment of this section, the Federal share of
the operations and maintenance costs of a dike described in
subsection (b)`` and inserting ``effective during the 1-year
period beginning on the date of enactment of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023, the Federal share of the dam safety modifications costs
of a dam or dike described in subsection (b), including
repairing or replacing a gate or ancillary gate
components,``; and
(3) in subsection (b)--
(A) in the subsection heading, by inserting ``Dams and ``
before ``Dikes``;
(B) in the matter preceding paragraph (1), by inserting
``dam or`` before ``dike`` each place it appears; and
(C) in paragraph (2), by striking ``December 31, 1945`` and
inserting ``December 31, 1948``.
SEC. 6039J. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY THE
DEPARTMENT OF VETERANS AFFAIRS OF DONATED
FACILITIES AND RELATED IMPROVEMENTS.
(a) In General.--Section 2 of the Communities Helping
Invest through Property and Improvements Needed for Veterans
Act of
[[Page S6283]]
2016 (Public Law 114-294; 38 U.S.C. 8103 note) is amended--
(1) in subsection (b)(1)(A), by inserting ``or for which
funds are available from the Construction, Minor Projects, or
Construction, Major Projects appropriations accounts``;
(2) in subsection (e)(1)--
(A) in subparagraph (A)--
(i) by striking ``The Secretary`` and inserting ``Except as
otherwise provided in this paragraph, the Secretary``; and
(ii) by inserting ``or funds already generally available in
the Construction, Minor Projects, or Construction, Major
Projects appropriations accounts`` after ``that are in
addition to the funds appropriated for the facility``;
(B) in subparagraph (B), by striking ``subparagraph (A)``
and inserting ``this paragraph``;
(C) by redesignating subparagraph (B) as subparagraph (F);
and
(D) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Unobligated amounts.--The Secretary may provide
additional funds to help an entity described in subsection
(a)(2) finance, design, or construct a facility in connection
with real property and improvements to be donated under the
pilot program and proposed to be accepted by the Secretary
under subsection (b)(1)(B) if--
``(i) the Secretary determines that doing so is in the best
interest of the Department and consistent with the mission of
the Department; and
``(ii) funding provided under this subparagraph--
``(I) is in addition to amounts that have been appropriated
for the facility before the date on which the Secretary and
the entity enter into a formal agreement under subsection (c)
for the construction and donation of the real property and
improvements; and
``(II) is derived only from amounts that--
``(aa) are unobligated balances available in the
Construction, Minor Projects, or Construction, Major Projects
appropriations accounts of the Department that--
``(AA) are not associated with a specific project; or
``(BB) are amounts that are associated with a specific
project, but are unobligated because they are the result of
bid savings; and
``(bb) were appropriated to such an account before the date
described in subclause (I).
``(C) Escalation clauses.--
``(i) In general.--The Secretary may include an escalation
clause in a formal agreement under subsection (c) that
authorizes an escalation of not more than an annual amount
based on a rate established in the formal agreement and
mutually agreed upon by the Secretary and an entity to
account for inflation for an area if the Secretary
determines, after consultation with the head of an
appropriate Federal entity that is not part of the
Department, that such escalation is necessary and in the best
interest of the Department.
``(ii) Use of existing amounts.--The Secretary may obligate
funds pursuant to clause (i) in connection with a formal
agreement under subsection (c) using amounts that--
``(I) are unobligated balances available in the
Construction, Minor Projects, or Construction, Major Projects
appropriations accounts of the Department that--
``(aa) are not associated with a specific project; or
``(bb) are amounts that are associated with a specific
project, but are unobligated because they are the result of
bid savings; and
``(II) were appropriated to such an account before the date
on which the Secretary and the entity entered into the formal
agreement.
``(D) Availability.--Unobligated amounts shall be available
pursuant to subparagraphs (B) and (C) only to the extent and
in such amounts as provided in advance in appropriations Acts
subsequent to date of the enactment of the CHIP-IN
Improvement Act of 2022, subject to subparagraph (E).
``(E) Limitation.--Unobligated amounts made available
pursuant to subparagraphs (B) and (C) may not exceed 40
percent of the amount appropriated for the facility before
the date on which the Secretary and the entity entered into a
formal agreement under subsection (c).``; and
(3) in subsection (j)--
(A) by striking ``Rule`` and inserting ``Rules``;
(B) by striking ``Nothing in`` and inserting the following:
``(1) Entering arrangements and agreements.--Nothing in``;
and
(C) by adding at the end the following new paragraph:
``(2) Treatment of assistance.--Nothing provided under this
section shall be treated as Federal financial assistance as
defined in section 200.40 of title 2, Code of Federal
Regulations, as in effect on February 21, 2021.``.
(b) Amendments to Existing Agreements.--Each agreement
entered into under section (2)(c) of such Act before the date
of the enactment of this Act that was in effect on the date
of the enactment of this Act may be amended to incorporate
terms authorized by subparagraphs (B) and (C) of section
2(e)(1) of such Act, as added by subsection (a)(2)(D) of this
section.
Subtitle H--Judicial Security and Privacy
SEC. 6041. SHORT TITLE.
This subtitle may be cited as the ``Daniel Anderl Judicial
Security and Privacy Act of 2021``.
SEC. 6042. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Members of the Federal judiciary perform the important
function of interpreting the Constitution of the United
States and administering justice in a fair and impartial
manner.
(2) In recent years, partially as a result of the rise in
the use of social media and online access to information,
members of the Federal judiciary have been exposed to an
increased number of personal threats in connection to their
role. The ease of access to free or inexpensive sources of
covered information has considerably lowered the effort
required for malicious actors to discover where individuals
live and where they spend leisure hours and to find
information about their family members. Such threats have
included calling a judge a traitor with references to mass
shootings and serial killings, a murder attempt on a justice
of the Supreme Court of the United States, calling for an
``angry mob`` to gather outside a home of a judge and, in
reference to a judge on the court of appeals of the United
States, stating how easy it would be to ``get them``.
(3) Between 2015 and 2019, threats and other inappropriate
communications against Federal judges and other judiciary
personnel increased from 926 in 2015 to approximately 4,449
in 2019.
(4) Over the past decade, several members of the Federal
judiciary have experienced acts of violence against
themselves or a family member in connection to their Federal
judiciary role, including the murder in 2005 of the family of
Joan Lefkow, a judge for the United States District Court for
the Northern District of Illinois.
(5) On Sunday July 19, 2020, an assailant went to the home
of Esther Salas, a judge for the United States District Court
for the District of New Jersey, impersonating a package
delivery driver, opening fire upon arrival, and killing
Daniel Anderl, the 20-year-old only son of Judge Salas, and
seriously wounding Mark Anderl, her husband.
(6) In the aftermath of the recent tragedy that occurred to
Judge Salas and in response to the continuous rise of threats
against members of the Federal judiciary, there is an
immediate need for enhanced security procedures and increased
availability of tools to protect Federal judges and their
families.
(b) Purpose.--The purpose of this subtitle is to improve
the safety and security of Federal judges, including senior,
recalled, or retired Federal judges, and their immediate
family members to ensure Federal judges are able to
administer justice fairly without fear of personal reprisal
from individuals affected by the decisions they make in the
course of carrying out their public duties.
SEC. 6043. DEFINITIONS.
In this subtitle:
(1) At-risk individual.--The term ``at-risk individual``
means--
(A) a Federal judge;
(B) a senior, recalled, or retired Federal judge;
(C) any individual who is the spouse, parent, sibling, or
child of an individual described in subparagraph (A) or (B);
(D) any individual to whom an individual described in
subparagraph (A) or (B) stands in loco parentis; or
(E) any other individual living in the household of an
individual described in subparagraph (A) or (B).
(2) Covered information.--The term ``covered
information``--
(A) means--
(i) a home address, including primary residence or
secondary residences;
(ii) a home or personal mobile telephone number;
(iii) a personal email address;
(iv) a social security number or driver`s license number;
(v) a bank account or credit or debit card information;
(vi) a license plate number or other unique identifiers of
a vehicle owned, leased, or regularly used by an at-risk
individual;
(vii) the identification of children of an at-risk
individual under the age of 18;
(viii) the full date of birth;
(ix) information regarding current or future school or day
care attendance, including the name or address of the school
or day care, schedules of attendance, or routes taken to or
from the school or day care by an at-risk individual; or
(x) information regarding the employment location of an at-
risk individual, including the name or address of the
employer, employment schedules, or routes taken to or from
the employer by an at-risk individual; and
(B) does not include information regarding employment with
a Government agency.
(3) Data broker.--
(A) In general.--The term ``data broker`` means a
commercial entity engaged in collecting, assembling, or
maintaining personal information concerning an individual who
is not a customer, client, or an employee of that entity in
order to sell the information or otherwise profit from
providing third-party access to the information.
(B) Exclusion.--The term ``data broker`` does not include a
commercial entity engaged in the following activities:
(i) Engaging in reporting, news-gathering, speaking, or
other activities intended to inform the public on matters of
public interest or public concern.
(ii) Providing 411 directory assistance or directory
information services, including
[[Page S6284]]
name, address, and telephone number, on behalf of or as a
function of a telecommunications carrier.
(iii) Using personal information internally, providing
access to businesses under common ownership or affiliated by
corporate control, or selling or providing data for a
transaction or service requested by or concerning the
individual whose personal information is being transferred.
(iv) Providing publicly available information via real-time
or near-real-time alert services for health or safety
purposes.
(v) A consumer reporting agency subject to the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.).
(vi) A financial institution to subject to the Gramm-Leach-
Bliley Act (Public Law 106-102) and regulations implementing
that title.
(vii) A covered entity for purposes of the privacy
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note).
(viii) The collection and sale or licensing of covered
information incidental to conducting the activities described
in clauses (i) through (vii).
(4) Federal judge.--The term ``Federal judge`` means--
(A) a justice of the United States or a judge of the United
States, as those terms are defined in section 451 of title
28, United States Code;
(B) a bankruptcy judge appointed under section 152 of title
28, United States Code;
(C) a United States magistrate judge appointed under
section 631 of title 28, United States Code;
(D) a judge confirmed by the United States Senate and
empowered by statute in any commonwealth, territory, or
possession to perform the duties of a Federal judge;
(E) a judge of the United States Court of Federal Claims
appointed under section 171 of title 28, United States Code;
(F) a judge of the United States Court of Appeals for
Veterans Claims appointed under section 7253 of title 38,
United States Code;
(G) a judge of the United States Court of Appeals for the
Armed Forces appointed under section 942 of title 10, United
States Code;
(H) a judge of the United States Tax Court appointed under
section 7443 of the Internal Revenue Code of 1986; and
(I) a special trial judge of the United States Tax Court
appointed under section 7443A of the Internal Revenue Code of
1986.
(5) Government agency.--The term ``Government agency``
includes--
(A) an Executive agency, as defined in section 105 of title
5, United States Code; and
(B) any agency in the judicial branch or legislative
branch.
(6) Immediate family member.--The term ``immediate family
member`` means--
(A) any individual who is the spouse, parent, sibling, or
child of an at-risk individual;
(B) any individual to whom an at-risk individual stands in
loco parentis; or
(C) any other individual living in the household of an at-
risk individual.
(7) Transfer.--The term ``transfer`` means to sell,
license, trade, or exchange for consideration the covered
information of an at-risk individual or immediate family
member.
SEC. 6044. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.
(a) Government Agencies.--
(1) In general.--Each at-risk individual may--
(A) file written notice of the status of the individual as
an at-risk individual, for themselves and immediate family
members, with each Government agency that includes
information necessary to ensure compliance with this section,
as determined by the Administrative Office of the United
States Courts; and
(B) request that each Government agency described in
subparagraph (A) mark as private their covered information
and that of their immediate family members.
(2) No public posting.--Government agencies shall not
publicly post or display publicly available content that
includes covered information of an at-risk individual or
immediate family member. Government agencies, upon receipt of
a written request under paragraph (1)(A), shall remove the
covered information of the at-risk individual or immediate
family member from publicly available content not later than
72 hours after such receipt.
(3) Exceptions.--Nothing in this section shall prohibit a
Government agency from providing access to records containing
the covered information of a Federal judge to a third party
if the third party--
(A) possesses a signed release from the Federal judge or a
court order;
(B) is subject to the requirements of title V of the Gramm-
Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
(C) executes a confidentiality agreement with the
Government agency.
(b) Delegation of Authority.--
(1) In general.--An at-risk individual may directly, or
through an agent designated by the at-risk individual, make
any notice or request required or authorized by this section
on behalf of the at-risk individual. The notice or request
shall include information necessary to ensure compliance with
this section.
(2) Authorization of government agencies to make
requests.--
(A) Administrative office of the united states courts.--
Upon written request of an at-risk individual, the Director
of the Administrative Office of the United States Courts is
authorized to make any notice or request required or
authorized by this section on behalf of the at-risk
individual. The notice or request shall include information
necessary to ensure compliance with this section, as
determined by the Administrative Office of the United States
Courts. The Director may delegate this authority under
section 602(d) of title 28, United States Code. Any notice or
request made under this subsection shall be deemed to have
been made by the at-risk individual and comply with the
notice and request requirements of this section.
(B) United states court of appeals for veterans claims.--
Upon written request of an at-risk individual described in
section 6043(4)(F), the chief judge of the United States
Court of Appeals for Veterans Claims is authorized to make
any notice or request required or authorized by this section
on behalf of the at-risk individual. Any notice or request
made under this subsection shall be deemed to have been made
by the at-risk individual and comply with the notice and
request requirements of this section.
(C) United states court of appeals for the armed forces.--
Upon written request of an at-risk individual described in
section 6043(4)(G), the chief judge of the United States
Court of Appeals for the Armed Forces is authorized to make
any notice or request required or authorized by this section
on behalf of the at-risk individual. Any notice or request
made under this subsection shall be deemed to have been made
by the at-risk individual and comply with the notice and
request requirements of this section.
(D) United states tax court.--Upon written request of an
at-risk individual described in subparagraph (H) or (I) of
section 6043(4), the chief judge of the United States Tax
Court is authorized to make any notice or request required or
authorized by this section on behalf of the at-risk
individual. Any notice or request made under this subsection
shall be deemed to have been made by the at-risk individual
and comply with the notice and request requirements of this
section.
(c) State and Local Governments.--
(1) Grant program to prevent disclosure of personal
information of at-risk individuals or immediate family
members.--
(A) Authorization.--The Attorney General may make grants to
prevent the release of covered information of at-risk
individuals and immediate family members (in this subsection
referred to as ``judges` covered information``) to the
detriment of such individuals or their immediate family
members to an entity that--
(i) is--
(I) a State or unit of local government, as defined in
section 901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10251); or
(II) an agency of a State or unit of local government; and
(ii) operates a State or local database or registry that
contains covered information.
(B) Application.--An entity seeking a grant under this
subsection shall submit to the Attorney General an
application at such time, in such manner, and containing such
information as the Attorney General may reasonably require.
(2) Scope of grants.--Grants made under this subsection may
be used to create or expand programs designed to protect
judges` covered information, including through--
(A) the creation of programs to redact or remove judges`
covered information, upon the request of an at-risk
individual, from public records in State agencies, including
hiring a third party to redact or remove judges` covered
information from public records;
(B) the expansion of existing programs that the State may
have enacted in an effort to protect judges` covered
information;
(C) the development or improvement of protocols,
procedures, and policies to prevent the release of judges`
covered information;
(D) the defrayment of costs of modifying or improving
existing databases and registries to ensure that judges`
covered information is covered from release; and
(E) the development of confidential opt out systems that
will enable at-risk individuals to make a single request to
keep judges` covered information out of multiple databases or
registries.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the
Comptroller General of the United States, shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives an annual
report that includes--
(i) a detailed amount spent by States and local governments
on protecting judges` covered information;
(ii) where the judges` covered information was found; and
(iii) the collection of any new types of personal data
found to be used to identify judges who have received
threats, including prior home addresses, employers, and
institutional affiliations such as nonprofit boards.
(B) States and local governments.--States and local
governments that receive funds under this subsection shall
submit to the Comptroller General of the United States a
report on data described in clauses (i) and (ii) of
subparagraph (A) to be included in the report required under
that subparagraph.
(d) Data Brokers and Other Businesses.--
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(1) Prohibitions.--
(A) Data brokers.--It shall be unlawful for a data broker
to knowingly sell, license, trade for consideration, or
purchase covered information of an at-risk individual or
immediate family members.
(B) Other businesses.--
(i) In general.--Except as provided in clause (ii), no
person, business, or association shall publicly post or
publicly display on the internet covered information of an
at-risk individual or immediate family member if the at-risk
individual has made a written request to that person,
business, or association not to disclose the covered
information of the at-risk individual or immediate family
member.
(ii) Exceptions.--Clause (i) shall not apply to--
(I) the display on the internet of the covered information
of an at-risk individual or immediate family member if the
information is relevant to and displayed as part of a news
story, commentary, editorial, or other speech on a matter of
public concern;
(II) covered information that the at-risk individual
voluntarily publishes on the internet after the date of
enactment of this Act; or
(III) covered information received from a Federal
Government source (or from an employee or agent of the
Federal Government).
(2) Required conduct.--
(A) In general.--After receiving a written request under
paragraph (1)(B), the person, business, or association
shall--
(i) remove within 72 hours the covered information from the
internet and ensure that the information is not made
available on any website or subsidiary website controlled by
that person, business, or association; and
(ii) ensure that the covered information of the at-risk
individual or immediate family member is not made available
on any website or subsidiary website controlled by that
person, business, or association.
(B) Transfer.--
(i) In general.--Except as provided in clause (ii), after
receiving a written request under paragraph (1)(B), the
person, business, or association shall not transfer the
covered information of the at-risk individual or immediate
family member to any other person, business, or association
through any medium.
(ii) Exceptions.--Clause (i) shall not apply to--
(I) the transfer of the covered information of the at-risk
individual or immediate family member if the information is
relevant to and displayed as part of a news story,
commentary, editorial, or other speech on a matter of public
concern;
(II) covered information that the at-risk individual or
immediate family member voluntarily publishes on the internet
after the date of enactment of this Act; or
(III) a transfer made at the request of the at-risk
individual or that is necessary to effectuate a request to
the person, business, or association from the at-risk
individual.
(e) Civil Action.-- An at-risk individual or their
immediate family member whose covered information is made
public as a result of a violation of this section may bring
an action seeking injunctive or declaratory relief in any
court of competent jurisdiction.
SEC. 6045. TRAINING AND EDUCATION.
Amounts appropriated to the Federal judiciary for fiscal
year 2022, and each fiscal year thereafter, may be used for
biannual judicial security training for active, senior, or
recalled Federal judges described in subparagraph (A), (B),
(C), (D), or (E) of section 6043(4) and their immediate
family members, including--
(1) best practices for using social media and other forms
of online engagement and for maintaining online privacy;
(2) home security program and maintenance;
(3) understanding removal programs and requirements for
covered information; and
(4) any other judicial security training that the United
States Marshals Services and the Administrative Office of the
United States Courts determines is relevant.
SEC. 6046. VULNERABILITY MANAGEMENT CAPABILITY.
(a) Authorization.--
(1) Vulnerability management capability.--The Federal
judiciary is authorized to perform all necessary functions
consistent with the provisions of this subtitle and to
support existing threat management capabilities within the
United States Marshals Service and other relevant Federal law
enforcement and security agencies for Federal judges
described in subparagraphs (A), (B), (C), (D), and (E) of
section 6043(4), including--
(A) monitoring the protection of at-risk individuals and
judiciary assets;
(B) managing the monitoring of websites for covered
information of at-risk individuals and immediate family
members and remove or limit the publication of such
information;
(C) receiving, reviewing, and analyzing complaints by at-
risk individuals of threats, whether direct or indirect, and
report such threats to law enforcement partners; and
(D) providing training described in section 6045.
(2) Vulnerability management for certain article i
courts.--The functions and support authorized in paragraph
(1) shall be authorized as follows:
(A) The chief judge of the United States Court of Appeals
for Veterans Claims is authorized to perform such functions
and support for the Federal judges described in section
6043(4)(F).
(B) The United States Court of Appeals for the Armed Forces
is authorized to perform such functions and support for the
Federal judges described in section 6043(4)(G).
(C) The United States Tax Court is authorized to perform
such functions and support for the Federal judges described
in subparagraphs (H) and (I) of section 6043(4).
(3) Technical and conforming amendment.--Section 604(a) of
title 28, United States Code is amended--
(A) in paragraph (23), by striking ``and`` at the end;
(B) by redesignating paragraph (24) as paragraph (25); and
(C) by inserting after paragraph (23) the following:
``(24) Establish and administer a vulnerability management
program in the judicial branch; and``.
(b) Expansion of Capabilities of Office of Protective
Intelligence.--
(1) In general.--The United States Marshals Service is
authorized to expand the current capabilities of the Office
of Protective Intelligence of the Judicial Security Division
to increase the workforce of the Office of Protective
Intelligence to include additional intelligence analysts,
United States deputy marshals, and any other relevant
personnel to ensure that the Office of Protective
Intelligence is ready and able to perform all necessary
functions, consistent with the provisions of this subtitle,
in order to anticipate and deter threats to the Federal
judiciary, including--
(A) assigning personnel to State and major urban area
fusion and intelligence centers for the specific purpose of
identifying potential threats against the Federal judiciary
and coordinating responses to such potential threats;
(B) expanding the use of investigative analysts, physical
security specialists, and intelligence analysts at the 94
judicial districts and territories to enhance the management
of local and distant threats and investigations; and
(C) increasing the number of United States Marshal Service
personnel for the protection of the Federal judicial function
and assigned to protective operations and details for the
Federal judiciary.
(2) Information sharing.--If any of the activities of the
United States Marshals Service uncover information related to
threats to individuals other than Federal judges, the United
States Marshals Service shall, to the maximum extent
practicable, share such information with the appropriate
Federal, State, and local law enforcement agencies.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Department of Justice, in
consultation with the Administrative Office of the United
States Courts, the United States Court of Appeals for
Veterans Claims, the United States Court of Appeals for the
Armed Forces, and the United States Tax Court, shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report on the security of Federal judges arising from Federal
prosecutions and civil litigation.
(2) Description.--The report required under paragraph (1)
shall describe--
(A) the number and nature of threats and assaults against
at-risk individuals handling prosecutions and other matters
described in paragraph (1) and the reporting requirements and
methods;
(B) the security measures that are in place to protect at-
risk individuals handling prosecutions described in paragraph
(1), including threat assessments, response procedures, the
availability of security systems and other devices, firearms
licensing such as deputations, and other measures designed to
protect the at-risk individuals and their immediate family
members; and
(C) for each requirement, measure, or policy described in
subparagraphs (A) and (B), when the requirement, measure, or
policy was developed and who was responsible for developing
and implementing the requirement, measure, or policy.
(3) Public posting.--The report described in paragraph (1)
shall, in whole or in part, be exempt from public disclosure
if the Attorney General determines that such public
disclosure could endanger an at-risk individual.
SEC. 6047. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this subtitle shall be
construed--
(1) to prohibit, restrain, or limit--
(A) the lawful investigation or reporting by the press of
any unlawful activity or misconduct alleged to have been
committed by an at-risk individual or their immediate family
member; or
(B) the reporting on an at-risk individual or their
immediate family member regarding matters of public concern;
(2) to impair access to decisions and opinions from a
Federal judge in the course of carrying out their public
functions;
(3) to limit the publication or transfer of covered
information with the written consent of the at-risk
individual or their immediate family member; or
(4) to prohibit information sharing by a data broker to a
Federal, State, Tribal, or local government, or any unit
thereof.
(b) Protection of Covered Information.--This subtitle shall
be broadly construed to favor the protection of the covered
information of at-risk individuals and their immediate family
members.
[[Page S6286]]
SEC. 6048. SEVERABILITY.
If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle and the
amendments made by this subtitle, and the application of the
remaining provisions of this subtitle and amendments to any
person or circumstance shall not be affected.
SEC. 6049. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
subtitle shall take effect on the date of enactment of this
Act.
(b) Exception.--Subsections (c)(1), (d), and (e) of section
6044 shall take effect on the date that is 120 days after the
date of enactment of this Act.
Subtitle I--21st Century Assistive Technology Act
SEC. 6051. SHORT TITLE.
This subtitle may be cited as the ``21st Century Assistive
Technology Act``.
SEC. 6052. REAUTHORIZATION.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et
seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998`.
``(b) Table of Contents.--The table of contents of this Act
is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purposes.
``Sec. 3. Definitions.
``Sec. 4. Grants for State assistive technology programs.
``Sec. 5. Grants for protection and advocacy services related to
assistive technology.
``Sec. 6. Technical assistance and data collection support.
``Sec. 7. Projects of national significance.
``Sec. 8. Administrative provisions.
``Sec. 9. Authorization of appropriations; reservations and
distribution of funds.
``SEC. 2. PURPOSES.
``The purposes of this Act are--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities through
comprehensive statewide programs of technology-related
assistance, for individuals with disabilities of all ages,
that are designed to--
``(A) increase the availability of, funding for, access to,
provision of, and training about assistive technology devices
and assistive technology services;
``(B) increase the ability of individuals with disabilities
of all ages to secure and maintain possession of assistive
technology devices as such individuals make the transition
between services offered by educational or human service
agencies or between settings of daily living (for example,
between home and work);
``(C) increase the capacity of public agencies and private
entities to provide and pay for assistive technology devices
and assistive technology services on a statewide basis for
individuals with disabilities of all ages;
``(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives, in
decisions related to the provision of assistive technology
devices and assistive technology services;
``(E) increase and promote coordination among State
agencies, between State and local agencies, among local
agencies, and between State and local agencies and private
entities (such as managed care providers), that are involved
or are eligible to be involved in carrying out activities
under this Act;
``(F) increase the awareness and facilitate the change of
laws, regulations, policies, practices, procedures, and
organizational structures that facilitate the availability or
provision of assistive technology devices and assistive
technology services; and
``(G) increase awareness and knowledge of the benefits of
assistive technology devices and assistive technology
services among targeted individuals and entities and the
general population; and
``(2) to provide States and protection and advocacy systems
with financial assistance that supports programs designed to
maximize the ability of individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives to obtain assistive technology devices and
assistive technology services.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adult service program.--The term `adult service
program` means a program that provides services to, or is
otherwise substantially involved with the major life
functions of, individuals with disabilities. Such term
includes--
``(A) a program providing residential, supportive, or
employment services, or employment-related services, to
individuals with disabilities;
``(B) a program carried out by a center for independent
living, such as a center described in part C of title VII of
the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
``(C) a program carried out by an employment support agency
connected to adult vocational rehabilitation, such as a one-
stop partner, as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102); and
``(D) a program carried out by another organization or
vender licensed or registered by the designated State agency,
as defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705).
``(2) American indian consortium.--The term `American
Indian consortium` means an entity that is an American Indian
Consortium (as defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002)), and that is established to provide protection
and advocacy services for purposes of receiving funding under
subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
``(3) Assistive technology.--The term `assistive
technology` means technology designed to be utilized in an
assistive technology device or assistive technology service.
``(4) Assistive technology device.--The term `assistive
technology device` means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
``(5) Assistive technology service.--The term `assistive
technology service` means any service that directly assists
an individual with a disability in the selection,
acquisition, or use of an assistive technology device. Such
term includes--
``(A) the evaluation of the assistive technology needs of
an individual with a disability, including a functional
evaluation of the impact of the provision of appropriate
assistive technology and appropriate services to the
individual in the customary environment of the individual;
``(B) a service consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
``(C) a service consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, replacing, or donating assistive technology
devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology devices,
such as therapies, interventions, or services associated with
education and rehabilitation plans and programs;
``(E) training or technical assistance for an individual
with a disability or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such
an individual;
``(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services and entities that manufacture or sell assistive
technology devices), employers, providers of employment and
training services, or other individuals who provide services
to, employ, or are otherwise substantially involved in the
major life functions of individuals with disabilities; and
``(G) a service consisting of expanding the availability of
access to technology, including electronic and information
technology, to individuals with disabilities.
``(6) Capacity building and advocacy activities.--The term
`capacity building and advocacy activities` means efforts
that--
``(A) result in laws, regulations, policies, practices,
procedures, or organizational structures that promote
consumer-responsive programs or entities; and
``(B) facilitate and increase access to, provision of, and
funding for, assistive technology devices and assistive
technology services, in order to empower individuals with
disabilities to achieve greater independence, productivity,
and integration and inclusion within the community and the
workforce.
``(7) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance` means a consumer-responsive
program of technology-related assistance for individuals with
disabilities that--
``(A) is implemented by a State;
``(B) is equally available to all individuals with
disabilities residing in the State, regardless of their type
of disability, age, income level, or location of residence in
the State, or the type of assistive technology device or
assistive technology service required; and
``(C) incorporates all the activities described in section
4(e) (unless excluded pursuant to section 4(e)(6)).
``(8) Consumer-responsive.--The term `consumer-
responsive`--
``(A) with regard to policies, means that the policies are
consistent with the principles of--
``(i) respect for individual dignity, personal
responsibility, self-determination, and pursuit of meaningful
careers, based on informed choice, of individuals with
disabilities;
``(ii) respect for the privacy, rights, and equal access
(including the use of accessible formats) of such
individuals;
``(iii) inclusion, integration, and full participation of
such individuals in society;
``(iv) support for the involvement in decisions of a family
member, a guardian, an advocate, or an authorized
representative, if an individual with a disability requests,
desires, or needs such involvement; and
``(v) support for individual and systems advocacy and
community involvement; and
``(B) with respect to an entity, program, or activity,
means that the entity, program, or activity--
``(i) is easily accessible to, and usable by, individuals
with disabilities and, when appropriate, their family
members, guardians, advocates, or authorized representatives;
[[Page S6287]]
``(ii) responds to the needs of individuals with
disabilities in a timely and appropriate manner; and
``(iii) facilitates the full and meaningful participation
of individuals with disabilities (including individuals from
underrepresented populations and rural populations) and their
family members, guardians, advocates, and authorized
representatives, in--
``(I) decisions relating to the provision of assistive
technology devices and assistive technology services to such
individuals; and
``(II) decisions related to the maintenance, improvement,
and evaluation of the comprehensive statewide program of
technology-related assistance, including decisions that
affect capacity building and advocacy activities.
``(9) Disability.--The term `disability` has the meaning
given the term under section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(10) Individual with a disability.--The term `individual
with a disability` means any individual of any age, race, or
ethnicity--
``(A) who has a disability; and
``(B) who is or would be enabled by an assistive technology
device or an assistive technology service to minimize
deterioration in functioning, to maintain a level of
functioning, or to achieve a greater level of functioning in
any major life activity.
``(11) Institution of higher education.--The term
`institution of higher education` has the meaning given such
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)), and includes a community college
receiving funding under the Tribally Controlled Colleges and
Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
``(12) Protection and advocacy services.--The term
`protection and advocacy services` means services that--
``(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15041 et seq.), the Protection and
Advocacy for Individuals with Mental Illness Act (42 U.S.C.
10801 et seq.), or section 509 of the Rehabilitation Act of
1973 (29 U.S.C. 794e); and
``(B) assist individuals with disabilities with respect to
assistive technology devices and assistive technology
services.
``(13) Secretary.--The term `Secretary` means the Secretary
of Health and Human Services, acting through the
Administrator of the Administration for Community Living.
``(14) State.--
``(A) In general.--Except as provided in subparagraph (B),
the term `State` means each of the 50 States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
``(B) Outlying areas.--In section 4(b):
``(i) Outlying area.--The term `outlying area` means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(ii) State.--The term `State` does not include the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(15) State assistive technology program.--The term `State
assistive technology program` means a program authorized
under section 4.
``(16) Targeted individuals and entities.--The term
`targeted individuals and entities` means--
``(A) individuals with disabilities of all ages and their
family members, guardians, advocates, and authorized
representatives;
``(B) underrepresented populations, including the aging
workforce;
``(C) individuals who work for public or private entities
(including centers for independent living described in part C
of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.), insurers, or managed care providers) that have
contact with, or provide services to, individuals with
disabilities;
``(D) educators at all levels (including providers of early
intervention services, elementary schools, secondary schools,
community colleges, and vocational and other institutions of
higher education) and related services personnel;
``(E) technology experts (including web designers and
procurement officials);
``(F) health, allied health, and rehabilitation
professionals and hospital employees (including discharge
planners);
``(G) employers, especially small business employers, and
providers of employment and training services;
``(H) entities that manufacture or sell assistive
technology devices;
``(I) entities that carry out community programs designed
to develop essential community services in rural and urban
areas; and
``(J) other appropriate individuals and entities, as
determined for a State by the State.
``(17) Underrepresented population.--The term
`underrepresented population` means a population that is
typically underrepresented in service provision, and includes
populations such as individuals who have low-incidence
disabilities, racial and ethnic minorities, low income
individuals, homeless individuals (including children and
youth), children in foster care, individuals with limited
English proficiency, older individuals, or individuals living
in rural areas.
``(18) Universal design.--The term `universal design` means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest
possible range of functional capabilities, which include
products and services that are directly accessible (without
requiring assistive technologies) and products and services
that are interoperable with assistive technologies.
``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS.
``(a) Grants to States.--The Secretary shall award grants
under subsection (b) to States to maintain a comprehensive
statewide continuum of integrated assistive technology
activities described in subsection (e) through State
assistive technology programs that are designed--
``(1) to maximize the ability of individuals with
disabilities across the human lifespan and across the wide
array of disabilities, and their family members, guardians,
advocates, and authorized representatives, to obtain
assistive technology; and
``(2) to increase access to assistive technology.
``(b) Amount of Financial Assistance.--
``(1) In general.--From funds made available to carry out
this section, the Secretary shall award a grant to each
eligible State and eligible outlying area from an allotment
determined in accordance with paragraph (2).
``(2) Calculation of state grants.--
``(A) Base year.--Except as provided in subparagraphs (B)
and (C), the Secretary shall allot to each State and outlying
area for a fiscal year an amount that is not less than the
amount the State or outlying area received under the grants
provided under section 4 of this Act (as in effect on the day
before the effective date of the 21st Century Assistive
Technology Act) for fiscal year 2022.
``(B) Ratable reduction.--
``(i) In general.--If funds made available to carry out
this section for any fiscal year are insufficient to make the
allotments required for each State and outlying area under
subparagraph (A) for such fiscal year, the Secretary shall
ratably reduce the allotments for such fiscal year.
``(ii) Additional funds.--If, after the Secretary makes the
reductions described in clause (i), additional funds become
available to carry out this section for the fiscal year, the
Secretary shall ratably increase the allotments, until the
Secretary has allotted the entire base year amount under
subparagraph (A).
``(C) Appropriation higher than base year amount.--For a
fiscal year for which the amount of funds made available to
carry out this section is greater than the base year amount
under subparagraph (A) and no greater than $40,000,000, the
Secretary shall--
``(i) make the allotments described in subparagraph (A);
``(ii) from a portion of the remainder of the funds after
the Secretary makes the allotments described in clause (i),
the Secretary shall--
``(I) from 50 percent of the portion, allot to each State
an equal amount; and
``(II) from 50 percent of the portion, allot to each State
an amount that bears the same relationship to such 50 percent
as the population of the State bears to the population of all
States;
until each State has received an allotment of not less than
$410,000 under clause (i) and this clause; and
``(iii) from the remainder of the funds after the Secretary
makes the allotments described in clause (ii), the Secretary
shall--
``(I) from 80 percent of the remainder, allot to each State
an amount that bears the same relationship to such 80 percent
as the population of the State bears to the population of all
States; and
``(II) from 20 percent of the remainder, allot to each
State an equal amount.
``(D) Appropriation higher than threshold amount.--For a
fiscal year for which the amount of funds made available to
carry out this section is $40,000,000 or greater, the
Secretary shall--
``(i) make the allotments described in subparagraph (A);
``(ii) from the funds remaining after the allotment
described in clause (i), allot to each outlying area an
amount of such funds until each outlying area has received an
allotment of exactly $150,000 under clause (i) and this
clause;
``(iii) from a portion of the remainder of the funds after
the Secretary makes the allotments described in clauses (i)
and (ii), the Secretary shall--
``(I) from 50 percent of the portion, allot to each State
an equal amount; and
``(II) from 50 percent of the portion, allot to each State
an amount that bears the same relationship to such 50 percent
as the population of the State bears to the population of all
States;
until each State has received an allotment of not less than
$450,000 under clause (i) and this clause; and
``(iv) from the remainder of the funds after the Secretary
makes the allotments described in clause (iii), the Secretary
shall--
``(I) from 80 percent of the remainder, allot to each State
an amount that bears the same relationship to such 80 percent
as the population of the State bears to the population of all
States; and
``(II) from 20 percent of the remainder, allot to each
State an equal amount.
``(3) Availability of funds.--Amounts made available for a
fiscal year under this section shall be available for the
fiscal year and the year following the fiscal year.
``(c) Lead Agency, Implementing Entity, and Advisory
Council.--
[[Page S6288]]
``(1) Lead agency and implementing entity.--
``(A) Lead agency.--
``(i) In general.--The Governor of a State shall designate
a public agency as a lead agency--
``(I) to control and administer the funds made available
through the grant awarded to the State under this section;
and
``(II) to submit the application described in subsection
(d) on behalf of the State, to ensure conformance with
Federal and State accounting requirements.
``(ii) Duties.--The duties of the lead agency shall
include--
``(I) preparing the application described in subsection (d)
and carrying out State activities described in that
application, including making programmatic and resource
allocation decisions necessary to implement the comprehensive
statewide program of technology-related assistance;
``(II) coordinating the activities of the comprehensive
statewide program of technology-related assistance among
public and private entities, including coordinating efforts
related to entering into interagency agreements, and
maintaining and evaluating the program; and
``(III) coordinating culturally competent efforts related
to the active, timely, and meaningful participation by
individuals with disabilities and their family members,
guardians, advocates, or authorized representatives, and
other appropriate individuals, with respect to activities
carried out through the grant.
``(B) Implementing entity.--The Governor may designate an
agency, office, or other entity to carry out State activities
under this section (referred to in this section as the
`implementing entity`), if such implementing entity is
different from the lead agency. The implementing entity shall
carry out responsibilities under this Act through a
subcontract or another administrative agreement with the lead
agency.
``(C) Change in agency or entity.--
``(i) In general.--On obtaining the approval of the
Secretary--
``(I) the Governor may redesignate the lead agency of a
State, if the Governor shows to the Secretary good cause why
the agency designated as the lead agency should not serve as
that agency; and
``(II) the Governor may redesignate the implementing entity
of a State, if the Governor shows to the Secretary in
accordance with subsection (d)(2)(B), good cause why the
entity designated as the implementing entity should not serve
as that entity.
``(ii) Construction.--Nothing in this paragraph shall be
construed to require the Governor of a State to change the
lead agency or implementing entity of the State to an agency
other than the lead agency or implementing entity of such
State as of the date of enactment of the Assistive Technology
Act of 2004 (Public Law 108-364; 118 Stat. 1707).
``(2) Advisory council.--
``(A) In general.--There shall be established an advisory
council to provide consumer-responsive, consumer-driven
advice to the State for planning of, implementation of, and
evaluation of the activities carried out through the grant,
including setting the measurable goals described in
subsection (d)(3)(C).
``(B) Composition and representation.--
``(i) Composition.--The advisory council shall be composed
of--
``(I) individuals with disabilities who use assistive
technology, including older individuals, or the family
members or guardians of the individuals;
``(II) a representative of the designated State agency, as
defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705) and the State agency for individuals who are
blind (within the meaning of section 101 of that Act (29
U.S.C. 721)), if such agency is separate;
``(III) a representative of a State center for independent
living described in part C of title VII of the Rehabilitation
Act of 1973 (29 U.S.C. 796f et seq.) or the Statewide
Independent Living Council established under section 705 of
such Act (29 U.S.C. 796d);
``(IV) a representative of the State workforce development
board established under section 101 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111);
``(V) a representative of the State educational agency, as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801);
``(VI) a representative of an alternative financing program
for assistive technology if--
``(aa) there is an alternative financing program for
assistive technology in the State;
``(bb) such program is separate from the State assistive
technology program supported under subsection (e)(2); and
``(cc) the program described in item (aa) is operated by a
nonprofit entity;
``(VII) representatives of other State agencies, public
agencies, or private organizations, as determined by the
State; and
``(VIII) a representative of 1 or more of the following:
``(aa) The agency responsible for administering the State
Medicaid program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.).
``(bb) The designated State agency for purposes of section
124 of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15024).
``(cc) The State agency designated under section 305(a)(1)
of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)) or
an organization that receives assistance under such Act (42
U.S.C. 3001 et seq.).
``(dd) An organization representing disabled veterans.
``(ee) A University Center for Excellence in Developmental
Disabilities Education, Research, and Service designated
under section 151(a) of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15061(a)).
``(ff) The State protection and advocacy system established
in accordance with section 143 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15043).
``(gg) The State Council on Developmental Disabilities
established under section 125 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15025).
``(ii) Majority.--
``(I) In general.--Not less than 51 percent of the members
of the advisory council shall be members appointed under
clause (i)(I), a majority of whom shall be individuals with
disabilities.
``(II) Representatives of agencies.--Members appointed
under subclauses (II) through (VIII) of clause (i) shall not
count toward the majority membership requirement established
in subclause (I).
``(iii) Representation.--The advisory council shall be
geographically representative of the State and reflect the
diversity of the State with respect to race, ethnicity, types
of disabilities across the age span, and users of types of
services that an individual with a disability may receive.
``(C) Expenses.--The members of the advisory council shall
receive no compensation for their service on the advisory
council, but shall be reimbursed for reasonable and necessary
expenses actually incurred in the performance of official
duties for the advisory council.
``(D) Impact on existing statutes, rules, or policies.--
Nothing in this paragraph shall be construed to affect State
statutes, rules, or official policies relating to advisory
bodies for State assistive technology programs or require
changes to governing bodies of incorporated agencies that
carry out State assistive technology programs.
``(d) Application.--
``(1) In general.--Any State that desires to receive a
grant under this section shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Lead agency and implementing entity.--
``(A) In general.--The application shall contain--
``(i) information identifying and describing the lead
agency referred to in subsection (c)(1)(A);
``(ii) information identifying and describing the
implementing entity referred to in subsection (c)(1)(B), if
the Governor of the State designates such an entity; and
``(iii) a description of how individuals with disabilities
were involved in the development of the application and will
be involved in the implementation of the activities to be
carried out through the grant and through the advisory
council established in accordance with subsection (c)(2).
``(B) Change in lead agency or implementing entity.--In any
case where--
``(i) the Governor requests to redesignate a lead agency,
the Governor shall include in, or amend, the application to
request the redesignation and provide a written description
of the rationale for why the agency designated as the lead
agency should not serve as that agency; or
``(ii) the Governor requests to redesignate an implementing
entity, the Governor shall include in, or amend, the
application to request the redesignation and provide a
written description of the rationale for why the entity
designated as the implementing entity should not serve as
that entity.
``(3) State plan.--The application under this subsection
shall include a State plan for assistive technology
consisting of--
``(A) a description of how the State will carry out a
statewide continuum of integrated assistive technology
activities described in subsection (e) (unless excluded by
the State pursuant to subsection (e)(6));
``(B) a description of how the State will allocate and
utilize grant funds to implement the activities, including
describing proposed budget allocations and planned procedures
for tracking expenditures for the activities;
``(C) measurable goals, and a timeline for meeting the
goals, that the State has set for addressing the assistive
technology needs of individuals with disabilities in the
State related to--
``(i) education, including goals involving the provision of
assistive technology to individuals with disabilities who
receive services under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
``(ii) employment, including goals involving the State
vocational rehabilitation program carried out under title I
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
``(iii) access to tele-assistive technology to aid in the
access of health care services, including mental health and
substance use disorder;
``(iv) accessible information and communication technology
training; and
``(v) community living;
``(D) information describing how the State will
quantifiably measure the goals to determine whether the goals
have been achieved
[[Page S6289]]
in a manner consistent with the data submitted through the
progress reports under subsection (f); and
``(E) a description of any activities described in
subsection (e) that the State will support with State or non-
Federal funds.
``(4) Involvement of public and private entities.--The
application shall describe how various public and private
entities were involved in the development of the application
and will be involved in the implementation of the activities
to be carried out through the grant, including--
``(A) in cases determined to be appropriate by the State, a
description of the nature and extent of resources that will
be committed by public and private collaborators to assist in
accomplishing identified goals; and
``(B) a description of the mechanisms established to ensure
coordination of activities and collaboration between the
implementing entity, if any, and the State.
``(5) Assurances.--The application shall include assurances
that--
``(A) the State will annually collect data related to the
required activities implemented by the State under this
section in order to prepare the progress reports required
under subsection (f);
``(B) funds received through the grant--
``(i) will be expended in accordance with this section; and
``(ii) will be used to supplement, and not supplant, funds
available from other sources for technology-related
assistance, including the provision of assistive technology
devices and assistive technology services;
``(C) the lead agency will control and administer the funds
received through the grant;
``(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure proper
disbursement of and accounting for the funds received through
the grant;
``(E) the physical facility of the lead agency and
implementing entity, if any, meets the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) regarding accessibility for individuals with
disabilities;
``(F) a public agency or an individual with a disability
holds title to any property purchased with funds received
under the grant and administers that property;
``(G) activities carried out in the State that are
authorized under this Act, and supported by Federal funds
received under this Act, will comply with the standards
established by the Architectural and Transportation Barriers
Compliance Board under section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d); and
``(H) the State will--
``(i) prepare reports to the Secretary in such form and
containing such information as the Secretary may require to
carry out the Secretary`s functions under this Act; and
``(ii) keep such records and allow access to such records
as the Secretary may require to ensure the correctness and
verification of information provided to the Secretary under
this subparagraph.
``(e) Use of Funds.--
``(1) Required activities.--
``(A) In general.--Except as provided in subparagraph (B)
and paragraph (6), any State that receives a grant under this
section shall--
``(i) use a portion of not more than 40 percent of the
funds made available through the grant to carry out all
activities described in paragraph (3), of which not less than
5 percent of such portion shall be available for activities
described in paragraph (3)(A)(iii); and
``(ii) use a portion of the funds made available through
the grant to carry out all of the activities described in
paragraph (2).
``(B) State or non-federal financial support.--A State
receiving a grant under this section shall not be required to
use grant funds to carry out the category of activities
described in subparagraph (A), (B), (C), or (D) of paragraph
(2) if, in that State--
``(i) financial support is provided from State or other
non-Federal resources or entities for that category of
activities; and
``(ii) the amount of the financial support is comparable
to, or greater than, the amount of the portion of the funds
made available through the grant that the State would have
expended for that category of activities, in the absence of
this subparagraph.
``(2) State-level activities.--
``(A) State financing activities.--The State shall support
State financing activities to increase access to, and funding
for, assistive technology devices and assistive technology
services (which shall not include direct payment for such a
device or service for an individual with a disability but may
include support and administration of a program to provide
such payment), including development of systems to provide
and pay for such devices and services, for targeted
individuals and entities described in section 3(16)(A),
including--
``(i) support for the development of systems for the
purchase, lease, or other acquisition of, or payment for,
assistive technology devices and assistive technology
services;
``(ii) another mechanism that is approved by the Secretary;
or
``(iii) support for the development of a State-financed or
privately financed alternative financing program engaged in
the provision of assistive technology devices, such as--
``(I) a low-interest loan fund;
``(II) an interest buy-down program;
``(III) a revolving loan fund; or
``(IV) a loan guarantee or insurance program.
``(B) Device reutilization programs.--The State shall
directly, or in collaboration with public or private
entities, carry out assistive technology device reutilization
programs that provide for the exchange, repair, recycling, or
other reutilization of assistive technology devices, which
may include redistribution through device sales, loans,
rentals, or donations.
``(C) Device loan programs.--The State shall directly, or
in collaboration with public or private entities, carry out
device loan programs that provide short-term loans of
assistive technology devices to individuals, employers,
public agencies, or others seeking to meet the needs of
targeted individuals and entities, including others seeking
to comply with the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
``(D) Device demonstrations.--
``(i) In general.--The State shall directly, or in
collaboration with public and private entities, such as one-
stop partners, as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate
a variety of assistive technology devices and assistive
technology services (including assisting individuals in
making informed choices regarding, and providing experiences
with, the devices and services), using personnel who are
familiar with such devices and services and their
applications.
``(ii) Comprehensive information.--The State shall
directly, or through referrals, provide to individuals, to
the extent practicable, comprehensive information about State
and local assistive technology venders, providers, and repair
services.
``(3) State leadership activities.--
``(A) Training and technical assistance.--
``(i) In general.--The State shall (directly or through the
provision of support to public or private entities with
demonstrated expertise in collaborating with public or
private agencies that serve individuals with disabilities)
develop and disseminate training materials, conduct training,
and provide technical assistance, for individuals from local
settings statewide, including representatives of State and
local educational agencies, State vocational rehabilitation
programs, other State and local agencies, early intervention
programs, adult service programs, hospitals and other health
care facilities, institutions of higher education, and
businesses.
``(ii) Authorized activities.--In carrying out activities
under clause (i), the State shall carry out activities that
enhance the knowledge, skills, and competencies of
individuals from local settings described in such clause,
which may include--
``(I) general awareness training on the benefits of
assistive technology and the Federal, State, and private
funding sources available to assist targeted individuals,
especially older individuals and transition-age youth with
disabilities, and entities in acquiring assistive technology;
``(II) skills-development training in assessing the need
for assistive technology devices and assistive technology
services;
``(III) training to ensure the appropriate application and
use of assistive technology devices, assistive technology
services, and accessible information and communication
technology for e-government functions;
``(IV) training in the importance of multiple approaches to
assessment and implementation necessary to meet the
individualized needs of individuals with disabilities and
older individuals; and
``(V) technical training on integrating assistive
technology into the development and implementation of service
plans, including any education, health, discharge, Olmstead,
employment, or other plan required under Federal or State
law.
``(iii) Transition assistance to individuals with
disabilities.--The State shall (directly or through the
provision of support to public or private entities) develop
and disseminate training materials, conduct training,
facilitate access to assistive technology, and provide
technical assistance, to assist--
``(I) students with disabilities, within the meaning of the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.), that receive transition services; and
``(II) adults who are individuals with disabilities
maintaining or transitioning to community living.
``(B) Public-awareness activities.--
``(i) In general.--The State shall conduct public-awareness
activities designed to provide information to targeted
individuals, including older individuals and transition-age
youth with disabilities, and entities relating to the
availability, benefits, appropriateness, and costs of
assistive technology devices and assistive technology
services, including--
``(I) the development of procedures for providing direct
communication between providers of assistive technology and
targeted individuals and entities, which may include
partnerships with entities in the statewide and local
workforce development systems established under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.),
State vocational rehabilitation programs, public and private
employers, or elementary and secondary public schools;
[[Page S6290]]
``(II) the development and dissemination to targeted
individuals, including older individuals and transition-age
youth with disabilities, and entities, of information about
State efforts related to assistive technology; and
``(III) the distribution of materials to appropriate public
and private agencies that provide social, medical,
educational, employment, and transportation services to
individuals with disabilities.
``(ii) Statewide information and referral system.--
``(I) In general.--The State shall directly, or in
collaboration with public or private (such as nonprofit)
entities, provide for the continuation and enhancement of a
statewide information and referral system designed to meet
the needs of targeted individuals and entities.
``(II) Content.--The system shall deliver information on
assistive technology devices, assistive technology services
(with specific data regarding provider availability within
the State), and the availability of resources, including
funding through public and private sources, to obtain
assistive technology devices and assistive technology
services. The system shall also deliver information on the
benefits of assistive technology devices and assistive
technology services with respect to enhancing the capacity of
individuals with disabilities of all ages to perform
activities of daily living.
``(C) Coordination and collaboration.--The State shall
coordinate activities described in paragraph (2) and this
paragraph, among public and private entities that are
responsible for policies, procedures, or funding for the
provision of assistive technology devices and assistive
technology services to individuals with disabilities, service
providers, and others to improve access to assistive
technology devices and assistive technology services for
individuals with disabilities of all ages in the State.
``(4) Indirect costs.--Not more than 10 percent of the
funds made available through a grant to a State under this
section may be used for indirect costs.
``(5) Funding rules.--
``(A) Prohibition.--Funds made available through a grant to
a State under this section shall not be used for direct
payment for an assistive technology device for an individual
with a disability.
``(B) Federal partner collaboration.--In order to provide
the maximum availability of funding to access and acquire
assistive technology through device demonstration, loan,
reuse, and State financing activities, a State receiving a
grant under this section shall ensure that the lead agency or
implementing entity is conducting outreach to and, as
appropriate, collaborating with, other State agencies that
receive Federal funding for assistive technology, including--
``(i) the State educational agency receiving assistance
under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.);
``(ii) the State vocational rehabilitation agency receiving
assistance under title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.);
``(iii) the agency responsible for administering the State
Medicaid program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.);
``(iv) the State agency receiving assistance under the
Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and
``(v) any other agency in a State that funds assistive
technology.
``(6) State flexibility.--
``(A) In general.--Notwithstanding paragraph (1)(A) and
subject to subparagraph (B), a State may use funds that the
State receives under a grant awarded under this section to
carry out any 2 or more of the activities described in
paragraph (2).
``(B) Special rule.--Notwithstanding paragraph (1)(A), any
State that exercises its authority under subparagraph (A)--
``(i) shall carry out each of the required activities
described in paragraph (3); and
``(ii) shall use not more than 30 percent of the funds made
available through the grant to carry out such activities.
``(7) Assistive technology device disposition.--
Notwithstanding other equipment disposition policy under
Federal law, an assistive technology device purchased to be
used in activities authorized under this section may be
reutilized to the maximum extent possible and then donated to
a public agency, private nonprofit agency, or individual with
a disability in need of such device.
``(f) Annual Progress Reports.--
``(1) Data collection.--Each State receiving a grant under
this section shall participate in data collection as required
by law, including data collection required for preparation of
the reports described in paragraph (2).
``(2) Reports.--
``(A) In general.--Each State shall prepare and submit to
the Secretary an annual progress report on the activities
carried out by the State in accordance with subsection (e),
including activities funded by State or non-Federal sources
under subsection (e)(1)(B) at such time, and in such manner,
as the Secretary may require.
``(B) Contents.--The report shall include data collected
pursuant to this section. The report shall document, with
respect to activities carried out under this section in the
State--
``(i) the type of State financing activities described in
subsection (e)(2)(A) used by the State;
``(ii) the amount and type of assistance given to consumers
of the State financing activities described in subsection
(e)(2)(A) (which shall be classified by type of assistive
technology device or assistive technology service financed
through the State financing activities, and geographic
distribution within the State), including--
``(I) the number of applications for assistance received;
``(II) the number of applications--
``(aa) approved;
``(bb) denied; or
``(cc) withdrawn;
``(III) the number, percentage, and dollar amount of
defaults for the financing activities;
``(IV) the range and average interest rate for the
financing activities;
``(V) the range and average income of approved applicants
for the financing activities; and
``(VI) the types and dollar amounts of assistive technology
financed;
``(iii) the number, type, and length of time of loans of
assistive technology devices provided to individuals with
disabilities, employers, public agencies, or public
accommodations through the device loan program described in
subsection (e)(2)(C), and an analysis of the individuals with
disabilities who have benefited from the device loan program;
``(iv) the number, type, estimated value, and scope of
assistive technology devices exchanged, repaired, recycled,
or reutilized (including redistributed through device sales,
loans, rentals, or donations) through the device
reutilization program described in subsection (e)(2)(B), and
an analysis of the individuals with disabilities that have
benefited from the device reutilization program;
``(v) the number and type of device demonstrations and
referrals provided under subsection (e)(2)(D), and an
analysis of individuals with disabilities who have benefited
from the demonstrations and referrals;
``(vi)(I) the number and general characteristics of
individuals who participated in training under subsection
(e)(3)(A) (such as individuals with disabilities, parents,
educators, employers, providers of employment services,
health care workers, counselors, other service providers, or
venders) and the topics of such training; and
``(II) to the extent practicable, the geographic
distribution of individuals who participated in the training;
``(vii) the frequency of provision and nature of technical
assistance provided to State and local agencies and other
entities;
``(viii) the number of individuals assisted through the
statewide information and referral system described in
subsection (e)(3)(B)(ii) and descriptions of the public
awareness activities under subsection (e)(3)(B) with high
impact;
``(ix) the outcomes of any improvement initiatives carried
out by the State as a result of activities funded under this
section, including a description of any written policies,
practices, and procedures that the State has developed and
implemented regarding access to, provision of, and funding
for, assistive technology devices, and assistive technology
services, in the contexts of education, health care,
employment, community living, and accessible information and
communication technology, including e-government;
``(x) the source of leveraged funding or other contributed
resources, including resources provided through subcontracts
or other collaborative resource-sharing agreements, from and
with public and private entities to carry out State
activities described in subsection (e)(3)(C), the number of
individuals served with the contributed resources for which
information is not reported under clauses (i) through (ix) or
clause (xi), and other outcomes accomplished as a result of
such activities carried out with the contributed resources;
and
``(xi) the level of customer satisfaction with the services
provided.
``SEC. 5. GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED
TO ASSISTIVE TECHNOLOGY.
``(a) Grants.--
``(1) In general.--The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each
State for the purpose of enabling such systems to assist in
the acquisition, utilization, or maintenance of assistive
technology devices or assistive technology services for
individuals with disabilities.
``(2) General authorities.--In providing such assistance,
protection and advocacy systems shall have the same general
authorities as the systems are afforded under subtitle C of
title I of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as
determined by the Secretary.
``(b) Reservation; Distribution.--
``(1) Reservation.--For each fiscal year, the Secretary
shall reserve, from the amounts made available to carry out
this section under section 9(b)(2)(B), such sums as may be
necessary to carry out paragraph (4).
``(2) Population basis.--From the funds appropriated for
this section for a fiscal year and remaining after the
reservation required by paragraph (1) has been made, the
Secretary shall make a grant to a protection and advocacy
system within each State in an amount bearing the same ratio
to the remaining funds as the population of the State bears
to the population of all States.
``(3) Minimums.--Subject to the availability of
appropriations and paragraph (5), the
[[Page S6291]]
amount of a grant to a protection and advocacy system under
paragraph (2) for a fiscal year shall--
``(A) in the case of a protection and advocacy system
located in American Samoa, Guam, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana Islands,
not be less than $30,000; and
``(B) in the case of a protection and advocacy system
located in a State not described in subparagraph (A), not be
less than $50,000.
``(4) Payment to the system serving the american indian
consortium.--
``(A) In general.--The Secretary shall make grants to the
protection and advocacy system serving the American Indian
Consortium to provide services in accordance with this
section.
``(B) Amount of grants.--The amount of such grants shall be
the same as the amount provided under paragraph (3)(A).
``(5) Adjustments.--For each fiscal year in which the total
amount appropriated under section 9(b)(2)(B) to carry out
this section is $8,000,000 or more and such appropriated
amount exceeds the total amount appropriated to carry out
this section in the preceding fiscal year, the Secretary
shall increase each of the minimum grant amounts described in
subparagraphs (A) and (B) of paragraph (3) by a percentage
equal to the percentage increase in the total amount
appropriated under section 9 to carry out this section for
the preceding fiscal year and such total amount for the
fiscal year for which the determination is being made.
``(c) Direct Payment.--Notwithstanding any other provision
of law, the Secretary shall pay directly to any protection
and advocacy system that complies with this section, the
total amount of the grant made for such system under this
section, unless the system provides otherwise for payment of
the grant amount.
``(d) Carryover; Program Income.--
``(1) Carryover.--Any amount paid to an eligible system for
a fiscal year under this section that remains unobligated at
the end of such fiscal year shall remain available to such
system for obligation during the subsequent fiscal year.
``(2) Program income.--Program income generated from any
amount paid to an eligible system for a fiscal year shall--
``(A) remain available to the eligible system until
expended and be considered an addition to the grant; and
``(B) only be used to improve the awareness of individuals
with disabilities about the accessibility of assistive
technology and assist such individuals in the acquisition,
utilization, or maintenance of assistive technology devices
or assistive technology services.
``(e) Report to Secretary.--An entity that receives a grant
under this section shall annually prepare and submit to the
Secretary a report that contains such information as the
Secretary may require, including documentation of the
progress of the entity in--
``(1) conducting consumer-responsive activities, including
activities that will lead to increased access for individuals
with disabilities, to funding for assistive technology
devices and assistive technology services;
``(2) engaging in informal advocacy to assist in securing
assistive technology devices and assistive technology
services for individuals with disabilities;
``(3) engaging in formal representation for individuals
with disabilities to secure systems change, and in advocacy
activities to secure assistive technology devices and
assistive technology services for individuals with
disabilities;
``(4) developing and implementing strategies to enhance the
long-term abilities of individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives to advocate the provision of assistive
technology devices and assistive technology services to which
the individuals with disabilities are entitled under law
other than this Act;
``(5) coordinating activities with protection and advocacy
services funded through sources other than this Act, and
coordinating activities with the capacity building and
advocacy activities carried out by the lead agency; and
``(6) effectively allocating funds made available under
this section to improve the awareness of individuals with
disabilities about the accessibility of assistive technology
and assist such individuals in the acquisition, utilization,
or maintenance of assistive technology devices or assistive
technology services.
``(f) Reports and Updates to State Agencies.--An entity
that receives a grant under this section shall prepare and
submit to the lead agency of the State designated under
section 4(c)(1) the report described in subsection (e) and
quarterly updates concerning the activities described in such
subsection.
``(g) Coordination.--On making a grant under this section
to an entity in a State, the Secretary shall solicit and
consider the opinions of the lead agency of the State with
respect to efforts at coordination of activities,
collaboration, and promoting outcomes between the lead agency
and the entity that receives the grant under this section.
``SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT.
``(a) Definitions.--In this section:
``(1) Qualified data collection and reporting entity.--The
term `qualified data collection and reporting entity` means
an entity with demonstrated expertise in data collection and
reporting as described in section 4(f)(2)(B), in order to--
``(A) provide recipients of grants under this Act with
training and technical assistance; and
``(B) assist such recipients with data collection and data
requirements.
``(2) Qualified protection and advocacy system technical
assistance provider.--The term `qualified protection and
advocacy system technical assistance provider` means an
entity that has experience in--
``(A) working with protection and advocacy systems
established in accordance with section 143 of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15043); and
``(B) providing technical assistance to protection and
advocacy agencies.
``(3) Qualified training and technical assistance
provider.--The term `qualified training and technical
assistance provider` means an entity with demonstrated
expertise in assistive technology and that has (directly or
through grant or contract)--
``(A) experience and expertise in administering programs,
including developing, implementing, and administering all of
the activities described in section 4(e); and
``(B) documented experience in and knowledge about--
``(i) assistive technology device loan and demonstration;
``(ii) assistive technology device reuse;
``(iii) financial loans and microlending, including the
activities of alternative financing programs for assistive
technology; and
``(iv) State leadership activities.
``(b) Technical Assistance and Data Collection Support
Authorized.--
``(1) Support for assistive technology training and
technical assistance.--From amounts made available under
section 9(b)(1), the Secretary shall award, on a competitive
basis--
``(A) 1 grant, contract, or cooperative agreement to a
qualified training and technical assistance provider to
support activities described in subsection (d)(1) for States
receiving grants under section 4; and
``(B) 1 grant, contract, or cooperative agreement to a
qualified protection and advocacy system technical assistance
provider to support activities described in subsection (d)(1)
for protection and advocacy systems receiving grants under
section 5.
``(2) Support for data collection and reporting
assistance.--From amounts made available under section
9(b)(1), the Secretary shall award, on a competitive basis--
``(A) 1 grant, contract, or cooperative agreement to a
qualified data collection and reporting entity, to enable the
qualified data collection and reporting entity to carry out
the activities described in subsection (d)(2) for States
receiving grants under section 4; and
``(B) 1 grant, contract, or cooperative agreement to a
qualified protection and advocacy system technical assistance
provider, to enable the eligible protection and advocacy
system to carry out the activities described in subsection
(d)(2) for protection and advocacy systems receiving grants
under section 5.
``(c) Application.--
``(1) In general.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, an
entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Input.--In awarding grants, contracts, or cooperative
agreements under this section and in reviewing the activities
proposed under the applications described in paragraph (1),
the Secretary shall consider the input of the recipients of
grants under sections 4 and 5 and other individuals the
Secretary determines to be appropriate, especially--
``(A) individuals with disabilities who use assistive
technology and understand the barriers to the acquisition of
such technology and assistive technology services;
``(B) family members, guardians, advocates, and authorized
representatives of such individuals;
``(C) relevant employees from Federal departments and
agencies, other than the Department of Health and Human
Services;
``(D) representatives of businesses; and
``(E) venders and public and private researchers and
developers.
``(d) Authorized Activities.--
``(1) Use of funds for assistive technology training and
technical assistance.--
``(A) Training and technical assistance efforts.--A
qualified training and technical assistance provider or
qualified protection and advocacy system technical assistance
provider receiving a grant, contract, or cooperative
agreement under subsection (b)(1) shall support a training
and technical assistance program for States or protection and
advocacy systems receiving a grant under section 4 or 5,
respectively, that--
``(i) addresses State-specific information requests
concerning assistive technology from entities funded under
this Act and public entities not funded under this Act,
including--
``(I) requests for information on effective approaches to
Federal-State coordination of programs for individuals with
disabilities related to improving funding for or access to
assistive technology devices and assistive technology
services for individuals with disabilities of all ages;
``(II) requests for state-of-the-art, or model, Federal,
State, and local laws, regulations, policies, practices,
procedures, and
[[Page S6292]]
organizational structures, that facilitate, and overcome
barriers to, funding for, and access to, assistive technology
devices and assistive technology services;
``(III) requests for information on effective approaches to
developing, implementing, evaluating, and sustaining
activities described in section 4 or 5, as the case may be,
and related to improving acquisition and access to assistive
technology devices and assistive technology services for
individuals with disabilities of all ages, and requests for
assistance in developing corrective action plans;
``(IV) requests for examples of policies, practices,
procedures, regulations, or judicial decisions that have
enhanced or may enhance access to and acquisition of
assistive technology devices and assistive technology
services for individuals with disabilities;
``(V) requests for information on effective approaches to
the development of consumer-controlled systems that increase
access to, funding for, and awareness of, assistive
technology devices and assistive technology services; and
``(VI) other requests for training and technical assistance
from entities funded under this Act;
``(ii) in the case of a program that will serve States
receiving grants under section 4--
``(I) assists targeted individuals and entities by
disseminating information and responding to requests relating
to assistive technology by providing referrals to recipients
of grants under section 4 or other public or private
resources; and
``(II) provides State-specific, regional, and national
training and technical assistance concerning assistive
technology to entities funded under this Act, other entities
funded under this Act, and public and private entities not
funded under this Act, including--
``(aa) annually providing a forum for exchanging
information concerning, and promoting program and policy
improvements in, required activities of the State assistive
technology programs;
``(bb) facilitating onsite and electronic information
sharing using state-of-the-art Internet technologies such as
real-time online discussions, multipoint video conferencing,
and web-based audio or video broadcasts, on emerging topics
that affect State assistive technology programs;
``(cc) convening experts from State assistive technology
programs to discuss and make recommendations with regard to
national emerging issues of importance to individuals with
assistive technology needs;
``(dd) sharing best practice and evidence-based practices
among State assistive technology programs;
``(ee) maintaining an accessible website that includes
links to State assistive technology programs, appropriate
Federal departments and agencies, and private associations;
``(ff) developing a resource that connects individuals from
a State with the State assistive technology program in their
State;
``(gg) providing access to experts in the areas of
assistive technology device loan and demonstration, assistive
technology device reuse, State financing, banking,
microlending, and finance, for entities funded under this
Act, through site visits, teleconferences, and other means,
to ensure access to information for entities that are
carrying out new programs or programs that are not making
progress in achieving the objectives of the programs; and
``(hh) supporting and coordinating activities designed to
reduce the financial costs of purchasing assistive technology
for the activities described in section 4(e), and reducing
duplication of activities among State assistive technology
programs; and
``(iii) includes such other activities as the Secretary may
require.
``(B) Collaboration.--In developing and providing training
and technical assistance under this paragraph, a qualified
training and technical assistance provider or qualified
protection and advocacy system technical assistance provider
shall--
``(i) collaborate with--
``(I) organizations representing individuals with
disabilities;
``(II) national organizations representing State assistive
technology programs;
``(III) organizations representing State officials and
agencies engaged in the delivery of assistive technology;
``(IV) other qualified data collection and reporting
entities and technical assistance providers;
``(V) providers of State financing activities, including
alternative financing programs for assistive technology;
``(VI) providers of device loans, device demonstrations,
and device reutilization; and
``(VII) any other organizations determined appropriate by
the provider or the Secretary; and
``(ii) in the case of a qualified training and technical
assistance provider, include activities identified as
priorities by State advisory councils and lead agencies and
implementing entities for grants under section 4.
``(2) Use of funds for assistive technology data collection
and reporting assistance.--A qualified data collection and
reporting entity or a qualified protection and advocacy
system technical assistance provider receiving a grant,
contract, or cooperative agreement under subsection (b)(2)
shall assist States or protection and advocacy systems
receiving a grant under section 4 or 5, respectively, to
develop and implement effective and accessible data
collection and reporting systems that--
``(A) focus on quantitative and qualitative data elements;
``(B) help measure the accrued benefits of the activities
to individuals who need assistive technology; and
``(C) in the case of systems that will serve States
receiving grants under section 4--
``(i) measure the outcomes of all activities described in
section 4(e) and the progress of the States toward achieving
the measurable goals described in section 4(d)(3)(C); and
``(ii) provide States with the necessary information
required under this Act or by the Secretary for reports
described in section 4(f)(2).
``SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.
``(a) Definition of Project of National Significance.--In
this section, the term `project of national significance`--
``(1) means a project that--
``(A) increases access to, and acquisition of, assistive
technology; and
``(B) creates opportunities for individuals with
disabilities to directly and fully contribute to, and
participate in, all facets of education, employment,
community living, and recreational activities; and
``(2) may--
``(A) develop and expand partnerships between State
Medicaid agencies and recipients of grants under section 4 to
reutilize durable medical equipment;
``(B) increase collaboration between the recipients of
grants under section 4 and States receiving grants under the
Money Follows the Person Rebalancing Demonstration under
section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C.
1396a note);
``(C) increase collaboration between recipients of grants
under section 4 and area agencies on aging, as such term is
defined in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002), which may include collaboration on emergency
preparedness, safety equipment, or assistive technology
toolkits;
``(D) provide aid to assist youth with disabilities
(including youth with intellectual and developmental
disabilities) to transition from school to adult life,
especially in--
``(i) finding employment and postsecondary education
opportunities; and
``(ii) upgrading and changing any assistive technology
devices that may be needed as a youth matures;
``(E) increase access to and acquisition of assistive
technology addressing the needs of aging individuals and
aging caregivers in the community;
``(F) increase effective and efficient use of assistive
technology as part of early intervention for infants and
toddlers with disabilities from birth to age 3;
``(G) increase awareness of and access to the Disability
Funds-Financial Assistance funding provided by the Community
Development Financial Institutions Fund that supports
acquisition of assistive technology; and
``(H) increase awareness of and access to other federally
funded disability programs or increase knowledge of assistive
technology, as determined appropriate by the Secretary.
``(b) Projects Authorized.--If funds are available pursuant
to section 9(c) to carry out this section for a fiscal year,
the Secretary may award, on a competitive basis, grants,
contracts, and cooperative agreements to public or private
nonprofit entities to enable the entities to carry out
projects of national significance.
``(c) Application.--A public or private nonprofit entity
desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Award Basis.--
``(1) Priority.--In awarding grants under this section, the
Secretary shall give priority to a public or private
nonprofit entity funded under section 4 or 5 for the most
recent award period.
``(2) Preference.--For each grant award period, the
Secretary may give preference for 1 or more categories of
projects of national significance described in subparagraphs
(A) through (H) of subsection (a)(2) or another category
identified by the Secretary, if the Secretary determines that
there is a reason to prioritize that category of project.
``(e) Minimum Funding Level Required.--The Secretary may
only award grants, contracts, or cooperative agreements under
this section if the amount made available under section 9 to
carry out sections 4, 5, and 6 is equal to or greater than
$49,000,000.
``SEC. 8. ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--
``(1) In general.--Notwithstanding any other provision of
law, the Administrator of the Administration for Community
Living shall be responsible for the administration of this
Act.
``(2) Collaboration.--The Administrator of the
Administration for Community Living shall consult with the
Office of Special Education Programs of the Department of
Education, the Rehabilitation Services Administration of the
Department of Education, the Office of Disability Employment
Policy of the Department of Labor, the National Institute on
Disability, Independent Living, and Rehabilitation Research,
and other appropriate Federal entities in the administration
of this Act.
``(3) Administration.--
[[Page S6293]]
``(A) In general.--In administering this Act, the
Administrator of the Administration for Community Living
shall ensure that programs funded under this Act will
address--
``(i) the needs of individuals with all types of
disabilities and across the lifespan; and
``(ii) the use of assistive technology in all potential
environments, including employment, education, and community
living, or for other reasons.
``(B) Funding limitations.--For each fiscal year, not more
than \1/2\ of 1 percent of the total funding appropriated for
this Act shall be used by the Administrator of the
Administration for Community Living to support the
administration of this Act.
``(b) Review of Participating Entities.--
``(1) In general.--The Secretary shall assess the extent to
which entities that receive grants under this Act are
complying with the applicable requirements of this Act and
achieving measurable goals that are consistent with the
requirements of the grant programs under which the entities
received the grants.
``(2) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under
subsection (d).
``(c) Corrective Action and Sanctions.--
``(1) Corrective action.--If the Secretary determines that
an entity that receives a grant under this Act fails to
substantially comply with the applicable requirements of this
Act, or to make substantial progress toward achieving the
measurable goals described in subsection (b)(1) with respect
to the grant program, the Secretary shall assist the entity,
through technical assistance funded under section 6 or other
means, within 90 days after such determination, to develop a
corrective action plan.
``(2) Sanctions.--If the entity fails to develop and comply
with a corrective action plan described in paragraph (1)
during a fiscal year, the entity shall be subject to 1 of the
following corrective actions selected by the Secretary:
``(A) Partial or complete termination of funding under the
grant program, until the entity develops and complies with
such a plan.
``(B) Ineligibility to participate in the grant program in
the following year.
``(C) Reduction in the amount of funding that may be used
for indirect costs under section 4 for the following year.
``(D) Required redesignation of the lead agency designated
under section 4(c)(1) or an entity responsible for
administering the grant program.
``(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act,
or have not made substantial progress toward achieving the
measurable goals described in subsection (b)(1).
``(4) Secretarial action.--As part of the annual report
required under subsection (d), the Secretary shall describe
each such action taken under paragraph (1) or (2) and the
outcomes of each such action.
``(5) Public notification.--The Secretary shall notify the
public, by posting on the internet website of the Department
of Health and Human Services, of each action taken by the
Secretary under paragraph (1) or (2). As a part of such
notification, the Secretary shall describe each such action
taken under paragraph (1) or (2) and the outcomes of each
such action.
``(d) Annual Report to Congress.--
``(1) In general.--Not later than December 31 of each year,
the Secretary shall prepare, and submit to the President and
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and Labor of the
House of Representatives, a report on the activities funded
under this Act to improve the access of assistive technology
devices and assistive technology services to individuals with
disabilities.
``(2) Contents.--Such report shall include--
``(A) a compilation and summary of the information provided
by the States in annual progress reports submitted under
section 4(f); and
``(B) a summary of the State applications described in
section 4(d) and an analysis of the progress of the States in
meeting the measurable goals established in State
applications under section 4(d)(3)(C).
``(e) Construction.--Nothing in this section shall be
construed to affect the enforcement authority of the
Secretary, another Federal officer, or a court under part D
of the General Education Provisions Act (20 U.S.C. 1234 et
seq.) or other applicable law.
``(f) Effect on Other Assistance.--This Act may not be
construed as authorizing a Federal or State agency to reduce
medical or other assistance available, or to alter
eligibility for a benefit or service, under any other Federal
law.
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND
DISTRIBUTION OF FUNDS.
``(a) In General.--There are authorized to be appropriated
to carry out this Act--
``(1) $60,000,000 for fiscal year 2023; and
``(2) such sums as may be necessary for each of fiscal
years 2024 through 2027.
``(b) Reservations and Distribution of Funds.--Of the funds
made available under subsection (a) to carry out this Act and
subject to subsection (c), the Secretary shall--
``(1) reserve an amount equal to 3 percent of such
available funds to carry out section 6(b)(1) and section
6(b)(2); and
``(2) of the amounts remaining after the reservation under
paragraph (1)--
``(A) use 85.5 percent of such amounts to carry out section
4; and
``(B) use 14.5 percent of such amounts to carry out section
5.
``(c) Limit for Projects of National Significance.--In any
fiscal year for which the amount made available under
subsection (a) exceeds $49,000,000 the Secretary may reserve
an amount, which shall not exceed the lesser of the excess
amount made available or $2,000,000, for section 7 before
carrying out subsection (b).``.
SEC. 6053. EFFECTIVE DATE.
This subtitle, and the amendments made by this subtitle,
shall take effect on the day that is 6 months after the date
of enactment of this Act.
TITLE LXI--CIVILIAN PERSONNEL MATTERS
SEC. 6101. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT AT
THE CYBERSECURITY AND INFRASTRUCTURE SECURITY
AGENCY.
(a) Definitions.--In this section:
(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;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives;
(D) the Committee on Oversight and Reform of the House of
Representatives; and
(E) the Committee on Appropriations of the House of
Representatives.
(3) Civilian cybersecurity reserve.--The term ``Civilian
Cybersecurity Reserve`` means the Civilian Cybersecurity
Reserve at the Agency established under subsection (b).
(4) Competitive service.--The term ``competitive service``
has the meaning given the term in section 2102 of title 5,
United States Code.
(5) Director.--The term ``Director`` means the Director of
the Agency.
(6) Excepted service.--The term ``excepted service`` has
the meaning given the term in section 2103 of title 5, United
States Code.
(7) Pilot project.--The term ``pilot project`` means the
pilot project established by subsection (b).
(8) Significant incident.--The term ``significant
incident``--
(A) means an incident or a group of related incidents that
results, or is likely to result, in demonstrable harm to--
(i) the national security interests, foreign relations, or
economy of the United States; or
(ii) the public confidence, civil liberties, or public
health and safety of the people of the United States; and
(B) does not include an incident or a portion of a group of
related incidents that occurs on--
(i) a national security system, as defined in section 3552
of title 44, United States Code; or
(ii) an information system described in paragraph (2) or
(3) of section 3553(e) of title 44, United States Code.
(9) Temporary position.--The term ``temporary position``
means a position in the competitive or excepted service for a
period of 180 days or less.
(10) Uniformed services.--The term ``uniformed services``
has the meaning given the term in section 2101 of title 5,
United States Code.
(b) Pilot Project.--There is established a pilot project
under which the Director may establish a Civilian
Cybersecurity Reserve at the Agency in accordance with
subsection (c).
(c) Civilian Cybersecurity Reserve at the Cybersecurity and
Infrastructure Security Agency.--
(1) Purpose.--The purpose of a Civilian Cybersecurity
Reserve is to enable the Agency to effectively respond to
significant incidents.
(2) Alternative methods.--Consistent with section 4703 of
title 5, United States Code, in carrying out the pilot
project, the Director may, without further authorization from
the Office of Personnel Management, provide for alternative
methods of--
(A) establishing qualifications requirements for,
recruitment of, and appointment to positions; and
(B) classifying positions.
(3) Appointments.--Under the pilot project, upon occurrence
of a significant incident, the Director--
(A) may activate members of the Civilian Cybersecurity
Reserve by--
(i) noncompetitively appointing members of the Civilian
Cybersecurity Reserve to temporary positions in the
competitive service; or
(ii) appointing members of the Civilian Cybersecurity
Reserve to temporary positions in the excepted service;
(B) shall notify Congress whenever a member is activated
under subparagraph (A); and
(C) may appoint not more than 30 members to the Civilian
Cybersecurity Reserve under subparagraph (A) at any time.
[[Page S6294]]
(4) Status as employees.--An individual appointed under
paragraph (3) shall be considered a Federal civil service
employee under section 2105 of title 5, United States Code.
(5) Additional employees.--Individuals appointed under
paragraph (3) shall be in addition to any employees of the
Agency who provide cybersecurity services.
(6) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-
discrimination in reemployment of individuals appointed under
paragraph (3), provided that such regulations shall include,
at a minimum, those rights and obligations set forth under
chapter 43 of title 38, United States Code.
(7) Status in reserve.--During the period beginning on the
date on which an individual is recruited by the Agency to
serve in the Civilian Cybersecurity Reserve and ending on the
date on which the individual is appointed under paragraph
(3), and during any period in between any such appointments,
the individual shall not be considered a Federal employee.
(8) Eligibility; application and selection.--
(A) In general.--Under the pilot project, the Director
shall establish criteria for--
(i) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(ii) the application and selection processes for the
Civilian Cybersecurity Reserve.
(B) Requirements for individuals.--The criteria established
under subparagraph (A)(i) with respect to an individual shall
include--
(i) previous employment--
(I) by the executive branch;
(II) within the uniformed services;
(III) as a Federal contractor within the executive branch;
or
(IV) by a State, local, Tribal, or territorial government;
(ii) if the individual has previously served as a member of
the Civilian Cybersecurity Reserve, that the previous
appointment ended not less than 60 days before the individual
may be appointed for a subsequent temporary position in the
Civilian Cybersecurity Reserve; and
(iii) cybersecurity expertise.
(C) Prescreening.--The Director shall--
(i) conduct a prescreening of each individual prior to
appointment under paragraph (3) for any topic or product that
would create a conflict of interest; and
(ii) require each individual appointed under paragraph (3)
to notify the Director if a potential conflict of interest
arises during the appointment.
(D) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Director to become such a
member, which shall set forth the rights and obligations of
the individual and the Agency.
(E) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(F) Priority.--In appointing individuals to the Civilian
Cybersecurity Reserve, the Agency shall prioritize the
appointment of individuals described in subclause (I) or (II)
of subparagraph (B)(i) before considering individuals
described in subclause (III) or (IV) of subparagraph (B)(i).
(G) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve
in the Civilian Cybersecurity Reserve.
(9) Security clearances.--
(A) In general.--The Director shall ensure that all members
of the Civilian Cybersecurity Reserve undergo the appropriate
personnel vetting and adjudication commensurate with the
duties of the position, including a determination of
eligibility for access to classified information where a
security clearance is necessary, according to applicable
policy and authorities.
(B) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance
in order to carry out the duties of the member, the Agency
shall be responsible for the cost of sponsoring the security
clearance of the member.
(10) Study and implementation plan.--
(A) Study.--Not later than 60 days after the date of the
enactment of this Act, the Director shall begin a study on
the design and implementation of the pilot project,
including--
(i) compensation and benefits for members of the Civilian
Cybersecurity Reserve;
(ii) activities that members may undertake as part of their
duties;
(iii) methods for identifying and recruiting members,
including alternatives to traditional qualifications
requirements;
(iv) methods for preventing conflicts of interest or other
ethical concerns as a result of participation in the pilot
project and details of mitigation efforts to address any
conflict of interest concerns;
(v) resources, including additional funding, needed to
carry out the pilot project;
(vi) possible penalties for individuals who do not respond
to activation when called, in accordance with the rights and
procedures set forth under title 5, Code of Federal
Regulations; and
(vii) processes and requirements for training and
onboarding members.
(B) Implementation plan.--Not later than one year after
beginning the study required under subparagraph (A), the
Director shall--
(i) submit to the appropriate congressional committees an
implementation plan for the pilot project; and
(ii) provide to the appropriate congressional committees a
briefing on the implementation plan.
(C) Prohibition.--The Director may not take any action to
begin implementation of the pilot project until the Director
fulfills the requirements under subparagraph (B).
(11) Project guidance.--If the Director establishes the
Civilian Cybersecurity Reserve, not later than two years
after the date of the enactment of this Act, the Director
shall, in consultation with the Office of Personnel
Management and the Office of Government Ethics, issue
guidance establishing and implementing the pilot project.
(12) Briefings and report.--
(A) Briefings.--Not later than one year after the date on
which the Director issues guidance establishing and
implementing the pilot project under paragraph (11), and
every year thereafter until the date on which the pilot
project terminates under subsection (d), the Director shall
provide to the appropriate congressional committees a
briefing on activities carried out under the pilot project,
including--
(i) participation in the Civilian Cybersecurity Reserve,
including the number of participants, the diversity of
participants, and any barriers to recruitment or retention of
members;
(ii) an evaluation of the ethical requirements of the pilot
project;
(iii) whether the Civilian Cybersecurity Reserve has been
effective in providing additional capacity to the Agency
during significant incidents; and
(iv) an evaluation of the eligibility requirements for the
pilot project.
(B) Report.--Not earlier than 180 days and not later than
90 days before the date on which the pilot project terminates
under subsection (d), the Director shall submit to the
appropriate congressional committees a report and provide a
briefing on recommendations relating to the pilot project,
including recommendations for--
(i) whether the pilot project should be modified, extended
in duration, or established as a permanent program, and if
so, an appropriate scope for the program;
(ii) how to attract participants, ensure a diversity of
participants, and address any barriers to recruitment or
retention of members of the Civilian Cybersecurity Reserve;
(iii) the ethical requirements of the pilot project and the
effectiveness of mitigation efforts to address any conflict
of interest concerns; and
(iv) an evaluation of the eligibility requirements for the
pilot project.
(13) Evaluation.--Not later than three years after the
Civilian Cybersecurity Reserve is established under
subsection (b), the Comptroller General of the United States
shall--
(A) conduct a study evaluating the pilot project; and
(B) submit to Congress--
(i) a report on the results of the study; and
(ii) a recommendation with respect to whether the pilot
project should be modified, extended in duration, or
established as a permanent program.
(d) Sunset.--The pilot project required under subsection
(b) shall terminate on the date that is four years after the
date on which the pilot project is established.
(e) No Additional Funds.--
(1) In general.--No additional funds are authorized to be
appropriated for the purpose of carrying out this section.
(2) Existing authorized amounts.--Funds to carry out this
section may, as provided in advance in appropriations Acts,
only come from amounts authorized to be appropriated to the
Agency.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 6201. SECURITY COOPERATION ACTIVITIES AT COUNTER-UAS
TRAINING ACADEMY.
(a) Sense of Congress.--Congress--
(1) supports the Department of Defense`s decision to
establish the Counter-UAS Training Academy at Fort Sill,
Oklahoma (in this section referred to as the ``C-UAS
Academy``);
(2) believes the C-UAS Academy will play an important role
in synchronizing training on counter-drone tactics across the
military services;
(3) recognizes the important role of the C-UAS Academy in
the military education and training of foreign partners on
counter-unmanned aircraft systems operations; and
(4) encourages the Department of Defense to utilize the C-
UAS Academy to expand such efforts.
(b) Briefing on Security Cooperation Efforts.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall brief the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on how the Department of Defense
intends to bolster security cooperation activities with
allies and partners at the C-UAS Academy, including an
identification of any shortfalls in resourcing or gaps in
authorities that could inhibit these security cooperation
efforts.
[[Page S6295]]
SEC. 6202. UNITED STATES - ISRAEL ARTIFICIAL INTELLIGENCE
CENTER.
(a) Short Title.--This section may be cited as the ``United
States - Israel Artificial Intelligence Center Act``.
(b) Defined Term.--The term ``foreign country of concern``
means the People`s Republic of China, the Democratic People`s
Republic of Korea, the Russian Federation, the Islamic
Republic of Iran, and any other country that the Secretary of
State determines to be a country of concern.
(c) Establishment of Center.--The Secretary of State, in
consultation with the Secretary of Commerce, the Director of
the National Science Foundation, and the heads of other
relevant Federal agencies, shall establish the United States
- Israel Artificial Intelligence Center (referred to in this
section as the ``Center``) in the United States.
(d) Purpose.--The purpose of the Center shall be to
leverage the experience, knowledge, and expertise of
institutions of higher education and private sector entities
in the United States and the State of Israel (referred to in
this section as ``Israel``) to develop more robust research
and development cooperation in the areas of--
(1) machine learning;
(2) image classification;
(3) object detection;
(4) speech recognition;
(5) natural language processing;
(6) data labeling;
(7) computer vision; and
(8) model explainability and interpretability.
(e) Artificial Intelligence Principles.--In carrying out
the purpose described in subsection (d), the Center shall
adhere to the principles for the use of artificial
intelligence in the Federal Government set forth in section 3
of Executive Order 13960 (85 Fed. Reg. 78939).
(f) International Partnerships.--
(1) In general.--The Secretary of State and the heads of
other relevant Federal agencies, subject to the availability
of appropriations, may enter into agreements supporting and
enhancing dialogue and planning involving international
partnerships between the Department of State or such agencies
and the Government of Israel and its ministries, offices, and
institutions.
(2) Federal share.--Not more than 50 percent of the costs
of implementing the agreements entered into pursuant to
paragraph (1) may be paid by the United States Government.
(g) Limitations.--The Center is prohibited from receiving
any investment from or contracting with--
(1) any individual or entity with ties to any entity
affiliated (officially or unofficially) with the Chinese
Communist Party, the People`s Liberation Army, or the
government of a foreign country of concern;
(2) any entity owned, controlled by, or affiliated with the
Chinese Communist Party or the People`s Republic of China, or
in which the government of a foreign country of concern has
an ownership interest; or
(3) any entity on the Entity List that is maintained by the
Bureau of Industry and Security of the Department of Commerce
and set forth in Supplement No. 4 to part 744 of title 15,
Code of Federal Regulations .
(h) Counterintelligence Screening.--Not later than 180 days
after the date of the enactment of this Act, and not later
than each December 31 thereafter, Director of National
Intelligence, in collaboration with the Director of the
National Counterintelligence and Security Center and the
Director of the Federal Bureau of Investigation, shall--
(1) assess--
(A) whether the Center or its participant institutions pose
a counterintelligence threat to the United States;
(B) what specific measures the Center has implemented to
ensure that intellectual property developed with the
assistance of the Center has sufficient protections in place
to preclude misuse of United States intellectual property,
research and development, and innovation efforts; and
(C) other threats from a foreign country of concern and
other entities; and
(2) submit a report to Congress containing the results of
the assessment described in paragraph (1).
(i) Authorization of Appropriations.--There is authorized
to be appropriated for the Center $10,000,000 for each of the
fiscal years 2023 through 2027 to carry out this section.
Subtitle C--Matters Relating to Europe and the Russian Federation
SEC. 6231. BRIEFING ON SUPPORTING GOVERNMENT OF UKRAINE TO
MITIGATE, TREAT, AND REHABILITATE TRAUMATIC
EXTREMITY INJURIES AND TRAUMATIC BRAIN INJURIES
OF UKRAINIAN SOLDIERS.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) 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 the Russian
Federation;
(2) the Senate applauds efforts by the Secretary of Defense
to provide treatment in medical facilities of the United
States Armed Forces through the Secretarial Designee Program;
and
(3) the Senate encourages 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.
(b) Briefing.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall assess, and
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.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) 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.
(B) 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.
(C) A determination 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.
SEC. 6232. PROHIBITION AGAINST UNITED STATES RECOGNITION OF
THE RUSSIAN FEDERATION`S CLAIM OF SOVEREIGNTY
OVER ANY PORTION OF UKRAINE.
(a) Statement of Policy.--It is the policy of the United
States not to recognize the Russian Federation`s claim of
sovereignty over any portion of the internationally-
recognized territory of Ukraine, including its airspace and
its territorial waters.
(b) Prohibition.--In accordance with subsection (a), no
Federal department or agency may take any action or extend
any assistance that implies recognition of the Russian
Federation`s claim of sovereignty over any portion of the
internationally-recognized territory of Ukraine, including
its airspace and its territorial waters.
SEC. 6233. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND
OTHER MATTERS.
(a) Temporary Authorizations for Covered Agreements Related
to Ukraine.--
(1) Covered agreement defined.--In this subsection, the
term ``covered agreement`` includes a contract, subcontract,
transaction, or modification of a contract, subcontract, or
transaction awarded by the Department of Defense--
(A) to build the stocks of critical munitions of the
Department;
(B) to provide materiel and related services to foreign
allies and partners that have provided support to the
Government of Ukraine; and
(C) to provide materiel and related services to the
Government of Ukraine.
(2) Public interest.--
(A) In general.--A covered agreement may be presumed to be
in the public interest for purposes of meeting the
requirements of subsection (a)(7) of section 3204 of title
10, United States Code.
(B) Procedures.--Notwithstanding the provisions of
subsection (a)(7) of section 3204 of title 10, United States
Code, with respect to a covered agreement--
(i) the Secretary of Defense may delegate the authority
under that subsection to an officer or employee who--
(I) in the case of an officer or employee who is a member
of the Armed Forces, is serving in a grade at or above
brigadier general or rear admiral (lower half); or
(II) in the case of a civilian officer or employee, is
serving in a position with a grade under the General Schedule
(or any other schedule for civilian officers or employees)
that is comparable to or higher than the grade of brigadier
general or rear admiral (lower half); and
(ii) not later than 7 days before using the applicable
procedures under section 3204 of title 10, United States
Code, the Secretary, or a designee of the Secretary, shall
submit to the congressional defense committees a written
notification of the use of such procedures.
(C) Documentation.--Consistent with paragraph (4)(C) of
subsection (e) of section 3204 of title 10, United States
Code, the documentation otherwise required by paragraph (1)
of such subsection is not required in the case of a covered
agreement permitted by subsection (a)(7) of such section.
(3) Procurement authorities.--The special emergency
procurement authorities provided under subsections (b) and
(c) of section 1903 of title 41, United States Code, may be
used by the Department of Defense for a covered agreement.
(4) Contract financing.--The Secretary may waive the
provisions of subsections (a) and (c) of section 3372 of
title 10, United States Code, for a covered agreement.
(5) Technical data packages for large-caliber cannon.--The
requirements of section 7542 of title 10, United States Code,
do
[[Page S6296]]
not apply to the transfer of technical data to an
international partner for the production of large-caliber
cannons produced for--
(A) the replacement of defense articles from stocks of the
Department of Defense provided to the Government of Ukraine
or to foreign countries that have provided support to Ukraine
at the request of the United States, or
(B) contracts awarded by the Department of Defense to
provide materiel directly to the Government of Ukraine.
(6) Temporary exemption from certified cost and pricing
data requirements.--
(A) In general.--The requirements under section 3702 of
title 10, United States Code, shall not apply to a covered
agreement awarded on a Fixed Price Incentive Firm Target
basis, where target price equals ceiling price, and the
Government Underrun Share ratio is 100 percent with a cap for
profit of 15 percent of target cost.
(B) Use of exemption.--The following shall apply to an
exemption under subparagraph (A):
(i) Awarded profit dollars shall be fixed, but the
contractor may ultimately realize a profit rate of higher
than 15 percent in relation to its final actual cost.
(ii) The prices negotiated by the Federal Government shall
not exceed the most recent negotiated prices for the same
items while allowing for appropriate adjustments, including
those for quantity differences or relevant, applicable
economic indices.
(C) Application.--An exemption under subparagraph (A) shall
apply to subcontracts under prime contracts that are exempt
under this paragraph.
(7) Termination of temporary authorizations.--The
provisions of this subsection shall terminate on September
30, 2024.
(b) Modification of Cooperative Logistic Support
Agreements: NATO Countries.--Section 2350d of title 10,
United States Code, is amended--
(1) in the section heading, by striking ``logistic
support`` and inserting ``acquisition and logistics
support``;
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``logistics support`` and inserting ``acquisition and
logistics support``; and
(ii) in subparagraph (B), by striking ``logistic support``
and inserting ``acquisition and logistics support``; and
(B) in paragraph (2)(B), by striking ``logistics support``
and inserting ``armaments and logistics support``; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Partnership Agreement`` and inserting ``Partnership
Agreement or Arrangement``;
(B) in paragraph (1)--
(i) by striking ``supply and acquisition of logistics
support in Europe for requirements`` and inserting ``supply,
services, support, and acquisition, including armaments for
requirements``; and
(ii) by striking ``supply and acquisition are appropriate``
and inserting ``supply, services, support, and acquisition
are appropriate``; and
(C) in paragraph (2), by striking ``logistics support``
each place it appears and inserting ``acquisition and
logistics support``.
(c) Contract Authority.--
(1) Procurement authorized.--In fiscal years 2023 and 2024,
the Secretary of Defense may enter into one or more contracts
for the procurement of up to--
(A) 750,000 XM1128 and XM1123 (155mm rounds);
(B) 30,000 AGM-114 Hellfire;
(C) 36,000 AGM-179 Joint Air-to-Ground Missiles (JAGM);
(D) 700 M142 High Mobility Artillery Rocket Systems
(HIMARS);
(E) 6,000 MGM-140 Army Tactical Missile Systems (ATACMS);
(F) 1,000 Harpoons;
(G) 800 Naval Strike Missiles;
(H) 100,000 Guided Multiple Launch Rocket Systems (GMLRS);
(I) 10,000 PATRIOT Advanced Capability - 3 (PAC-3) Missile
Segment Enhancement (MSE);
(J) 20,000 FIM-92 Stinger;
(K) 25,000 FGM-148 Javelin;
(L) 20,000 AIM-120 Advanced Medium-Range Air-to-Air Missile
(AMRAAM); and
(M) 1,000 M777 Howitzer.
(2) Procurement in conjunction with existing contracts.--
The systems authorized to be procured under paragraph (1) may
be procured as additions to existing contracts covering such
programs.
(3) Certification required.--A contract may not be entered
into under paragraph (1) unless the Secretary certifies to
the congressional defense committees in writing, not later
than 7 days before entry into the contract, each of the
following, which shall be prepared by the milestone decision
authority for each such program:
(A) The use of such a contract is consistent with the
projected force structure requirements for such program.
(B) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of--
(i) the estimated end cost and appropriated funds by fiscal
year, by system, without the authority provided in paragraph
(1);
(ii) the estimated end cost and appropriated funds by
fiscal year, by system, with the authority provided in
paragraph (1);
(iii) the estimated cost savings or increase by fiscal
year, by system, with the authority provided in paragraph
(1);
(iv) the discrete actions that will accomplish such cost
savings or avoidance; and
(v) the contractual actions that will ensure the estimated
cost savings are realized.
(C) There is a reasonable expectation that throughout the
contemplated contract period the Secretary will request
funding for the contract at the level required to avoid
contract cancellation.
(D) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(E) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under paragraph (1) are realistic.
(F) The use of such a contract will promote the national
security of the United States.
(G) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program (as defined in section 221 of title 10, United States
Code) for such fiscal year will include the funding required
to execute the program without cancellation.
(4) Authority for advance procurement.--The Secretary may
enter into one or more contracts for advance procurement
associated with a program for which authorization to enter
into a contract is provided under paragraph (1) and for
systems and subsystems associated with such program in
economic order quantities when cost savings are achievable.
(5) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year is subject to the availability of
appropriations for that purpose for such fiscal year.
SEC. 6234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER
SOVEREIGN UKRAINIAN TERRITORY.
(a) In General.--Section 1234 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1974) is amended--
(1) in the section heading, by striking ``crimea`` and
inserting ``sovereign ukranian territory``; and
(2) in subsection (a), by striking ``over Crimea`` and
inserting ``over territory internationally recognized to be
the sovereign territory of Ukraine, including Crimea and
territory the Russian Federation claimed to have annexed in
Kherson Oblast, Zaporizhzhia Oblast, Donetsk Oblast, and
Luhansk Oblast``.
(b) Clerical Amendments.--The tables of sections in section
2(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1541) and at the
beginning of title XII of such Act (135 Stat. 1956) are
amended, in the matter relating to section 1234, by striking
``Crimea`` and inserting ``sovereign Ukranian territory``.
SEC. 6235. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE,
SUPPLY, OR TRANSFER OF GOLD TO OR FROM RUSSIA.
(a) Identification.--Not later than 90 days after the date
of the enactment of this Act, and periodically as necessary
thereafter, the President--
(1) shall submit to Congress a report identifying foreign
persons that knowingly participated in a significant
transaction--
(A) for the sale, supply, or transfer (including
transportation) of gold, directly or indirectly, to or from
the Russian Federation or the Government of the Russian
Federation, including from reserves of the Central Bank of
the Russian Federation held outside the Russian Federation;
or
(B) that otherwise involved gold in which the Government of
the Russian Federation had any interest; and
(2) shall impose the sanctions described in subsection
(b)(1) with respect to each such person; and
(3) may impose the sanctions described in subsection (b)(2)
with respect to any such person that is an alien.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of a foreign person
identified in the report required by subsection (a)(1) if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in subsection (a)(1) is
subject to revocation of any
[[Page S6297]]
visa or other entry documentation regardless of when the visa
or other entry documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the alien`s possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a
person if the President--
(1) determines that such a waiver is in the national
interests of the United States; and
(2) submits to Congress a notification of the waiver and
the reasons for the waiver.
(e) Termination.--
(1) In general.--Except as provided in paragraph (2), the
requirement to impose sanctions under this section, and any
sanctions imposed under this section, shall terminate on the
earlier of--
(A) the date that is 3 years after the date of the
enactment of this Act; or
(B) the date that is 30 days after the date on which the
President certifies to Congress that--
(i) the Government of the Russian Federation has ceased its
destabilizing activities with respect to the sovereignty and
territorial integrity of Ukraine; and
(ii) such termination in the national interests of the
United States.
(2) Transition rules.--
(A) Continuation of certain authorities.--Any authorities
exercised before the termination date under paragraph (1) to
impose sanctions with respect to a foreign person under this
section may continue to be exercised on and after that date
if the President determines that the continuation of those
authorities is in the national interests of the United
States.
(B) Application to ongoing investigations.--The termination
date under paragraph (1) shall not apply to any investigation
of a civil or criminal violation of this section or any
regulation, license, or order issued to carry out this
section, or the imposition of a civil or criminal penalty for
such a violation, if--
(i) the violation occurred before the termination date; or
(ii) the person involved in the violation continues to be
subject to sanctions pursuant to subparagraph (A).
(f) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement and national security activities.--This section
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence, law enforcement, or national security
activities of the United States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) may not apply with respect
to the admission of an alien to the United States if such
admission is necessary to comply with the obligations of the
United States under the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, between the United
Nations and the United States, or the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other international obligations.
(3) Humanitarian exemption.--The President shall not impose
sanctions under this section with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices
or for the provision of humanitarian assistance.
(4) Exception relating to importation of goods.--
(A) In general.--The requirement or authority to impose
sanctions under this section shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term ``good``
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(g) Definitions.--In this section:
(1) The terms ``admission``, ``admitted``, ``alien``, and
``lawfully admitted for permanent residence`` have the
meanings given those terms in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(2) The term ``foreign person`` means an individual or
entity that is not a United States person.
(3) The term ``knowingly``, with respect to conduct, a
circumstance, or a result, means that a person has actual
knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) The term ``United States person`` means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
Subtitle D--Matters Relating to the Indo-Pacific Region
SEC. 6241. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE
PURCHASES AND INVESTMENTS MADE BY THE
GOVERNMENT OF THE PEOPLE`S REPUBLIC OF CHINA
AND ENTITIES DIRECTED OR BACKED BY THE
GOVERNMENT OF THE PEOPLE`S REPUBLIC OF CHINA.
(a) In General.--The Secretary of State, in coordination
with the Director of National Intelligence, the Secretary of
Defense, and the head of any other agency the Secretary of
State considers necessary, shall conduct a review of port and
port-related infrastructure purchases and investments
critical to the interests and national security of the United
States made by--
(1) the Government of the People`s Republic of China;
(2) entities directed or backed by the Government of the
People`s Republic of China; and
(3) entities with beneficial owners that include the
Government of the People`s Republic of China or a private
company controlled by the Government of the People`s Republic
of China.
(b) Elements.--The review required by subsection (a) shall
include the following:
(1) A list of port and port-related infrastructure
purchases and investments described in that subsection,
prioritized in order of the purchases or investments that
pose the greatest threat to United States economic, defense,
and foreign policy interests.
(2) An analysis of the effects the consolidation of such
investments, or the assertion of control by the Government of
the People`s Republic of China over entities described in
paragraph (2) or (3) of that subsection, would have on
Department of State, Office of the Director of National
Intelligence, and Department of Defense contingency plans.
(3) A description of the integration into ports of
technologies developed and produced by the Government of the
People`s Republic of China or entities described in
paragraphs (2) or (3) of subsection (a), and the data and
cyber security risks posed by such integration.
(4) A description of past and planned efforts by the
Secretary of State, the Director of National Intelligence,
and the Secretary of Defense to address such purchases,
investments, and consolidation of investments or assertion of
control.
(c) Coordination With Other Federal Agencies.--In
conducting the review required by subsection (a), the
Secretary of State may coordinate with the head of any other
Federal agency, as the Secretary of State considers
appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate committees of Congress a report on
the results of the review under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress`` means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Port.--The term ``port`` means--
(A) any port--
(i) on the navigable waters of the United States; or
(ii) that is considered by the Secretary of State to be
critical to United States interests; and
(B) any harbor, marine terminal, or other shoreside
facility used principally for the movement of goods on inland
waters that the Secretary of State considers critical to
United States interests.
(3) Port-related infrastructure.--The term ``port-related
infrastructure`` includes--
(A) crane equipment;
(B) logistics, information, and communications systems; and
(C) any other infrastructure the Secretary of State
considers appropriate.
SEC. 6242. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States must increase its diplomatic activity
and presence in the Pacific, particularly among Pacific
Island nations; and
(2) the Special Envoy to the Pacific Islands Forum--
(A) should be used to coordinate policies across the
Pacific region with like-minded democracies; and
[[Page S6298]]
(B) should have a direct line to the President and the
Secretary of State to communicate regarding the unique and
particular needs of Pacific partner nations.
(b) Special Envoy to the Pacific Islands Forum.--Section 1
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (h) (as added by section
361(a)(1) of division FF of Public Law 116-260) as subsection
(k); and
(2) by adding at the end the following:
``(l) Special Envoy to the Pacific Islands Forum.--
``(1) Appointment.--The President shall appoint, by and
with the advice and consent of the Senate, either the United
States Ambassador to a country that is a member of the
Pacific Islands Forum or another qualified individual to
serve as Special Envoy to the Pacific Islands Forum (referred
to in this section as the `Special Envoy`). If an Ambassador
is appointed to serve as the Special Envoy pursuant this
paragraph, he or she may not begin such service until after
Senate confirmation to such position and shall serve
concurrently as an Ambassador and as the Special Envoy
without receiving additional compensation.
``(2) Duties.--The Special Envoy shall--
``(A) represent the United States in its role as dialogue
partner to the Pacific Islands Forum; and
``(B) carry out such other duties as the President or the
Secretary of State may prescribe.``.
Subtitle F--Other Matters
SEC. 6271. ELIGIBILITY OF PORTUGUESE TRADERS AND INVESTORS
FOR E-1 AND E-2 NONIMMIGRANT VISAS.
(a) Short Titles.--This Act may be cited as the ``Advancing
Mutual Interests and Growing Our Success Act`` or the
``AMIGOS Act``.
(b) Nonimmigrant Traders and Investors.--For purposes of
clauses (i) and (ii) of section 101(a)(15)(E) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)),
Portugal shall be considered to be a foreign state described
in such section if the Government of Portugal provides
similar nonimmigrant status to nationals of the United
States.
(c) Modification of Eligibility Criteria for E Visas.--
Section 101(a)(15)(E) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(E)) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``(or, in the case of an alien who
acquired the relevant nationality through a financial
investment and who has not previously been granted status
under this subparagraph, the foreign state of which the alien
is a national and in which the alien has been domiciled for a
continuous period of not less than 3 years at any point
before applying for a nonimmigrant visa under this
subparagraph)`` before ``, and the spouse``; and
(B) by striking ``him`` and inserting ``such alien``; and
(2) by striking ``he`` each place such term appears and
inserting ``the alien``.
SEC. 6272. GLOBAL FOOD SECURITY.
(a) Short Title.--The section may be cited as the ``Global
Food Security Reauthorization Act of 2022``.
(b) Findings.--Section 2 of the Global Food Security Act of
2016 (22 U.S.C. 9301) is amended by striking ``Congress
makes`` and all that follows through ``(3) A comprehensive``
and inserting ``Congress finds that a comprehensive``.
(c) Statement of Policy Objectives; Sense of Congress.--
Section 3(a) of such Act (22 U.S.C. 9302(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``programs, activities, and initiatives that`` and inserting
``comprehensive, multi-sectoral programs, activities, and
initiatives that consider agriculture and food systems in
their totality and that``.
(2) in paragraph (1), by striking ``and economic freedom
through the coordination`` and inserting ``, economic
freedom, and security through the phasing, sequencing, and
coordination``;
(3) by striking paragraphs (3) and (4) and inserting the
following:
``(3) increase the productivity, incomes, and livelihoods
of small-scale producers and artisanal fishing communities,
especially women in these communities, by working across
terrestrial and aquatic food systems and agricultural value
chains, including by--
``(A) enhancing local capacity to manage agricultural
resources and food systems effectively and expanding producer
access to, and participation in, local, regional, and
international markets;
``(B) increasing the availability and affordability of high
quality nutritious and safe foods and clean water;
``(C) creating entrepreneurship opportunities and improving
access to business development related to agriculture and
food systems, including among youth populations, linked to
local, regional, and international markets; and
``(D) enabling partnerships to facilitate the development
of and investment in new agricultural technologies to support
more resilient and productive agricultural practices;
``(4) build resilience to agriculture and food systems
shocks and stresses, including global food catastrophes in
which conventional methods of agriculture are unable to
provide sufficient food and nutrition to sustain the global
population, among vulnerable populations and households
through inclusive growth, while reducing reliance upon
emergency food and economic assistance;``;
(4) by amending paragraph (6) to read as follows:
``(6) improve the nutritional status of women, adolescent
girls, and children, with a focus on reducing child stunting
and incidence of wasting, including through the promotion of
highly nutritious foods, diet diversification, large-scale
food fortification, and nutritional behaviors that improve
maternal and child health and nutrition, especially during
the first 1,000-day window until a child reaches 2 years of
age;``; and
(5) in paragraph (7)--
(A) by striking ``science and technology,`` and inserting
``combating fragility, resilience, science and technology,
natural resource management``; and
(B) by inserting ``, including deworming,`` after
``nutrition,``.
(d) Definitions.--Section 4 of the Global Food Security Act
of 2016 (22 U.S.C. 9303) is amended--
(1) in paragraph (2), by inserting ``, including in
response to shocks and stresses to food and nutrition
security`` before the period at the end;
(2) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Food system.--The term `food system` means the intact
or whole unit made up of interrelated components of people,
behaviors, relationships, and material goods that interact in
the production, processing, packaging, transporting, trade,
marketing, consumption, and use of food, feed, and fiber
through aquaculture, farming, wild fisheries, forestry, and
pastoralism that operates within and is influenced by social,
political, economic, and environmental contexts.``;
(4) in paragraph (6), as redesignated, by amending
subparagraph (H) to read as follows:
``(H) local agricultural producers, including farmer and
fisher organizations, cooperatives, small-scale producers,
youth, and women; and``;
(5) in paragraph (7), as redesignated, by inserting ``the
Inter-American Foundation,`` after ``United States African
Development Foundation,``;
(6) in paragraph (9), as redesignated--
(A) by inserting ``agriculture and food`` before
``systems``; and
(B) by inserting ``, including global food catastrophes,``
after ``food security``;
(7) in paragraph (10), as redesignated, by striking
``fishers`` and inserting ``artisanal fishing communities``;
(8) in paragraph (11), as redesignated, by amending
subparagraphs (D) and (E) to read as follows:
``(D) is a marker of an environment deficient in the
various needs that allow for a child`s healthy growth,
including nutrition; and
``(E) is associated with long-term poor health, delayed
motor development, impaired cognitive function, and decreased
immunity``;
(9) in paragraph (13), as redesignated, by striking
``agriculture and nutrition security`` and inserting ``food
and nutrition security and agriculture-led economic growth``;
and
(10) by adding at the end the following:
``(14) Wasting.--The term `wasting` means--
``(A) a life-threatening condition attributable to poor
nutrient intake or disease that is characterized by a rapid
deterioration in nutritional status over a short period of
time; and
``(B) in the case of children, is characterized by low
weight for height and weakened immunity, increasing their
risk of death due to greater frequency and severity of common
infection, particularly when severe.``.
(e) Comprehensive Global Food Security Strategy.--Section
5(a) of the Global Food Security Act of 2016 (22 U.S.C. 9304)
is amended--
(1) in paragraph (4), by striking ``country-owned
agriculture, nutrition, and food security policy and
investment plans`` and inserting ``partner country-led
agriculture, nutrition, regulatory, food security, and water
resources management policy and investment plans and
governance systems``;
(2) by amending paragraph (5) to read as follows:
``(5) support the locally-led and inclusive development of
agriculture and food systems, including by enhancing the
extent to which small-scale food producers, especially women,
have access to and control over the inputs, skills, resource
management capacity, networking, bargaining power, financing,
market linkages, technology, and information needed to
sustainably increase productivity and incomes, reduce poverty
and malnutrition, and promote long-term economic
prosperity;``;
(3) in paragraph (6)--
(A) by inserting ``, adolescent girls,`` after ``women``;
and
(B) by inserting ``and preventing incidence of wasting``
after ``reducing child stunting``;
(4) in paragraph (7), by inserting ``poor water resource
management and`` after ``including``;
(5) in paragraph (8)--
(A) by striking ``the long term success of programs`` and
inserting ``long-term impact``; and
(B) by inserting ``, including agricultural research
capacity,`` after ``institutions``;
[[Page S6299]]
(6) in paragraph (9), by striking ``integrate resilience
and nutrition strategies into food security programs, such
that chronically vulnerable populations are better able to``
and inserting ``coordinate with and complement relevant
strategies to ensure that chronically vulnerable populations
are better able to adapt,``;
(7) by redesignating paragraph (17) as paragraph (22);
(8) by redesignating paragraphs (12) through (16) as
paragraphs (14) through (18), respectively;
(9) by striking paragraphs (10) and (11) and inserting the
following:
``(10) develop community and producer resilience and
adaptation strategies to disasters, emergencies, and other
shocks and stresses to food and nutrition security, including
conflicts, droughts, flooding, pests, and diseases, that
adversely impact agricultural yield and livelihoods;
``(11) harness science, technology, and innovation,
including the research and extension activities supported by
the private sector, relevant Federal departments and
agencies, Feed the Future Innovation Labs or any successor
entities, and international and local researchers and
innovators, recognizing that significant investments in
research and technological advances will be necessary to
reduce global poverty, hunger, and malnutrition;
``(12) use evidenced-based best practices, including
scientific and forecasting data, and improved planning and
coordination by, with, and among key partners and relevant
Federal departments and agencies to identify, analyze,
measure, and mitigate risks, and strengthen resilience
capacities;
``(13) ensure scientific and forecasting data is accessible
and usable by affected communities and facilitate
communication and collaboration among local stakeholders in
support of adaptation planning and implementation, including
scenario planning and preparedness using seasonal forecasting
and scientific and local knowledge;``;
(10) in paragraph (15), as redesignated, by inserting
``nongovernmental organizations, including`` after ``civil
society,``;
(11) in paragraph (16), as redesignated, by inserting ``and
coordination, as appropriate,`` after ``collaboration``;
(12) in paragraph (18), as redesignated, by striking
``section 8(b)(4); and`` and inserting ``section 8(a)(4);``;
and
(13) by inserting after paragraph (18), as redesignated,
the following:
``(19) improve the efficiency and resilience of
agricultural production, including management of crops,
rangelands, pastures, livestock, fisheries, and aquacultures;
``(20) ensure investments in food and nutrition security
consider and integrate best practices in the management and
governance of natural resources and conservation, especially
among food insecure populations living in or near biodiverse
ecosystems;
``(21) be periodically updated in a manner that reflects
learning and best practices; and``.
(f) Periodic Updates.--Section 5 of the Global Food
Security Act of 2016 (22 U.S.C. 9304), as amended by
subsection (e), is further amended by adding at the end the
following:
``(d) Periodic Updates.--Not less frequently than
quinquennially through fiscal year 2030, the President, in
consultation with the head of each relevant Federal
department and agency, shall submit to the appropriate
congressional committees updates to the Global Food Security
Strategy required under subsection (a) and the agency-
specific plans described in subsection (c)(2).``.
(g) Authorization of Appropriations to Implement the Global
Food Security Strategy.--Section 6(b) of such Act (22 U.S.C.
9305(b)) is amended--
(1) by striking ``$1,000,600,000 for each of fiscal years
2017 through 2023`` and inserting ``$1,200,000,000 for each
of the fiscal years 2024 through 2028``; and
(2) by adding at the end the following: ``Amounts
authorized to appropriated under this subsection should be
prioritized to carry out programs and activities in target
countries.``.
(h) Emergency Food Security Program.--
(1) In general.--Section 7 of the Global Food Security Act
of 2016 (22 U.S.C. 9306) is amended by striking ``(a) Sense
of Congress.--`` and all that follows through ``It shall be``
and inserting ``It shall be``.
(2) Authorization of appropriations.--Section 492(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2292a(a)) is
amended by striking ``$2,794,184,000 for each of fiscal years
2017 through 2023, of which up to $1,257,382,000`` and
inserting ``$3,905,460,000 for each of the fiscal years 2024
through 2028, of which up to $1,757,457,000``.
(i) Reports.--Section 8(a) of the Global Food Security Act
of 2016 (22 U.S.C. 9307) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``During each of the first 7 years after
the date of the submission of the strategy required under
section 5(c),`` and inserting ``For each of the fiscal years
2024 through 2028,``;
(B) by striking ``reports that describe`` and inserting ``a
report that describes``; and
(C) by striking ``at the end of the reporting period`` and
inserting ``during the preceding year``;
(2) in paragraph (2), by inserting ``, including any
changes to the target countries selected pursuant to the
selection criteria described in section 5(a)(2) and
justifications for any such changes`` before the semicolon at
the end;
(3) in paragraph (3), by inserting ``identify and`` before
``describe``;
(4) by redesignating paragraphs (12) through (14) as
paragraphs (15) through (17), respectively;
(5) by redesignating paragraphs (5) through (11) as
paragraphs (7) through (13), respectively;
(6) by striking paragraph (4) and inserting the following:
``(4) identify and describe the priority quantitative
metrics used to establish baselines and performance targets
at the initiative, country, and zone of influence levels;
``(5) identify such established baselines and performance
targets at the country and zone of influence levels;
``(6) identify the output and outcome benchmarks and
indicators used to measure results annually, and report the
annual measurement of results for each of the priority
metrics identified pursuant to paragraph (4), disaggregated
by age, gender, and disability, to the extent practicable and
appropriate, in an open and transparent manner that is
accessible to the people of the United States;``;
(7) in paragraph (7), as redesignated, by striking
``agriculture`` and inserting ``food``;
(8) in paragraph (8), as redesignated--
(A) by inserting ``quantitative and qualitative`` after
``how``; and
(B) by inserting ``at the initiative, country, and zone of
influence levels, including longitudinal data and key
uncertainties`` before the semicolon at the end;
(9) in paragraph (9), as redesignated, by inserting
``within target countries, amounts and justification for any
spending outside of target countries`` after ``amounts
spent``;
(10) in paragraph (13), as redesignated, by striking ``and
the impact of private sector investment`` and inserting ``and
efforts to encourage financial donor burden sharing and the
impact of such investment and efforts``;
(11) by inserting after paragraph (13), as redesignated,
the following:
``(14) describe how agriculture research is prioritized
within the Global Food Security Strategy to support
agriculture-led growth and eventual self-sufficiency and
assess efforts to coordinate research programs within the
Global Food Security Strategy with key stakeholders;``;
(12) in paragraph (16), as redesignated, by striking
``and`` at the end;
(13) in paragraph (17), as redesignated--
(A) by inserting ``, including key challenges or
missteps,`` after ``lessons learned``; and
(B) by striking the period at the end and inserting ``;
and``; and
(14) by adding at the end the following:
``(18) during the final year of each strategy required
under section 5, complete country graduation reports to
determine whether a country should remain a target country
based on quantitative and qualitative analysis.``.
SEC. 6273. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING.
(a) Short Title.--This section may be cited as the
``Eliminate, Neutralize, and Disrupt Wildlife Trafficking
Reauthorization and Improvements Act of 2022``.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should continue to work
with international partners, including nations,
nongovernmental organizations, and the private sector, to
identify long-standing and emerging areas of concern in
wildlife poaching and trafficking related to global supply
and demand; and
(2) the activities and required reporting of the
Presidential Task Force on Wildlife Trafficking, established
by Executive Order 13648 (78 Fed. Reg. 40621), and modified
by sections 201 and 301 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and
7631) should be reauthorized to minimize the disruption of
the work of such Task Force.
(c) Definitions.--Section 2 of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601)
is amended--
(1) in paragraph (3), by inserting ``involving local
communities`` after ``approach to conservation``;
(2) by amending paragraph (4) to read as follows:
``(4) Country of concern.--The term `country of concern`
means a foreign country specially designated by the Secretary
of State pursuant to section 201(b) as a major source of
wildlife trafficking products or their derivatives, a major
transit point of wildlife trafficking products or their
derivatives, or a major consumer of wildlife trafficking
products, in which--
``(A) the government has actively engaged in, or knowingly
profited from, the trafficking of protected species; or
``(B) the government facilitates such trafficking through
conduct that may include a persistent failure to make serious
and sustained efforts to prevent and prosecute such
trafficking.``; and
(3) in paragraph (11), by striking ``section 201`` and
inserting ``section 301``.
(d) Framework for Interagency Response and Reporting.--
(1) Reauthorization of report on major wildlife trafficking
countries.--Section 201 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is
amended--
[[Page S6300]]
(A) in subsection (a), by striking ``annually thereafter``
and inserting ``biennially thereafter by June 1 of each year
in which a report is required``; and
(B) by striking subsection (c) and inserting the following:
``(c) Designation.--A country may be designated as a
country of concern under subsection (b) regardless of such
country`s status as a focus country.
``(d) Procedure for Removing Countries From List.--In the
first report required under this section submitted after the
date of the enactment of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Reauthorization and Improvements
Act of 2022, the Secretary of State, in consultation with the
Secretary of the Interior and the Secretary of Commerce,
shall publish, in the Federal Register, a procedure for
removing from the list in the biennial report any country of
concern that no longer meets the definition of country of
concern under section 2(4).
``(e) Sunset.--This section shall cease to have force or
effect on September 30, 2028.``.
(2) Presidential task force on wildlife trafficking
responsibilities.--Section 301(a) of the Eliminate,
Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16
U.S.C. 7631(a)) is amended--
(A) in paragraph (4), by striking ``and`` at the end;
(B) by redesignating paragraph (5) as paragraph (9); and
(C) by inserting after paragraph (4) the following:
``(5) pursue programs and develop a strategy--
``(A) to expand the role of technology for anti-poaching
and anti-trafficking efforts, in partnership with the private
sector, foreign governments, academia, and nongovernmental
organizations (including technology companies and the
transportation and logistics sectors); and
``(B) to enable local governments to develop and use such
technologies;
``(6) consider programs and initiatives that address the
expansion of the illegal wildlife trade to digital platforms,
including the use of digital currency and payment platforms
for transactions by collaborating with the private sector,
academia, and nongovernmental organizations, including social
media, e-commerce, and search engine companies, as
appropriate;
``(7)(A) implement interventions to address the drivers of
poaching, trafficking, and demand for illegal wildlife and
wildlife products in focus countries and countries of
concern;
``(B) set benchmarks for measuring the effectiveness of
such interventions; and
``(C) consider alignment and coordination with indicators
developed by the Task Force;
``(8) consider additional opportunities to increase
coordination between law enforcement and financial
institutions to identify trafficking activity; and``.
(3) Presidential task force on wildlife trafficking
strategic review.--Section 301 of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C.
7631), as amended by paragraph (2), is further amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``annually`` and inserting ``biennially``;
(ii) in paragraph (4), by striking ``and`` at the end;
(iii) in paragraph (5), by striking the period at the end
and inserting ``; and``; and
(iv) by adding at the end the following:
``(6) an analysis of the indicators developed by the Task
Force, and recommended by the Government Accountability
Office, to track and measure inputs, outputs, law enforcement
outcomes, and the market for wildlife products for each focus
country listed in the report, including baseline measures, as
appropriate, for each indicator in each focus country to
determine the effectiveness and appropriateness of such
indicators to assess progress and whether additional or
separate indicators, or adjustments to indicators, may be
necessary for focus countries.``; and
(B) in subsection (e), by striking ``5 years after`` and
all that follows and inserting ``on September 30, 2028``.
SEC. 6274. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY.
(a) In General.--Chapter 7 of title 10, United States Code,
is amended by inserting after section 182 the following new
section:
``SEC. 182A. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY.
``(a) Establishment.--The Secretary of Defense may operate
a Center for Excellence in Environmental Security (in this
section referred to as the `Center`).
``(b) Missions.--(1) The Center shall be used to provide
and facilitate education, training, and research in civil-
military operations, particularly operations that require
international assistance and operations that require
coordination between the Department of Defense and other
agencies.
``(2) The Center shall be used to provide and facilitate
education, training, interagency coordination, and research
on the following additional matters:
``(A) Management of the consequences of environmental
insecurity with respect to--
``(i) access to water, food, and energy;
``(ii) related health matters; and
``(iii) matters relating to when, how, and why
environmental stresses to human safety, health, water,
energy, and food will cascade to economic, social, political,
or national security events.
``(B) Appropriate roles for the reserve components in
response to environmental insecurity resulting from natural
disasters.
``(C) Meeting requirements for information in connection
with regional and global disasters, including the use of
advanced communications technology as a virtual library.
``(3) The Center shall be granted access to the data,
archives, talent and physical capability of all Federal
agencies to enable the development of global environmental
indicators.
``(4) The Center shall perform such other missions as the
Secretary of Defense may specify.
``(c) Joint Operation With Educational Institution
Authorized.--The Secretary of Defense may enter into an
agreement with appropriate officials of an institution of
higher education to provide for operation of the Center. Any
such agreement shall provide for the institution to furnish
necessary administrative services for the Center, including
administration and allocation of funds.
``(d) Acceptance of Donations.--
``(1) Except as provided in paragraph (2), the Secretary of
Defense may accept, on behalf of the Center, donations to be
used to defray the costs of the Center or to enhance the
operation of the Center. Such donations may be accepted from
any agency of the Federal Government, any State or local
government, any foreign government, any foundation or other
charitable organization (including any that is organized or
operates under the laws of a foreign country), or any other
private source in the United States or a foreign country.
``(2) The Secretary may not accept a donation under
paragraph (1) if the acceptance of the donation would
compromise or appear to compromise--
``(A) the ability of the Department of Defense, any
employee of the Department, or members of the armed forces,
to carry out any responsibility or duty of the Department in
a fair and objective manner; or
``(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
``(3) The Secretary shall prescribe written guidance
setting forth the criteria to be used in determining whether
or not the acceptance of a foreign donation would have a
result described in paragraph (2).
``(4) Funds accepted by the Secretary under paragraph (1)
as a donation on behalf of the Center shall be credited to
appropriations available to the Department of Defense for the
Center. Funds so credited shall be merged with the
appropriations to which credited and shall be available for
the Center for the same purposes and the same period as the
appropriations with which merged.``.
(b) Conforming Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 182 the following new item:
``182a. Center for Excellence in Environmental Security``.
Subtitle G--United States-Ecuador Partnership Act of 2022
SEC. 6281. SHORT TITLE; TABLE OF CONTENTS.
This subtitle may be cited as the ``United States-Ecuador
Partnership Act of 2022``.
SEC. 6282. FINDINGS.
(a) Findings.--Congress makes the following findings:
(1) The United States and Ecuador have a history of
bilateral cooperation grounded in mutual respect, shared
democratic values, and mutual security interests.
(2) On February 7, 2021, and April 11, 2021, Ecuador held
democratic elections that included parties from across the
political spectrum, paving the way for continued progress
towards strengthening democratic institutions.
(3) The United States and Ecuador share strategic interests
in strengthening Ecuador`s democratic institutions,
generating inclusive economic growth, and building capacity
in law enforcement, anti-corruption, and conservation
efforts.
(4) The United States and Ecuador historically have enjoyed
strong commercial, investment, and economic ties, yet Ecuador
continues to face significant challenges to inclusive
economic development, including--
(A) the heavy economic toll of the COVID-19 pandemic;
(B) vulnerabilities with respect to the growing role of the
People`s Republic of China in the financing and refinancing
of Ecuador`s debts, and in strategic infrastructure projects
and sectors of the Ecuadorian economy; and
(C) the need to develop and strengthen open and transparent
economic policies that strengthen Ecuador`s integration with
global markets, inclusive economic growth, and opportunities
for upward social mobility for the Ecuadorian people.
(5) Since its establishment in December 2019, the United
States Development Finance Corporation has provided more than
$440,000,000 in financing to Ecuador.
(6) Ecuador`s justice system has taken important steps to
fight corruption and criminality and to increase
accountability. However, enduring challenges to the rule of
law in Ecuador, including the activities of transnational
criminal organizations, illicit mining, illegal, unreported,
and unregulated (IUU) fishing, and undemocratic actors,
present ongoing risks for political and social stability in
Ecuador.
(7) The activities undertaken by the Government of the
People`s Republic of China in
[[Page S6301]]
Ecuador, including its development of the ECU-911 video
surveillance and facial recognition system, financing of the
corruptly managed and environmentally deleterious Coca Codo
Sinclair Dam, and support for illegal, unreported, and
unregulated fishing practices around the Galapagos Islands,
pose risks to democratic governance and biodiversity in the
country.
(8) Ecuador, which is home to several of the Earth`s most
biodiverse ecosystems, including the Galapagos Islands, the
headwaters of the Amazon river, the Condor mountain range,
and the Yasuni Biosphere Reserve, has seen a reduction in its
rainforests between 1990 and 2016, due in part to the
incursion of criminal networks into protected areas.
(9) On March 24, 2021, the Senate unanimously approved
Senate Resolution 22 (117th Congress), reaffirming the
partnership between the United States and the Republic of
Ecuador, and recognizing the restoration and advancement of
economic relations, security, and development opportunities
in both nations.
(10) On August 13, 2021, the United States and Ecuador
celebrated the entry into force of the Protocol to the Trade
and Investment Council Agreement between the Government of
the United States of America and the Government of the
Republic of Ecuador Relating to Trade Rules and Transparency,
recognizing the steps Ecuador has taken to decrease
unnecessary regulatory burden and create a more transparent
and predictable legal framework for foreign direct investment
in recent years.
SEC. 6283. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should take additional steps to
strengthen its bilateral partnership with Ecuador, including
by developing robust trade and investment frameworks,
increasing law enforcement cooperation, renewing the
activities of the United States Agency for International
Development in Ecuador, and supporting Ecuador`s response to
and recovery from the COVID-19 pandemic, as necessary and
appropriate; and
(2) strengthening the United States-Ecuador partnership
presents an opportunity to advance core United States
national security interests and work with other democratic
partners to maintain a prosperous, politically stable, and
democratic Western Hemisphere that is resilient to malign
foreign influence.
SEC. 6284. FACILITATING ECONOMIC AND COMMERCIAL TIES.
The Secretary of State, in coordination with the Secretary
of Commerce, the United States Trade Representative, the
Secretary of the Treasury, and the heads of other relevant
Federal departments and agencies, as appropriate, shall
develop and implement a strategy to strengthen commercial and
economic ties between the United States and Ecuador by--
(1) promoting cooperation and information sharing to
encourage awareness of and increase trade and investment
opportunities between the United States and Ecuador;
(2) supporting efforts by the Government of Ecuador to
promote a more open, transparent, and competitive business
environment, including by lowering trade barriers,
implementing policies to reduce trading times, and improving
efficiencies to expedite customs operations for importers and
exporters of all sizes, in all sectors, and at all entry
ports in Ecuador;
(3) establishing frameworks or mechanisms to review the
long term financial sustainability and security implications
of foreign investments in Ecuador in strategic sectors or
services;
(4) establishing competitive and transparent infrastructure
project selection and procurement processes in Ecuador that
promote transparency, open competition, financial
sustainability, and robust adherence to global standards and
norms;
(5) developing programs to help the Government of Ecuador
improve efficiency and transparency in customs
administration, including through support for the Government
of Ecuador`s ongoing efforts to digitize its customs process
and accept electronic documents required for the import,
export, and transit of goods under specific international
standards, as well as related training to expedite customs,
security, efficiency, and competitiveness;
(6) spurring digital transformation that would advance--
(A) the provision of digitized government services with the
greatest potential to improve transparency, lower business
costs, and expand citizens` access to public services and
public information;
(B) the provision of transparent and affordable access to
the internet and digital infrastructure; and
(C) best practices to mitigate the risks to digital
infrastructure by doing business with communication networks
and communications supply chains with equipment and services
from companies with close ties to or susceptible to pressure
from governments or security services without reliable legal
checks on governmental powers; and
(7) identifying, as appropriate, a role for the United
States International Development Finance Corporation, the
Millennium Challenge Corporation, the United States Agency
for International Development, and the United States private
sector in supporting efforts to increase private sector
investment and strengthen economic prosperity.
SEC. 6285. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT.
The Administrator of the United States Agency for
International Development, in coordination with the Secretary
of State and the heads of other relevant Federal departments
and agencies, as appropriate, shall develop and implement a
strategy and related programs to support inclusive economic
development across Ecuador`s national territory by--
(1) facilitating increased access to public and private
financing, equity investments, grants, and market analysis
for small and medium-sized businesses;
(2) providing technical assistance to local governments to
formulate and enact local development plans that invest in
Indigenous and Afro-Ecuadorian communities;
(3) connecting rural agricultural networks, including
Indigenous and Afro-Ecuadorian agricultural networks, to
consumers in urban centers and export markets, including
through infrastructure construction and maintenance programs
that are subject to audits and carefully designed to minimize
potential environmental harm;
(4) partnering with local governments, the private sector,
and local civil society organizations, including
organizations representing marginalized communities and
faith-based organizations, to provide skills training and
investment in support of initiatives that provide
economically viable, legal alternatives to participating in
illegal economies; and
(5) connecting small scale fishing enterprises to consumers
and export markets, in order to reduce vulnerability to
organized criminal networks.
SEC. 6286. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND
NEGATIVE FOREIGN INFLUENCE.
The Secretary of State shall develop and implement a
strategy and related programs to increase the capacity of
Ecuador`s justice system and law enforcement authorities to
combat illicit economies, corruption, transnational criminal
organizations, and the harmful influence of malign foreign
and domestic actors by--
(1) providing technical assistance and support to
specialized units within the Attorney General`s office to
combat corruption and to promote and protect internationally
recognized human rights in Ecuador, including the
Transparency and Anti-Corruption Unit, the Anti-Money
Laundering Unit, the Task Force to Combat Corruption in
Central America, and the Environmental Crimes Unit;
(2) strengthening bilateral assistance and complementary
support through multilateral anti-corruption mechanisms, as
necessary and appropriate, to counter corruption and recover
assets derived from corruption, including through
strengthening independent inspectors general to track and
reduce corruption;
(3) improving the technical capacity of prosecutors and
financial institutions in Ecuador to combat corruption by--
(A) detecting and investigating suspicious financial
transactions, and conducting asset forfeitures and criminal
analysis; and
(B) combating money laundering, financial crimes, and
extortion;
(4) providing technical assistance and material support
(including, as appropriate, radars, vessels, and
communications equipment) to vetted specialized units of
Ecuador`s national police and the armed services to disrupt,
degrade, and dismantle organizations involved in illicit
narcotics trafficking, transnational criminal activities,
illicit mining, and illegal, unregulated, and unreported
fishing, among other illicit activities;
(5) providing technical assistance to address challenges
related to Ecuador`s penitentiary and corrections system;
(6) strengthening the regulatory framework of mining
through collaboration with key Ecuadorian institutions, such
as the Interior Ministry`s Special Commission for the Control
of Illegal Mining and the National Police`s Investigative
Unit on Mining Crimes, and providing technical assistance in
support of their law enforcement activities;
(7) providing technical assistance to judges, prosecutors,
and ombudsmen to increase capacity to enforce laws against
human smuggling and trafficking, illicit mining, illegal
logging, illegal, unregulated, and unreported (IUU) fishing,
and other illicit economic activities;
(8) providing support to the Government of Ecuador to
prevent illegal, unreported, and unregulated fishing,
including through expanding detection and response
capabilities, and the use of dark vessel tracing technology;
(9) supporting multilateral efforts to stem illegal,
unreported, and unregulated fishing with neighboring
countries in South America and within the South Pacific
Regional Fisheries Management Organisation;
(10) assisting the Government of Ecuador`s efforts to
protect defenders of internationally recognized human rights,
including through the work of the Office of the Ombudsman of
Ecuador, and by encouraging the inclusion of Indigenous and
Afro-Ecuadorian communities and civil society organizations
in this process;
(11) supporting efforts to improve transparency, uphold
accountability, and build capacity within the Office of the
Comptroller General;
[[Page S6302]]
(12) enhancing the institutional capacity and technical
capabilities of defense and security institutions of Ecuador
to conduct national or regional security missions, including
through regular bilateral and multilateral cooperation,
foreign military financing, international military education,
and training programs, consistent with applicable Ecuadorian
laws and regulations;
(13) enhancing port management and maritime security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of
people, goods, and services; and
(14) strengthening cybersecurity cooperation--
(A) to effectively respond to cybersecurity threats,
including state-sponsored threats;
(B) to share best practices to combat such threats;
(C) to help develop and implement information architectures
that respect individual privacy rights and reduce the risk
that data collected through such systems will be exploited by
malign state and non-state actors;
(D) to strengthen resilience against cyberattacks,
misinformation, and propaganda; and
(E) to strengthen the resilience of critical
infrastructure.
SEC. 6287. STRENGTHENING DEMOCRATIC GOVERNANCE.
(a) Strengthening Democratic Governance.--The Secretary of
State, in coordination with the Administrator of the United
States Agency for International Development, should develop
and implement initiatives to strengthen democratic governance
in Ecuador by supporting--
(1) measures to improve the capacity of national and
subnational government institutions to govern through
transparent, inclusive, and democratic processes;
(2) efforts that measurably enhance the capacity of
political actors and parties to strengthen democratic
institutions and the rule of law;
(3) initiatives to strengthen democratic governance,
including combating political, administrative, and judicial
corruption and improving transparency of the administration
of public budgets; and
(4) the efforts of civil society organizations and
independent media--
(A) to conduct oversight of the Government of Ecuador and
the National Assembly of Ecuador;
(B) to promote initiatives that strengthen democratic
governance, anti-corruption standards, and public and private
sector transparency; and
(C) to foster political engagement between the Government
of Ecuador, including the National Assembly of Ecuador, and
all parts of Ecuadorian society, including women, indigenous
communities, and Afro-Ecuadorian communities.
(b) Legislative Strengthening.--The Administrator of the
United States Agency for International Development, working
through the Consortium for Elections and Political Process
Strengthening or any equivalent or successor mechanism, shall
develop and implement programs to strengthen the National
Assembly of Ecuador by providing training and technical
assistance to--
(1) members and committee offices of the National Assembly
of Ecuador, including the Ethics Committee and Audit
Committee;
(2) assist in the creation of entities that can offer
comprehensive and independent research and analysis on
legislative and oversight matters pending before the National
Assembly, including budgetary and economic issues; and
(3) improve democratic governance and government
transparency, including through effective legislation.
(c) Bilateral Legislative Cooperation.--To the degree
practicable, in implementing the programs required under
subsection (b), the Administrator of the United States Agency
for International Development should facilitate meetings and
collaboration between members of the United States Congress
and the National Assembly of Ecuador.
SEC. 6288. FOSTERING CONSERVATION AND STEWARDSHIP.
The Administrator of the United States Agency for
International Development, in coordination with the Secretary
of State and the heads of other relevant Federal departments
and agencies, shall develop and implement programs and
enhance existing programs, as necessary and appropriate, to
improve ecosystem conservation and enhance the effective
stewardship of Ecuador`s natural resources by--
(1) providing technical assistance to Ecuador`s Ministry of
the Environment to safeguard national parks and protected
forests and protected species, while promoting the
participation of Indigenous communities in this process;
(2) strengthening the capacity of communities to access the
right to prior consultation, encoded in Article 57 of the
Constitution of Ecuador and related laws, executive decrees,
administrative acts, and ministerial regulations;
(3) supporting Indigenous and Afro-Ecuadorian communities
as they raise awareness of threats to biodiverse ancestral
lands, including through support for local media in such
communities and technical assistance to monitor illicit
activities;
(4) partnering with the Government of Ecuador in support of
reforestation and improving river, lake, and coastal water
quality;
(5) providing assistance to communities affected by illegal
mining and deforestation; and
(6) fostering mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by--
(A) establishing regional preparedness, recovery, and
emergency management centers to facilitate rapid response to
survey and help maintain planning on regional disaster
anticipated needs and possible resources; and
(B) training disaster recovery officials on latest
techniques and lessons learned from United States
experiences.
SEC. 6289. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD
VESSELS.
(a) Sense of Congress.--It is the sense of Congress that
the United States should undertake efforts to expand
cooperation with the Government of Ecuador to--
(1) ensure protections for the Galapagos Marine Reserve;
(2) deter illegal, unreported, and unregulated fishing; and
(3) increase interdiction of narcotics trafficking and
other forms of illicit trafficking.
(b) Authority to Transfer Excess Coast Guard Vessels to the
Government of Ecuador.--The President shall conduct a joint
assessment with the Government of Ecuador to ensure
sufficient capacity exists to maintain Island class cutters.
Upon completion of a favorable assessment, the President is
authorized to transfer up to two ISLAND class cutters to the
Government of Ecuador as excess defense articles pursuant to
the authority of section 516 of the Foreign Assistance Act
(22 U.S.C. 2321j).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to another country on a grant basis pursuant to authority
provided by subsection (b) shall not be counted against the
aggregate value of excess defense articles transferred in any
fiscal year under section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j).
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this
section shall be charged to the recipient notwithstanding
section 516(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(e)).
(e) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the recipient to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed, before the vessel joins the naval forces of
that recipient, performed at a shipyard located in the United
States.
(f) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the 3-
year period beginning on the date of the enactment of this
Act.
SEC. 6289A. REPORTING REQUIREMENTS.
(a) Secretary of State.--The Secretary of State, in
coordination with the heads of other relevant Federal
departments and agencies as described in sections 6284, 6286,
and 6287(a), shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate congressional
committees a comprehensive strategy to address the
requirements described in sections 6284, 6286, and 6287(a);
and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(b) Administrator of the United States Agency for
International Development.--The Administrator of the United
States Agency for International Development, in coordination
with the heads of other relevant Federal departments and
agencies as described in sections 6285, 6287(b), and 6288,
shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to appropriate congressional committees a
comprehensive strategy to address the requirements described
in sections 6284, 6287(b), and 6288; and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(c) Submission.--The strategies and reports required under
subsections (a) and (b) may be submitted to the appropriate
congressional committees as joint strategies and reports.
(d) Appropriate Congressional Committees.--In this
subtitle, the term ``appropriate congressional committees``
means the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 6289B. SUNSET.
This subtitle shall terminate on the date that is 5 years
after the date of the enactment of this Act.
Subtitle H--International Pandemic Preparedness
SEC. 6291. SHORT TITLE.
This subtitle may be cited as the ``International Pandemic
Preparedness and COVID-19 Response Act of 2022``.
SEC. 6292. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees`` means--
(A) the Committee on Foreign Relations of the Senate;
[[Page S6303]]
(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) Global health security agenda; ghsa.--The terms
``Global Health Security Agenda`` and ``GHSA`` mean the
multi-sectoral initiative launched in 2014, and renewed in
2018, that brings together countries, regions, international
organizations, nongovernmental organizations, and the private
sector--
(A) to elevate global health security as a national-level
priority;
(B) to share best practices; and
(C) to facilitate national capacity to comply with and
adhere to--
(i) the International Health Regulations (2005);
(ii) the international standards and guidelines established
by the World Organisation for Animal Health;
(iii) United Nations Security Council Resolution 1540
(2004);
(iv) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological and Toxin
Weapons and on their Destruction, done at Washington, London,
and Moscow, April 10, 1972 (commonly referred to as the
``Biological Weapons Convention``);
(v) the Global Health Security Agenda 2024 Framework; and
(vi) other relevant frameworks that contribute to global
health security.
(3) Global health security index .--The term ``Global
Health Security Index`` means the comprehensive assessment
and benchmarking of health security and related capabilities
across the countries that make up the States Parties to the
International Health Regulations (2005).
(4) Global health security initiative.--The term ``Global
Health Security Initiative`` means the informal network of
countries and organizations that came together in 2001, to
undertake concerted global action to strengthen public health
preparedness and response to chemical, biological,
radiological, and nuclear threats, including pandemic
influenza.
(5) IHR (2005) monitoring and evaluation framework.--The
term ``IHR (2005) Monitoring and Evaluation Framework`` means
the framework through which the World Health Organization and
the State Parties to the International Health Regulations, as
amended in 2005, review, measure, and assess core country
public health capacities and ensure mutual accountability for
global health security under the International Health
Regulations (2005), including through the Joint External
Evaluations, simulation exercises, and after-action reviews.
(6) Joint external evaluation.--The term ``Joint External
Evaluation`` means the voluntary, collaborative, multi-
sectoral process facilitated by the World Health
Organization--
(A) to assess country capacity to prevent, detect, and
rapidly respond to public health risks occurring naturally or
due to deliberate or accidental events;
(B) to assess progress in achieving the targets under the
International Health Regulations (2005); and
(C) to recommend priority actions.
(7) Key stakeholders.--The term ``key stakeholders`` means
actors engaged in efforts to advance global health security
programs and objectives, including--
(A) national and local governments in partner countries;
(B) other bilateral donors;
(C) international, regional, and local organizations,
including private, voluntary, nongovernmental, and civil
society organizations, including faith-based and indigenous
organizations;
(D) international, regional, and local financial
institutions;
(E) representatives of historically marginalized groups,
including women, youth, and indigenous peoples;
(F) the private sector, including medical device,
technology, pharmaceutical, manufacturing, logistics, and
other relevant companies; and
(G) public and private research and academic institutions.
(8) One health approach.--The term ``One Health approach``
means the collaborative, multi-sectoral, and
transdisciplinary approach toward achieving optimal health
outcomes in a manner that recognizes the interconnection
between people, animals, plants, and their shared
environment.
(9) Pandemic preparedness.--The term ``pandemic
preparedness`` refers to the actions taken to establish and
sustain the capacity and capabilities necessary to rapidly
identify, prevent, protect against, and respond to the
emergence, reemergence, and spread of pathogens of pandemic
potential.
(10) Partner country.--The term ``partner country`` means a
foreign country in which the relevant Federal departments and
agencies are implementing United States foreign assistance
for global health security and pandemic prevention and
preparedness under this section.
(11) Relevant federal departments and agencies.--The term
``relevant Federal departments and agencies`` means any
Federal department or agency implementing United States
policies and programs relevant to the advancement of United
States global health security and diplomacy overseas, which
may include--
(A) the Department of State;
(B) the United States Agency for International Development;
(C) the Department of Health and Human Services;
(D) the Department of Defense;
(E) the Defense Threat Reduction Agency;
(F) the Millennium Challenge Corporation;
(G) the Development Finance Corporation;
(H) the Peace Corps; and
(I) any other department or agency that the President
determines to be relevant for these purposes.
(12) Resilience.--The term ``resilience`` means the ability
of people, households, communities, systems, institutions,
countries, and regions to reduce, mitigate, withstand, adapt
to, and quickly recover from shocks and stresses in a manner
that reduces chronic vulnerability to the emergence,
reemergence, and spread of pathogens of pandemic potential
and facilitates inclusive growth.
(13) Respond and response.--The terms ``respond`` and
``response`` mean the actions taken to counter an infectious
disease.
(14) USAID.--The term ``USAID`` means the United States
Agency for International Development.
SEC. 6293. ENHANCING THE UNITED STATES` INTERNATIONAL
RESPONSE TO THE COVID-19 PANDEMIC.
(a) Statement of Policy Regarding International Cooperation
to End the COVID-19 Pandemic.--It is the policy of the United
States to lead and implement a comprehensive and coordinated
international response to end the COVID-19 pandemic in a
manner that recognizes the critical role that multilateral
and regional organizations can and should play in pandemic
prevention, preparedness, and response, including by--
(1) seeking adoption of a United Nations Security Council
resolution that--
(A) declares pandemics, including the COVID-19 pandemic, to
be threats to international peace and security; and
(B) urges member states to address such threats by aligning
their health preparedness plans with international best
practices, including practices established by the Global
Health Security Agenda, to improve country capacity to
prevent, detect, and respond to infectious disease threats of
pandemic potential;
(2) advancing efforts to reform the World Health
Organization to serve as an effective, normative, and
coordinating body that is capable of aligning member
countries around a strategic operating plan to detect,
contain, treat, and deter the further spread of COVID-19;
(3) providing timely, appropriate levels of financial
support to United Nations agencies, multilateral facilities,
and other partners responding to the COVID-19 pandemic;
(4) prioritizing United States foreign assistance for the
COVID-19 response in the world`s most vulnerable countries
and regions;
(5) encouraging other donor governments to similarly
increase contributions to the United Nations agencies,
multilateral facilities, and other partners responding to the
COVID-19 pandemic in the world`s poorest and most vulnerable
countries;
(6) working with key stakeholders to accelerate progress
toward meeting and exceeding, as practicable, global COVID-19
vaccination goals;
(7) engaging with key overseas stakeholders, including
through multilateral facilities such as the COVID-19 Vaccines
Global Access initiative (referred to in this section as
``COVAX``) and the Access to COVID-19 Tools (ACT) Accelerator
initiative;
(8) expanding bilateral efforts, including through the
United States International Development Finance Corporation,
to accelerate the development, manufacturing, local
production, and efficient and equitable distribution of--
(A) vaccines and related raw materials to meet or exceed
the vaccination goals referred to in paragraph (6); and
(B) global health commodities, including supplies to combat
COVID-19 and to help immediately disrupt the transmission of
SARS-CoV-2;
(9) supporting global COVID-19 vaccine distribution
strategies that--
(A) strengthen underlying health systems for global health
security and pandemic prevention, preparedness, and response;
and
(B) ensure that people living in vulnerable and
marginalized communities, including women, do not face undue
barriers to vaccination;
(10) working with key stakeholders, including the World
Bank Group, the United Nations, the International Monetary
Fund, the United States International Development Finance
Corporation, and other relevant regional and bilateral
financial institutions, to address the economic and financial
implications of the COVID-19 pandemic, while taking into
account the differentiated needs of disproportionately
affected, vulnerable, and marginalized populations;
(11) entering into discussions with vaccine manufacturing
companies to support partnerships, with the goal of ensuring
adequate global supply of vaccines, which may include
necessary components and raw materials;
(12) establishing clear timelines, benchmarks, and goals
for COVID-19 response strategies and activities under this
section; and
(13) generating commitments of resources in support of the
vaccination goals referred to in paragraph (6).
[[Page S6304]]
(b) Global COVID-19 Vaccine Distribution and Delivery.--
(1) Accelerating global vaccine distribution strategy.--The
President shall develop a strategy to expand access to, and
accelerate the global distribution of, COVID-19 vaccines to
other countries. This strategy shall--
(A) identify the countries that--
(i) have the highest infection and death rates due to
COVID-19;
(ii) have the lowest COVID-19 vaccination rates; and
(iii) face the most difficult political, logistical, and
financial challenges to obtaining and delivering COVID-19
vaccines;
(B) describe the basis and metrics used to identify the
countries described in subparagraph (A);
(C) identify which countries and regions will be
prioritized and targeted for COVID-19 vaccine delivery, and
the rationale for such prioritization;
(D) describe efforts that the United States is making to
increase COVID-19 vaccine manufacturing capacity, both
domestically and internationally, as appropriate, through
support for the establishment or refurbishment of regional
manufacturing hubs in South America, Southern Africa, and
South Asia, including through the provision of international
development finance;
(E) estimate when, how many, and which types of vaccines
will be provided by the United States Government bilaterally
and through COVAX;
(F) describe efforts to encourage international partners to
take actions similar to the efforts referred to in
subparagraph (D);
(G) describe how the United States Government will ensure
the efficient delivery of COVID-19 vaccines to intended
recipients, including United States citizens residing
overseas;
(H) identify complementary United States foreign assistance
that will facilitate vaccine readiness, distribution,
delivery, monitoring, and administration activities;
(I) describe how the United States Government will ensure
the efficient delivery and administration of COVID-19
vaccines to United States citizens residing overseas,
including through the donation of vaccine doses to United
States embassies and consulates, as appropriate, giving
priority to--
(i) countries in which United States citizens are deemed
ineligible or low priority in the national vaccination
deployment plan; and
(ii) countries that are not presently distributing a COVID-
19 vaccine that--
(I) has been licensed or authorized for emergency use by
the Food and Drug Administration; or
(II) has met the necessary criteria for safety and efficacy
established by the World Health Organization;
(J) summarize the United States Government`s efforts to
encourage and facilitate technology sharing and the licensing
of intellectual property, to the extent necessary, to support
the adequate and timely supply of vaccines and vaccine
components to meet the vaccination goals specified in
subsection (a)(6), giving due consideration to avoiding
undermining intellectual property innovation and intellectual
property rights protections with respect to vaccine
development;
(K) describe the roles, responsibilities, tasks, and, as
appropriate, the authorities of the Secretary of State, the
USAID Administrator, the Secretary of Health and Human
Services, the Director of the Centers for Disease Control and
Prevention, the Chief Executive Officer of the United States
International Development Finance Corporation, and the heads
of other relevant Federal departments and agencies with
respect to the implementation of the strategy;
(L) describe how the Department of State and USAID will
coordinate with the Secretary of Health and Human Services
and the heads of other relevant Federal agencies--
(i) to expedite the export and distribution of Federally
purchased vaccines to countries in need; and
(ii) to ensure that such vaccines will not be wasted;
(M) summarize the United States public diplomacy strategies
for branding and addressing vaccine misinformation and
hesitancy within partner countries; and
(N) describe efforts that the United States is making to
help countries disrupt the current transmission of COVID-19,
utilizing medical products and medical supplies.
(2) Submission of strategy.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State
shall submit the strategy described in paragraph (1) to--
(A) the appropriate congressional committees;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(C) the Committee on Energy and Commerce of the House of
Representatives.
(c) Leveraging United States Bilateral Global Health
Programs for the International COVID-19 Response.--Amounts
appropriated or otherwise made available to carry out section
104 of the Foreign Assistance Act (22 U.S.C. 2151b) may be
used in countries receiving United States foreign
assistance--
(1) to combat the COVID-19 pandemic, including through the
sharing of COVID-19 vaccines; and
(2) to support related activities, including--
(A) strengthening vaccine readiness;
(B) reducing vaccine hesitancy and misinformation;
(C) delivering and administering COVID-19 vaccines;
(D) strengthening health systems and global supply chains
as necessary for global health security and pandemic
preparedness, prevention, and response;
(E) supporting global health workforce planning, training,
and management for pandemic preparedness, prevention, and
response;
(F) enhancing transparency, quality, and reliability of
public health data;
(G) increasing bidirectional testing, including screening
for symptomatic and asymptomatic cases; and
(H) building laboratory capacity.
(d) Roles of the Department of State, USAID, and the
Department of Health and Human Services in International
Pandemic Response.--
(1) Designation of lead agencies for coordination of the
united states` international response to infectious disease
outbreaks with severe or pandemic potential.--The President
shall designate relevant Federal departments and agencies,
including the Department of State, USAID, and the Department
of Health and Human Services (including the Centers for
Disease Control and Prevention), to lead specific aspects of
the United States international response to outbreaks of
emerging high-consequence infectious disease threats.
(2) Notification.--Not later than 120 days after the date
of the enactment of this Act, the President shall notify the
appropriate congressional committees, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives of the designations made pursuant to
paragraph (1), including detailed descriptions of the roles
and responsibilities of each relevant department and agency.
(e) USAID Disaster Surge Capacity.--
(1) Disaster surge capacity.--Amounts appropriated or
otherwise made available to carry out part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
and 2346), including funds made available for ``Assistance
for Europe, Eurasia and Central Asia``, may be used, in
addition to amounts otherwise made available for such
purposes, for the cost (including support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to global
health emergencies and natural or manmade disasters.
(2) Notification.--Not later than 15 days before making
funds available to address manmade disasters pursuant to
paragraph (1), the Secretary of State or the USAID
Administrator shall notify the appropriate congressional
committees of such intended action.
SEC. 6294. INTERNATIONAL PANDEMIC PREVENTION AND
PREPAREDNESS.
(a) United States International Activities to Advance
Global Health Security and Diplomacy Strategy and Report.--
(1) In general.--The President shall develop, update,
maintain, and advance a comprehensive strategy for improving
United States global health security and diplomacy for
pandemic prevention, preparedness which, consistent with the
purposes of this subtitle, shall --
(A) clearly articulate United States policy goals related
to pandemic prevention, preparedness, and response, including
through actions to strengthen diplomatic leadership and the
effectiveness of United States foreign assistance for global
health security through advancement of a One Health approach,
the Global Health Security Agenda, the International Health
Regulations (2005), and other relevant frameworks that
contribute to pandemic prevention and preparedness;
(B) establish specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and
evaluation plans for United States foreign policy and
assistance for global health security that promote learning
and adaptation and reflect international best practices
relating to global health security, transparency, and
accountability;
(C) establish transparent mechanisms to improve
coordination and avoid duplication of effort between and
among the relevant Federal departments and agencies, partner
countries, donor countries, the private sector, multilateral
organizations, and other key stakeholders;
(D) prioritize working with partner countries with--
(i) demonstrated need, as identified through the Joint
External Evaluation process, the Global Health Security Index
classification of health systems, national action plans for
health security, Global Health Security Agenda, other risk-
based assessments, and complementary or successor indicators
of global health security and pandemic preparedness; and
(ii) demonstrated commitment to transparency, including
budget and global health data transparency, complying with
the International Health Regulations (2005), investing in
domestic health systems, and achieving measurable results;
(E) reduce long-term reliance upon United States foreign
assistance for global health security by--
(i) ensuring that United States global health assistance
authorized under this subtitle is strategically planned and
coordinated in a manner that delivers immediate
[[Page S6305]]
impact and contributes to enduring results, including through
efforts to enhance community capacity and resilience to
infectious disease threats and emergencies; and
(ii) ensuring partner country ownership of global health
security strategies, data, programs, and outcomes and
improved domestic resource mobilization, co-financing, and
appropriate national budget allocations for global health
security and pandemic prevention, preparedness, and response;
(F) assist partner countries in building the technical
capacity of relevant ministries, systems, and networks to
prepare, execute, monitor, and evaluate national action plans
for global health security and pandemic prevention,
preparedness, and response that are developed with input from
key stakeholders, including mechanism to enhance budget and
global health data transparency, as necessary and
appropriate;
(G) support and align United States foreign assistance
authorized under this subtitle with such national action
plans for health security and pandemic prevention,
preparedness, and response, as appropriate;
(H) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of country-
led strategies and initiatives to better identify and prevent
health impacts related to deforestation, climate-related
events, and increased unsafe interactions between wildlife,
livestock, and people contributing to the emergence,
reemergence, and spread of zoonoses;
(I) support global health budget and workforce planning in
partner countries, consistent with the purposes of this
subtitle, including training in financial management and
budget and global health data transparency;
(J) strengthen linkages between complementary bilateral and
multilateral foreign assistance programs, including efforts
of the World Bank, the World Health Organization, the Global
Fund to Fight AIDS, Tuberculosis, and Malaria, and Gavi, the
Vaccine Alliance, that contribute to the development of more
resilient health systems and global supply chains for global
health security and pandemic prevention, preparedness, and
response in partner countries with the capacity, resources,
and personnel required to prevent, detect, and respond to
infectious disease threats; and
(K) support innovation and partnerships with the private
sector, health organizations, civil society, nongovernmental,
faith-based and indigenous organizations, and health research
and academic institutions to improve pandemic prevention,
preparedness, and response, including for the development and
deployment of effective and accessible infectious disease
tracking tools, diagnostics, therapeutics, and vaccines.
(2) Submission of strategy.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation
with the heads of the relevant Federal departments and
agencies, shall submit the strategy required under paragraph
(1) to--
(i) the appropriate congressional committees;
(ii) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(iii) the Committee on Energy and Commerce of the House of
Representatives.
(B) Agency-specific plans.--The strategy required under
paragraph (1) shall include specific implementation plans
from each relevant Federal department and agency that
describe--
(i) the anticipated contributions of the Federal department
or agency, including technical, financial, and in-kind
contributions, to implement the strategy; and
(ii) the efforts of the Federal department or agency to
ensure that the activities and programs carried out pursuant
to the strategy are designed to achieve maximum impact and
long-term sustainability.
(3) Annual report.--
(A) In general.--Not later than 1 year after the submission
of the strategy pursuant to paragraph (2), and not later than
October 1 of each year thereafter, the President shall submit
a report to the committees referred to in paragraph (2)(A)
that describes the status of the implementation of such
strategy.
(B) Contents.--Each report submitted pursuant to
subparagraph (A) shall--
(i) identify any substantial changes made to the strategy
during the preceding calendar year;
(ii) describe the progress made in implementing the
strategy, including specific information related to the
progress toward improving countries` ability to detect,
prevent, and respond to infectious disease threats, such as
COVID-19 and Ebola;
(iii) identify--
(I) the indicators used to establish benchmarks and measure
results over time; and
(II) the mechanisms for reporting such results in an open
and transparent manner;
(iv) contain a transparent, open, and detailed accounting
of obligations by relevant Federal departments and agencies
to implement the strategy, including, to the extent
practicable, for each such Federal department and agency, the
statutory source of obligated funds, the amounts obligated,
implementing partners and sub-partners, targeted
beneficiaries, and activities supported; and
(v) the efforts of the relevant Federal department or
agency to ensure that the activities and programs carried out
pursuant to the strategy are designed to achieve maximum
impact and enduring results, including through specific
activities to strengthen health systems for global health
security and pandemic prevention, preparedness, and response,
as appropriate.
(C) Form.--The strategy and reports required under this
subsection shall be submitted in unclassified form, but may
contain a classified annex.
(b) Establishment of the United States Global Health
Security Agenda Interagency Review Council.--
(1) Statement of policy.--It is the policy of the United
States--
(A) to promote and invest in global health security and
pandemic prevention, preparedness, and response as a core
national and security interest;
(B) to advance the aims of the Global Health Security
Agenda;
(C) to collaborate with other countries to promote early
detection and mitigation of infectious disease threats before
such threats become pandemics; and
(D) to encourage and support other countries to advance
pandemic prevention and preparedness by investing in
resilient and sustainable health systems for global health
security and pandemic prevention and preparedness.
(2) Establishment.--The President shall establish a Global
Health Security Agenda Interagency Review Council (referred
to in this section as the ``Council``) to carry out the
activities described in paragraphs (4) and (7).
(3) Meetings.--The Council shall meet not fewer than 4
times each year to advance its mission and fulfill its
responsibilities.
(4) General responsibilities.--The Council shall--
(A) provide policy-level recommendations to participating
agencies regarding Global Health Security Agenda goals,
objectives, and implementation, and other international
efforts to strengthen pandemic preparedness and response;
(B) facilitate interagency, multi-sectoral engagement to
carry out GHSA implementation;
(C) provide a forum for raising and working to resolve
interagency disagreements concerning the GHSA, and other
international efforts to strengthen pandemic preparedness and
response;
(D) review the progress toward, and work to resolve
challenges in achieving, United States commitments under the
GHSA, including commitments to assist other countries in
achieving the GHSA targets; and
(E) consider, among other issues--
(i) the status of United States financial commitments to
the GHSA in the context of commitments by other donors, and
the contributions of partner countries to achieve the GHSA
targets;
(ii) the progress toward the milestones outlined in--
(I) GHSA national plans for countries in which the United
States Government has committed to assist in implementing the
GHSA; and
(II) annual work plans outlining agency priorities for
implementing the GHSA; and
(iii) the external evaluations of United States and partner
country capabilities to address infectious disease threats,
including the ability to achieve the targets outlined within
the World Health Organization`s Joint External Evaluation
Tool, and gaps identified by such external evaluations.
(5) Participation.--The Council--
(A) shall be headed by the Assistant to the President for
National Security Affairs, in coordination with the heads of
relevant Federal agencies; and
(B) should consist of representatives each of the relevant
Federal departments and agencies, as determined by the
President.
(6) Responsibilities of federal departments and agencies.--
The Assistant to the President for National Security Affairs
and the Council may not assume any responsibilities or
authorities of the head of any Federal department, agency, or
office, including the foreign affairs responsibilities and
authorities of the Secretary of State to oversee the
implementation of programs and policies that advance global
health security within foreign countries.
(7) Specific roles and responsibilities.--
(A) In general.--The heads of the agencies referred to in
paragraph (5) shall--
(i) make the implementation of the GHSA and global pandemic
preparedness a high priority within their respective
agencies;
(ii) include activities related to the GHSA and global
pandemic preparedness within their respective agencies`
strategic planning and budget processes;
(iii) designate a senior-level official to be responsible
for the implementation of this subsection;
(iv) designate, in accordance with paragraph (5), an
appropriate representative at the Assistant Secretary level
or higher to participate on the Council;
(v) keep the Council apprised of GHSA-related activities
undertaken within their respective agencies;
(vi) maintain responsibility for agency-related
programmatic functions in coordination with other relevant
Federal agencies, governments in partner countries, country
teams, and GHSA in-country teams;
(vii) coordinate with other Federal agencies that are
identified in this section--
(I) to satisfy programmatic goals; and
(II) to further facilitate coordination of country teams,
implementers, and donors in partner countries; and
(viii) coordinate across national health security action
plans and with GHSA and other
[[Page S6306]]
appropriate partners to which the United States is providing
assistance.
(B) Additional roles and responsibilities.--In addition to
the roles and responsibilities described subparagraph (A),
the heads of relevant Federal departments and agencies should
carry out their respective roles and responsibilities
described in--
(i) Executive Order 13747 (81 Fed. Reg. 78701; relating to
Advancing the Global Health Security Agenda to Achieve a
World Safe and Secure from Infectious Disease Threats); and
(ii) National Security Directive on United States Global
Leadership to Strengthen the International COVID-19 Response
and to Advance Global Health Security and Biological
Preparedness, issued on January 21, 2021.
(c) Organization of United States International Activities
to Advance Global Health Security and Diplomacy.--
(1) Establishment.--There is established, within the
Department of State, the position of Special Representative
for United States International Activities to Advance Global
Health Security and Diplomacy Overseas (referred to in this
section as the ``Special Representative``).
(2) Appointment; qualifications.--The Special
Representative--
(A) shall be appointed by the President, by and with the
advice and consent of the Senate;
(B) shall report to the Secretary of State; and
(C) shall have--
(i) demonstrated knowledge and experience in the fields of
development and public health, epidemiology, or medicine; and
(ii) relevant diplomatic, policy, and political expertise.
(3) Authorities.--The Special Representative may--
(A) operate internationally to carry out the purposes of
this section;
(B) ensure effective coordination, management, and
oversight of United States foreign policy, diplomatic
efforts, and foreign assistance funded with amounts
appropriated to carry out this subtitle to advance the
relevant elements of the United States Global Health Security
and Diplomacy Strategy developed pursuant to subsection (a)
by--
(i) formulating, issuing, and updating related policy
guidance;
(ii) establishing, in coordination with USAID and the
Department of Health and Human Services, unified auditing,
monitoring, and evaluation plans;
(iii) avoiding duplication of effort and working to resolve
policy, program, and funding disputes among the relevant
Federal departments and agencies;
(iv) leading diplomatic efforts to identify and address
current and emerging threats to global health security;
(v) ensuring, in consultation with the Secretary of Health
and Human Services and the USAID Administrator, effective
representation of the United States in relevant international
forums, including the World Health Organization, the World
Health Assembly, and meetings of the Global Health Security
Agenda and of the Global Health Security Initiative;
(vi) working to enhance coordination with, and transparency
among, the governments of partner countries and key
stakeholders, including the private sector;
(vii) promoting greater donor and national investment in
partner countries to build health systems and supply chains
for global health security and pandemic prevention and
preparedness;
(viii) securing bilateral and multilateral financing
commitments to advance the Global Health Security Agenda, in
coordination with relevant Federal departments and agencies,
including through funding for the financing mechanism
described in section 6295; and
(ix) providing regular updates to the appropriate
congressional committees, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on
Energy and Commerce of the House of Representatives regarding
the fulfillment of the activities described in this
paragraph;
(C) represent the United States in the multilateral,
catalytic financing mechanism described in section 6295;
(D) utilize detailees, on a reimbursable or nonreimbursable
basis, from relevant Federal departments and agencies and
hire personal service contractors, who may operate
domestically and internationally, to ensure that the Office
of the Special Representative has access to the highest
quality experts available to the United States Government to
carry out the functions under this subtitle; and
(E) perform such other functions as the Secretary of State
may assign.
(d) Strengthening Health Systems for Global Health Security
and Pandemic Prevention and Preparedness.--
(1) Statement of policy.--It is the policy of the United
States to ensure that bilateral global health assistance
programs are effectively managed and coordinated, as
necessary and appropriate to achieve the purposes of this
subtitle, to contribute to the strengthening of health
systems for global health security and pandemic prevention,
preparedness, and response in each country in which such
programs are carried out.
(2) Coordination.--The USAID Administrator shall work with
the Global Malaria Coordinator, the United States Global AIDS
Coordinator, the Special Representative for Global Health
Diplomacy at the Department of State, and, as appropriate,
the Secretary of Health and Human Services, to identify areas
of collaboration and coordination in countries with global
health programs and activities undertaken by USAID pursuant
to the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25) and
other relevant statutes to ensure that such activities
contribute to the strengthening of health systems for global
health security and pandemic prevention and preparedness.
(e) International Pandemic Early Warning Network.--
(1) In general.--The Secretary of State and the Secretary
of Health and Human Services, in coordination with the USAID
Administrator, the Director of the Centers for Disease
Control and Prevention, and the heads of the other relevant
Federal departments and agencies, should work with the World
Health Organization and other key stakeholders to establish
or strengthen effective early warning systems, at the partner
country, regional, and international levels, that utilize
innovative information and analytical tools and robust review
processes to track, document, analyze, and forecast
infectious disease threats with epidemic and pandemic
potential.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 4 years, the Secretary of State, in coordination
with the Secretary of Health and Human Services and the heads
of the other relevant Federal departments and agencies, shall
submit a report to the appropriate congressional committees,
the Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Energy and Commerce of the
House of Representatives that describes United States
Government efforts and opportunities to establish or
strengthen effective early warning systems to detect
infectious disease threats internationally.
(f) International Emergency Operations.--
(1) Sense of congress.--It is the sense of Congress that it
is essential to enhance the capacity of key stakeholders to
effectively operationalize early warning and execute multi-
sectoral emergency operations during an infectious disease
outbreak, particularly in countries and areas that
deliberately withhold critical global health data and delay
access during an infectious disease outbreak in advance of
the next infectious disease outbreak with pandemic potential.
(2) Public health emergencies of international concern.--
The Secretary of State, in coordination with the Secretary of
Health and Human Services, should work with the World Health
Organization and like-minded member states to adopt an
approach toward assessing infectious disease threats under
the International Health Regulations (2005) for the World
Health Organization to identify and transparently
communicate, on an ongoing basis, varying levels of risk
leading up to a declaration by the Director General of the
World Health Organization of a Public Health Emergency of
International Concern for the duration and in the aftermath
of such declaration.
(3) Emergency operations.--The Secretary of State and the
Secretary of Health and Human Services, in coordination with
the USAID Administrator, the Director of the Centers for
Disease Control and Prevention, and the heads of other
relevant Federal departments and agencies, and consistent
with the requirements under the International Health
Regulations (2005) and the objectives of the World Health
Organization`s Health Emergencies Programme, the Global
Health Security Agenda, and national actions plans for health
security, shall work, in cooperation with the World Health
Organization, with partner countries and other key
stakeholders to support the establishment, strengthening, and
rapid response capacity of global health emergency operations
centers, at the partner country and international levels,
including efforts--
(A) to collect and share public health data, assess risk,
and operationalize early warning;
(B) to secure, including through utilization of stand-by
arrangements and emergency funding mechanisms, the staff,
systems, and resources necessary to execute cross-sectoral
emergency operations during the 48-hour period immediately
following an infectious disease outbreak with pandemic
potential; and
(C) to organize and conduct emergency simulations.
SEC. 6295. INTERNATIONAL FINANCING MECHANISM FOR GLOBAL
HEALTH SECURITY AND PANDEMIC PREVENTION AND
PREPAREDNESS.
(a) Defined Term.--In this section, the term ``eligible
partner country`` means a country in which the Fund for
Global Health Security and Pandemic Prevention and
Preparedness established pursuant to subsection (b) may
finance global health security and pandemic prevention and
preparedness assistance programs under this subtitle based
on--
(1) the country`s demonstrated need, as identified through
the IHR (2005) Monitoring and Evaluation Framework, the
Global Health Security Index classification of health
systems, national action plans for health security, the World
Organization for Animal Health`s Performance of Veterinary
Services evaluation, and other complementary or successor
indicators of global health security and pandemic prevention
and preparedness; and
[[Page S6307]]
(2) the country`s commitment to transparency, including--
(A) budget and global health data transparency;
(B) its compliance with the International Health
Regulations (2005);
(C) investments in domestic health systems; and
(D) the achievement of measurable results.
(b) Establishment of Fund for Global Health Security and
Pandemic Prevention and Preparedness.--
(1) Negotiations.--The Secretary of State, in coordination
with the USAID Administrator, the Secretary of Health and
Human Services, and the heads of other relevant Federal
departments and agencies, as necessary and appropriate,
should seek to enter into negotiations with donors, relevant
United Nations agencies, including the World Health
Organization, and other key multilateral stakeholders, to
establish--
(A) a multilateral, catalytic financing mechanism for
global health security and pandemic prevention and
preparedness, which may be formed as financial intermediary
fund of the World Bank and be known as the Fund for Global
Health Security and Pandemic Prevention and Preparedness
(referred to in this section as ``the Fund``), in accordance
with the provisions of this subsection; and
(B) a Technical Advisory Panel to the Fund, in accordance
with subsection (e).
(2) Purposes.--The purposes of the Fund should be--
(A) to close critical gaps in global health security and
pandemic prevention and preparedness; and
(B) to work with, and build the capacity of, eligible
partner countries in the areas of global health security,
infectious disease control, and pandemic prevention and
preparedness in order to--
(i) prioritize capacity building and financing availability
in eligible partner countries;
(ii) incentivize countries to prioritize the use of
domestic resources for global health security and pandemic
prevention and preparedness;
(iii) leverage governmental, nongovernmental, and private
sector investments;
(iv) regularly respond to and evaluate progress based on
clear metrics and benchmarks, such as those developed through
the IHR (2005) Monitoring and Evaluation Framework and the
Global Health Security Index;
(v) align with and complement ongoing bilateral and
multilateral efforts and financing, including through the
World Bank, the World Health Organization, the Global Fund to
Fight AIDS, Tuberculosis, and Malaria, the Coalition for
Epidemic Preparedness and Innovation, and Gavi, the Vaccine
Alliance; and
(vi) help countries accelerate and achieve compliance with
the International Health Regulations (2005) and fulfill the
Global Health Security Agenda 2024 Framework not later than 8
years after the date on which the Fund is established, in
coordination with the ongoing Joint External Evaluation
national action planning process.
(3) Executive board.--
(A) In general.--The Fund should be governed by a
transparent and accountable body (referred to in this section
as the ``Executive Board``), which should--
(i) function as a partnership with, and through full
engagement by, donor governments, eligible partner countries,
and independent civil society; and
(ii) be composed of not more than 21 representatives of
governments, foundations, academic institutions, independent
civil society, indigenous people, vulnerable communities,
frontline health workers, and the private sector with
demonstrated commitment to carrying out the purposes of the
Fund and upholding transparency and accountability
requirements.
(B) Duties.--The Executive Board should--
(i) be charged with approving strategies, operations, and
grant making authorities such that it is able to conduct
effective fiduciary, monitoring, and evaluation efforts, and
other oversight functions;
(ii) determine operational procedures to enable the Fund to
effectively fulfill its mission;
(iii) provide oversight and accountability for the Fund in
collaboration with the Inspector General established pursuant
to subsection (d)(5)(A)(i);
(iv) develop and utilize a mechanism to obtain formal input
from eligible partner countries, independent civil society,
and implementing entities relative to program design, review,
and implementation and associated lessons learned; and
(v) coordinate and align with other multilateral financing
and technical assistance activities, and with the activities
of the United States and other nations leading pandemic
prevention, preparedness, and response activities in partner
countries, as appropriate.
(C) Composition.--The Executive Board should include--
(i) representatives of the governments of founding member
countries who, in addition to meeting the requirements under
subparagraph (A), qualify based upon--
(I) meeting an established initial contribution threshold,
which should be not less than 10 percent of the country`s
total initial contributions; and
(II) demonstrating a commitment to supporting the
International Health Regulations (2005);
(ii) a geographically diverse group of members from donor
countries, academic institutions, independent civil society,
including faith-based and indigenous organizations, and the
private sector who are selected on the basis of their
experience and commitment to innovation, best practices, and
the advancement of global health security objectives;
(iii) representatives of the World Health Organization, to
serve in an observer status; and
(iv) the chair of the Global Health Security Agenda
Steering Group, to serve in an observer status.
(D) Contributions.--Each government or private sector
entity represented on the Executive Board should agree to
make annual contributions to the Fund in an amount that is
not less than the minimum amount determined by the Executive
Board.
(E) Qualifications.--Individuals appointed to the Executive
Board should have demonstrated knowledge and experience
across a variety of sectors, including human and animal
health, agriculture, development, defense, finance, research,
and academia.
(F) Conflicts of interest.--All Executive Board members
should be required to recuse themselves from matters
presenting conflicts of interest, including financing
decisions relating to such countries, bodies, and
institutions.
(G) United states representation.--
(i) Founding member.--The Secretary of State should seek--
(I) to establish the United States as a founding member of
the Fund; and
(II) to ensure the United States is represented on the
Executive Board by an officer or employee of the United
States who has been appointed by the President.
(ii) Effective and termination dates.--
(I) Effective date.--This subparagraph shall take effect on
the date on which the Secretary of State submits to Congress
a certified copy of the agreement establishing the Fund.
(II) Termination date.--The membership established pursuant
to clause (i) shall terminate upon the date of termination of
the Fund.
(H) Removal procedures.--The Fund should establish
procedures for the removal of members of the Executive Board
who--
(i) engage in a consistent pattern of human rights abuses;
(ii) fail to uphold global health data transparency
requirements; or
(iii) otherwise violate the established standards of the
Fund, including in relation to corruption.
(4) Enforceability.--Any agreement concluded under the
authorities provided under this subsection shall be legally
effective and binding upon the United States, in accordance
with the terms of the agreement--
(A) upon the enactment of appropriate implementing
legislation that provides for the approval of the specific
agreement or agreements, including attachments, annexes, and
supporting documentation, as appropriate; or
(B) if concluded and submitted as a treaty, upon the
approval by the Senate of the resolution of ratification of
such treaty.
(c) Authorities.--
(1) Program objectives.--
(A) In general.--In carrying out the purpose described in
subsection (b), the Fund, acting through the Executive Board,
should--
(i) develop grant making requirements to be administered by
an independent technical review panel comprised of entities
barred from applying for funding or support;
(ii) provide grants, including challenge grants, technical
assistance, concessional lending, catalytic investment funds,
and other innovative funding mechanisms, in coordination with
ongoing bilateral and multilateral United States assistance
efforts, as appropriate--
(I) to help eligible partner countries close critical gaps
in health security, as identified through the IHR (2005)
Monitoring and Evaluation Framework, the Global Health
Security Index classification of health systems, and national
action plans for health security and other complementary or
successor indicators of global health security and pandemic
prevention and preparedness; and
(II) to support measures that enable such countries, at
both the national and subnational levels, and in partnership
with civil society and the private sector, to strengthen and
sustain resilient health systems and supply chains for global
health security and pandemic prevention and preparedness with
the resources, capacity, and personnel required to prevent,
detect, and respond to infectious disease threats before they
become pandemics;
(iii) leverage the expertise, capabilities, and resources
of proven, existing agencies and organizations to effectively
target and manage resources for impact, including through
alignment with, and co-financing of, complementary programs,
as appropriate, in accordance with subparagraph (C); and
(iv) develop recommendations for a mechanism for assisting
countries that are at high risk for the emergence or
reemergence of pathogens with pandemic potential to
participate in the Global Health Security Agenda and the
Joint External Evaluations.
(B) Activities supported.--The activities to be supported
by the Fund should include efforts--
[[Page S6308]]
(i) to enable eligible partner countries to formulate and
implement national health security and pandemic prevention
and preparedness action plans, advance action packages under
the Global Health Security Agenda, and adopt and uphold
commitments under the International Health Regulations (2005)
and complementary or successor indicators of global health
security and pandemic prevention and preparedness, as
appropriate;
(ii) to support global health security budget planning in
eligible partner countries, including training in public
financial management, integrated and transparent budget and
global health data and human resource information systems;
(iii) to strengthen the health security workforce,
including hiring, training, and deploying experts and other
essential staff, including community health workers, to
improve frontline prevention of, and monitoring and
preparedness for, unknown, new, emerging, or reemerging
pathogens of pandemic potential, including capacity to surge
and manage additional staff during emergencies;
(iv) to improve the quality of community health worker
programs as the foundation of pandemic preparedness and
response through application of appropriate assessment tools;
(v) to improve--
(I) infection prevention and control;
(II) the protection of healthcare workers, including
community health workers; and
(III) access to water and sanitation within healthcare
settings;
(vi) to combat the threat of antimicrobial resistance;
(vii) to strengthen laboratory capacity and promote
biosafety and biosecurity through the provision of material
and technical assistance;
(viii) to reduce the risk of--
(I) bioterrorism;
(II) the emergence, reemergence, or spread of zoonotic
disease (whether through loss of natural habitat, the
commercial trade in wildlife for human consumption, or other
means); and
(III) accidental biological release;
(ix) to build technical capacity to manage, as appropriate,
supply chains for global health security and pandemic
prevention and preparedness through effective forecasting,
procurement, warehousing, and delivery from central
warehouses to points of service in the public and private
sectors;
(x) to enable bilateral, regional, and international
partnerships and cooperation, including through pandemic
early warning systems and emergency operations centers, to
identify and address transnational infectious disease threats
exacerbated by natural and man-made disasters, human
displacement, and zoonotic infection;
(xi) to establish partnerships for the sharing of best
practices and enabling eligible countries to meet targets and
indicators under the IHR (2005) Monitoring and Evaluation
Framework, the Global Health Security Index classification of
health systems, and national action plans for health security
relating to the prevention, detection, and treatment of
neglected tropical diseases;
(xii) to develop and utilize metrics to monitor and
evaluate programmatic performance and identify best
practices, including in accordance with the IHR (2005)
Monitoring and Evaluation Framework, including Joint External
Evaluation benchmarks, Global Health Security Agenda targets,
and Global Health Security Index indicators;
(xiii) to develop and deploy mechanisms to enhance and
independently monitor the transparency and accountability of
global health security and pandemic prevention and
preparedness programs and data, in compliance with the
International Health Regulations (2005), including through
the sharing of trends, risks, and lessons learned;
(xiv) to promote broad participation in health emergency
planning and advisory bodies, including by women and
frontline health workers;
(xv) to develop and implement simulation exercises, to
produce and release after action reports, and to address
related gaps;
(xvi) to support countries in conducting Joint External
Evaluations;
(xvii) to improve disease surveillance capacity in partner
counties, including at the community level, to improve such
countries` capacity to detect and respond to known and
unknown pathogens and zoonotic infectious diseases; and
(xviii) to support governments through coordinated and
prioritized assistance efforts to prevent the emergence,
reemergence, or spread of zoonotic diseases caused by
deforestation, commercial trade in wildlife for human
consumption, climate-related events, and unsafe interactions
between wildlife, livestock, and people.
(C) Implementation of program objectives.--In carrying out
the objectives described in subparagraph (A), the Fund should
work to eliminate duplication and waste by upholding strict
transparency and accountability standards and coordinating
its programs and activities with key partners working to
advance global health security and pandemic prevention and
preparedness, including--
(i) governments, independent civil society,
nongovernmental, faith-based, and indigenous organizations,
research and academic institutions, and private sector
entities in eligible partner countries;
(ii) the pandemic early warning systems and emergency
operations centers to be established under subsections (e)
and (f) of section 6294;
(iii) the World Health Organization;
(iv) the Global Health Security Agenda;
(v) the Global Health Security Initiative;
(vi) the Global Fund to Fight AIDS, Tuberculosis and
Malaria;
(vii) the United Nations Office for the Coordination of
Humanitarian Affairs, UNICEF, and other relevant funds,
programs, and specialized agencies of the United Nations;
(viii) Gavi, the Vaccine Alliance;
(ix) the Coalition for Epidemic Preparedness Innovations;
(x) the World Organisation for Animal Health;
(xi) the United Nations Environment Programme;
(xii) the Food and Agriculture Organization;
(xiii) the Global Polio Eradication Initiative; and
(xiv) the Special Representative for United States
International Activities to Advance Global Health Security
and Diplomacy Overseas described in section 6294(c).
(2) Priority.--In providing assistance under this
subsection, the Fund should give priority to low-and lower
middle income countries with--
(A) low scores on the Global Health Security Index
classification of health systems;
(B) measurable gaps in global health security and pandemic
prevention and preparedness identified under the IHR (2005)
Monitoring and Evaluation Framework and national action plans
for health security;
(C) demonstrated political and financial commitment to
pandemic prevention and preparedness; and
(D) demonstrated commitment to--
(i) upholding global health budget and data transparency
and accountability standards;
(ii) complying with the International Health Regulations
(2005);
(iii) investing in domestic health systems; and
(iv) achieving measurable results.
(3) Eligible grant recipients.--Governments and
nongovernmental, faith-based and indigenous organizations
should be eligible to receive grants described in this
subsection.
(d) Administration.--
(1) Appointments.--The Executive Board of the Fund should
appoint--
(A) an Administrator, who should be responsible for
managing the day-to-day operations of the Fund; and
(B) an independent Inspector General, who should be
responsible for monitoring grants implementation and
proactively safeguarding against conflicts of interests.
(2) Authority to accept and solicit contributions.--The
Fund should be authorized to solicit and accept contributions
from governments, the private sector, foundations,
individuals, and nongovernmental entities of all kinds.
(3) Accountability; conflicts of interest; criteria for
programs.--As part of the negotiations described in
subsection (b)(1), the Secretary of the State, consistent
with paragraph (4), shall--
(A) take such actions as may be necessary to ensure that
the Fund will have in effect adequate procedures and
standards to account for and monitor the use of funds
contributed to the Fund, including the cost of administering
the Fund;
(B) seek to ensure there is agreement to put in place a
conflict of interest policy to ensure fairness and a high
standard of ethical conduct in the Fund`s decision-making
processes, including proactive procedures to screen staff for
conflicts of interest and measures to address any conflicts,
such as--
(i) potential divestments of interests;
(ii) prohibition from engaging in certain activities;
(iii) recusal from certain decision-making and
administrative processes; and
(iv) representation by an alternate board member; and
(C) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted
by the Fund.
(4) Selection of partner countries, projects, and
recipients.--The Executive Board should establish--
(A) eligible partner country selection criteria, including
transparent metrics to measure and assess global health
security and pandemic prevention and preparedness strengths
and vulnerabilities in countries seeking assistance;
(B) minimum standards for ensuring eligible partner country
ownership and commitment to long-term results, including
requirements for domestic budgeting, resource mobilization,
and co-investment;
(C) criteria for the selection of projects to receive
support from the Fund;
(D) standards and criteria regarding qualifications of
recipients of such support; and
(E) such rules and procedures as may be necessary--
(i) for cost-effective management of the Fund; and
(ii) to ensure transparency and accountability in the
grant-making process.
(5) Additional transparency and accountability
requirements.--
(A) Inspector general.--
(i) In general.--The Secretary of State shall seek to
ensure that the Fund maintains and independent Office of the
Inspector General, appointed pursuant to paragraph (1)(B),
who--
[[Page S6309]]
(I) is fully enabled to operate independently and
transparently;
(II) is supported by and with the requisite resources and
capacity to regularly conduct and publish, on a publicly
accessible website, rigorous financial, programmatic, and
reporting audits and investigations of the Fund and its
grantees, including subgrantees; and
(III) establishes an investigative unit that--
(aa) develops an oversight mechanism to ensure that grant
funds are not diverted to illicit or corrupt purposes or
activities; and
(bb) submits an annual report to the Executive Board
describing its activities, investigations, and results.
(ii) Sense of congress on corruption.--It is the sense of
Congress that--
(I) corruption within global health programs contribute
directly to the loss of human life and cannot be tolerated;
and
(II) in making financial recoveries relating to a corrupt
act or criminal conduct committed by a grant recipient, as
determined by the Inspector General, the responsible grant
recipient should be assessed at a recovery rate of up to 150
percent of such loss.
(B) Administrative expenses; financial tracking systems.--
The Secretary of State shall seek to ensure the Fund
establishes, maintains, and makes publicly available--
(i) a system to track the administrative and management
costs of the Fund on a quarterly basis; and
(ii) a system to track the amount of funds disbursed to
each grant recipient and subrecipient during each grant`s
fiscal cycle.
(C) Exemption from duties and taxes.--The Secretary should
ensure that the Fund adopts rules that condition grants upon
agreement by the relevant national authorities in an eligible
partner country to exempt from duties and taxes all products
financed by such grants, including procurements by any
principal or subrecipient for the purpose of carrying out
such grants.
(e) Technical Advisory Panel.--
(1) In general.--There should be an Technical Advisory
Panel to the Fund.
(2) Appointments.--The members of the Technical Advisory
Panel should be composed of--
(A) a geographically diverse group of individuals that
includes representation from low- and middle-income
countries;
(B) individuals with experience and leadership in the
fields of development, global health, epidemiology, medicine,
biomedical research, and social sciences; and
(C) representatives of relevant United Nations agencies,
including the World Health Organization, and nongovernmental,
faith-based, and indigenous organizations with on-the ground
experience in implementing global health programs in low and
lower-middle income countries.
(3) Responsibilities.--The Technical Advisory Panel should
provide advice and guidance to the Executive Board of the
Fund on the development and implementation of programs and
projects to be assisted by the Fund and on leveraging
donations to the Fund.
(4) Prohibition on payment of compensation.--
(A) In general.--Except for travel expenses (including per
diem in lieu of subsistence), no member of the Technical
Advisory Panel should receive compensation for services
performed as a member of the Board.
(B) United states representative.--Notwithstanding any
other provision of law (including an international
agreement), a representative of the United States on the
Technical Advisory Panel may not accept compensation for
services performed as a member of the Technical Advisory
Panel, except that such representative may accept travel
expenses, including per diem in lieu of subsistence, while
away from the representative`s home or regular place of
business in the performance of services for the Technical
Advisory Panel.
(5) Conflicts of interest.--Members of the Technical
Advisory Panel should be required--
(A) to disclose any potential conflicts of interest before
serving on the Technical Advisory Panel; and
(B) to recuse themselves from any matters that present any
conflicts of interest during their service on the Technical
Advisory Panel.
(f) Reports to Congress.--
(1) Status report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
coordination with the USAID Administrator, and the heads of
other relevant Federal departments and agencies, shall submit
a report to the appropriate congressional committees that
describes the progress of international negotiations to
establish the Fund.
(2) Annual report.--
(A) In general.--Not later than 1 year after the date on
which the Fund is established, and annually thereafter for
the duration of the Fund, the Secretary of State shall submit
a report on the activities of the Fund to the appropriate
congressional committees.
(B) Report elements.--The report required under
subparagraph (A) shall describe--
(i) the goals of the Fund;
(ii) the programs, projects, and activities supported by
the Fund;
(iii) private and governmental contributions to the Fund;
and
(iv) the criteria utilized to determine the programs and
activities that should be assisted by the Fund, including
baselines, targets, desired outcomes, measurable goals, and
extent to which those goals are being achieved.
(3) GAO report on effectiveness.--Not later than 2 years
after the date on which the Fund is established, the
Comptroller General of the United States shall submit a
report to the appropriate congressional committees that
evaluates the effectiveness of the Fund, including--
(A) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(B) an assessment of the merits of continued United States
participation in the Fund.
(g) United States Contributions.--
(1) In general.--Subject to paragraph (4)(C), the President
may release Federal funding that has been appropriated by
Congress for United States contributions to the Fund.
(2) Notification.--The Secretary of State shall notify the
appropriate congressional committees not later than 15 days
before making a contribution to the Fund of--
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors; and
(C) the national interests served by United States
participation in the Fund.
(3) Limitation.--During the 5-year period beginning on the
date of the enactment of this Act, the cumulative total of
United States contributions to the Fund may not exceed 33
percent of the total contributions to the Fund from all
sources.
(4) Withholdings.--
(A) Support for acts of international terrorism.--If the
Secretary of State determines that the Fund has provided
assistance to a country, the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)
has repeatedly provided support for acts of international
terrorism, the United States shall withhold from its
contribution to the Fund for the next fiscal year an amount
equal to the amount expended by the Fund to the government of
such country.
(B) Excessive salaries.--If the Secretary of State
determines that the salary during any of the first 5 fiscal
years beginning after the date of the enactment of this Act
of any individual employed by the Fund exceeds the salary of
the Vice President of the United States for such fiscal year,
the United States should withhold from its contribution for
the following fiscal year an amount equal to the aggregate
difference between the 2 salaries.
(C) Accountability certification requirement.--The
Secretary of State may withhold not more than 20 percent of
planned United States contributions to the Fund until the
Secretary certifies to the appropriate congressional
committees that the Fund has established procedures to
provide access by the Office of Inspector General of the
Department of State, as cognizant Inspector General, the
Inspector General of the Department of Health and Human
Services, the USAID Inspector General, and the Comptroller
General of the United States to the Fund`s financial data and
other information relevant to United States contributions to
the Fund (as determined by the Inspector General of the
Department of State, in consultation with the Secretary of
State).
SEC. 6296. GENERAL PROVISIONS.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary, for the 5-year period beginning on October 1,
2022, $5,000,000,000, which--
(A) shall be used to carry out sections 6299H and 6299I, in
consultation with the appropriate congressional committees
and subject to the requirements under chapters 1 and 10 of
part I and section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.); and
(B) may include support for--
(i) enhancing pandemic prevention, preparedness, and
response in partner countries through implementation of the
Global Health Security and Diplomacy Strategy developed
pursuant to section 6294; and
(ii) United States contributions to a multilateral,
catalytic financing mechanism for global health security and
pandemic prevention and preparedness described in section
6295.
(2) Exception.--Section 110 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107) shall not apply to
assistance made available pursuant to this subsection.
(b) Compliance With the Foreign Aid Transparency and
Accountability Act of 2016.--Section 2(3) of the Foreign Aid
Transparency and Accountability Act of 2016 (Public Law 114-
191; 22 U.S.C. 2394c note) is amended--
(1) in subparagraph (D), by striking ``and`` at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and``; and
(3) by adding at the end the following:
``(F) the International Pandemic Preparedness and COVID-19
Response Act of 2022.``.
SEC. 6297. SUNSET.
This subtitle, and the amendments to this subtitle, shall
cease to be effective on September 30, 2027.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
SEC. 6501. SENSE OF THE SENATE ON PERSONNEL FOR THE SPACE
DEVELOPMENT AGENCY.
It is the sense of the Senate that--
[[Page S6310]]
(1) as the Space Development Agency transfers into the
United States Space Force in October 2022, the Space
Development Agency should retain the original organizational
structure during that process, including leadership
positions;
(2) there should be a transfer of three Senior Executive
Service positions authorized for the Department of Defense to
the Space Development Agency;
(3) the modification described in paragraph (2) should be
approved per the National Defense Authorization Act for
Fiscal Year 2021 Joint Explanatory Statement, which directed
that when the Space Development Agency transfers to the
Department of the Air Force, the Space Development Agency
shall retain the equivalent position of tier-3 Senior
Executive Service; and
(4) the Director of the Space Development Agency should
maintain equivalency to--
(A) the Commander of Space Systems Command;
(B) the Director of the Department of the Air Force Rapid
Capabilities Office;
(C) the Director of the Space Security and Defense Program;
(D) the Director of the Space Warfighting Analysis Center;
(E) the Director of the Space Rapid Capabilities Office;
(F) the Commander of Space Operations Command; and
(G) the Commander of Space Training and Readiness Command.
SEC. 6502. AUTHORIZATION OF WORKFORCE DEVELOPMENT AND
TRAINING PARTNERSHIP PROGRAMS WITHIN NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--The Administrator for Nuclear Security may
authorize management and operating contractors at covered
facilities to develop and implement workforce development and
training partnership programs with covered institutions to
further the education and training of employees or
prospective employees of such management and operating
contractors in order to meet the requirements of section 4219
of the Atomic Energy Defense Act (50 U.S.C. 2538a).
(b) Capacity.--To carry out subsection (a), a management
and operating contractor at a covered facility may provide to
a covered institution funding through grants or other means
to cover the costs of the development and implementation of a
workforce development and training partnership program
authorized under subsection (a), including costs related to
curriculum development, hiring of teachers, procurement of
equipment and machinery, use of facilities or other
properties, and provision of scholarships and fellowships.
(c) Definitions.--In this section:
(1) Covered institution.--The term ``covered institution``
means--
(A) a historically Black college or university;
(B) a Hispanic-serving institution; or
(C) a Tribal College or University.
(2) Covered facility.--The term ``covered facility``
means--
(A) Los Alamos National Laboratory, Los Alamos, New Mexico;
or
(B) the Savannah River Site, Aiken, South Carolina.
(3) Hispanic-serving institution.--The term ``Hispanic-
serving institution`` has the meaning given that term in
section 502 of the Higher Education Act of 1965 (20 U.S.C.
1101a).
(4) 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).
(5) Prospective employee.--The term ``prospective
employee`` means an individual who has applied or who, based
on their field of study and experience, is likely to apply
for a position of employment with a management and operating
contractor to support plutonium pit production at a covered
facility.
(6) Tribal college or university.--The term ``Tribal
College or University`` has the meaning given that term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
SEC. 6503. IRAN NUCLEAR WEAPONS CAPABILITY AND TERRORISM
MONITORING ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Iran
Nuclear Weapons Capability and Terrorism Monitoring Act of
2022``.
(b) Findings.--Congress makes the following findings:
(1) In the late 1980s, the Islamic Republic of Iran
established the AMAD Project with the intent to manufacture 5
nuclear weapons and prepare an underground nuclear test site.
(2) Since at least 2002, the Islamic Republic of Iran has
advanced its nuclear and ballistic missile programs, posing
serious threats to the security interests of the United
States, Israel, and other allies and partners.
(3) In 2002, nuclear facilities in Natanz and Arak, Iran,
were revealed to the public by the National Council of
Resistance of Iran.
(4) On April 11, 2006, the Islamic Republic of Iran
announced that it had enriched uranium for the first time to
a level close to 3.5 percent at the Natanz Pilot Fuel
Enrichment Plant, Natanz, Iran.
(5) On December 23, 2006, the United Nations Security
Council adopted Resolution 1737 (2006), which imposed
sanctions with respect to the Islamic Republic of Iran for
its failure to suspend enrichment activities.
(6) The United Nations Security Council subsequently
adopted Resolutions 1747 (2007), 1803 (2008), and 1929
(2010), all of which targeted the nuclear program of and
imposed additional sanctions with respect to the Islamic
Republic of Iran.
(7) On February 3, 2009, the Islamic Republic of Iran
announced that it had launched its first satellite, which
raised concern over the applicability of the satellite to the
ballistic missile program.
(8) In September 2009, the United States, the United
Kingdom, and France revealed the existence of the clandestine
Fordow Fuel Enrichment Plant in Iran, years after
construction started on the plant.
(9) In 2010, the Islamic Republic of Iran reportedly had
enriched uranium to a level of 20 percent.
(10) On March 9, 2016, the Islamic Republic of Iran
launched 2 variations of the Qadr medium-range ballistic
missile.
(11) On January 28, 2017, the Islamic Republic of Iran
conducted a test of a medium-range ballistic missile, which
traveled an estimated 600 miles.
(12) In 2018, Israel seized a significant portion of the
nuclear archive of the Islamic Republic of Iran, which
contained tens of thousands of files and compact discs
relating to past efforts at nuclear weapon design,
development, and manufacturing by the Islamic Republic of
Iran.
(13) On September 27, 2018, Israel revealed the existence
of a warehouse housing radioactive material in the Turquz
Abad district in Tehran, and an inspection of the warehouse
by the International Atomic Energy Agency detected
radioactive particles, which the Government of the Islamic
Republic of Iran failed to adequately explain.
(14) On January 8, 2020, an Iranian missile struck an Iraqi
military base where members of the United States Armed Forces
were stationed, resulting in 11 of such members being treated
for injuries.
(15) On June 19, 2020, the International Atomic Energy
Agency adopted Resolution GOV/2020/34 expressing ``serious
concern. . . that Iran has not provided access to the Agency
under the Additional Protocol to two locations``.
(16) On November 28, 2020, following the death of the head
of the Organization of Defense Innovation and Research of the
Islamic Republic of Iran, the Supreme Leader of the Islamic
Republic of Iran vowed to ``to continue the martyr`s
scientific and technological efforts in all the sectors where
he was active`` in the ``nuclear and defense fields``.
(17) On April 17, 2021, the International Atomic Energy
Agency verified that the Islamic Republic of Iran had begun
to enrich uranium to 60 percent purity.
(18) On August 14, 2021, President of Iran Hassan Rouhani
stated that ``Iran`s Atomic Energy Organization can enrich
uranium by 20 percent and 60 percent and if one day our
reactors need it, it can enrich uranium to 90 percent
purity``.
(19) On November 9, 2021, the Islamic Republic of Iran
completed Zolfaghar-1400, a 3-day war game that included
conventional navy, army, air force, and air defense forces
testing cruise missiles, torpedoes, and suicide drones in the
Strait of Hormuz, the Gulf of Oman, the Red Sea, and the
Indian Ocean.
(20) On December 20, 2021, the Islamic Republic of Iran
commenced a 5-day drill in which it launched a number of
short- and long-range ballistic missiles that it claimed
could destroy Israel, constituting an escalation in the
already genocidal rhetoric of the Islamic Republic of Iran
toward Israel.
(21) On January 13, 2022, the head of the Islamic
Revolutionary Guards Corps Aerospace Force claimed that the
military launched a solid-fuel, mobile satellite launch
rocket, with implications for development of an
intercontinental ballistic missile.
(22) On January 24, 2022, Houthi rebels, backed by the
Islamic Republic of Iran, fired 2 missiles at Al Dhafra Air
Base in the United Arab Emirates, which hosts around 2,000
members of the Armed Forces of the United States.
(23) On January 31, 2022, surface-to-air interceptors of
the United Arab Emirates shot down a Houthi missile fired at
the United Arab Emirates during a visit by President of
Israel Isaac Herzog, the first-ever visit of an Israeli
President to the United Arab Emirates.
(24) On February 9, 2022, the Islamic Republic of Iran
unveiled a new surface-to-surface missile, named ``Kheibar
Shekan``, which has a reported range of 900 miles (1450
kilometers) and is capable of penetrating missile shields.
(25) On March 13, 2022, the Islamic Republic of Iran
launched 12 missiles into Erbil, Iraq, which struck near a
consulate building of the United States.
(26) On April 17, 2022, the Islamic Republic of Iran
confirmed the relocation of a production facility for
advanced centrifuges from an aboveground facility at Karaj,
Iran, to the fortified underground Natanz Enrichment Complex.
(27) On April 19, 2022, the Department of State released a
report stating that there are ``serious concerns`` about
``possible undeclared nuclear material and activities in
Iran``.
(28) On May 30, 2022, the International Atomic Energy
Agency reported that the Islamic Republic of Iran had
achieved a stockpile of 43.3 kilograms, equivalent to 95.5
pounds, of 60 percent highly enriched uranium, roughly enough
material for a nuclear weapon.
[[Page S6311]]
(29) On June 8, 2022, the Islamic Republic of Iran turned
off surveillance cameras installed by the International
Atomic Energy Agency to monitor uranium enrichment activities
at nuclear sites in the country.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the Department of State has used evidence of the intent
of the Islamic Republic of Iran to advance a nuclear program
to secure the support of the international community in
passing and implementing United Nations Security Council
Resolutions on the Islamic Republic of Iran;
(2) intelligence agencies have compiled evidence of the
intent of the Islamic Republic of Iran to advance a nuclear
program, with evidence of a nuclear program prior to 2003;
(3) an Islamic Republic of Iran that possesses a nuclear
weapons capability would be a serious threat to the national
security of the United States, Israel, and other allies and
partners;
(4) the Islamic Republic of Iran has been less than
cooperative with international inspectors from the
International Atomic Energy Agency and has obstructed their
ability to inspect nuclear facilities across Iran;
(5) the Islamic Republic of Iran continues to advance
missile programs, which are a threat to the national security
of the United States, Israel, and other allies and partners;
(6) the Islamic Republic of Iran continues to support
proxies in the Middle East in a manner that--
(A) undermines the sovereignty of regional governments;
(B) threatens the safety of United States citizens;
(C) threatens United States allies and partners; and
(D) directly undermines the national security interests of
the United States;
(7) the Islamic Republic of Iran has engaged in
assassination plots against former United States officials
and has been implicated in plots to kidnap United States
citizens within the United States;
(8) the Islamic Republic of Iran is engaged in unsafe and
unprofessional maritime activity that threatens the movement
of naval vessels of the United States and the free flow of
commerce through strategic maritime chokepoints in the Middle
East and North Africa;
(9) the Islamic Republic of Iran has delivered hundreds of
armed drones to the Russian Federation, which will enable
Vladimir Putin to continue the assault against Ukraine in
direct opposition of the national security interests of the
United States; and
(10) the United States must--
(A) ensure that the Islamic Republic of Iran does not
develop a nuclear weapons capability;
(B) protect against aggression from the Islamic Republic of
Iran manifested through its missiles program; and
(C) counter regional and global terrorism of the Islamic
Republic of Iran in a manner that minimizes the threat posed
by state and non-state actors to the interests of the United
States.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees`` means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Armed Services, the
Committee on Energy and Natural Resources, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Armed Services, the
Committee on Energy and Commerce, and the Permanent Select
Committee on Intelligence of the House of Representatives.
(2) Comprehensive safeguards agreement.--The term
``Comprehensive Safeguards Agreement`` means the Agreement
between the Islamic Republic of Iran and the International
Atomic Energy Agency for the Application of Safeguards in
Connection with the Treaty on the Non-Proliferation of
Nuclear Weapons, done at Vienna June 19, 1973.
(3) Intelligence community.--The term ``intelligence
community`` has the meaning given the term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
(4) Task force.--The term ``task force`` means the task
force established under subsection (e).
(5) Unmanned aircraft system.--The term ``unmanned aircraft
system`` has the meaning given the term in section 44801 of
title 49, United States Code.
(e) Establishment of Interagency Task Force on Nuclear
Activity and Global Regional Terrorism of the Islamic
Republic of Iran.--
(1) Establishment.--The Secretary of State shall establish
a task force to coordinate and synthesize efforts by the
United States Government regarding--
(A) nuclear activity of the Islamic Republic of Iran or its
proxies; and
(B) regional and global terrorism activity by the Islamic
Republic of Iran or its proxies.
(2) Composition.--
(A) Chairperson.--The Secretary of State shall be the
Chairperson of the task force.
(B) Membership.--
(i) In general.--The task force shall be composed of
individuals, each of whom shall be an employee of and
appointed to the task force by the head of one of the
following agencies:
(I) The Department of State.
(II) The Office of the Director of National Intelligence.
(III) The Department of Defense.
(IV) The Department of Energy.
(V) The Central Intelligence Agency.
(ii) Additional members.--The Chairperson may appoint to
the task force additional individuals from other Federal
agencies, as the Chairperson considers necessary.
(3) Sunset.--The task force shall terminate on December 31,
2028.
(f) Assessments.--
(1) Intelligence assessment on nuclear activity.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, and every 120 days thereafter
until December 31, 2028, the Director of National
Intelligence shall submit to the appropriate congressional
committees an assessment regarding any uranium enrichment,
nuclear weapons development, delivery vehicle development,
and associated engineering and research activities of the
Islamic Republic of Iran.
(B) Contents.--The assessment required by subparagraph (A)
shall include--
(i) a description and location of current fuel cycle
activities for the production of fissile material being
undertaken by the Islamic Republic of Iran, including--
(I) research and development activities to procure or
construct additional advanced IR-2, IR-6 and other model
centrifuges and enrichment cascades, including for stable
isotopes;
(II) research and development of reprocessing capabilities,
including--
(aa) reprocessing of spent fuel; and
(bb) extraction of medical isotopes from irradiated uranium
targets;
(III) activities with respect to designing or constructing
reactors, including--
(aa) the construction of heavy water reactors;
(bb) the manufacture or procurement of reactor components,
including the intended application of such components; and
(cc) efforts to rebuild the original reactor at Arak;
(IV) uranium mining, concentration, conversion, and fuel
fabrication, including--
(aa) estimated uranium ore production capacity and annual
recovery;
(bb) recovery processes and ore concentrate production
capacity and annual recovery;
(cc) research and development with respect to, and the
annual rate of, conversion of uranium; and
(dd) research and development with respect to the
fabrication of reactor fuels, including the use of depleted,
natural, and enriched uranium; and
(V) activities with respect to--
(aa) producing or acquiring plutonium or uranium (or their
alloys);
(bb) conducting research and development on plutonium or
uranium (or their alloys);
(cc) uranium metal; or
(dd) casting, forming, or machining plutonium or uranium;
(ii) with respect to any activity described in clause (i),
a description, as applicable, of--
(I) the number and type of centrifuges used to enrich
uranium and the operating status of such centrifuges;
(II) the number and location of any enrichment or
associated research and development facility used to engage
in such activity;
(III) the amount of heavy water, in metric tons, produced
by such activity and the acquisition or manufacture of major
reactor components, including, for the second and subsequent
assessments, the amount produced since the last assessment;
(IV) the number and type of fuel assemblies produced by the
Islamic Republic of Iran, including failed or rejected
assemblies; and
(V) the total amount of--
(aa) uranium-235 enriched to not greater than 5 percent
purity;
(bb) uranium-235 enriched to greater than 5 percent purity
and not greater than 20 percent purity ;
(cc) uranium-235 enriched to greater than 20 percent purity
and not greater than 60 percent purity;
(dd) uranium-235 enriched to greater than 60 percent purity
and not greater than 90 percent purity; and
(ee) uranium-235 enriched greater than 90 percent purity;
(iii) a description of any weaponization plans and weapons
development capabilities of the Islamic Republic of Iran,
including--
(I) plans and capabilities with respect to--
(aa) weapon design, including fission, warhead
miniaturization, and boosted and early thermonuclear weapon
design;
(bb) high yield fission development;
(cc) design, development, acquisition, or use of computer
models to simulate nuclear explosive devices;
(dd) design, development, fabricating, acquisition, or use
of explosively driven neutron sources or specialized
materials for explosively driven neutron sources; and
(ee) design, development, fabrication, acquisition, or use
of precision machining and tooling that could enable the
production of nuclear explosive device components;
(II) the ability of the Islamic Republic of Iran to deploy
a working or reliable delivery vehicle capable of carrying a
nuclear warhead;
[[Page S6312]]
(III) the estimated breakout time for the Islamic Republic
of Iran to develop and deploy a nuclear weapon, including a
crude nuclear weapon; and
(IV) the status and location of any research and
development work site related to the preparation of an
underground nuclear test;
(iv) an identification of any clandestine nuclear
facilities;
(v) an assessment of whether the Islamic Republic of Iran
maintains locations to store equipment, research archives, or
other material previously used for a weapons program or that
would be of use to a weapons program that the Islamic
Republic of Iran has not declared to the International Atomic
Energy Agency;
(vi) any diversion by the Islamic Republic of Iran of
uranium, carbon-fiber, or other materials for use in an
undeclared or clandestine facility;
(vii) an assessment of activities related to developing or
acquiring the capabilities for the production of nuclear
weapons, conducted at facilities controlled by the Ministry
of Defense and Armed Forces Logistics of Iran, the Islamic
Revolutionary Guard Corps, and the Organization of Defensive
Innovation and Research, including an analysis of gaps in
knowledge due to the lack of inspections and nontransparency
of such facilities;
(viii) a description of activities between the Islamic
Republic of Iran and other countries with respect to sharing
information on nuclear weapons or activities related to
weaponization;
(ix) with respect to any new ballistic, cruise, or
hypersonic missiles being designed and tested by the Islamic
Republic of Iran or any of its proxies, a description of--
(I) the type of missile;
(II) the range of such missiles;
(III) the capability of such missiles to deliver a nuclear
warhead;
(IV) the number of such missiles; and
(V) any testing of such missiles;
(x) an assessment of whether the Islamic Republic of Iran
or any of its proxies possesses an unmanned aircraft system
or other military equipment capable of delivering a nuclear
weapon;
(xi) an assessment of whether the Islamic Republic of Iran
or any of its proxies has engaged in new or evolving nuclear
weapons development activities, or activities related to
developing the capabilities for the production of nuclear
weapons or potential delivery vehicles, that would pose a
threat to the national security of the United States, Israel,
or other partners or allies; and
(xii) any other information that the task force determines
is necessary to ensure a complete understanding of the
capability of the Islamic Republic of Iran to develop and
manufacture nuclear or other types of associated weapons
systems.
(2) Assessment on regional and global terrorism of the
islamic republic of iran.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, and every 120 days thereafter
until December 31, 2028, the Director of National
Intelligence shall submit to the appropriate congressional
committees an assessment regarding the regional and global
terrorism of the Islamic Republic of Iran.
(B) Contents.--The assessment required by subparagraph (A)
shall include--
(i) a description of the lethal support of the Islamic
Republic of Iran, including training, equipment, and
associated intelligence support, to regional and global non-
state terrorist groups and proxies;
(ii) a description of the lethal support of the Islamic
Republic of Iran, including training and equipment, to state
actors;
(iii) an assessment of financial support of the Islamic
Republic of Iran to Middle Eastern non-state terrorist groups
and proxies and associated Iranian revenue streams funding
such support;
(iv) an assessment of the threat posed by the Islamic
Republic of Iran and Iranian-supported groups to members of
the Armed Forces, diplomats, and military and diplomatic
facilities of the United States throughout the Middle East
and North Africa;
(v) a description of attacks by, or sponsored by, the
Islamic Republic of Iran against members of the Armed Forces,
diplomats, and military and diplomatic facilities of the
United States and the associated response by the United
States Government in the previous 120 days;
(vi) a description of attacks by, or sponsored by, the
Islamic Republic of Iran against United States partners or
allies and the associated response by the United States
Government in the previous 120 days;
(vii) an assessment of interference by the Islamic Republic
of Iran into the elections and political processes of
sovereign countries in the Middle East and North Africa in an
effort to create conditions for or shape agendas more
favorable to the policies of the Government of the Islamic
Republic of Iran;
(viii) a description of any plots by the Islamic Republic
of Iran against former and current United States officials;
(ix) a description of any plots by the Islamic Republic of
Iran against United States citizens both abroad and within
the United States; and
(x) a description of maritime activity of the Islamic
Republic of Iran and associated impacts on the free flow of
commerce and the national security interests of the United
States.
(3) Form; public availability; duplication.--
(A) Form.--Each assessment required by this subsection
shall be submitted in unclassified form but may include a
classified annex for information that, if released, would be
detrimental to the national security of the United States.
(B) Public availability.--The unclassified portion of an
assessment required by this subsection shall be made
available to the public on an internet website of the Office
of the Director of National Intelligence.
(C) Duplication.--For any assessment required by this
subsection, the Director of National Intelligence may rely
upon existing products that reflect the current analytic
judgment of the intelligence community, including reports or
products produced in response to congressional mandate or
requests from executive branch officials.
(g) Diplomatic Strategy to Address Identified Nuclear,
Ballistic Missile, and Terrorism Threats to the United
States.--
(1) In general.--Not later than 30 days after the
submission of the initial assessment under subsection (f)(1),
and annually thereafter until December 31, 2028, the
Secretary of State, in consultation with the task force,
shall submit to the appropriate congressional committees a
diplomatic strategy that outlines a comprehensive plan for
engaging with partners and allies of the United States
regarding uranium enrichment, nuclear weaponization, and
missile development activities and regional and global
terrorism of the Islamic Republic of Iran.
(2) Contents.--The diplomatic strategy required by
paragraph (1) shall include--
(A) an assessment of whether the Islamic Republic of Iran--
(i) is in compliance with the Comprehensive Safeguards
Agreement and modified Code 3.1 of the Subsidiary
Arrangements to the Comprehensive Safeguards Agreement; and
(ii) has denied access to sites that the International
Atomic Energy Agency has sought to inspect during previous 1-
year period;
(B) a description of any dual-use item (as defined under
section 730.3 of title 15, Code of Federal Regulations or
listed on the List of Nuclear-Related Dual-Use Equipment,
Materials, Software, and Related Technology issued by the
Nuclear Suppliers Group or any successor list) the Islamic
Republic of Iran is using to further the nuclear weapon or
missile program;
(C) a description of efforts of the United States to
counter efforts of the Islamic Republic of Iran to project
political and military influence into the Middle East;
(D) a description of efforts to address the increased
threat that new or evolving uranium enrichment, nuclear
weaponization, or missile development activities by the
Islamic Republic of Iran pose to United States citizens, the
diplomatic presence of the United States in the Middle East,
and the national security interests of the United States;
(E) a description of efforts to address the threat that
terrorism by, or sponsored by, the Islamic Republic of Iran
poses to United States citizens, the diplomatic presence of
the United States in the Middle East, and the national
security interests of the United States;
(F) a description of efforts to address the impact of the
influence of the Islamic Republic of Iran on sovereign
governments on the safety and security of United States
citizens, the diplomatic presence of the United States in the
Middle East, and the national security interests of the
United States;
(G) a description of a coordinated whole-of-government
approach to use political, economic, and security related
tools to address such activities; and
(H) a comprehensive plan for engaging with allies and
regional partners in all relevant multilateral fora to
address such activities.
(3) Updated strategy related to notification.--Not later
than 15 days after the submission of a notification to
Congress that there has been a significant development in the
nuclear weapons capability or delivery systems capability of
the Islamic Republic of Iran, the Secretary of State shall
submit to the appropriate congressional committees an update
to the most recent diplomatic strategy submitted under
paragraph (1).
TITLE LXVI--CYBERSPACE-RELATED MATTERS
SEC. 6601. ADDITIONAL AMOUNT FOR CYBER PARTNERSHIP
ACTIVITIES.
(a) Additional Amount.--Of the amount authorized to be
appropriated under this Act for United States Air Force, the
amount available for cyber partnership activities (PE-
0208059F) is hereby increased by $500,000, with the amount of
such increase to be used to support additional travel and
workload to achieve an initial intent of expanded Jordanian
engagement.
(b) Offset.--Of the amount authorized to be appropriated
under this Act for United States Navy, the amount available
for the SHARKCAGE program (PE-0303140N) is hereby reduced by
$500,000.
[[Page S6313]]
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
SEC. 7801. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION
OF CERTAIN STATUTORY PROVISIONS INTENDED TO
IMPROVE THE EXPERIENCE OF RESIDENTS OF
PRIVATIZED MILITARY HOUSING.
(a) Assessment Required.--
(1) In general.--The Comptroller General of the United
States shall conduct an independent assessment of the
implementation by the Department of Defense of sections 2890,
2891c(b), and 2894(c) of title 10, United States Code.
(2) Elements.--The assessment required under paragraph (1)
shall include--
(A) a summary and evaluation of the analysis and
information provided to residents of privatized military
housing regarding the assessment of performance indicators
pursuant to section 2891c(b) of title 10, United States Code,
and the extent to which such residents have requested such an
assessment;
(B) a summary of the extent to which the Department
collects and uses data on whether members of the Armed Forces
and their families residing in privatized military housing,
including family and unaccompanied housing, have exercised
the rights afforded in the Military Housing Privatization
Initiative Tenant Bill of Rights under subsection (a) of
section 2890 of title 10, United States Code, to include the
rights specified under paragraphs (8), (12), (13), (14), and
(15) of subsection (b) of such section, and an evaluation of
the implementation by each military department of such
section;
(C) an evaluation of the implementation by each military
department of section 2894(c) of title 10, United States
Code, including, with regard to paragraph (5) of such
section--
(i) the number of requests that have been resolved
favorably; and
(ii) the number of requests that have been resolved in
compliance within the required time period; and
(D) such other matters as the Comptroller General considers
necessary.
(b) Briefing and Report.--
(1) Briefing.--Not later than March 31, 2022, the
Comptroller General shall provide to the Committees on Armed
Services of the Senate and the House of Representatives an
interim briefing on the assessment conducted under subsection
(a).
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the assessment conducted
under subsection (a).
(c) Privatized Military Housing Defined.--In this section,
the term ``privatized military housing`` means military
housing provided under subchapter IV of chapter 169 of title
10, United States Code.
SEC. 7802. LAND CONVEYANCE, STARKVILLE, MISSISSIPPI.
(a) Conveyance Authorized.--The Secretary of the Army (in
this section referred to as the ``Secretary``) may convey to
the City of Starkville, Mississippi (in this section referred
to as the ``City``), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, located at 343 Highway 12, Starkville,
Mississippi 39759, to be used for economic development
purposes.
(b) Reversionary Interest.--
(1) In general.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest
in and to the property, including any improvements thereto,
shall, at the option of the Secretary, revert to and become
the property of the United States, and the United States
shall have the right of immediate entry onto such property.
(2) Determination.--A determination by the Secretary under
paragraph (1) shall be made on the record after an
opportunity for a hearing.
(c) Consideration.--
(1) In general.--As consideration for the conveyance of
property under subsection (a), the City shall pay to the
United States an amount equal to the fair market value of the
property to be conveyed.
(2) Determination of fair market value.--The Secretary
shall determine the fair market value of the property to be
conveyed under subsection (a) using an independent appraisal
based on the highest and best use of the property.
(3) Treatment of consideration received.--Consideration
received under paragraph (1) shall be deposited in the
special account in the Treasury established under
subparagraph (A) of section 572(b)(5) of title 40, United
States Code, and shall be available in accordance with
subparagraph (B) of such section.
(d) Payment of Costs of Conveyance.--
(1) Payment.--
(A) In general.--The Secretary may require the City to
cover all costs (except costs for environmental remediation
of the property) to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs for environmental documentation, and any
other administrative costs related to the conveyance.
(B) Refund.--If amounts are collected from the City under
subparagraph (A) in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyance under subsection (a), the Secretary shall refund
the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the
costs were paid. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 7803. LAND CONVEYANCE, LEWES, DELAWARE.
(a) Conveyance Authorized.--The Secretary of the Army (in
this section referred to as the ``Secretary``) may convey,
without consideration, to the City of Lewes, Delaware (in
this section referred to as the ``City``), all right, title,
and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 5.26 acres located at 1137 Savannah Road,
Lewes, Delaware 19958, for the purpose of housing a new
municipal campus for Lewes City Hall, a police station, and a
board of public works.
(b) Reversionary Interest.--
(1) In general.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest
in and to the property, including any improvements thereto,
may, at the option of the Secretary, revert to and become the
property of the United States, and the United States may have
the right of immediate entry onto such property.
(2) Determination.--A determination by the Secretary under
paragraph (1) may be made on the record after an opportunity
for a hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment authorized.--
(A) In general.--The Secretary may require the City to
cover all costs (except costs for environmental remediation
of the property) to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs for environmental documentation, and any
other administrative costs related to the conveyance.
(B) Refund.--If amounts are collected from the City under
subparagraph (A) in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyance under subsection (a), the Secretary may refund the
excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
may be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the
costs were paid. Amounts so credited may be merged with
amounts in such fund or account and may be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) may be determined by a survey satisfactory to the
Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 8101. PLAN TO ACCELERATE RESTORATION OF DOMESTIC URANIUM
ENRICHMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States is engaged in a period of intense
strategic competition with 2 peer adversaries, each of which
aims to develop nuclear forces superior to the nuclear forces
of the United States and its allies in the North Atlantic
Treaty Organization;
(2) successfully deterring the aims of such adversaries and
preserving the national security of the United States and the
security of its allies requires that the United States
maintain a capable, credible nuclear force, including the
capability to produce the materials needed to manufacture
nuclear weapons and provide reliable sources of energy for
naval vessels and military facilities; and
[[Page S6314]]
(3) a key component to achieving those goals is the
restoration of the domestic uranium enrichment capability of
the United States, a component that will allow the United
States to make significant strides toward improved energy
independence by reducing reliance on international sources of
enriched uranium and opening up tremendous opportunities for
improving the competitiveness of the United States in the
international energy economy.
(b) Plan.--
(1) In general.--Not later than June 1, 2023, the Secretary
of Defense, in coordination with the Administrator for
Nuclear Security, shall submit to the congressional defense
committees a plan to restore the domestic uranium enrichment
capability of the United States by not later than 2035.
(2) Elements.--The plan required by paragraph (1) shall
include the following elements:
(A) Recommendations restore unobligated uranium production,
conversion and enrichment capabilities, including production
of high-enriched uranium--
(i) to refurbish the nuclear weapons stockpile of the
United States over a period of not more than 30 years;
(ii) to 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
(iii) to satisfy the annual requirements of the United
States for defense nuclear power reactors.
(B) Recommendations to improve 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.
(C) Such other recommendations and information as the
Secretary of Defense or the Administrator for Nuclear
Security consider appropriate.
SEC. 8102. ASSESSMENT OF READINESS AND SURVIVABILITY OF
STRATEGIC FORCES OF THE UNITED STATES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff and the Commander of
the United States Strategic Command, shall 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.
SEC. 8103. U.S. NUCLEAR FUELS SECURITY INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should--
(A) prioritize activities to increase domestic production
of low-enriched uranium; and
(B) accelerate efforts to establish a domestic high-assay,
low-enriched uranium enrichment capability; and
(2) if domestic enrichment of high-assay, low-enriched
uranium will not be commercially available at the scale
needed in time to meet the needs of the advanced nuclear
reactor demonstration projects of the Department, the
Secretary shall consider and implement, as necessary--
(A) all viable options to make high-assay, low-enriched
uranium produced from inventories owned by the Department
available in a manner that is sufficient to maximize the
potential for the Department to meet the needs and schedules
of advanced nuclear reactor developers, without impacting
existing Department missions, until such time that commercial
enrichment and deconversion capability for high-assay, low-
enriched uranium exists at a scale sufficient to meet future
needs; and
(B) all viable options for partnering with countries that
are allies or partners of the United States to meet those
needs and schedules until that time.
(b) Objectives.--The objectives of this section are--
(1) to expeditiously increase domestic production of low-
enriched uranium;
(2) to expeditiously increase domestic production of high-
assay, low-enriched uranium by an annual quantity, and in
such form, determined by the Secretary to be sufficient to
meet the needs of--
(A) advanced nuclear reactor developers; and
(B) the consortium;
(3) to ensure the availability of domestically produced,
converted, and enriched uranium in a quantity determined by
the Secretary, in consultation with U.S. nuclear energy
companies, to be sufficient to address a reasonably
anticipated supply disruption;
(4) to address gaps and deficiencies in the domestic
production, conversion, enrichment, deconversion, and
reduction of uranium by partnering with countries that are
allies or partners of the United States if domestic options
are not practicable;
(5) to ensure that, in the event of a supply disruption in
the nuclear fuel market, a reserve of nuclear fuels is
available to serve as a backup supply to support the nuclear
nonproliferation and civil nuclear energy objectives of the
Department;
(6) to support enrichment, deconversion, and reduction
technology deployed in the United States; and
(7) to ensure that, until such time that domestic
enrichment and deconversion of high-assay, low-enriched
uranium is commercially available at the scale needed to meet
the needs of advanced nuclear reactor developers, the
Secretary considers and implements, as necessary--
(A) all viable options to make high-assay, low-enriched
uranium produced from inventories owned by the Department
available in a manner that is sufficient to maximize the
potential for the Department to meet the needs and schedules
of advanced nuclear reactor developers; and
(B) all viable options for partnering with countries that
are allies or partners of the United States to meet those
needs and schedules.
(c) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor`` has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Associated entity.--The term ``associated entity``
means an entity that--
(A) is owned, controlled, or dominated by--
(i) the government of a country that is an ally or partner
of the United States; or
(ii) an associated individual; or
(B) is organized under the laws of, or otherwise subject to
the jurisdiction of, a country that is an ally or partner of
the United States, including a corporation that is
incorporated in such a country.
(3) Associated individual.--The term ``associated
individual`` means an alien who is a national of a country
that is an ally or partner of the United States.
(4) Consortium.--The term ``consortium`` means the
consortium established under section 2001(a)(2)(F) of the
Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).
(5) Department.--The term ``Department`` means the
Department of Energy.
(6) High-assay, low-enriched uranium; haleu.--The term
``high-assay, low-enriched uranium`` or ``HALEU`` means high-
assay low-enriched uranium (as defined in section 2001(d) of
the Energy Act of 2020 (42 U.S.C. 16281(d))).
(7) Low-enriched uranium; leu.--The term ``low-enriched
uranium`` or ``LEU`` means each of--
(A) low-enriched uranium (as defined in section 3102 of the
USEC Privatization Act (42 U.S.C. 2297h)); and
(B) low-enriched uranium (as defined in section 3112A(a) of
that Act (42 U.S.C. 2297h-10a(a))).
(8) Programs.--The term ``Programs`` means--
(A) the Nuclear Fuel Security Program established under
subsection (d)(1);
(B) the American Assured Fuel Supply Program of the
Department; and
(C) the HALEU for Advanced Nuclear Reactor Demonstration
Projects Program established under subsection (d)(3).
(9) Secretary.--The term ``Secretary`` means the Secretary
of Energy.
(10) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company`` means a company that--
(A) is organized under the laws of, or otherwise subject to
the jurisdiction of, the United States; and
(B) is involved in the nuclear energy industry.
(d) Establishment and Expansion of Programs.--The
Secretary, consistent with the objectives described in
subsection (b), shall--
(1) establish a program, to be known as the ``Nuclear Fuel
Security Program``, to increase the quantity of LEU and HALEU
produced by U.S. nuclear energy companies;
(2) expand the American Assured Fuel Supply Program of the
Department to ensure the availability of domestically
produced, converted, and enriched uranium in the event of a
supply disruption; and
(3) establish a program, to be known as the ``HALEU for
Advanced Nuclear Reactor Demonstration Projects Program``--
(A) to maximize the potential for the Department to meet
the needs and schedules of advanced nuclear reactor
developers until such time that commercial enrichment and
deconversion capability for HALEU exists in the United States
at a scale sufficient to meet future needs; and
(B) where practicable, to partner with countries that are
allies or partners of the United States to meet those needs
and schedules until that time.
(e) Nuclear Fuel Security Program.--
(1) In general.--In carrying out the Nuclear Fuel Security
Program, the Secretary--
(A) shall--
(i) not later than 180 days after the date of enactment of
this Act, enter into 2 or more contracts to begin acquiring
not less than 100 metric tons per year of LEU by December 31,
2026 (or the earliest operationally feasible date
thereafter), to ensure diverse domestic uranium mining,
conversion, enrichment, deconversion, and reduction capacity
and technologies, including new capacity, among U.S. nuclear
energy companies;
(ii) not later than 180 days after the date of enactment of
this Act, enter into 2 or more contracts with members of the
consortium to begin acquiring not less than 20 metric tons
per year of HALEU by December 31, 2027 (or the earliest
operationally feasible date thereafter), from U.S. nuclear
energy companies;
(iii) utilize only uranium produced, converted, and
enriched in--
(I) the United States; or
(II) if domestic options are not practicable, a country
that is an ally or partner of the United States; and
[[Page S6315]]
(iv) to the maximum extent practicable, ensure that the use
of domestic uranium utilized as a result of that program does
not negatively affect the economic operation of nuclear
reactors in the United States; and
(B)(i) may not make commitments under this subsection
(including cooperative agreements (used in accordance with
section 6305 of title 31, United States Code), purchase
agreements, guarantees, leases, service contracts, or any
other type of commitment) for the purchase or other
acquisition of HALEU or LEU unless--
(I) funds are specifically provided for those purposes in
advance in appropriations Acts enacted after the date of
enactment of this Act; or
(II) the commitment is funded entirely by funds made
available to the Secretary from the account described in
subsection (i)(2)(B); and
(ii) may make a commitment described in clause (i) only--
(I) if the full extent of the anticipated costs stemming
from the commitment is recorded as an obligation at the time
that the commitment is made; and
(II) to the extent of that up-front obligation recorded in
full at that time.
(2) Considerations.--In carrying out paragraph (1)(A)(ii),
the Secretary shall consider and, if appropriate, implement--
(A) options to ensure the quickest availability of
commercially enriched HALEU, including--
(i) partnerships between 2 or more commercial enrichers;
and
(ii) utilization of up to 10-percent enriched uranium as
feedstock in demonstration-scale or commercial HALEU
enrichment facilities;
(B) options to partner with countries that are allies or
partners of the United States to provide LEU and HALEU for
commercial purposes;
(C) options that provide for an array of HALEU--
(i) enrichment levels;
(ii) output levels to meet demand; and
(iii) fuel forms, including uranium metal and oxide; and
(D) options--
(i) to replenish, as necessary, Department stockpiles of
uranium that was intended to be downblended for other
purposes, but was instead used in carrying out activities
under the HALEU for Advanced Nuclear Reactor Demonstration
Projects Program;
(ii) to continue supplying HALEU to meet the needs of the
recipients of an award made pursuant to the funding
opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations; and
(iii) to make HALEU available to other advanced nuclear
reactor developers and other end-users.
(3) Avoidance of market disruptions.--In carrying out the
Nuclear Fuel Security Program, the Secretary, to the extent
practicable and consistent with the purposes of that program,
shall not disrupt or replace market mechanisms by competing
with U.S. nuclear energy companies.
(f) Expansion of the American Assured Fuel Supply
Program.--The Secretary, in consultation with U.S. nuclear
energy companies, shall--
(1) expand the American Assured Fuel Supply Program of the
Department by merging the operations of the Uranium Reserve
Program of the Department with the American Assured Fuel
Supply Program; and
(2) in carrying out the American Assured Fuel Supply
Program of the Department, as expanded under paragraph (1)--
(A) maintain, replenish, diversify, or increase the
quantity of uranium made available by that program in a
manner determined by the Secretary to be consistent with the
purposes of that program and the objectives described in
subsection (b);
(B) utilize only uranium produced, converted, and enriched
in--
(i) the United States; or
(ii) if domestic options are not practicable, a country
that is an ally or partner of the United States;
(C) make uranium available from the American Assured Fuel
Supply, subject to terms and conditions determined by the
Secretary to be reasonable and appropriate;
(D) refill and expand the supply of uranium in the American
Assured Fuel Supply, including by maintaining a limited
reserve of uranium to address a potential event in which a
domestic or foreign recipient of uranium experiences a supply
disruption for which uranium cannot be obtained through
normal market mechanisms or under normal market conditions;
and
(E) take other actions that the Secretary determines to be
necessary or appropriate to address the purposes of that
program and the objectives described in subsection (b).
(g) HALEU for Advanced Nuclear Reactor Demonstration
Projects Program.--
(1) Activities.--On enactment of this Act, the Secretary
shall immediately accelerate and, as necessary, initiate
activities to make available from inventories or stockpiles
owned by the Department and made available to the consortium,
HALEU for use in advanced nuclear reactors that cannot
operate on uranium with lower enrichment levels or on
alternate fuels, with priority given to the awards made
pursuant to the funding opportunity announcement of the
Department numbered DE-FOA-0002271 for Pathway 1, Advanced
Reactor Demonstrations, with additional HALEU to be made
available to other advanced nuclear reactor developers, as
the Secretary determines to be appropriate.
(2) Quantity.--In carrying out activities under this
subsection, the Secretary shall consider and implement, as
necessary, all viable options to make HALEU available in
quantities sufficient to maximize the potential for the
Department to meet the needs and schedules of advanced
nuclear reactor developers, including by seeking to make
available--
(A) by September 30, 2024, not less than 3 metric tons of
HALEU;
(B) by December 31, 2025, not less than an additional 8
metric tons of HALEU; and
(C) by June 30, 2026, not less than an additional 10 metric
tons of HALEU.
(3) Factors for consideration.--In carrying out activities
under this subsection, the Secretary shall take into
consideration--
(A) options for providing HALEU from a stockpile of uranium
owned by the Department, including--
(i) uranium that has been declared excess to national
security needs during or prior to fiscal year 2022;
(ii) uranium that--
(I) directly meets the needs of advanced nuclear reactor
developers; but
(II) has been previously used or fabricated for another
purpose;
(iii) uranium that can meet the needs of advanced nuclear
reactor developers after removing radioactive or other
contaminants that resulted from previous use or fabrication
of the fuel for research, development, demonstration, or
deployment activities of the Department, including activities
that reduce the environmental liability of the Department by
accelerating the processing of uranium from stockpiles
designated as waste;
(iv) uranium from a high-enriched uranium stockpile, which
can be blended with lower assay uranium to become HALEU to
meet the needs of advanced nuclear reactor developers; and
(v) uranium from stockpiles intended for other purposes
(excluding stockpiles intended for national security needs),
but for which uranium could be swapped or replaced in time in
such a manner that would not negatively impact the missions
of the Department;
(B) options for expanding, or establishing new,
capabilities or infrastructure to support the processing of
uranium from Department inventories;
(C) options for accelerating the availability of HALEU from
HALEU enrichment demonstration projects of the Department;
(D) options for providing HALEU from domestically enriched
HALEU procured by the Department through a competitive
process pursuant to the Nuclear Fuel Security Program
established under subsection (d)(1);
(E) options to replenish, as needed, Department stockpiles
of uranium made available pursuant to subparagraph (A) with
domestically enriched HALEU procured by the Department
through a competitive process pursuant to the Nuclear Fuel
Security Program established under subsection (d)(1); and
(F) options that combine 1 or more of the approaches
described in subparagraphs (A) through (E) to meet the
deadlines described in paragraph (2).
(4) Limitations.--
(A) Certain services.--The Secretary shall not barter or
otherwise sell or transfer uranium in any form in exchange
for services relating to--
(i) the final disposition of radioactive waste from uranium
that is the subject of a contract for sale, resale, transfer,
or lease under this subsection; or
(ii) environmental cleanup activities.
(B) Certain commitments.--In carrying out activities under
this subsection, the Secretary--
(i) may not make commitments under this subsection
(including cooperative agreements (used in accordance with
section 6305 of title 31, United States Code), purchase
agreements, guarantees, leases, service contracts, or any
other type of commitment) for the purchase or other
acquisition of HALEU or LEU unless--
(I) funds are specifically provided for those purposes in
advance in appropriations Acts enacted after the date of
enactment of this Act; or
(II) the commitment is funded entirely by funds made
available to the Secretary from the account described in
subsection (i)(2)(B); and
(ii) may make a commitment described in clause (i) only--
(I) if the full extent of the anticipated costs stemming
from the commitment is recorded as an obligation at the time
that the commitment is made; and
(II) to the extent of that up-front obligation recorded in
full at that time.
(5) Sunset.--The authority of the Secretary to carry out
activities under this subsection shall terminate on the date
on which the Secretary notifies Congress that the HALEU needs
of advanced nuclear reactor developers can be fully met by
commercial HALEU suppliers in the United States, as
determined by the Secretary, in consultation with U.S.
nuclear energy companies.
(h) Domestic Sourcing Considerations.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may only carry out an activity in connection with 1
or more of the Programs if--
(A) the activity promotes manufacturing in the United
States associated with uranium supply chains; or
(B) the activity relies on resources, materials, or
equipment developed or produced--
[[Page S6316]]
(i) in the United States; or
(ii) in a country that is an ally or partner of the United
States by--
(I) the government of that country;
(II) an associated entity; or
(III) a U.S. nuclear energy company.
(2) Waiver.--The Secretary may waive the requirements of
paragraph (1) with respect to an activity if the Secretary
determines a waiver to be necessary to achieve 1 or more of
the objectives described in subsection (b).
(i) Reasonable Compensation.--
(1) In general.--In carrying out activities under this
section, the Secretary shall ensure that any LEU and HALEU
made available by the Secretary under 1 or more of the
Programs is subject to reasonable compensation, taking into
account the fair market value of the LEU or HALEU and the
purposes of this section.
(2) Availability of certain funds.--
(A) In general.--Notwithstanding section 3302(b) of title
31, United States Code, revenues received by the Secretary
from the sale or transfer of fuel feed material acquired by
the Secretary pursuant to a contract entered into under
clause (i) or (ii) of subsection (e)(1)(A) shall--
(i) be deposited in the account described in subparagraph
(B);
(ii) be available to the Secretary for carrying out the
purposes of this section, to reduce the need for further
appropriations for those purposes; and
(iii) remain available until expended.
(B) Revolving fund.--There is established in the Treasury
an account into which the revenues described in subparagraph
(A) shall be--
(i) deposited in accordance with clause (i) of that
subparagraph; and
(ii) made available in accordance with clauses (ii) and
(iii) of that subparagraph.
(j) Nuclear Regulatory Commission.--The Nuclear Regulatory
Commission shall prioritize and expedite consideration of any
action related to the Programs to the extent permitted under
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and
related statutes.
(k) USEC Privatization Act.--The requirements of section
3112 of the USEC Privatization Act (42 U.S.C. 2297h-10) shall
not apply to activities related to the Programs.
(l) National Security Needs.--The Secretary shall only make
available to a member of the consortium under this section
for commercial use or use in a demonstration project material
that the President has determined is not necessary for
national security needs, subject to the condition that the
material made available shall not include any material that
the Secretary determines to be necessary for the National
Nuclear Security Administration or any critical mission of
the Department.
(m) International Agreements.--This section shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
(n) Authorization of Appropriations.--In addition to
amounts otherwise available, there are authorized to be
appropriated to the Secretary--
(1) for the Nuclear Fuel Security Program, $3,500,000,000
for fiscal year 2023, to remain available until September 30,
2031, of which the Secretary may use $1,000,000,000 by
September 30, 2028, to carry out the HALEU for Advanced
Nuclear Reactor Demonstration Projects Program; and
(2) for the American Assured Fuel Supply Program of the
Department, as expanded under this section, such sums as are
necessary for the period of fiscal years 2023 through 2030,
to remain available until September 30, 2031.
SEC. 8104. ISOTOPE DEMONSTRATION AND ADVANCED NUCLEAR
RESEARCH INFRASTRUCTURE ENHANCEMENT.
(a) Evaluation and Establishment of Isotope Demonstration
Program.--Section 952(a)(2)(A) of the Energy Policy Act of
2005 (42 U.S.C. 16272(a)(2)(A)) is amended by striking
``shall evaluate the technical and economic feasibility of
the establishment of`` and inserting ``shall evaluate the
technical and economic feasibility of, and, if feasible, is
authorized to establish,``.
(b) Advanced Nuclear Research Infrastructure Enhancement.--
Section 954(a)(5) of the Energy Policy Act of 2005 (42 U.S.C.
16274(a)(5)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following:
``(E) Fuel services.--The Secretary shall expand the
Research Reactor Infrastructure subprogram of the
Radiological Facilities Management program of the Department
carried out under paragraph (6) to provide fuel services to
research reactors established under this paragraph.``.
SEC. 8105. REPORT ON CIVIL NUCLEAR CREDIT PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Energy shall submit to the appropriate
committees of Congress a report that identifies the
anticipated funding requirements for the civil nuclear credit
program described in section 40323 of the Infrastructure
Investment and Jobs Act (42 U.S.C. 18753), taking into
account--
(1) the zero-emission nuclear power production credit
authorized by section 45U of the Internal Revenue Code of
1986; and
(2) any increased fuel costs associated with the use of
domestic fuel that may arise from the implementation of that
program.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``American Security Drone Act of 2022``.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Modification of advisory board in National Reconnaissance
Office.
Sec. 302. Prohibition on employment with governments of certain
countries.
Sec. 303. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 304. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of Director of
National Intelligence.
Sec. 305. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 306. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 307. Annual reports on status of recommendations of Comptroller
General of the United States for the Director of National
Intelligence.
Sec. 308. Timely submission of budget documents from intelligence
community.
Sec. 309. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 310. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence Agency for certain
injuries to the brain.
Sec. 311. Modifications to Foreign Malign Influence Response Center.
Sec. 312. Requirement to offer cyber protection support for personnel
of intelligence community in positions highly vulnerable
to cyber attack.
Sec. 313. Minimum cybersecurity standards for national security systems
of intelligence community.
Sec. 314. Review and report on intelligence community activities under
Executive Order 12333.
Sec. 315. Elevation of the commercial and business operations office of
the National Geospatial-Intelligence Agency.
Sec. 316. Assessing intelligence community open-source support for
export controls and foreign investment screening.
Sec. 317. Annual training requirement and report regarding analytic
standards.
Sec. 318. Historical Advisory Panel of the Central Intelligence Agency.
TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE`S REPUBLIC OF
CHINA
Sec. 401. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 402. Identification and threat assessment of companies with
investments by the People`s Republic of China.
Sec. 403. Intelligence community working group for monitoring the
economic and technological capabilities of the People`s
Republic of China.
Sec. 404. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the People`s
Republic of China.
Sec. 405. Assessments of production of semiconductors by the People`s
Republic of China.
TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS
Sec. 501. Improving onboarding of personnel in intelligence community.
Sec. 502. Improving onboarding at the Central Intelligence Agency.
Sec. 503. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 504. Comptroller General of the United States assessment of
administration of polygraphs in intelligence community.
Sec. 505. Timeliness in the administration of polygraphs.
Sec. 506. Policy on submittal of applications for access to classified
information for certain personnel.
[[Page S6317]]
Sec. 507. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 508. Establishing process parity for adverse security clearance
and access determinations.
Sec. 509. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and access
determinations.
Sec. 510. Comptroller General of the United States report on use of
Government and industry space certified as sensitive
compartmented information facilities.
TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
Sec. 601. Submittal of complaints and information by whistleblowers in
the intelligence community to Congress.
Sec. 602. Modification of whistleblower protections for contractor
employees in intelligence community.
Sec. 603. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure by employees
and contractors in intelligence community.
Sec. 604. Definitions regarding whistleblower complaints and
information of urgent concern received by inspectors
general of the intelligence community.
TITLE VII--OTHER MATTERS
Sec. 701. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 702. Modification of requirement for office to address
unidentified aerospace-undersea phenomena.
Sec. 703. Unidentified aerospace-undersea phenomena reporting
procedures.
Sec. 704. Comptroller General of the United States compilation of
unidentified aerospace-undersea phenomena records.
Sec. 705. Office of Global Competition Analysis.
Sec. 706. Report on tracking and collecting precursor chemicals used in
the production of synthetic opioids.
Sec. 707. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 708. Notifications regarding transfers of detainees at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 709. Report on international norms, rules, and principles
applicable in space.
Sec. 710. Assessments of the effects of sanctions imposed with respect
to the Russian Federation`s invasion of Ukraine.
Sec. 711. Assessments and briefings on implications of food insecurity
that may result from the Russian Federation`s invasion of
Ukraine.
Sec. 712. Pilot program for Director of Federal Bureau of Investigation
to undertake an effort to identify International Mobile
Subscriber Identity-catchers and develop countermeasures.
Sec. 713. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees`` has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community`` has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2023 for the conduct of the intelligence and
intelligence-related activities of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the Federal Government are those
specified in the classified Schedule of Authorizations
prepared to accompany this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2023 the sum of $650,000,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2023 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2023.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. MODIFICATION OF ADVISORY BOARD IN NATIONAL
RECONNAISSANCE OFFICE.
Section 106A(d) of the National Security Act of 1947 (50
U.S.C. 3041a(d)) is amended--
(1) in paragraph (3)(A)(i), by inserting ``, in
consultation with the Director of National Intelligence and
the Secretary of Defense,`` after ``Director``; and
(2) in paragraph (7), by striking ``the date that is 3
years after the date of the first meeting of the Board`` and
inserting ``September 30, 2024``.
SEC. 302. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF
CERTAIN COUNTRIES.
(a) In General.--Title III of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) is amended by inserting after
section 304 the following:
``SEC. 305. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF
CERTAIN COUNTRIES.
``(a) Definitions.--In this section:
``(1) Covered employee.--The term `covered employee`, with
respect to an employee occupying a position within an element
of the intelligence community, means an officer or official
of an element of the intelligence community, a contractor of
such an element, a detailee to such an element, or a member
of the Armed Forces assigned to such an element that, based
on the level of access of a person occupying such position to
information regarding sensitive intelligence sources or
methods or other exceptionally sensitive matters, the head of
such element determines should be subject to the requirements
of this section.
``(2) Former covered employee.--The term `former covered
employee` means an individual who was a covered employee on
or after the date of enactment of the American Security Drone
Act of 2022 and is no longer a covered employee.
``(3) State sponsor of terrorism.--The term `state sponsor
of terrorism` means a country the government of which the
Secretary of State determines has repeatedly provided support
for international terrorism pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(D) any other provision of law.
``(b) Prohibition on Employment and Services.--No former
covered employee may provide services relating to national
security, intelligence, the military, or internal security
to--
``(1) the government of a country that is a state sponsor
of terrorism, the People`s Republic of China, or the Russian
Federation;
``(2) a person or entity that is directed and controlled by
a government described in paragraph (1).
``(c) Training and Written Notice.--The head of each
element of the intelligence community shall--
``(1) regularly provide to the covered employees of the
element training on the prohibition in subsection (b); and
``(2) provide to each covered employee of the element
before the covered employee becomes a former covered employee
written notice of the prohibition in subsection (b).
``(d) Limitation on Eligibility for Access to Classified
Information.--A former covered employee who knowingly and
willfully violates subsection (b) shall not be considered
eligible for access to classified information (as defined in
the procedures established pursuant to section 801(a) of this
Act (50 U.S.C. 3161(a))) by any element of the intelligence
community.
``(e) Criminal Penalties.--A former employee who knowingly
and willfully violates subsection (b) shall be fined under
title 18, United States Code, or imprisoned for not more than
5 years, or both.
``(f) Application.--Nothing in this section shall apply
to--
``(1) a former covered employee who continues to provide
services described in subsection (b) that the former covered
employee
[[Page S6318]]
first began to provide before the date of the enactment of
the American Security Drone Act of 2022;
``(2) a former covered employee who, on or after the date
of the enactment of the American Security Drone Act of 2022,
provides services described in subsection (b) to a person or
entity that is directed and controlled by a country that is a
state sponsor of terrorism, the People`s Republic of China,
or the Russian Federation as a result of a merger,
acquisition, or similar change of ownership that occurred
after the date on which such former covered employee first
began to provide such services;
``(3) a former covered employee who, on or after the date
of the enactment of the American Security Drone Act of 2022,
provides services described in subsection (b) to--
``(A) a government that was designated as a state sponsor
of terrorism after the date on which such former covered
employee first began to provide such services; or
``(B) a person or entity directed and controlled by a
government described in subparagraph (A).``.
(b) Annual Reports.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress`` means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Not later than March 31 of each year
through 2032, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on
any violations of subsection (b) of section 305 of the
National Security Act of 1947, as added by subsection (a) of
this section, by former covered employees (as defined in
subsection (a) of such section 305).
(c) Clerical Amendment.--The table of contents immediately
preceding section 2 of the National Security Act of 1947 (50
U.S.C. 3002) is amended by inserting after the item relating
to section 304 the following new item:
``Sec. 305. Prohibition on employment with governments of certain
countries.
SEC. 303. COUNTERINTELLIGENCE AND NATIONAL SECURITY
PROTECTIONS FOR INTELLIGENCE COMMUNITY GRANT
FUNDING.
(a) Disclosure as Condition for Receipt of Grant.--The head
of an element of the intelligence community may not award a
grant to a person or entity unless the person or entity has
disclosed to the head of the element any material financial
or material in-kind support received by the person or entity,
during the 5-year period ending on the date of the person or
entity`s application for the grant.
(b) Review of Grant Applicants.--
(1) Transmittal of disclosures.--Each head of an element of
the intelligence community shall immediately transmit a copy
of each disclosure under subsection (a) to the Director of
National Intelligence.
(2) Process.--The Director, in consultation with such heads
of elements of the intelligence community as the Director
considers appropriate, shall establish a process--
(A) to review the disclosures under subsection (a); and
(B) to take such actions as may be necessary to ensure that
the applicants for grants awarded by elements of the
intelligence community do not pose an unacceptable risk,
including as a result of an applicant`s material financial or
material in-kind support from a person or entity having
ownership or control, in whole or in part, by the government
of the People`s Republic of China, the Russian Federation,
the Islamic Republic of Iran, the Democratic People`s
Republic of Korea, or the Republic of Cuba, of--
(i) misappropriation of United States intellectual
property, research and development, and innovation efforts;
or
(ii) other threats from foreign governments and other
entities.
(c) Annual Report Required.--Not later than one year after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives an annual report identifying the following
for the one-year period covered by the report:
(1) The number of applications for grants received by each
element of the intelligence community.
(2) The number of such applications that were reviewed for
each element of the intelligence community, using the process
established under subsection (b).
(3) The number of such applications that were denied and
the reasons for such denials for each element of the
intelligence community.
(d) Applicability.--Subsections (a) and (b) shall apply
only with respect to grants awarded by an element of the
intelligence community after the date of the enactment of
this Act.
SEC. 304. EXTENSION OF CENTRAL INTELLIGENCE AGENCY LAW
ENFORCEMENT JURISDICTION TO FACILITIES OF
OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Section 15(a) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3515(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``; and`` and
inserting a semicolon;
(B) by redesignating subparagraph (D) as subparagraph (E);
(C) by inserting after subparagraph (C) the following:
``(D) within an installation owned, or contracted to be
occupied for a period of one year or longer, by the Office of
the Director of National Intelligence; and``; and
(D) in subparagraph (E), as redesignated by subparagraph
(B), by inserting ``or (D)`` after ``in subparagraph (C)``;
(2) in paragraph (2), by striking ``or (D)`` and inserting
``or (E)``; and
(3) in paragraph (4), by striking ``in subparagraph (A) or
(C)`` and inserting ``in subparagraph (A), (C), or (D)``.
(b) Conforming Amendment.--Section 5(a)(4) of such Act (50
U.S.C. 3506(a)(4)) is amended by inserting ``and Office of
the Director of National Intelligence`` after ``protection of
Agency``.
SEC. 305. CLARIFICATION REGARDING PROTECTION OF CENTRAL
INTELLIGENCE AGENCY FUNCTIONS.
Section 6 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3507) is amended by striking ``, functions`` and
inserting ``or functions of the Agency, or of the``.
SEC. 306. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Establishment.--There is established in the National
Geospatial-Intelligence Agency an advisory board (in this
section referred to as the ``Board``).
(b) Duties.--The Board shall--
(1) study matters relating to the mission of the National
Geospatial-Intelligence Agency, including with respect to
integration of commercial capabilities, promoting innovation,
advice on next generation tasking, collection, processing,
exploitation, and dissemination capabilities, strengthening
functional management, acquisition, and such other matters as
the Director of the National Geospatial-Intelligence Agency
considers appropriate; and
(2) advise and report directly to the Director with respect
to such matters.
(c) Members.--
(1) Number and appointment.--
(A) In general.--The Board shall be composed of 6 members
appointed by the Director from among individuals with
demonstrated academic, government, business, or other
expertise relevant to the mission and functions of the
Agency.
(B) Notification.--Not later than 30 days after the date on
which the Director appoints a member to the Board, the
Director shall notify the congressional intelligence
committees and the congressional defense committees (as
defined in section 101(a) of title 10, United States Code) of
such appointment.
(C) Initial appointments.--Not later than 180 days after
the date of the enactment of this Act, the Director shall
appoint the initial 6 members to the Board.
(2) Terms.--Each member shall be appointed for a term of 3
years.
(3) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member`s predecessor was appointed shall be appointed only
for the remainder of that term.
(4) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
(5) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(6) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the Agency,
to support the Board.
(d) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of the
Director.
(e) Reports.--Not later than March 31 of each year, the
Board shall submit to the Director and to the congressional
intelligence committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives a report on the activities and significant
findings of the Board during the preceding year.
(f) Nonapplicability of Certain Requirements.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Board.
(g) Termination.--The Board shall terminate on the date
that is 3 years after the date of the first meeting of the
Board.
SEC. 307. ANNUAL REPORTS ON STATUS OF RECOMMENDATIONS OF
COMPTROLLER GENERAL OF THE UNITED STATES FOR
THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Definition of Open Recommendations.--In this section,
the term ``open recommendations`` refers to recommendations
of the Comptroller General of the United States that the
Comptroller General has not yet designated as closed.
(b) Annual Lists by Comptroller General of the United
States.--Not later than October 31, 2023, and each October 31
thereafter through 2025, the Comptroller General of the
United States shall submit to the congressional intelligence
committees and the Director of National Intelligence a list
of all open recommendations made to the Director,
[[Page S6319]]
disaggregated by report number and recommendation number.
(c) Annual Reports by Director of National Intelligence.--
Not later than 120 days after the date on which the Director
receives a list under subsection (b), the Director shall
submit to the congressional intelligence committees, the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Comptroller General a report on the actions taken by the
Director and actions the Director intends to take, alone or
in coordination with the heads of other Federal agencies, in
response to each open recommendation identified in the list,
including open recommendations the Director considers closed
and recommendations the Director determines do not require
further action, as well as the basis for that determination.
SEC. 308. TIMELY SUBMISSION OF BUDGET DOCUMENTS FROM
INTELLIGENCE COMMUNITY.
Not later than 5 days after the date on which the President
submits to Congress a budget for a fiscal year pursuant to
section 1105(a) of title 31, United States Code, the Director
of National Intelligence shall submit to Congress the
supporting information under such section for each element of
the intelligence community for that fiscal year.
SEC. 309. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF THE
NATIONAL INTELLIGENCE UNIVERSITY.
Section 105 of title 17, United States Code, is amended--
(1) by redesignating the second subsection (c) as
subsection (d);
(2) by striking subsection (c) and inserting the following:
``(c) Use by Federal Government.--
``(1) Secretary of defense authority.--With respect to a
covered author who produces a covered work in the course of
employment at a covered institution described in
subparagraphs (A) through (L) of subsection (d)(2), the
Secretary of Defense may direct the covered author to provide
the Federal Government with an irrevocable, royalty-free,
worldwide, nonexclusive license to reproduce, distribute,
perform, or display such covered work for purposes of the
United States Government.
``(2) Director of national intelligence authority.--With
respect to a covered author who produces a covered work in
the course of employment at the covered institution described
in subsection (d)(2)(M), the Director of National
Intelligence may direct the covered author to provide the
Federal Government with an irrevocable, royalty-free, world-
wide, nonexclusive license to reproduce, distribute, perform,
or display such covered work for purposes of the United
States Government.``; and
(3) in paragraph (2) of subsection (d), as so redesignated,
by adding at the end the following:
``(M) National Intelligence University.``.
SEC. 310. EXPANSION OF REPORTING REQUIREMENTS RELATING TO
AUTHORITY TO PAY PERSONNEL OF CENTRAL
INTELLIGENCE AGENCY FOR CERTAIN INJURIES TO THE
BRAIN.
Section 2(d)(1) of the Helping American Victims Afflicted
by Neurological Attacks Act of 2021 (Public Law 117-46) is
amended--
(1) in subparagraph (A), by inserting ``and not less
frequently than once each year thereafter for 5 years`` after
``Not later than 365 days after the date of the enactment of
this Act``;
(2) in subparagraph (B), by adding at the end the
following:
``(iv) Detailed information about the number of covered
employees, covered individuals, and covered dependents who
reported experiencing vestibular, neurological, or related
injuries, including those broadly termed `anomalous health
incidents`.
``(v) The number of individuals who have sought benefits
under any provision of section 19A of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b).
``(vi) The number of covered employees, covered
individuals, and covered dependents who are unable to perform
all or part of their professional duties as a result of
injuries described in clause (iv).
``(vii) An updated analytic assessment coordinated by the
National Intelligence Council regarding the potential causes
and perpetrators of anomalous health incidents, as well as
any and all dissenting views within the intelligence
community, which shall be included as appendices to the
assessment.``; and
(3) in subparagraph (C), by striking ``The`` and inserting
``Each``.
SEC. 311. MODIFICATIONS TO FOREIGN MALIGN INFLUENCE RESPONSE
CENTER.
(a) Renaming.--
(1) In general.--Section 119C of the National Security Act
of 1947 (50 U.S.C. 3059) is amended--
(A) in the section heading, by striking ``response``; and
(B) in subsection (a), by striking ``Response``.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of such Act is amended by striking
the item relating to section 119C and inserting the
following:
``Sec. 119C. Foreign Malign Influence Center.
(3) Conforming amendment.--Section 589E(d)(2) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2001
note prec.) is amended by striking ``Response``.
(4) Reference.--Any reference in law, regulation, map,
document, paper, or other record of the United States to the
``Foreign Malign Influence Response Center`` shall be deemed
to be a reference to the Foreign Malign Influence Center.
(b) Sunset.--Section 119C of such Act (50 U.S.C. 3059) is
further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(f) Sunset.--The authorities and requirements of this
section shall terminate on December 31, 2027, and the
Director of National Intelligence shall take such actions as
may be necessary to conduct an orderly wind-down of the
activities of the Center before December 31, 2028.``.
(c) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress`` means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(C) the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Not later than December 31, 2026, the
Director of National Intelligence shall submit to the
appropriate committees of Congress a report assessing the
continued need for operating the Foreign Malign Influence
Center.
SEC. 312. REQUIREMENT TO OFFER CYBER PROTECTION SUPPORT FOR
PERSONNEL OF INTELLIGENCE COMMUNITY IN
POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.
(a) In General.--Section 6308(b) of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334d(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``may provide`` and inserting ``shall
offer``;
(B) by inserting ``and shall provide such support to any
such personnel who request`` before the period at the end;
and
(2) in the subsection heading, by striking ``Authority``
and inserting ``Requirement``.
(b) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees,
the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives
an implementation plan for providing the support described
section 6308(b) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3334d(b)), as amended by subsection
(a), including a description of the training and resources
needed to implement the support and the methodology for
determining the personnel described in paragraph (2) of such
section.
SEC. 313. MINIMUM CYBERSECURITY STANDARDS FOR NATIONAL
SECURITY SYSTEMS OF INTELLIGENCE COMMUNITY.
(a) Definition of National Security Systems.--In this
section, the term ``national security systems`` has the
meaning given such term in section 3552(b) of title 44,
United States Code, and includes systems described in
paragraph (2) or (3) of section 3553(e) of such title.
(b) Requirement to Establish Cybersecurity Standards for
National Security Systems.--The Director of National
Intelligence shall, in coordination with the National Manager
for National Security Systems, establish minimum
cybersecurity requirements that shall apply to all national
security systems operated by, on the behalf of, or under a
law administered by the head of an element of the
intelligence community.
(c) Implementation Deadline.--The requirements published
pursuant to subsection (b) shall include appropriate
deadlines by which all elements of the intelligence community
that own or operate a national security system shall have
fully implemented the requirements established under
subsection (b) for all national security systems that it owns
or operates.
(d) Maintenance of Requirements.--Not less frequently than
once every 2 years, the Director shall reevaluate and update
the minimum cybersecurity requirements established under
subsection (b).
(e) Resources.--The head of each element of the
intelligence community that owns or operates a national
security system shall update plans of the element to
prioritize resources in such a manner as to fully implement
the requirements established in subsection (b) by the
deadline established pursuant to subsection (c) for the next
10 fiscal years.
(f) Exemptions.--
(1) In general.--A national security system of an element
of the intelligence community may be exempted from the
minimum cybersecurity standards established under subsection
(b) in accordance with the process established under
paragraph (2).
(2) Process for exemption.--The Director shall establish
and administer a process by which specific national security
systems can be exempted under paragraph (1).
[[Page S6320]]
(g) Annual Reports on Exemption Requests.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress`` means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Each year, the Director shall submit to
the appropriate committees of Congress an annual report
documenting all exemption requests received under subsection
(f), the number of exemptions denied, and the justification
for each exemption request that was approved.
SEC. 314. REVIEW AND REPORT ON INTELLIGENCE COMMUNITY
ACTIVITIES UNDER EXECUTIVE ORDER 12333.
(a) Review and Report Required.--No later than 180 days
after the date of the enactment of this Act, the Director of
National Intelligence shall--
(1) conduct a review to ascertain the feasibility and
advisability of compiling and making public information
relating to activities of the intelligence community under
Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities); and
(2) submit to the congressional intelligence, the Committee
on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives committees a
report on the findings of the Director with respect to the
review conducted under paragraph (1).
(b) Matters Addressed.--The report shall address the
feasibility and advisability of making available to the
public information relating to the following:
(1) Data on activities described in subsection (a)(1),
including the following:
(A) The amount of United States person information
collected pursuant to such activities.
(B) Queries of United States persons pursuant to such
activities.
(C) Dissemination of United States person information
pursuant to such activities, including masking and unmasking.
(D) The use of United States person information in criminal
proceedings.
(2) Quantitative data and qualitative descriptions of
incidents in which the intelligence community violated
Executive Order 12333 and associated guidelines and
procedures.
(c) Considerations.--In conducting the review under
subsection (a)(1), the Director shall consider--
(1) the public transparency associated with the use by the
intelligence community of the authorities provided under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), including relevant data and compliance incidents;
and
(2) the application of the transparency model developed in
connection with such Act to activities conducted under
Executive Order 12333.
(d) Disaggregation for Public Release.--In conducting the
review under subsection (a)(1), the Director shall address
whether the relevant data and compliance incidents associated
with the different intelligence community entities can be
disaggregated for public release.
SEC. 315. ELEVATION OF THE COMMERCIAL AND BUSINESS OPERATIONS
OFFICE OF THE NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
Beginning not later than 90 days after the date of the
enactment of this Act, the head of the commercial and
business operations office of the National Geospatial-
Intelligence Agency shall report directly to the Director of
the National Geospatial-Intelligence Agency.
SEC. 316. ASSESSING INTELLIGENCE COMMUNITY OPEN-SOURCE
SUPPORT FOR EXPORT CONTROLS AND FOREIGN
INVESTMENT SCREENING.
(a) Pilot Program to Assess Open Source Support for Export
Controls and Foreign Investment Screening.--
(1) Pilot program authorized.--The Director of National
Intelligence shall carry out a pilot program to assess the
feasibility and advisability of providing intelligence
derived from open source, publicly and commercially available
information--
(A) to the Department of Commerce to support the export
control and investment screening functions of the Department;
and
(B) to the Department of Homeland Security to support the
export control functions of the Department.
(2) Authority.--In carrying out the pilot program required
by paragraph (1), the Director--
(A) shall establish a process for the provision of
information as described in such paragraph; and
(B) may--
(i) acquire and prepare data, consistent with applicable
provisions of law and Executive orders;
(ii) modernize analytic systems, including through the
acquisition, development, or application of automated tools;
and
(iii) establish standards and policies regarding the
acquisition, treatment, and sharing of open source, publicly
and commercially available information.
(3) Duration.--The pilot program required by paragraph (1)
shall be carried out during a 3-year period.
(b) Plan and Report Required.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress`` means--
(A) the Select Committee on Intelligence, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, the Committee on Financial
Services, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(2) Plan.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall, in
coordination with the Secretary of Commerce and the Secretary
of Homeland Security, submit to the appropriate committees of
Congress a plan to carry out the pilot program required by
subsection (a)(1).
(B) Contents.--The plan submitted under subparagraph (A)
shall include the following:
(i) A list, developed in consultation with the Secretary of
Commerce and the Secretary of Homeland Security, of the
activities of the Department of Commerce and the Department
of Homeland Security that will be supported by the pilot
program.
(ii) A plan for measuring the effectiveness of the pilot
program and the value of open source, publicly and
commercially available information to the export control and
investment screening missions.
(3) Report.--
(A) In general.--Not later than 540 days after the date on
which the Director submits the plan under paragraph (2)(A),
the Director shall submit to the appropriate committees of
Congress a report on the findings of the Director with
respect to the pilot program.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) An assessment of the feasibility and advisability of
providing information as described in subsection (a)(1).
(ii) An assessment of the value of open source, publicly
and commercially available information to the export control
and investment screening missions, using the measures of
effectiveness under paragraph (2)(B)(ii).
(iii) Identification of opportunities for and barriers to
more effective use of open source, publicly and commercially
available information by the intelligence community.
SEC. 317. ANNUAL TRAINING REQUIREMENT AND REPORT REGARDING
ANALYTIC STANDARDS.
(a) Policy for Training Program Required.--Consistent with
sections 1019 and 1020 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364 and 3364
note), the Director of National Intelligence shall issue a
policy that requires each head of an element of the
intelligence community, that has not already done so, to
create, before the date that is 180 days after the date of
the enactment of this Act, an annual training program on the
standards set forth in Intelligence Community Directive 203,
Analytic Standards (or successor directive).
(b) Conduct of Training.--Training required pursuant to the
policy required by subsection (a) may be conducted in
conjunction with other required annual training programs
conducted by the element of the intelligence community
concerned.
(c) Certification of Completion of Training.--Each year,
each head of an element of the intelligence community shall
submit to the congressional intelligence committees a
certification as to whether all of the analysts of that
element have completed the training required pursuant to the
policy required by subsection (a) and if the analysts have
not, an explanation of why the training has not been
completed.
(d) Reports.--
(1) Annual report.--In conjunction with each briefing
provided under section 1019(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)), the
Director shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives a report on the number and themes of
compliance incidents reported to intelligence community
analytic ombudspersons relating to the standards set forth in
Intelligence Community Directive 203 (relating to analytic
standards), or successor directive.
(2) Report on performance evaluation.--Not later than 90
days after the date of the enactment of this Act, the head of
analysis at each element of the intelligence community that
conducts all-source analysis shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
describing how compliance with the standards set forth in
Intelligence Community Directive 203 (relating to analytic
standards), or successor directive, is considered in the
performance evaluations and consideration for merit pay,
bonuses, promotions, and any other personnel actions for
analysts within the element.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Director from providing training
described in this section as a service of common concern.
[[Page S6321]]
(f) Sunset.--This section shall cease to be effective on
the date that is 5 years after the date of the enactment of
this Act.
SEC. 318. HISTORICAL ADVISORY PANEL OF THE CENTRAL
INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501
et seq.) is amended by adding at the end the following:
``SEC. 29. HISTORICAL ADVISORY PANEL.
``(a) Definitions.--In this section, the terms
`congressional intelligence committees` and `intelligence
community` have the meanings given those terms in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
``(b) Establishment.--There is established within the
Agency an advisory panel to be known as the `Historical
Advisory Panel` (in this section referred to as the `panel`).
``(c) Membership.--
``(1) Composition.--
``(A) In general.--The panel shall be composed of up to 7
members appointed by the Director from among individuals
recognized as scholarly authorities in history, international
relations, or related fields.
``(B) Initial appointments.--Not later than 180 days after
the date of the enactment of this section, the Director shall
appoint the initial members of the panel.
``(2) Chairperson.--The Director shall designate a
Chairperson of the panel from among the members of the panel.
``(d) Security Clearances and Accesses.--The Director shall
sponsor appropriate security clearances and accesses for all
members of the panel.
``(e) Terms of Service.--
``(1) In general.--Each member of the panel shall be
appointed for a term of 3 years.
``(2) Renewal.--The Director may renew the appointment of a
member of the panel for not more than 2 subsequent terms.
``(f) Duties.--The panel shall advise the Agency on--
``(1) topics for research and publication within the
Agency;
``(2) topics for discretionary declassification reviews;
``(3) declassification of specific records or types of
records;
``(4) determinations regarding topics and records whose
continued classification is outweighed by the public benefit
of disclosure;
``(5) technological tools to modernize the classification
and declassification processes to improve the efficiency and
effectiveness of those processes; and
``(6) other matters as the Director may assign.
``(g) Reports.--Not less than once each year, the panel
shall submit to the Director and the congressional
intelligence committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives a report on the activities of the panel.
``(h) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the panel.
``(i) Sunset.--The provisions of this section shall expire
7 years after the date of the enactment of the American
Security Drone Act of 2022, unless reauthorized by
statute.``.
TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE`S REPUBLIC OF
CHINA
SEC. 401. REPORT ON WEALTH AND CORRUPT ACTIVITIES OF THE
LEADERSHIP OF THE CHINESE COMMUNIST PARTY.
(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall make available to the public an
unclassified report on the wealth and corrupt activities of
the leadership of the Chinese Communist Party, including the
General Secretary of the Chinese Communist Party and senior
leadership officials in the Central Committee, the Politburo,
the Politburo Standing Committee, and any other regional
Party Secretaries.
(b) Annual Updates.--Not later than 2 years after the date
of the enactment of this Act and not less frequently than
once each year thereafter until the date that is 6 years
after the date of the enactment of this Act, the Director
shall update the report published under subsection (a).
SEC. 402. IDENTIFICATION AND THREAT ASSESSMENT OF COMPANIES
WITH INVESTMENTS BY THE PEOPLE`S REPUBLIC OF
CHINA.
Not later than 120 days after the date of the enactment of
this Act, the Director of National Intelligence, in
consultation with such heads of elements of the intelligence
community as the Director considers appropriate, shall
provide to the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives a report on
the risk to national security of the use of--
(1) telecommunications companies with substantial
investment by the People`s Republic of China operating in the
United States or providing services to affiliates and
personnel of the intelligence community; and
(2) hospitality and conveyance companies with substantial
investment by the People`s Republic of China by affiliates
and personnel of the intelligence community for travel on
behalf of the United States Government.
SEC. 403. INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING
THE ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF
THE PEOPLE`S REPUBLIC OF CHINA.
(a) In General.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence
community as the Director considers appropriate, shall
establish a cross-intelligence community analytical working
group (in this section referred to as the ``working group``)
on the economic and technological capabilities of the
People`s Republic of China.
(b) Monitoring and Analysis.--The working group shall
monitor and analyze--
(1) the economic and technological capabilities of the
People`s Republic of China;
(2) the extent to which those capabilities rely on exports,
investments in companies, or services from the United States
and other foreign countries;
(3) the links of those capabilities to the military-
industrial complex of the People`s Republic of China; and
(4) the threats those capabilities pose to the national and
economic security and values of the United States.
(c) Annual Assessment.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress`` means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Not less frequently than once each year,
the working group shall submit to the appropriate committees
of Congress an assessment of the economic and technological
strategy, efforts, and progress of the People`s Republic of
China to become the dominant military, technological, and
economic power in the world and undermine the rules-based
world order.
(3) Elements.--Each assessment required by paragraph (2)
shall include the following:
(A) An unclassified overview of the major goals,
strategies, and policies of the People`s Republic of China to
control, shape, or develop self-sufficiency in key
technologies and control related supply chains and
ecosystems, including--
(i) efforts to acquire United States and other foreign
technology and recruit foreign talent in technology sectors
of the People`s Republic of China, including the extent to
which those efforts relate to the military-industrial complex
of the People`s Republic of China;
(ii) efforts related to incentivizing offshoring of United
States and foreign manufacturing to China, influencing global
supply chains, and creating supply chain vulnerabilities for
the United States, including China`s investments or potential
investments in foreign countries to create monopolies in the
processing and exporting of rare earth and other critical
materials necessary for renewable energy, including cobalt,
lithium, and nickel;
(iii) related tools and market access restrictions or
distortions imposed by the People`s Republic of China on
foreign firms and laws and regulations of the People`s
Republic of China that discriminate against United States and
other foreign firms; and
(iv) efforts of the People`s Republic of China to attract
investment from the United States and other foreign investors
to build self-sufficient capabilities and the type of capital
flows from the United States to China, including information
on documentation of the lifecycle of investments, from the
specific actions taken by the Government of the People`s
Republic of China to attract the investments to the outcome
of such efforts for entities and persons of the People`s
Republic of China.
(B) An unclassified assessment of the progress of the
People`s Republic of China to achieve its goals,
disaggregated by economic sector.
(C) An unclassified assessment of the impact of the
transfer of capital, technology, data, talent, and technical
expertise from the United States to China on the economic,
technological, and military capabilities of the People`s
Republic of China.
(D) An unclassified list of the top 200 businesses,
academic and research institutions, or other entities of the
People`s Republic of China that are--
(i) designated by Chinese securities issuing and trading
entities or other sources as supporting the military-
industrial complex of the People`s Republic of China;
(ii) developing, producing, or exporting technologies of
strategic importance to the People`s Republic of China or
supporting entities of the People`s Republic of China that
are subject to sanctions imposed by the United States;
(iii) supporting the military-civil fusion program of the
People`s Republic of China; or
(iv) otherwise supporting the goals and efforts of the
Chinese Communist Party and Chinese government entities,
including the Ministry of State Security, the Ministry of
Public Security, and the People`s Liberation Army.
(E) An unclassified list of the top 100 development,
infrastructure, or other strategic projects that the People`s
Republic of China is financing abroad that--
(i) advance the technology goals and strategies of the
Chinese Communist Party; or
[[Page S6322]]
(ii) evade financial sanctions, export controls, or import
restrictions imposed by the United States.
(F) An unclassified list of the top 100 businesses,
research institutions, or other entities of the People`s
Republic of China that are developing surveillance, smart
cities, or related technologies that are--
(i) exported to other countries, undermining democracy
worldwide; or
(ii) provided to the security services of the People`s
Republic of China, enabling them to commit severe human
rights abuses in China.
(G) An unclassified list of the top 100 businesses or other
entities of the People`s Republic of China that are--
(i) operating in the genocide zone in Xinjiang; or
(ii) supporting the Xinjiang Public Security Bureau, the
Xinjiang Bureau of the Ministry of State Security, the
People`s Armed Police, or the Xinjiang Production and
Construction Corps.
(H) A list of investment funds, public companies, or
private or early-stage firms of the People`s Republic of
China that have received more than $100,000,000 in capital
flows from the United States during the 10-year period
preceding the date on which the assessment is submitted.
(4) Preparation of assessments.--In preparing each
assessment required by paragraph (2), the working group shall
use open source documents in Chinese language and commercial
databases.
(5) Format.--An assessment required by paragraph (2) may be
submitted in the format of a National Intelligence Estimate.
(6) Form.--Each assessment required by paragraph (2) shall
be submitted in unclassified form, but may include a
classified annex.
(7) Publication.--The unclassified portion of each
assessment required by paragraph (2) shall be published on
the publicly accessible website of the Director of National
Intelligence.
(d) Briefings to Congress.--Not less frequently than
quarterly, the working group shall provide to Congress a
classified briefing on the economic and technological goals,
strategies, and progress of the People`s Republic of China,
especially on the information that cannot be disclosed in the
unclassified portion of an assessment required by subsection
(c)(2).
(e) Classified Analyses.--Each classified annex to an
assessment required by subsection (c)(2) or corresponding
briefing provided under subsection (d) shall include an
analysis of--
(1) the vulnerabilities of the People`s Republic of China,
disaggregated by economic sector, industry, and entity; and
(2) the technological or supply chain chokepoints of the
People`s Republic of China that provide leverage to the
United States.
(f) Sunset.--This section shall cease to be effective on
the date that is 5 years after the date of the enactment of
this Act.
SEC. 404. ANNUAL REPORT ON CONCENTRATED REEDUCATION CAMPS IN
THE XINJIANG UYGHUR AUTONOMOUS REGION OF THE
PEOPLE`S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress`` means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of
the House of Representatives.
(2) Covered camp.--The term ``covered camp`` means a
detention camp, prison, forced labor camp, or forced labor
factory located in the Xinjiang Uyghur Autonomous Region of
the People`s Republic of China, referred to by the Government
of the People`s Republic of China as ``concentrated
reeducation camps`` or ``vocational training centers``.
(b) Annual Report Required.--Not later than 120 days after
the date of the enactment of this Act, and annually
thereafter for 5 years, the Director of National
Intelligence, in consultation with such heads of elements of
the intelligence community as the Director considers
appropriate, shall submit to the appropriate committees of
Congress a report on the status of covered camps.
(c) Elements.--Each report required by subsection (b) shall
include the following:
(1) An identification of the number and geographic location
of covered camps and an estimate of the number of victims
detained in covered camps.
(2) A description of--
(A) the types of personnel and equipment in covered camps;
(B) the funding received by covered camps from the
Government of the People`s Republic of China; and
(C) the role of the security services of the People`s
Republic of China and the Xinjiang Production and
Construction Corps in enforcing atrocities at covered camps.
(3) A comprehensive list of--
(A) the entities of the Xinjiang Production and
Construction Corps, including subsidiaries and affiliated
businesses, with respect to which sanctions have been imposed
by the United States;
(B) commercial activities of those entities outside of the
People`s Republic of China; and
(C) other Chinese businesses, including in the artificial
intelligence, biotechnology, and surveillance technology
sectors, that are involved with the atrocities in Xinjiang or
supporting the policies of the People`s Republic of China in
the region.
(d) Form.--Each report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Publication.--The unclassified portion of each report
required by subsection (b) shall be published on the publicly
accessible website of the Office of the Director of National
Intelligence.
SEC. 405. ASSESSMENTS OF PRODUCTION OF SEMICONDUCTORS BY THE
PEOPLE`S REPUBLIC OF CHINA.
(a) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress`` means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of
the House of Representatives.
(b) In General.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter for 3
years, the Director of National Intelligence shall submit to
the appropriate committees of Congress an assessment of
progress by the People`s Republic of China in global
competitiveness in the production of semiconductors by
Chinese firms.
(c) Elements.--Each assessment submitted under subsection
(b) shall include the following:
(1) The progress of the People`s Republic of China toward
self-sufficiency in the supply of semiconductors for globally
competitive Chinese firms, including those firms competing in
the fields of artificial intelligence, cloud computing,
autonomous vehicles, next-generation and renewable energy,
and high-performance computing.
(2) Activity of Chinese firms with respect to the
procurement of semiconductor manufacturing equipment
necessary for the production of microelectronics below the 20
nanometer process node, including any identified export
diversion to evade export controls.
(3) A comprehensive summary of unilateral and multilateral
export controls that Chinese semiconductor manufacturers have
been subject to in the year preceding the date on which the
assessment is submitted, as well as a description of the
status of export licenses issued by any export control
authority during that time period.
(4) Any observed stockpiling efforts by Chinese firms with
respect to semiconductor manufacturing equipment, substrate
materials, silicon wafers, or other necessary inputs for
semiconductor production.
(5) An analysis of the relative market share of different
Chinese semiconductor manufacturers at different process
nodes and the estimated increase or decrease of market share
by that manufacturer in each product category during the
preceding year.
(6) A comprehensive summary of recruitment activity of the
People`s Republic of China targeting semiconductor
manufacturing engineers and managers from non-Chinese firms.
(7) An analysis of the capability of the workforce of the
People`s Republic of China to design, produce, and
manufacture microelectronics below the 20 nanometer process
node and relevant equipment.
(d) Form of Assessments.--Each assessment submitted under
subsection (b) shall be submitted in unclassified form and
include a classified annex.
TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS
SEC. 501. IMPROVING ONBOARDING OF PERSONNEL IN INTELLIGENCE
COMMUNITY.
(a) Methodology.--The Director of National Intelligence
shall establish a methodology appropriate for all elements of
the intelligence community that can be used to measure,
consistently and reliably, the time it takes to onboard
personnel, from time of application to beginning performance
of duties.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on
the time it takes to onboard personnel in the intelligence
community.
(2) Elements.--The report submitted under paragraph (1)
shall cover the mean and median time it takes to onboard
personnel in the intelligence community, disaggregated by
mode of onboarding and element of the intelligence community.
(c) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a plan to reduce the
time it takes to onboard personnel in the intelligence
community, for elements of the intelligence community that
have median onboarding times that exceed 180 days.
(2) Elements.--The plan submitted under paragraph (1) shall
include milestones to achieve certain specific goals with
respect to
[[Page S6323]]
the mean, median, and mode time it takes to onboard personnel
in the elements of the intelligence community described in
such paragraph, disaggregated by element of the intelligence
community.
SEC. 502. IMPROVING ONBOARDING AT THE CENTRAL INTELLIGENCE
AGENCY.
(a) Definition of Onboard Period.--In this section, the
term ``onboard period`` means the period beginning on the
date on which an individual submits an application for
employment with the Central Intelligence Agency and the date
on which the individual is formally offered one or more
entrance on duty dates.
(b) In General.--The Director of the Central Intelligence
Agency shall take such actions as the Director considers
appropriate and necessary to ensure that, by December 31,
2023, the median duration of the onboard period for new
employees at the Central Intelligence Agency is equal to or
less than 180 days.
SEC. 503. REPORT ON LEGISLATIVE ACTION REQUIRED TO IMPLEMENT
TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Deputy Director for
Management of the Office of Management and Budget shall, in
the Deputy Director`s capacity as the Chair of the Security,
Suitability, and Credentialing Performance Accountability
Council pursuant to section 2.4 of Executive Order 13467 (50
U.S.C. 3161 note; relating to reforming processes related to
suitability for Government employment, fitness for contractor
employees, and eligibility for access to classified national
security information), submit to Congress a report on the
legislative action required to implement the Trusted
Workforce 2.0 initiative.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Specification of the statutes that require amendment in
order to implement the initiative described in subsection
(a).
(2) For each statute specified under paragraph (1), an
indication of the priority for enactment of an amendment.
(3) For each statute specified under paragraph (1), a
description of the consequences if the statute is not
amended.
SEC. 504. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT
OF ADMINISTRATION OF POLYGRAPHS IN INTELLIGENCE
COMMUNITY.
(a) Assessment Required.--The Comptroller General of the
United States shall conduct an assessment of the
administration of polygraph evaluations that are needed in
the intelligence community to meet current annual mission
demand.
(b) Elements.--The assessment completed under subsection
(a) shall include the following:
(1) Identification of the number of polygraphers currently
available at each element of the intelligence community to
meet the demand described in subsection (a).
(2) If the demand described in subsection (a) cannot be
met, an identification of the number of polygraphers that
would need to be hired and certified to meet it.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall
brief the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives on the
preliminary findings of the Comptroller General with respect
to the assessment conducted pursuant to subsection (a).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the committees described in subsection (c) a report on the
findings of the Comptroller General with respect to the
assessment conducted pursuant to subsection (a).
SEC. 505. TIMELINESS IN THE ADMINISTRATION OF POLYGRAPHS.
(a) Standards Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in the Director`s capacity as the
Security Executive Agent pursuant to section 803(a) of the
National Security Act of 1947 (50 U.S.C. 3162a(a)), issue
standards for timeliness for Federal agencies to administer
polygraphs conducted for the purpose of--
(A) adjudicating decisions regarding eligibility for access
to classified information (as defined in the procedures
established pursuant to section 801(a) of the National
Security Act of 1947 (50 U.S.C. 3161(a))); and
(B) granting reciprocity pursuant to Security Executive
Agent Directive 2, or successor directive.
(2) Publication.--The Director shall publish the standards
issued under paragraph (1) in the Federal Register or such
other venue as the Director considers appropriate.
(b) Implementation Plan Required.--Not later than 180 days
after the date of the enactment of this Act, the Director
shall submit to Congress an implementation plan for Federal
agencies to comply with the standards issued under subsection
(a). Such plan shall specify the resources required by
Federal agencies to comply with such standards.
SEC. 506. POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO
CLASSIFIED INFORMATION FOR CERTAIN PERSONNEL.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall, in the
Director`s capacity as the Security Executive Agent pursuant
to section 803(a) of the National Security Act of 1947 (50
U.S.C. 3162a(a)), issue a policy that allows a private person
to submit a certain number or proportion of applications, on
a nonreimbursable basis, for employee access to classified
information for personnel who perform key management and
oversight functions who may not merit an application due to
their work under any one contract.
SEC. 507. TECHNICAL CORRECTION REGARDING FEDERAL POLICY ON
SHARING OF COVERED INSIDER THREAT INFORMATION.
Section 806(b) of the Intelligence Authorization Act for
Fiscal Year 2022 (Public Law 117-103) is amended by striking
``contracting agency`` and inserting ``contractor that
employs the contractor employee``.
SEC. 508. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY
CLEARANCE AND ACCESS DETERMINATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(4)) is amended to read as follows:
``(C) Contributing factor.--
``(i) In general.--Subject to clause (iii), in determining
whether the adverse security clearance or access
determination violated paragraph (1), the agency shall find
that paragraph (1) was violated if the individual has
demonstrated that a disclosure described in paragraph (1) was
a contributing factor in the adverse security clearance or
access determination taken against the individual.
``(ii) Circumstantial evidence.--An individual under clause
(i) may demonstrate that the disclosure was a contributing
factor in the adverse security clearance or access
determination taken against the individual through
circumstantial evidence, such as evidence that--
``(I) the official making the determination knew of the
disclosure; and
``(II) the determination occurred within a period such that
a reasonable person could conclude that the disclosure was a
contributing factor in the determination.
``(iii) Defense.--In determining whether the adverse
security clearance or access determination violated paragraph
(1), the agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure was a
contributing factor, the agency demonstrates by clear and
convincing evidence that it would have made the same security
clearance or access determination in the absence of such
disclosure.``.
SEC. 509. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR
RETALIATORY REVOCATION OF SECURITY CLEARANCES
AND ACCESS DETERMINATIONS.
Section 3001(j)(4)(B) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is
amended, in the second sentence, by striking ``not to exceed
$300,000``.
SEC. 510. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
USE OF GOVERNMENT AND INDUSTRY SPACE CERTIFIED
AS SENSITIVE COMPARTMENTED INFORMATION
FACILITIES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the average annual utilization
of Federal Government and industry space certified as a
sensitive compartmented information facility under
intelligence community or Department of Defense policy.
TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
SEC. 601. SUBMITTAL OF COMPLAINTS AND INFORMATION BY
WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY TO
CONGRESS.
(a) Amendments to Inspector General Act of 1978.--
(1) Appointment of security officers.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(A) by redesignating subsection (h) as subsection (i); and
(B) by inserting after subsection (g) the following:
``(h) Appointment of Security Officers.--Each Inspector
General under this section, including the designees of the
Inspector General of the Department of Defense pursuant to
subsection (a)(3), shall appoint within their offices
security officers to provide, on a permanent basis,
confidential, security-related guidance and direction to an
employee of their respective establishment, an employee
assigned or detailed to such establishment, or an employee of
a contractor of such establishment who intends to report to
Congress a complaint or information, so that such employee
can obtain direction on how to report to Congress in
accordance with appropriate security practices.``.
(2) Procedures.--Subsection (d) of such section is
amended--
(A) in paragraph (1), by inserting ``or any other committee
of jurisdiction of the Senate or the House of
Representatives`` after ``either or both of the intelligence
committees``;
(B) by amending paragraph (2) to read as follows:
``(2)(A) Except as provided in subparagraph (B), the
employee may contact an intelligence committee or another
committee of jurisdiction directly as described in paragraph
(1) of this subsection or in subsection (a)(4) only if the
employee--
``(i) before making such a contact, furnishes to the head
of the establishment, through the Inspector General (or
designee), a statement of the employee`s complaint or
[[Page S6324]]
information and notice of the employee`s intent to contact an
intelligence committee or another committee of jurisdiction
of the Senate or the House of Representatives directly; and
``(ii)(I) obtains and follows from the head of the
establishment, through the Inspector General (or designee),
procedural direction on how to contact an intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives in accordance with
appropriate security practices; or
``(II) obtains and follows such procedural direction from
the applicable security officer appointed under subsection
(h).
``(B) If an employee seeks procedural direction under
subparagraph (A)(ii) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or any other
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subparagraph.``; and
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
``(3) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Ranking Member, as the case may
be, of an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives, a
nonpartisan member of the committee staff designated for
purposes of receiving complaints or information under this
section, or a member of the majority staff and a member of
the minority staff of the committee.``.
(3) Clarification of right to report directly to
congress.--Subsection (a) of such section is amended by
adding at the end the following:
``(4) Subject to paragraphs (2) and (3) of subsection (d),
an employee of an element of the intelligence community who
intends to report to Congress a complaint or information may
report such complaint or information directly to Congress,
regardless of whether the complaint or information is with
respect to an urgent concern--
``(A) in lieu of reporting such complaint or information
under paragraph (1); or
``(B) in addition to reporting such complaint or
information under paragraph (1).``.
(b) Amendments to National Security Act of 1947.--
(1) Appointment of security officers.--Section 103H(j) of
the National Security Act of 1947 (50 U.S.C. 3033(j)) is
amended by adding at the end the following:
``(5) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).``.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of
such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives``
after ``either or both of the congressional intelligence
committees``;
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact a congressional intelligence committee or another
committee of jurisdiction directly as described in clause (i)
only if the employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee`s complaint or information and notice of the
employee`s intent to contact a congressional intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
a congressional intelligence committee or another committee
of jurisdiction of the Senate or the House of Representatives
in accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact a congressional intelligence committee
or any other committee of jurisdiction of the Senate or the
House of Representatives directly without obtaining or
following the procedural direction otherwise required under
such subclause.``;
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Ranking Member, as the case may
be, of a congressional intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.``.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)`` before ``An employee of``; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of an element of the intelligence community
who intends to report to Congress a complaint or information
may report such complaint or information directly to
Congress, regardless of whether the complaint or information
is with respect to an urgent concern--
``(I) in lieu of reporting such complaint or information
under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).``.
(c) Amendments to the Central Intelligence Agency Act of
1949.--
(1) Appointment of security officers.--Section 17(d)(5) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).``.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives``
after ``either or both of the intelligence committees``;
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact an intelligence committee or another committee of
jurisdiction directly as described in clause (i) only if the
employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee`s complaint or information and notice of the
employee`s intent to contact an intelligence committee or
another committee of jurisdiction of the Senate or the House
of Representatives directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives in
accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subclause.``;
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information to the Chairman and Vice Chairman or Ranking
Member, as the case may be, of an intelligence committee or
another committee of jurisdiction of the Senate or the House
of Representatives, a nonpartisan member of the committee
staff designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.``.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)`` before ``An employee of``; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information directly to Congress, regardless of whether
the complaint or information is with respect to an urgent
concern--
``(I) in lieu of reporting such complaint or information
under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).``.
(d) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to revoke
or diminish any right of an individual provided by section
2303 of title 5, United States Code.
SEC. 602. MODIFICATION OF WHISTLEBLOWER PROTECTIONS FOR
CONTRACTOR EMPLOYEES IN INTELLIGENCE COMMUNITY.
Section 1104(c)(1)(A) of the National Security Act of 1947
(50 U.S.C. 3234(c)(1)(A)) is amended by inserting ``a
supervisor of the employing agency with responsibility for
the subject matter of the disclosure,`` after ``chain of
command,``.
[[Page S6325]]
SEC. 603. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER
IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER
DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN
INTELLIGENCE COMMUNITY.
(a) In General.--Section 1104 of the National Security Act
of 1947 (50 U.S.C. 3234) is amended--
(1) in subsection (a)(3) of such section--
(A) in subparagraph (I), by striking ``; or`` and inserting
a semicolon;
(B) by redesignating subparagraph (J) as subparagraph (K);
and
(C) by inserting after subparagraph (I) the following:
``(J) a knowing and willful disclosure revealing the
identity or other personally identifiable information of an
employee or contractor employee; or``;
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Personnel Actions Involving Disclosures of
Whistleblower Identity.--A personnel action described in
subsection (a)(3)(J) shall not be considered in violation of
subsection (b) or (c) under the following circumstances:
``(1) The personnel action was taken with the express
consent of the employee or contractor employee.
``(2) An Inspector General with oversight responsibility
for a covered intelligence community element determines
that--
``(A) the personnel action was unavoidable under section
103H(g)(3)(A) of this Act (50 U.S.C. 3033(g)(3)(A)), section
17(e)(3)(A) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(e)(3)(A)), section 7(b) of the Inspector
General Act of 1978 (5 U.S.C. App.), or section 8M(b)(2)(B)
of the Inspector General Act of 1978 (5 U.S.C. App.);
``(B) the personnel action was made to an official of the
Department of Justice responsible for determining whether a
prosecution should be undertaken; or
``(C) the personnel action was required by statute or an
order from a court of competent jurisdiction.``.
(b) Applicability to Detailees.--Subsection (a) of section
1104 of such Act (50 U.S.C. 3234) is amended by adding at the
end the following:
``(5) Employee.--The term `employee`, with respect to an
agency or a covered intelligence community element, includes
an individual who has been detailed to such agency or covered
intelligence community element.``.
SEC. 604. DEFINITIONS REGARDING WHISTLEBLOWER COMPLAINTS AND
INFORMATION OF URGENT CONCERN RECEIVED BY
INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY.
(a) National Security Act of 1947.--Section
103H(k)(5)(G)(i)(I) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)(G)(i)(I)) is amended by striking ``within
the`` and all that follows through ``policy matters.`` and
inserting the following: ``of the Federal Government that
is--
``(aa) a matter of national security; and
``(bb) not a difference of opinion concerning public policy
matters.``.
(b) Inspector General Act of 1978.--Section 8H(h)(1)(A)(i)
of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by striking ``involving`` and all that follows
through ``policy matters.`` and inserting the following: ``of
the Federal Government that is--
``(I) a matter of national security; and
``(II) not a difference of opinion concerning public policy
matters.``.
(c) Central Intelligence Agency Act of 1949.--Section
17(d)(5)(G)(i)(I)(aa) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3517(d)(5)(G)(i)(I)(aa)) is amended by
striking ``involving`` and all that follows through ``policy
matters.`` and inserting the following: ``of the Federal
Government that is--
``(AA) a matter of national security; and
``(BB) not a difference of opinion concerning public policy
matters.``.
TITLE VII--OTHER MATTERS
SEC. 701. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND
CIVIL LIBERTIES OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is
amended to read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall serve a
term of 6 years, commencing on the date of the appointment of
the member to the Board.
``(B) Reappointment.--A member may be reappointed to one or
more additional terms.
``(C) Vacancy.--A vacancy on the Board shall be filled in
the manner in which the original appointment was made.
``(D) Extension.--Upon the expiration of the term of office
of a member, the member may continue to serve, at the
election of the member--
``(i) during the period preceding the reappointment of the
member pursuant to subparagraph (B); or
``(ii) until the member`s successor has been appointed and
qualified.``.
SEC. 702. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS
UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA.
(a) In General.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is
amended to read as follows:
``SEC. 1683. ESTABLISHMENT OF UNIDENTIFIED AEROSPACE-UNDERSEA
PHENOMENA JOINT PROGRAM OFFICE.
``(a) Establishment of Office.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the American Security Drone Act of 2022,
the Secretary of Defense, in coordination with the Director
of National Intelligence, shall establish an office within a
component of the Office of the Secretary of Defense, or
within a joint organization of the Department of Defense and
the Office of the Director of National Intelligence, to carry
out the duties of the Unidentified Aerial Phenomena Task
Force, as in effect on December 26, 2021, and such other
duties as are required by this section, including those
pertaining to--
``(A) transmedium objects or devices and unidentified
aerospace-undersea phenomena;
``(B) space, atmospheric, and water domains; and
``(C) currently unknown technology and other domains.
``(2) Designation.--The office established under paragraph
(1) shall be known as the `Unidentified Aerospace-Undersea
Phenomena Joint Program Office` (in this section referred to
as the `Office`).
``(b) Director and Deputy Director of the Office.--
``(1) Appointment of director.--The head of the Office
shall be the Director of the Unidentified Aerospace-Undersea
Phenomena Joint Program Office (in this section referred to
as the `Director of the Office`), who shall be appointed by
the Secretary of Defense.
``(2) Appointment of deputy director.--There shall be in
the Office a Deputy Director of the Unidentified Aerospace-
Undersea Phenomena Joint Program Office (in this section
referred to as the `Deputy Director of the Office`), who
shall be appointed by the Director of National Intelligence.
``(3) Reporting.--(A) The Director of the Office shall
report to the Secretary of Defense.
``(B) The Deputy Director of the Office shall report--
``(i) to the Secretary of Defense and the Director of
National Intelligence on all administrative matters of the
Office; and
``(ii) to the Secretary of Defense on all operational
matters of the Office.
``(c) Duties.--The duties of the Office shall include the
following:
``(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents,
including adverse physiological effects, regarding
unidentified aerospace-undersea phenomena across the
Department of Defense and the intelligence community, in
consultation with the Director of National Intelligence, and
submitting a report on such procedures to the congressional
defense committees, the congressional intelligence
committees, and congressional leadership.
``(2) Developing processes and procedures to ensure that
such incidents from each component of the Department and each
element of the intelligence community are reported and
incorporated in a centralized repository.
``(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
``(4) Evaluating links between unidentified aerospace-
undersea phenomena and adversarial foreign governments, other
foreign governments, or nonstate actors.
``(5) Evaluating the threat that such incidents present to
the United States.
``(6) Coordinating with other departments and agencies of
the Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and the Department of Energy.
``(7) Coordinating with allies and partners of the United
States, as appropriate, to better assess the nature and
extent of unidentified aerospace-undersea phenomena.
``(8) Preparing reports for Congress, in both classified
and unclassified form, including under subsection (j).
``(9) Ensuring that appropriate elements of the
intelligence community receive all reports received by the
Office regarding a temporary nonattributed object or an
object that is positively identified as man-made, including
by creating a procedure to ensure that the Office refers such
reports to an appropriate element of the intelligence
community for distribution among other relevant elements of
the intelligence community, in addition to the reports in the
repository described in paragraph (2).
``(d) Response to and Field Investigations of Unidentified
Aerospace-undersea Phenomena.--
``(1) Designation.--The Secretary, in coordination with the
Director of National Intelligence, shall designate one or
more line organizations within the Department of Defense and
the intelligence community that possess appropriate
expertise, authorities, accesses, data, systems, platforms,
and capabilities to rapidly respond to, and conduct field
investigations of, incidents involving unidentified
aerospace-undersea phenomena under the direction of the
Director of the Office.
``(2) Ability to respond.--The Secretary, in coordination
with the Director of National Intelligence, shall ensure that
each line organization designated under paragraph (1) has
adequate personnel with the
[[Page S6326]]
requisite expertise, equipment, transportation, and other
resources necessary to respond rapidly to incidents or
patterns of observations involving unidentified aerospace-
undersea phenomena of which the Office becomes aware.
``(e) Scientific, Technological, and Operational Analyses
of Data on Unidentified Aerospace-undersea Phenomena.--
``(1) Designation.--The Secretary, in coordination with the
Director of National Intelligence, shall designate one or
more line organizations that will be primarily responsible
for scientific, technical, and operational analysis of data
gathered by field investigations conducted pursuant to
subsection (d) and data from other sources, including with
respect to the testing of materials, medical studies, and
development of theoretical models, to better understand and
explain unidentified aerospace-undersea phenomena.
``(2) Authority.--The Secretary and the Director of
National Intelligence shall each issue such directives as are
necessary to ensure that each line organization designated
under paragraph (1) has authority to draw on the special
expertise of persons outside the Federal Government with
appropriate security clearances.
``(f) Data; Intelligence Collection.--
``(1) Availability of data and reporting on unidentified
aerospace-undersea phenomena.--The Director of National
Intelligence and the Secretary shall each, in coordination
with one another, ensure that--
``(A) each element of the intelligence community with data
relating to unidentified aerospace-undersea phenomena makes
such data available immediately to the Office; and
``(B) military and civilian personnel of the Department of
Defense or an element of the intelligence community, and
contractor personnel of the Department or such an element,
have access to procedures by which the personnel shall report
incidents or information, including adverse physiological
effects, involving or associated with unidentified aerospace-
undersea phenomena directly to the Office.
``(2) Intelligence collection and analysis plan.--The
Director of the Office, acting on behalf of the Secretary of
Defense and the Director of National Intelligence, shall
supervise the development and execution of an intelligence
collection and analysis plan to gain as much knowledge as
possible regarding the technical and operational
characteristics, origins, and intentions of unidentified
aerospace-undersea phenomena, including with respect to the
development, acquisition, deployment, and operation of
technical collection capabilities necessary to detect,
identify, and scientifically characterize unidentified
aerospace-undersea phenomena.
``(3) Use of resources and capabilities.--In developing the
plan under paragraph (2), the Director of the Office shall
consider and propose, as the Director of the Office
determines appropriate, the use of any resource, capability,
asset, or process of the Department and the intelligence
community.
``(4) Director of the national geospatial-intelligence
agency.--
``(A) Leadership.--The Director of the National Geospatial-
Intelligence Agency shall lead the collection efforts of the
intelligence community with respect to unidentified
aerospace-undersea phenomena geospatial intelligence.
``(B) Briefings.--Not later than 90 days after the date of
the enactment of the American Security Drone Act of 2022 and
not less frequently than once every 90 days thereafter, the
Director shall brief the congressional defense committees,
the congressional intelligence committees, and congressional
leadership on the activities of the Director under this
paragraph.
``(g) Science Plan.--The Director of the Office, on behalf
of the Secretary and the Director of National Intelligence,
shall supervise the development and execution of a science
plan to develop and test, as practicable, scientific theories
to--
``(1) account for characteristics and performance of
unidentified aerospace-undersea phenomena that exceed the
known state of the art in science or technology, including in
the areas of propulsion, aerodynamic control, signatures,
structures, materials, sensors, countermeasures, weapons,
electronics, and power generation; and
``(2) provide the foundation for potential future
investments to replicate or otherwise better understand any
such advanced characteristics and performance.
``(h) Assignment of Priority.--The Director of National
Intelligence, in consultation with, and with the
recommendation of the Secretary, shall assign an appropriate
level of priority within the National Intelligence Priorities
Framework to the requirement to understand, characterize, and
respond to unidentified aerospace-undersea phenomena.
``(i) Core Group.--Not later than 180 days after the date
of the enactment of the American Security Drone Act of 2022,
the Director of the Office, the Secretary of Defense, and the
Director of National Intelligence shall jointly establish a
core group within the Office that shall include, at a
minimum, representatives with all relevant and appropriate
security clearances from the following:
``(1) The Central Intelligence Agency.
``(2) The National Security Agency.
``(3) The Department of Energy.
``(4) The National Reconnaissance Office.
``(5) The Air Force.
``(6) The Space Force.
``(7) The Defense Intelligence Agency.
``(8) The National Geospatial-Intelligence Agency.
``(9) The Department of Homeland Security.
``(j) Annual Reports.--
``(1) Reports from director of national intelligence.--
``(A) Requirement.--Not later than 180 days after the date
of the enactment of the American Security Drone Act of 2022,
and annually thereafter for 4 years, the Director of National
Intelligence, in consultation with the Secretary, shall
submit to the appropriate congressional committees a report
on unidentified aerospace-undersea phenomena.
``(B) Elements.--Each report under subparagraph (A) shall
include, with respect to the year covered by the report, the
following information:
``(i) All reported unidentified aerospace-undersea
phenomena-related events that occurred during the one-year
period.
``(ii) All reported unidentified aerospace-undersea
phenomena-related events that occurred during a period other
than that one-year period but were not included in an earlier
report.
``(iii) An analysis of data and intelligence received
through each reported unidentified aerospace-undersea
phenomena-related event.
``(iv) An analysis of data relating to unidentified
aerospace-undersea phenomena collected through--
``(I) geospatial intelligence;
``(II) signals intelligence;
``(III) human intelligence; and
``(IV) measurement and signature intelligence.
``(v) The number of reported incidents of unidentified
aerospace-undersea phenomena over restricted airspace of the
United States during the one-year period.
``(vi) An analysis of such incidents identified under
clause (v).
``(vii) Identification of potential aerospace or other
threats posed by unidentified aerospace-undersea phenomena to
the national security of the United States.
``(viii) An assessment of any activity regarding
unidentified aerospace-undersea phenomena that can be
attributed to one or more adversarial foreign governments.
``(ix) Identification of any incidents or patterns
regarding unidentified aerospace-undersea phenomena that
indicate a potential adversarial foreign government may have
achieved a breakthrough aerospace capability.
``(x) An update on the coordination by the United States
with allies and partners on efforts to track, understand, and
address unidentified aerospace-undersea phenomena.
``(xi) An update on any efforts underway on the ability to
capture or exploit discovered unidentified aerospace-undersea
phenomena.
``(xii) An assessment of any health related effects for
individuals that have encountered unidentified aerospace-
undersea phenomena.
``(xiii) The number of reported incidents, and descriptions
thereof, of unidentified aerospace-undersea phenomena
associated with military nuclear assets, including strategic
nuclear weapons and nuclear-powered ships and submarines.
``(xiv) In consultation with the Administrator for Nuclear
Security, the number of reported incidents, and descriptions
thereof, of unidentified aerospace-undersea phenomena
associated with facilities or assets associated with the
production, transportation, or storage of nuclear weapons or
components thereof.
``(xv) In consultation with the Chairman of the Nuclear
Regulatory Commission, the number of reported incidents, and
descriptions thereof, of unidentified aerospace-undersea
phenomena or drones of unknown origin associated with nuclear
power generating stations, nuclear fuel storage sites, or
other sites or facilities regulated by the Nuclear Regulatory
Commission.
``(xvi) The names of the line organizations that have been
designated to perform the specific functions under
subsections (d) and (e), and the specific functions for which
each such line organization has been assigned primary
responsibility.
``(C) Form.--Each report submitted under subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.
``(2) Reports from elements of intelligence community.--Not
later than one year after the date of enactment of the
American Security Drone Act of 2022, and annually thereafter,
each head of an element of the intelligence community shall
submit to the congressional committees specified in
subparagraphs (A), (B), (D), and (E) of subsection (o)(1) and
congressional leadership a report on the activities of the
element of the head undertaken in the past year to support
the Office, including a section prepared by the Office that
includes a detailed description of the coordination between
the Office and the element of the intelligence community, any
concerns with such coordination, and any recommendations for
improving such coordination.
``(k) Semiannual Briefings.--
``(1) Requirement.--Not later than December 31, 2022, and
not less frequently than semiannually thereafter until
December 31, 2026, the Director of the Office shall provide
to the congressional committees specified in subparagraphs
(A), (B), (D), and (E) of subsection (o)(1) classified
briefings on unidentified aerospace-undersea phenomena.
[[Page S6327]]
``(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving
unidentified aerospace-undersea phenomena that were reported
to the Unidentified Aerial Phenomena Task Force or to the
Office established under subsection (a) after June 24, 2021,
regardless of the date of occurrence of the incident.
``(3) Subsequent briefings.--Each briefing provided
subsequent to the first briefing described in paragraph (2)
shall include, at a minimum, all events relating to
unidentified aerospace-undersea phenomena that occurred
during the previous 180 days, and events relating to
unidentified aerospace-undersea phenomena that were not
included in an earlier briefing.
``(4) Instances in which data was not shared.--For each
briefing period, the Director of the Office shall jointly
provide to the chairman or chair and the ranking member or
vice chairman of the congressional committees specified in
subparagraphs (A) and (D) of subsection (o)(1) an enumeration
of any instances in which data relating to unidentified
aerospace-undersea phenomena was not provided to the Office
because of classification restrictions on that data or for
any other reason.
``(l) Quarterly Briefings.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the American Security Drone Act of 2022,
and not less frequently than once every 90 days thereafter,
the Director of the Office shall provide the appropriate
congressional committees and congressional leadership
briefings on unidentified aerospace-undersea phenomena
events.
``(2) Elements.--The briefings provided under paragraph (1)
shall include the following:
``(A) A continuously updated compendium of unidentified
aerospace-undersea phenomena events.
``(B) Details about each sighting that has occurred within
the past 90 days and the status of each sighting`s
resolution.
``(C) Updates on the Office`s collection activities and
posture, analysis, and research.
``(m) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the work of the Office, including with respect to--
``(1) general intelligence gathering and intelligence
analysis; and
``(2) strategic defense, space defense, defense of
controlled air space, defense of ground, air, or naval
assets, and related purposes.
``(n) Task Force Termination.--Not later than the date on
which the Secretary establishes the Office under subsection
(a), the Secretary shall terminate the Unidentified Aerial
Phenomena Task Force.
``(o) Definitions.--In this section:
``(1) The term `appropriate congressional committees` means
the following:
``(A) The Committees on Armed Services of the Senate and
the House of Representatives.
``(B) The Committees on Appropriations of the Senate and
the House of Representatives.
``(C) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
``(D) The Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives.
``(E) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives.
``(2) The term `congressional defense committees` has the
meaning given such term in section 101(a) of title 10, United
States Code.
``(3) The term `congressional intelligence committees` has
the meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
``(4) The term `congressional leadership` means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives; and
``(D) the minority leader of the House of Representatives.
``(5) The term `intelligence community` has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
``(6) The term `line organization` means, with respect to a
department or agency of the Federal Government, an
organization that executes programs and activities to
directly advance the core functions and missions of the
department or agency to which the organization is
subordinate, but, with respect to the Department of Defense,
does not include a component of the Office of the Secretary
of Defense.
``(7) The term `transmedium objects or devices` means
objects or devices that are--
``(A) observed to transition between space and the
atmosphere, or between the atmosphere and bodies of water;
and
``(B) not immediately identifiable.
``(8) The term `unidentified aerospace-undersea
phenomena`--
``(A) means--
``(i) airborne objects that are not immediately
identifiable;
``(ii) transmedium objects or devices; and
``(iii) submerged objects or devices that are not
immediately identifiable and that display behavior or
performance characteristics suggesting that the objects or
devices may be related to the objects or devices described in
subparagraph (A) or (B); and
``(B) does not include temporary nonattributed objects or
those that are positively identified as man-made.``.
(b) Delegation of Duties of Director of National
Intelligence.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall select a full-time equivalent employee of the
intelligence community and delegate to such employee the
responsibilities of the Director under section 1683 of such
Act (50 U.S.C. 3373), as amended by subsection (a).
(c) Clerical Amendment.--The table of contents in section
2(b) of such Act is amended by striking the item relating to
section 1683 of division A and inserting the following new
item:
``Sec. 1683. Establishment of Unidentified Aerospace-Undersea Phenomena
Joint Program Office.
SEC. 703. UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA REPORTING
PROCEDURES.
(a) Authorization for Reporting.--Notwithstanding the terms
of any nondisclosure written or oral agreement, order, or
other instrumentality or means, that could be interpreted as
a legal constraint on reporting by a witness of an
unidentified aerospace-undersea phenomena, reporting in
accordance with the system established under subsection (b)
is hereby authorized and shall be deemed to comply with any
regulation or order issued under the authority of Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information) or chapter 18 of the Atomic
Energy Act of 1954 (42 U.S.C. 2271 et seq.).
(b) System for Reporting.--
(1) Establishment.--The head of the Office, on behalf of
the Secretary of Defense and the Director of National
Intelligence, shall establish a secure system for receiving
reports of--
(A) any event relating to unidentified aerospace-undersea
phenomena; and
(B) any Government or Government contractor activity or
program related to unidentified aerospace-undersea phenomena.
(2) Protection of systems, programs, and activity.--The
system established pursuant to paragraph (1) shall serve as a
mechanism to prevent unauthorized public reporting or
compromise of properly classified military and intelligence
systems, programs, and related activity, including all
categories and levels of special access and compartmented
access programs, current, historical, and future.
(3) Administration.--The system established pursuant to
paragraph (1) shall be administered by designated and widely
known, easily accessible, and appropriately cleared
Department of Defense and intelligence community employees or
contractors assigned to the Unidentified Aerial Phenomena
Task Force or the Office.
(4) Sharing of information.--The system established under
paragraph (1) shall provide for the immediate sharing with
Office personnel and supporting analysts and scientists of
information previously prohibited from reporting under any
nondisclosure written or oral agreement, order, or other
instrumentality or means, except in cases where the cleared
Government personnel administering such system conclude that
the preponderance of information available regarding the
reporting indicates that the observed object and associated
events and activities likely relate to a special access
program or compartmented access program that, as of the date
of the reporting, has been explicitly and clearly reported to
the congressional defense committees and congressional
intelligence committees, and is documented as meeting those
criteria.
(5) Initial report and publication.--Not later than 180
days after the date of the enactment of this Act, the head of
the Office, on behalf of the Secretary and the Director,
shall--
(A) submit to the congressional intelligence committees,
the congressional defense committees, and congressional
leadership a report detailing the system established under
paragraph (1); and
(B) make available to the public on a website of the
Department of Defense information about such system,
including clear public guidance for accessing and using such
system and providing feedback about the expected timeline to
process a report.
(6) Annual reports.--Subsection (j)(1) of section 1683 of
the National Defense Authorization Act for Fiscal Year 2022
(50 U.S.C. 3373), as amended by section 703, is further
amended--
(A) in subparagraph (A), by inserting ``and congressional
leadership`` after ``appropriate congressional committees``;
and
(B) in subparagraph (B), by adding at the end the following
new clause:
``(xvii) A summary of the reports received using the system
established under section 703(b)(1) of the American Security
Drone Act of 2022.``.
(c) Records of Nondisclosure Agreements.--
(1) Identification of nondisclosure agreements.--The
Secretary of Defense, the Director of National Intelligence,
the Secretary of Homeland Security, the heads of such other
departments and agencies of the Federal Government that have
supported investigations of the types of events covered by
subparagraph (A) of subsection (b)(1) and activities and
programs described in subparagraph (B) of such subsection,
and contractors of the Federal Government supporting such
activities and programs shall conduct comprehensive searches
of all
[[Page S6328]]
records relating to nondisclosure orders or agreements or
other obligations relating to the types of events described
in subsection (a) and provide copies of all relevant
documents to the Office.
(2) Submittal to congress.--The head of the Office shall--
(A) make the records compiled under paragraph (1)
accessible to the congressional intelligence committees, the
congressional defense committees, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, and congressional leadership; and
(B) not later than September 30, 2023, and at least once
each fiscal year thereafter through fiscal year 2026, provide
to such committees and congressional leadership briefings and
reports on such records.
(d) Protection From Liability.--
(1) Protection from liability.--It shall not be a violation
of any law, and no cause of action shall lie or be maintained
in any court or other tribunal against any person, for
reporting any information through, and in compliance with,
the system established pursuant to subsection (b)(1).
(2) Prohibition on reprisals.--An employee of a Federal
agency and an employee of a contractor for the Federal
Government who has authority to take, direct others to take,
recommend, or approve any personnel action, shall not, with
respect to such authority, take or fail to take, or threaten
to take or fail to take, a personnel action, including the
revocation or suspension of security clearances, with respect
to any individual as a reprisal for any reporting as
described in paragraph (1).
(e) Review by Inspectors General.--Not later than one year
after the date of the enactment of this Act, the Inspector
General of the Department of Defense and the Inspector
General of the Intelligence Community shall each--
(1) conduct an assessment of the compliance with the
requirements of this section and the operation and efficacy
of the system established under subsection (b); and
(2) submit to the congressional intelligence committees,
the congressional defense committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, and congressional leadership a report on
their respective findings with respect to the assessments
they conducted under paragraph (1).
(f) Definitions.--In this section:
(1) The term ``congressional defense committees`` has the
meaning given such term in section 101(a) of title 10, United
States Code.
(2) The term ``congressional leadership`` means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) The term ``Office`` means the office established under
section 1683(a) of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373(a)), as amended by section
703.
(4) The term ``personnel action`` has the meaning given
such term in section 1104(a) of the National Security Act of
1947 (50 U.S.C. 3234(a)).
(5) The term ``unidentified aerospace-undersea phenomena``
has the meaning given such term in section 1683(o) of the
National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373(o)), as amended by section 703.
SEC. 704. COMPTROLLER GENERAL OF THE UNITED STATES
COMPILATION OF UNIDENTIFIED AEROSPACE-UNDERSEA
PHENOMENA RECORDS.
(a) Definition of Unidentified Aerospace-undersea
Phenomena.--In this section, the term ``unidentified
aerospace-undersea phenomena`` has the meaning given such
term in section 1683(o) of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373(o)), as amended by
section 703.
(b) Compilation Required.--Not later than one year after
the date of the enactment of this Act, the Comptroller
General of the United States shall--
(1) commence a review of the records and documents of the
intelligence community, oral history interviews, open source
analytic analysis, interviews of current and former
government officials, classified and unclassified national
archives (including those records any third party obtained
pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act`` or
``FOIA``)), and such other relevant historical sources as the
Comptroller General considers appropriate; and
(2) for the period beginning on January 1, 1947, and ending
on the date on which the Comptroller General completes
activities under this subsection, compile and itemize a
complete historical record of the intelligence community`s
involvement with unidentified aerospace-undersea phenomena,
including successful or unsuccessful efforts to identify and
track unidentified aerospace-undersea phenomena, and any
intelligence community efforts to obfuscate, manipulate
public opinion, hide, or otherwise provide unclassified or
classified misinformation about unidentified aerospace-
undersea phenomena or related activities, based on the review
conducted under paragraph (1).
(c) Report.--
(1) In general.--Not later than 180 days after the date on
which the Comptroller General completes the compilation and
itemization required by subsection (b)(2), the Comptroller
General shall submit to Congress a report summarizing the
historical record described in such subsection.
(2) Resources.--The report submitted under paragraph (1)
shall include citations to the resources relied upon and
instructions as to how the resources can be accessed.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex as necessary.
(d) Cooperation of Intelligence Community.--The heads of
elements of the intelligence community whose participation
the Comptroller General deems necessary to carry out
subsections (b) and (c), including the Director of National
Intelligence, the Under Secretary of Defense for Intelligence
and Security, and the Director of the Unidentified Aerospace-
Undersea Phenomena Joint Program Office, shall fully
cooperate with the Comptroller General and provide to the
Comptroller General such information as the Comptroller
General determines necessary to carry out such subsections.
(e) Access to Records of the National Archives and Records
Administration.--The Archivist of the United States shall
make available to the Comptroller General such information
maintained by the National Archives and Records
Administration, including classified information, as the
Comptroller General considers necessary to carry out
subsections (b) and (c).
SEC. 705. OFFICE OF GLOBAL COMPETITION ANALYSIS.
(a) Definitions.--In this section:
(1) Executive agency.--The term ``Executive agency`` has
the meaning given such term in section 105 of title 5, United
States Code.
(2) Office.--The term ``Office`` means the Office of Global
Competition Analysis established under subsection (b).
(b) Establishment.--
(1) In general.--The President shall establish an office
for analysis of global competition.
(2) Purposes.--The purposes of the Office are as follows:
(A) To carry out a program of analysis relevant to United
States leadership in technology and innovation sectors
critical to national security and economic prosperity
relative to other countries, particularly those countries
that are strategic competitors of the United States.
(B) To support policy development and decisionmaking across
the Federal Government to ensure United States leadership in
technology and innovation sectors critical to national
security and economic prosperity relative to other countries,
particularly those countries that are strategic competitors
of the United States.
(3) Designation.--The office established under paragraph
(1) shall be known as the ``Office of Global Competition
Analysis``.
(c) Activities.--In accordance with the priorities
determined under subsection (d), the Office shall--
(1) subject to subsection (f), acquire, access, use, and
handle data or other information relating to the purposes of
the Office under subsection (b);
(2) conduct long- and short-term analyses regarding--
(A) United States policies that enable technological
competitiveness relative to those of other countries,
particularly with respect to countries that are strategic
competitors of the United States;
(B) United States science and technology ecosystem
elements, including technology innovation, development,
advanced manufacturing, supply chain resiliency, workforce,
and production, relative to those of other countries,
particularly with respect to countries that are strategic
competitors of the United States;
(C) United States competitiveness in technology and
innovation sectors critical to national security and economic
prosperity relative to other countries, including the
availability and scalability of United States technology in
such sectors abroad, particularly with respect to countries
that are strategic competitors of the United States;
(D) trends and trajectories, including rate of change in
technologies, related to technology and innovation sectors
critical to national security and economic prosperity;
(E) threats to United States` national security interests
as a result of any foreign country`s dependence on
technologies of strategic competitors of the United States;
and
(F) threats to United States interests based on
dependencies on foreign technologies critical to national
security and economic prosperity;
(3) solicit input on technology and economic trends, data,
and metrics from relevant private sector stakeholders and
engage with academia to inform the analyses under paragraph
(2); and
(4) to the greatest extent practicable and as may be
appropriate, ensure that versions of the analyses under
paragraph (2) are unclassified.
(d) Determination of Priorities.--On a periodic basis, the
Director of the Office of Science and Technology Policy, the
Assistant to the President for Economic Policy, the Assistant
to the President for National Security Affairs, the Secretary
of Commerce, the Director of National Intelligence, the
Secretary of Defense, the Secretary of
[[Page S6329]]
Energy, the Secretary of State, and the Secretary of Homeland
Security shall, in coordination with such heads of Executive
agencies as such Directors, Assistants, and Secretaries
jointly consider appropriate, jointly determine the
priorities of the Office with respect to subsection
(b)(2)(A), considering, as may be appropriate, the strategies
and reports under subtitle B of title VI of the Research and
Development, Competition, and Innovation Act (Public Law 117-
167).
(e) Administration.--To carry out the purposes set forth
under subsection (b)(2), the Office shall enter into an
agreement with a Federally funded research and development
center, a university affiliated research center, or a
consortium of federally funded research and development
centers and university-affiliated research centers.
(f) Acquisition, Access, Use, and Handling of Data or
Information.--In carrying out the activities under subsection
(c), the Office--
(1) shall acquire, access, use, and handle data or
information in a manner consistent with applicable provisions
of law and policy and subject to any restrictions required by
the source of the information;
(2) shall have access to all information, data, or reports
of any Executive agency that the Office determines necessary
to carry out this section upon written request, consistent
with due regard for the protection from unauthorized
disclosure of classified information relating to sensitive
intelligence sources and methods or other exceptionally
sensitive matters; and
(3) may obtain commercially available information that may
not be publicly available.
(g) Additional Support.--A head of an Executive agency may
provide to the Office such support, in the form of financial
assistance and personnel, as the head considers appropriate
to assist the Office in carrying out any activity under
subsection (c), consistent with the priorities determined
under subsection (d).
(h) Annual Report.--Not less frequently than once each
year, the Office shall submit to Congress a report on the
activities of the Office under this section, including a
description of the priorities under subsection (d) and any
support, disaggregated by Executive agency, provided to the
Office consistent with subsection (g) in order to advance
those priorities.
(i) Plans .--Before establishing the Office under
subsection (b)(1), the President shall submit to the
appropriate committees of Congress a report detailing plans
for--
(1) the administrative structure of the Office, including--
(A) a detailed spending plan that includes administrative
costs; and
(B) a disaggregation of costs associated with carrying out
subsection (e)(1);
(2) ensuring consistent and sufficient funding for the
Office; and
(3) coordination between the Office and relevant Executive
agencies.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
fiscal year 2023.
SEC. 706. REPORT ON TRACKING AND COLLECTING PRECURSOR
CHEMICALS USED IN THE PRODUCTION OF SYNTHETIC
OPIOIDS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress``
means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary and the Committee on
Appropriations of the Senate; and
(3) the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall submit to the appropriate
committees of Congress a report on--
(1) any gaps or challenges related to tracking licit
precursor chemicals that are bound for illicit use in the
production of synthetic opioids; and
(2) any gaps in authorities related to the collection of
licit precursor chemicals that have been routed toward
illicit supply chains.
(c) Form of Report.--The report submitted under subsection
(b) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 707. ASSESSMENT AND REPORT ON MASS MIGRATION IN THE
WESTERN HEMISPHERE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress``
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
the Judiciary, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Committee on Appropriations of the House
of Representatives.
(b) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall assess, and submit to the congressional
intelligence committees a report on--
(1) the threats to the interests of the United States
created or enhanced by, or associated with, the mass
migration of people within the Western Hemisphere,
particularly to the southern border of the United States;
(2) the use of or the threat of using mass migration in the
Western Hemisphere by the regime of Nicolas Maduro in
Venezuela and the regime of Miguel Diaz-Canel and Raul Castro
in Cuba--
(A) to effectively curate populations so that people who
remain in those countries are powerless to meaningfully
dissent;
(B) to extract diplomatic concessions from the United
States; and
(C) to enable the increase of remittances from migrants
residing in the United States as a result of the mass
migration to help finance the regimes in Venezuela and Cuba;
and
(3) any gaps in resources, collection capabilities, or
authorities relating to the ability of the intelligence
community to timely identify the threats described in
paragraphs (1) and (2), and recommendations for addressing
those gaps.
(c) Form of Report.--The report submitted under subsection
(b) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 708. NOTIFICATIONS REGARDING TRANSFERS OF DETAINEES AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
(a) Definitions.--In this section:
(1) Appropriate members of congress.--The term
``appropriate Members of Congress`` means--
(A) the majority leader and the minority leader of the
Senate;
(B) the Chairman and Ranking Member of the Committee on
Armed Services of the Senate;
(C) the Chairman and Vice Chairman of the Select Committee
on Intelligence of the Senate;
(D) the Chairman and Vice Chairman of the Committee on
Appropriations of the Senate;
(E) the Chairman and Ranking Member of the Committee on
Foreign Relations of the Senate;
(F) the Speaker of the House of Representatives;
(G) the minority leader of the House of Representatives;
(H) the Chairman and Ranking Member of the Committee on
Armed Services of the House of Representatives;
(I) the Chairman and Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives;
(J) the Chair and Ranking Member of the Committee on
Appropriations of the House of Representatives; and
(K) the Chairman and Ranking Member of the Committee on
Foreign Affairs of the House of Representatives.
(2) Executive order 13567.--The term ``Executive Order
13567`` means Executive Order 13567 (10 U.S.C. 801 note;
relating to periodic review of individuals detained at
Guantanamo Bay Naval Station pursuant to the Authorization
for Use of Military Force).
(3) Individual detained at guantanamo.--The term
``individual detained at Guantanamo`` has the meaning given
that term in section 1034(f)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 971; 10 U.S.C. 801 note).
(4) Periodic review board.--The term ``Periodic Review
Board`` has the meaning given that term in section 9 of
Executive Order 13567 or successor order.
(5) Review committee.--The term ``Review Committee`` has
the meaning given that term in section 9 of Executive Order
13567 or successor order.
(b) Notifications Required.--
(1) Eligibility for transfer.--Not later than 3 days after
a Periodic Review Board or Review Committee makes a final
determination that the continued law of war detention of an
individual detained at Guantanamo is not warranted, and
consistent with Executive Order 13567 or successor order, the
Secretary of Defense shall submit to the appropriate Members
of Congress a notification of that determination.
(2) Transfer.--
(A) In general.--In any circumstance in which a
certification referred to in paragraph (1) of section 1034(a)
of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C. 801 note)
concerning the transfer of an individual detained at
Guantanamo is not required pursuant to paragraph (2) of that
section, not less than 30 days prior to the transfer of the
individual, the Secretary of Defense, with the concurrence of
the Secretary of State, shall submit to the appropriate
Members of Congress a notification of the transfer.
(B) Matters to be included.--Each notification submitted
under subparagraph (A) shall include the following:
(i) The name and country of origin of the individual to be
transferred.
(ii) The country to which the individual will be
transferred and the rationale for transferring the individual
to that particular country.
(iii) An estimated date of transfer and the basis therefor.
SEC. 709. REPORT ON INTERNATIONAL NORMS, RULES, AND
PRINCIPLES APPLICABLE IN SPACE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence and the Secretary of State, in coordination with
the
[[Page S6330]]
Secretary of Defense, the Secretary of Commerce, the
Administrator of the National Aeronautics and Space
Administration, and the heads of any other agencies as the
Director considers necessary, shall jointly submit to
Congress a report on international norms, rules, and
principles applicable in space.
(b) Elements.--The report submitted under subsection (a)
shall--
(1) identify threats to the interests of the United States
in space that may be mitigated by international norms, rules,
and principles, including such norms, rules, and principles
relating to developments in dual-use technology; and
(2) identify opportunities for the United States to
influence international norms, rules, and principles
applicable in space, including through bilateral and
multilateral engagement.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 710. ASSESSMENTS OF THE EFFECTS OF SANCTIONS IMPOSED
WITH RESPECT TO THE RUSSIAN FEDERATION`S
INVASION OF UKRAINE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress``
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of
the House of Representatives.
(b) In General.--Not later than 60 days after the date of
the enactment of this Act, and every 180 days thereafter for
3 years, the Director of National Intelligence shall submit
to the appropriate committees of Congress an assessment of
the cumulative and material effects of the sanctions imposed
by the United States, European countries, and the
international community with respect to the Russian
Federation in response to the February 24, 2022, invasion of
Ukraine and subsequent actions by the Russian Federation.
(c) Elements.--Each assessment submitted under subsection
(b) shall include the following:
(1) A description of efforts by the Russian Federation to
evade or circumvent sanctions imposed by the United States,
European countries, or the international community through
direct or indirect engagement or direct or indirect
assistance from--
(A) the regimes in Cuba and Nicaragua and the regime of
Nicolas Maduro in Venezuela;
(B) the People`s Republic of China;
(C) the Islamic Republic of Iran; and
(D) any other country the Director considers appropriate.
(2) An assessment of the cumulative effect of the efforts
described in paragraph (1), including on the Russian
Federation`s strategic relationship with the regimes and
countries described in such paragraph.
(3) A description of the material effect of the sanctions
described in subsection (b), including the effect of those
sanctions on senior leadership, senior military officers,
state-sponsored actors, and other state-affiliated actors in
the Russian Federation that are either directly or
incidentally subject to those sanctions.
(4) A description of any developments by other countries in
creating alternative payment systems as a result of the
invasion of Ukraine.
(5) A description of efforts by the Russian Federation to
evade sanctions using digital assets and a description of any
related intelligence gaps.
(6) An assessment of how countries have assessed the risk
of holding reserves in United States dollars since the
February 24, 2022, invasion of Ukraine.
(7) An assessment of the impact of any general licenses
issued in relation to the sanctions described in subsection
(b), including the extent to which authorizations for
internet-based communications have enabled continued
monetization by Russian influence actors.
(d) Form of Assessments.--Each assessment submitted under
subsection (b) shall be submitted in unclassified form and
include a classified annex.
SEC. 711. ASSESSMENTS AND BRIEFINGS ON IMPLICATIONS OF FOOD
INSECURITY THAT MAY RESULT FROM THE RUSSIAN
FEDERATION`S INVASION OF UKRAINE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress``
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(b) Assessments.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter for 2
years, the Director of National Intelligence shall conduct a
comprehensive assessment of the implications of food
insecurity that may result from the Russian Federation`s
invasion of Ukraine.
(2) Elements.--Each assessment conducted under paragraph
(1) shall address the following:
(A) The projected timeline for indicators of any food
insecurity described in paragraph (1) to manifest.
(B) The potential for political instability and security
crises that may occur as a result of any such food
insecurity, disaggregated by region.
(C) Factors that could minimize the potential effects of
any such food insecurity on political instability and
security described in subparagraph (B), disaggregated by
region.
(D) Opportunities for the United States to prevent or
mitigate any such food insecurity.
(c) Briefings.--Not later than 30 days after the date on
which an assessment conducted under subsection (b)(1) is
completed, the Director of National Intelligence shall brief
the appropriate committees of Congress on the findings of the
assessment.
SEC. 712. PILOT PROGRAM FOR DIRECTOR OF FEDERAL BUREAU OF
INVESTIGATION TO UNDERTAKE AN EFFORT TO
IDENTIFY INTERNATIONAL MOBILE SUBSCRIBER
IDENTITY-CATCHERS AND DEVELOP COUNTERMEASURES.
Section 5725 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3024 note; Public Law 116-92) is
amended--
(1) in subsection (a), in the matter before paragraph (1)--
(A) by striking ``The Director of National Intelligence and
the Director of the Federal Bureau of Investigation`` and
inserting ``The Director of the Federal Bureau of
Investigation``;
(B) by inserting ``the Director of National Intelligence,``
before ``the Under Secretary``; and
(C) by striking ``Directors determine`` and inserting
``Director of the Federal Bureau of Investigation
determines``;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Pilot Program.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, in collaboration with the Director of National
Intelligence, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the heads of such other
Federal, State, or local agencies as the Director of the
Federal Bureau of Investigation determines appropriate, and
in accordance with applicable law and policy, shall conduct a
pilot program designed to implement subsection (a) with
respect to the National Capital Region.
``(2) Commencement; completion.--The Director of the
Federal Bureau of Investigation shall--
``(A) commence carrying out the pilot program required by
paragraph (1) not later than 180 days after the date of the
enactment of the American Security Drone Act of 2022; and
``(B) complete the pilot program not later than 2 years
after the date on which the Director commences carrying out
the pilot program under subparagraph (A).``; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in the matter before paragraph (1), by striking
``Prior`` and all that follows through ``Investigation`` and
inserting ``Not later than 180 days after the date on which
the Director of the Federal Bureau of Investigation
determines that the pilot program required by subsection
(b)(1) is operational, the Director and the Director of
National Intelligence``;
(B) in paragraph (1), by striking ``within the United
States``; and
(C) in paragraph (2), by striking ``by the`` and inserting
``deployed by the Federal Bureau of Investigation and other
elements of the``.
SEC. 713. DEPARTMENT OF STATE BUREAU OF INTELLIGENCE AND
RESEARCH ASSESSMENT OF ANOMALOUS HEALTH
INCIDENTS.
(a) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress``
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) Assessment Required.--Not later than 90 days after the
date of the enactment of this Act, the Assistant Secretary of
State for Intelligence and Research shall submit to the
appropriate committees of Congress an assessment of the
findings relating to the events that have been collectively
labeled as ``anomalous health incidents``.
(c) Contents.--The assessment submitted under subsection
(b) shall include the following:
(1) Any diplomatic reporting or other relevant information,
including sources and reliability of respective sources, on
the causation of anomalous health incidents.
(2) Any diplomatic reporting or other relevant information,
including sources and reliability of respective sources, on
any person or entity who may be responsible for such
incidents.
[[Page S6331]]
(3) Detailed plans, including metrics, timelines, and
measurable goals, for the Bureau of Intelligence and Research
to understand anomalous health incidents and share findings
with other elements of the intelligence community.
DIVISION G--DEPARTMENT OF STATE AUTHORIZATIONS
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2022``.
SEC. 5002. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator`` means the
Administrator of the United States Agency for International
Development.
(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 LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 5101. 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 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. 5102. 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), 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 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. 5103. 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. 5104. 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. 5105. 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 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. 5106. CULTURAL ANTIQUITIES TASK FORCE.
The Secretary is authorized to use up to $1,000,000 for
grants to carry out the activities of the Cultural
Antiquities Task Force.
SEC. 5107. BRIEFING ON ``CHINA HOUSE``.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall brief the appropriate
congressional committees regarding the organizational
structure, personnel, resources, and mission of the
Department of State`s ``China House`` team.
SEC. 5108. 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 5502(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
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.
TITLE LII--PERSONNEL ISSUES
SEC. 5201. 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.--An applicant is eligible to participate
in the Program if the applicant--
(1) is enrolled at least half-time 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; and
(2) is 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--
[[Page S6332]]
(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 of State 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; and
(4) information regarding the Department`s compliance with
subsection (g).
(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 competitive excepted service.
SEC. 5202. 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 anyone who violates Department policies
regarding harassment, discrimination, sexual assault, or
related retaliation occurring between covered individuals and
noncovered individuals.
(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 ``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
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.--
(1) Placement.--The Secretary shall ensure that the
Diplomatic Security Service`s Victims` Resource Advocacy
Program--
(A) is appropriately staffed by advocates who are
physically present at--
(i) the headquarters of the Department; and
(ii) major domestic and international facilities and
embassies, as determined by the Secretary;
(B) considers the logistics that are necessary to allow for
the expedient travel of victims from Department facilities
that do not have advocates; and
(C) 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. 5203. 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. 5204. 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. 5205. FOREIGN AFFAIRS TRAINING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) 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;
(2) the Department faces increasingly complex and rapidly
evolving challenges, many of which are science- and
technology-driven, and which demand continual, high-quality
training and professional development of its personnel;
(3) the new and evolving challenges of national security in
the 21st century necessitate the expansion of standardized
training and professional development opportunities linked to
equitable, accountable, and transparent promotion and
leadership practices for Department and other national
security agency personnel; and
(4) consistent with gift acceptance authority of the
Department and other applicable
[[Page S6333]]
laws in effect as of the date of the enactment of this Act,
the Department and the Foreign Service Institute may accept
funds and other resources from foundations, not-for-profit
corporations, and other appropriate sources to help the
Department and the Institute enhance the quantity and quality
of training and professional development offerings,
especially in the introduction of new, innovative, and pilot
model courses.
(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.--
In order to provide the Civil Service of the Department and
the Foreign Service with the level of professional
development and training needed to effectively advance United
States interests across the world, the Secretary shall--
(1) increase relevant offerings provided by the
Department--
(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 personnel by providing such
personnel--
(i) a more comprehensive outlook on different sectors of
United States society; and
(ii) practical experience dealing with commercial
corporations, universities, labor unions, and other
institutions critical to United States diplomatic success;
(2) offer 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, and reciprocally, officers of other Federal
departments to participate in similar exercises held by the
Department 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 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 and Civil Services more
career-enhancing.
(e) Board of Visitors of the Foreign Service Institute.--
(1) Establishment.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State shall
establish a Board of Visitors of the Foreign Service
Institute (referred to in this subsection as the ``Board``).
(2) Duties.--The Board 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) In general.--The Board shall be--
(i) nonpartisan; and
(ii) composed of 12 members, of whom--
(I) 2 members shall be appointed by the Chairperson of the
Committee on Foreign Relations of the Senate;
(II) 2 members shall be appointed by the ranking member of
the Committee on Foreign Relations of the Senate;
(III) 2 members shall be appointed by the Chairperson of
the Committee on Foreign Affairs of the House of
Representatives;
(IV) 2 members shall be appointed by the ranking member of
the Committee on Foreign Affairs of the House of
Representatives; and
(V) 4 members shall be appointed by the Secretary.
(B) 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.
(C) 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) Reappointment; replacement.--A member of the Board may
be reappointed or replaced at the discretion of the official
who made the original appointment.
(6) Chairperson; co-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.
(7) 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.
(8) 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.
(9) 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 shall be--
(A) an eminent authority in the field of diplomacy,
national security, education, management, leadership,
economics, history, trade, adult education, or technology;
and
(B) a person with 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;
(B) coordinate the development of an evaluation system to
ascertain how well participants in Foreign Service Institute
courses have absorbed and utilized the information, ideas,
and skills imparted by each such course, such that
performance assessments can be included in the personnel
records maintained by the Bureau of Global Talent Management
and utilized in Foreign Service Selection Boards, which may
include--
(i) the implementation of a letter or numerical grading
system; and
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(ii) assessments done after the course has concluded; and
(C) report not less frequently than quarterly to the Board
of Visitors regarding the development of curriculum and the
performance of Foreign Service officers.
(5) Term.--The Provost shall serve for a term of not fewer
than 5 years and may be reappointed for 1 additional 5-year
term.
(6) Compensation.--The Provost shall receive a salary
commensurate with the rank and experience of a member of the
Senior Foreign Service or 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 subsection (a)
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 of State 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.
(k) Department of State Workforce Management.--
(1) Sense of congress.--It is the sense of Congress that
informed, data-driven, and long-term workforce management,
including with respect to the Foreign Service, the Civil
Service, locally employed staff, and contractors, is needed
to align diplomatic priorities with the appropriate personnel
and resources.
(2) Annual workforce report.--
(A) In general.--In order to understand the Department`s
long-term trends with respect to its workforce, the
Secretary, is consultation with relevant bureaus and offices,
including the Bureau of Global Talent Management and the
Center for Analytics, shall submit a report to the
appropriate committees of Congress that details the
Department`s workforce, disaggregated by Foreign Service,
Civil Service, locally employed staff, and contractors,
including, with respect to the reporting period--
(i) for Federal personnel--
(I) the number of personnel who were hired;
(II) the number of personnel whose employment or contract
was terminated or who voluntarily left the Department;
(III) the number of personnel who were promoted, including
the grade to which they were promoted;
(IV) the demographic breakdown of personnel; and
(V) the distribution of the Department`s workforce based on
domestic and overseas assignments, including a breakdown of
the number of personnel in geographic and functional bureaus,
and the number of personnel in overseas missions by region;
and
(ii) for personal service contracts and other contracts
with individuals--
(I) the number of individuals under active contracts; and
(II) the distribution of these individual contractors,
including a breakdown of the number of personnel in
geographic and functional bureaus, and the number of
individual contractors supporting overseas missions,
disagreggated by region.
(B) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit the
report described in subparagraph (A) for each of the fiscal
years 2016 through 2022.
(C) Recurring report.--Not later than December 31, 2023,
and annually thereafter for the following 5 years, the
Secretary shall submit the report described in subparagraph
(A) for the most recently concluded fiscal year.
(D) Use of report data.--The data in each of the reports
required under this paragraph shall be used by Congress, in
coordination with the Secretary, to inform recommendations on
the appropriate size and composition of the Department.
(l) Sense of Congress on the Importance of Filling the
Position of Undersecretary for Public Diplomacy and Public
Affairs.--It is the sense of Congress that since a vacancy in
the position of Under Secretary 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.
(m) Report on Public Diplomacy.--Not later than 120 days
after the date of the enactment of this Act, the Secretary
shall submit a report to the appropriate committees of
Congress that includes--
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(1) an evaluation of the May 2019 merger of the Bureau of
Public Affairs and the Bureau of International Information
Programs into the Bureau of Global Public Affairs with
respect to--
(A) the efficacy of the current configuration of the
bureaus reporting to the Under Secretary 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;
(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 committees of
Congress; 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 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 Officer for Diversity and
Inclusion;
(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. 5206. 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. 5207. 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. 5208. 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.
(b) Removal of Diplomats.--Not later than 5 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. 5209. 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. 5210. 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;
(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.
SEC. 5211. 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,
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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 Secretary shall carry out the
surveys required under this section on an initial basis for 5
years.
SEC. 5212. 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. 5213. 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. 5214. 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 described in paragraph
(3)(B), 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
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 at any
time after the termination of that 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 for 3
years after the termination of that 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 at any time after the termination of that
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 paragraph (3)(B)
shall expire on the date that is 7 years after the date of
the enactment of this Act.``.
SEC. 5215. 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.``.
TITLE LIII--EMBASSY SECURITY AND CONSTRUCTION
SEC. 5301. 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,
[[Page S6337]]
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. 5302. 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 of State 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:
[[Page S6338]]
``(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 of 1986 (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.--
(1) In general.--Section 301 of the Diplomatic Security Act
of 1986 (22 U.S.C. 4831) is amended--
(A) in the section heading, by striking ``accountability
review boards`` and inserting ``security review committees``;
(B) in subsection (a)--
(i) 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.``;
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(D) 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.``;
(i) in paragraph (3), as redesignated by clause (ii)--
(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.``;
(2) 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
(3) 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 Foreign Affairs of the House of
Representatives; and
``(4) the Permanent Select Committee on Intelligence 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
[[Page S6339]]
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 Foreign Affairs of the House of
Representatives; and
``(D) the Permanent Select Committee on Intelligence 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.``.
SEC. 5303. ESTABLISHMENT OF UNITED STATES EMBASSIES IN
VANUATU, KIRIBATI, AND TONGA.
(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 (PRC) seeks to increase
its influence in the Pacific Islands region, including
through infrastructure development under the PRC`s One Belt,
One Road Initiative and its new security agreement with the
Solomon Islands.
(7) The United States Embassy in Papua New Guinea manages
the diplomatic affairs of the United States to the Republic
of Vanuatu, 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.
(8) The United States requires a physical diplomatic
presence in the Republic of Vanuatu, the Republic of
Kiribati, 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.
(9) 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.--The Secretary of State should establish
physical United States embassies in the Republic of Kiribati
and in the Kingdom of Tonga, and a physical presence in the
Republic of Vanuatu as soon as possible.
(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 for the establishment and maintenance of the 3
embassies authorized to be established under subsection (b);
and
(2) $3,000,000 is authorized to be appropriated for fiscal
year 2024 to maintain such embassies.
(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 of State
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 2 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 LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 5401. 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
[[Page S6340]]
(4) includes recommendations for addressing any disparities
identified in the online application process.
SEC. 5402. 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 5-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; and
(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.
(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; and
(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
under-
represented 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 agencywide policy
initiatives.
(d) Annual Report.--
(1) In general.--Not later than 1 year after the
publication of the report required under subsection (a), the
Secretary of State 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. 5403. 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 diversity 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 diversity in foreign affairs and foreign
assistance Federal careers;
(ii) prepare a diverse 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 diverse perspectives and a
wide range of 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 supporting public policies that
engender equitable and inclusive societies and focus on
challenges and inequalities in education, health, wealth,
justice, and other sectors faced by diverse communities;
(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 specialists 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. 5404. INSTITUTE FOR TRANSATLANTIC ENGAGEMENT.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary is authorized to
establish
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the Institute for Transatlantic Engagement (referred to in
this section as the ``Institute``).
(b) Purpose.--The purpose of the Institute shall be to
strengthen national security by highlighting, to a
geographically diverse set of populations from the United
States, Canada, and European nations, the importance of the
transatlantic relationship and the threats posed by
adversarial countries, such as the Russian Federation and the
People`s Republic of China, to democracy, free-market
economic principles, and human rights, with the aim that
lessons learned from the Institute will be shared across the
United States and Europe.
(c) Director.--The Institute shall be headed by a Director,
who shall have expertise in transatlantic relations and
diverse populations in the United States and Europe.
(d) Scope and Activities.--The Institute shall--
(1) strengthen knowledge of the formation and
implementation of transatlantic policies critical to national
security, including the threats posed by the Russian
Federation and the People`s Republic of China;
(2) increase awareness of the roles of government and
nongovernmental actors, such as multilateral organizations,
businesses, civil society actors, academia, think tanks, and
philanthropic institutions, in transatlantic policy
development and execution;
(3) increase understanding of the manner in which diverse
backgrounds and perspectives affect the development of
transatlantic policies;
(4) enhance the skills, abilities, and effectiveness of
government officials at national and international levels;
(5) increase awareness of the importance of, and interest
in, international public service careers;
(6) annually invite not fewer than 30 individuals to
participate in programs of the Institute;
(7) not less than 3 times annually, convene representatives
of the Government of the United States, the Government of
Canada, and of governments of European nations for a program
offered by the Institute that is not less than 2 days in
duration; and
(8) develop metrics to track the success and efficacy of
the program.
(e) Eligibility to Participate.--Participants in the
programs of the Institute shall include elected government
officials--
(1) serving at national, regional, or local levels in the
United States, Canada, and European nations; and
(2) who represent geographically diverse backgrounds or
constituencies in the United States, Canada, and Europe.
(f) Selection of Participants.--
(1) United states participants.--Participants from the
United States shall be appointed in an equally divided manner
by--
(A) the chairpersons and ranking members of the appropriate
congressional committees;
(B) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives; and
(C) the Majority Leader of the Senate and the Minority
Leader of the Senate.
(2) European and canadian participants.--Participants from
Europe and Canada shall be appointed by the Secretary, in
consultation with--
(A) the chairpersons and ranking members of the appropriate
congressional committees;
(B) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives; and
(C) the Majority Leader of the Senate and the Minority
Leader of the Senate.
(g) Restrictions.--
(1) Unpaid participation.--Participants in the Institute
may not be paid a salary for such participation.
(2) Reimbursement.--The Institute may pay or reimburse
participants for reasonable travel, lodging, and food in
connection with participation in the program.
(3) Travel.--No funds authorized to be appropriated under
subsection (h) may be used for travel for Members of Congress
to participate in Institute activities.
(h) Authorization of Appropriations.--There is authorized
to be appropriated up to $750,000 for fiscal year 2023 to
carry out this section.
SEC. 5405. RULE OF CONSTRUCTION.
Nothing in this division may be construed as altering
existing law regarding merit system principles.
TITLE LV--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 5501. 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) to not 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. 5502. 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
5501(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, 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
[[Page S6342]]
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 5501 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 regulatory 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 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 employees without regard to the provisions of
title 5, United States Code, regarding appointments in the
competitive service; and
``(B) fix the basic compensation of such employees without
regard to chapter 51 and subchapter III of chapter 53 of such
title regarding classification and General Schedule pay
rates.
``(6) Coordination.--In implementing the duties prescribed
under paragraph (2), the head of the Bureau shall coordinate
with the heads of such Federal agencies as 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 5501(a).
SEC. 5503. 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 5501(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 objectives specified in section 5501(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
[[Page S6343]]
(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 5501(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
5501(b); and
(9) a plan of action, developed in consultation with
relevant Federal departments and agencies as the President
may direct, to guide the diplomacy of the Department 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. 5504. 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
5501(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. 5505. 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. 5506. 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. 5507. 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. 5508. 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
[[Page S6344]]
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. 5509. 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 LVI--PUBLIC DIPLOMACY
SEC. 5601. UNITED STATES PARTICIPATION IN INTERNATIONAL FAIRS
AND EXPOSITIONS.
(a) In General.--Notwithstanding section 204 of the Admiral
James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C.
2452b), and subject to subsection (b), amounts available
under title I of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2022 (division K of
Public Law 117-103), or under prior such Acts, may be made
available to pay for expenses related to United States
participation in international fairs and expositions abroad,
including for construction and operation of pavilions or
other major exhibits.
(b) Limitation on Solicitation of Funds.--Senior employees
of the Department, in their official capacity, may not
solicit funds to pay expenses for a United States pavilion or
other major exhibit at any international exposition or
world`s fair registered by the Bureau of International
Expositions.
(c) Authorization of Appropriations.--There is authorized
to be appropriated up to $20,000,000 to the Department for
United States participation in international fairs and
expositions abroad, including for construction and operation
of pavilions or other major exhibits.
SEC. 5602. PRESS FREEDOM CURRICULUM.
The Secretary shall ensure that there is 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--
(1) the historic and current issues facing press freedom,
including countries of specific concern;
(2) the Department`s role in promoting press freedom as an
American value, a human rights issue, and a national security
imperative;
(3) ways to incorporate press freedom promotion into other
aspects of diplomacy; and
(4) 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.
SEC. 5603. GLOBAL ENGAGEMENT CENTER.
(a) In General.--Section 1287(j) of the National Defense
Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note)
is amended by striking ``the date that is 8 years after the
date of the enactment of this Act`` and inserting ``December
31, 2027``.
(b) Hiring Authority for Global Engagement Center.--
Notwithstanding any other provision of law, the Secretary,
during the 5-year period beginning on the date of the
enactment of this Act and solely to carry out the functions
of the Global Engagement Center described in section 1287(b)
of the National Defense Authorization Act for Fiscal Year
2017 (22 U.S.C. 2656 note), may--
(1) appoint employees without regard to appointment in the
competitive service; and
[[Page S6345]]
(2) fix the basic compensation of such employees regarding
classification and General Schedule pay rates.
SEC. 5604. UNDER SECRETARY FOR PUBLIC DIPLOMACY.
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.``.
TITLE LVII--OTHER MATTERS
SEC. 5701. 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 predeployment training that are available
to United States citizens through a junior professional
program at an international organization.
SEC. 5702. 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. 5703. 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. 5704. 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. 5705. 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 repealed.
SEC. 5706. INTERNATIONAL BROADCASTING ACTIVITIES.
Section 305(a) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended--
(1) by striking paragraph (20);
(2) by redesignating paragraphs (21), (22), and (23) as
paragraphs (20), (21), and (22), respectively; and
(3) in paragraph (20), as redesignated, by striking ``or
between grantees,``.
SEC. 5707. 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
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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. 5708. 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. 5709. 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. 5710. 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. 5711. OVERSEAS UNITED STATES STRATEGIC INFRASTRUCTURE
DEVELOPMENT PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the One Belt, One Road Initiative (referred to in this
section as ``OBOR``) exploits gaps in infrastructure in
developing countries to advance the People`s Republic of
China`s own foreign policy objectives;
(2) although OBOR may meet many countries` short-term
strategic infrastructure needs, OBOR--
(A) frequently places countries in debt to the PRC;
(B) contributes to widespread corruption;
(C) often fails to maintain the infrastructure that is
built; and
(D) rarely takes into account human rights, labor
standards, or the environment; and
(3) the need to challenge OBOR represents a major national
security concern for the United States, as the PRC`s efforts
to control markets and supply chains for strategic
infrastructure projects, including critical and strategic
minerals resource extraction, represent a grave national
security threat.
(b) Definitions.--In this section:
(1) OBOR.--The term ``OBOR`` means the One Belt, One Road
Initiative, a global infrastructure development strategy
initiated by the Government of the People`s Republic of China
in 2013.
(2) PRC.--The term ``PRC`` means the People`s Republic of
China.
(c) Assessment of Impact to United States National Security
of PRC Infrastructure Projects in the Developing World.--
(1) In general.--The Secretary, in coordination with the
Administrator, shall enter into a contract with an
independent research organization to prepare the report
described in paragraph (2).
(2) Report elements.--The report described in this
paragraph shall--
(A) describe the nature and cost of OBOR 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--
(i) the strategic benefits of such investments that are
derived by the PRC and the host nation; and
(ii) the negative impacts of such investments to the host
nation and to United States interests;
(B) 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;
(C) assess the national security threats posed by the
foreign infrastructure investment gap between 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 PRC and the United States among the
populations of host countries;
(D) 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 PRC
has focused these types of investments;
(E) identify challenges and opportunities for the United
States Government and
[[Page S6347]]
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;
(F) include a feasibility study and options 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; and
(G) identify at least 5 strategic infrastructure projects,
with one each in the Western Hemisphere, Africa, and Asia,
that are needed, but have not yet been initiated.
(3) Submission to congress.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall
submit a copy of the report prepared pursuant to this
subsection 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.
SEC. 5712. 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.
SEC. 5713. 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
and use the proceeds of such sales for administration and
related support of the reception areas consistent with
section 41(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2713(a)).
(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. 5714. CONSULAR AND BORDER SECURITY PROGRAMS VISA
SERVICES COST RECOVERY PROPOSAL.
Section 103(d) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1713) is amended by adding
at the end the following: ``The amount of the machine-
readable visa fee or surcharge under this subsection may also
account for the cost of other consular services that are not
otherwise subject to a fee or surcharge retained by the
Department of State.``.
SEC. 5715. 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.--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. 5716. 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. 5717. 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) Activities of the Taliban.--Section 7044(a)(4) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260)
is amended by striking ``the following purposes--`` and all
that follows through ``(B)``.
(c) 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.
(d) Progress Report on Jerusalem Embassy.--The Jerusalem
Embassy Act of 1995 (Public Law 104-45) is amended by
striking section 6.
(e) Burma`s Timber Trade.--The Tom Lantos Block Burmese
JADE (Junta`s Anti-Democratic Efforts) Act of 2008 (Public
Law 110-286; 50 U.S.C. 1701 note) is amended by striking
section 12.
(f) Monitoring of Assistance for Afghanistan.--Section 103
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7513) is amended by striking subsection (d).
(g) 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).
(h) 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. 5718. 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 5803(a)(4)(B) 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.
(d) Annuity Computation.--Notwithstanding any other
provision of law, for purposes of any annuity computation
under chapter 83 or 84 of title 5, United States Code, the
basic pay of a covered employee shall--
(1) be considered to be the rate of basic pay that would
have been paid to the covered employee 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; and
(2) include locality pay paid to the covered employee under
this section.
SEC. 5719. MODIFICATIONS TO SANCTIONS WITH RESPECT TO HUMAN
RIGHTS VIOLATIONS.
(a) Sense of Congress.--
(1) In general.--The Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.) is amended by
inserting after section 1262 the following:
``SEC. 1262A. SENSE OF CONGRESS.
``It is the sense of Congress that the President should
establish and regularize information sharing and sanctions-
related decision making with like-minded governments
possessing human rights and anti-corruption sanctions
programs similar in nature to those authorized under this
subtitle.``.
(2) Clerical amendment.--The table of contents in section
2(b) and in title XII of division A of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
are each amended by inserting after the items relating to
section 1262 the following:
``Sec. 1262A. Sense of Congress.
(b) Imposition of Sanctions.--
[[Page S6348]]
(1) In general.--Section 1263(a) of the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 10102) is amended
by striking paragraphs (2) through (4) and inserting the
following:
``(2) is a current or former government official, or a
person acting for or on behalf of such an official, who is
responsible for or complicit in, or has directly or
indirectly engaged in--
``(A) corruption, including--
``(i) the misappropriation of state assets;
``(ii) the expropriation of private assets for personal
gain;
``(iii) corruption related to government contracts or the
extraction of natural resources; or
``(iv) bribery; or
``(B) the transfer or facilitation of the transfer of the
proceeds of corruption;
``(3) is or has been a leader or official of--
``(A) an entity, including a government entity, that has
engaged in, or whose members have engaged in, any of the
activities described in paragraph (1) or (2) related to the
tenure of the leader or official; or
``(B) an entity whose property and interests in property
are blocked pursuant to this section as a result of
activities related to the tenure of the leader or official;
``(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of--
``(A) an activity described in paragraph (1) or (2) that is
conducted by a foreign person;
``(B) a person whose property and interests in property are
blocked pursuant to this section; or
``(C) an entity, including a government entity, that has
engaged in, or whose members have engaged in, an activity
described in paragraph (1) or (2) conducted by a foreign
person; or
``(5) is owned or controlled by, or has acted or been
purported to act for or on behalf of, directly or indirectly,
a person whose property and interests in property are blocked
pursuant to this section.``.
(2) Consideration of certain information.--Subsection
(c)(2) of such section is amended by inserting ``corruption
and`` after ``monitor``.
(3) Requests by congress.--Subsection (d)(2) of such
section is amended to read as follows:
``(2) Requirements.--A request under paragraph (1) with
respect to whether a foreign person has engaged in an
activity described in subsection (a) shall be submitted to
the President in writing jointly by the chairperson and
ranking member of one of the appropriate congressional
committees.``.
(c) Reports to Congress.--Section 1264(a) of the Global
Magnitsky Human Rights Accountability Act (22 U.S.C.
10103(a)) is amended--
(1) in paragraph (5), by striking ``; and`` and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) a description of additional steps taken by the
President through diplomacy, international engagement, and
assistance to foreign or security sectors to address
persistent underlying causes of conduct giving rise to the
imposition of sanctions under this section, as amended on or
after the date of the enactment of this paragraph, in each
country in which foreign persons with respect to which such
sanctions have been imposed are located; and
``(8) a description of additional steps taken by the
President to ensure the pursuit of judicial accountability in
appropriate jurisdictions with respect to foreign persons
subject to sanctions under this section.``.
SEC. 5720. 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 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 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, 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 LVIII--EXTENSION OF AUTHORITIES
SEC. 5801. CONSULTING SERVICES.
Any consulting services through procurement contracts shall
be limited to contracts in which such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive orders issued pursuant to existing law.
SEC. 5802. 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. 5803. EXTENSION OF EXISTING AUTHORITIES.
(a) Extension of Authorities.--
(1) 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,
2024``.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
``September 30, 2024``.
(3) 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``.
(4) Overseas pay comparability and limitation.--
(A) In general.--The authority provided by section 1113 of
the Supplemental Appropriations Act, 2009 (Public Law 111-32)
shall remain in effect through September 30, 2024.
(B) Limitation.--The authority described in subparagraph
(A) 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.
(5) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212)--
(A) shall remain in effect through September 30, 2024; and
(B) may be used to facilitate the assignment of persons for
oversight of programs in Somalia, South Sudan, Syria,
Venezuela, and Yemen.
(6) Accountability review boards.--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.
(7) 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.
(b) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect until September 30, 2024.
SEC. 5804. WAR RESERVES STOCKPILE AND MILITARY TRAINING
REPORT.
(a) Extension of War Reserves Stockpile Authority.--Section
12001(d) of the Department of Defense Appropriations Act,
2005 (Public Law 108-287; 118 Stat. 1011) is amended by
striking ``of this section`` and all that follows through the
period at the end and inserting ``of this section after
September 30, 2024.``.
(b) Annual Foreign Military Training Report.--
(1) In general.--For the purposes of implementing section
656 of the Foreign Assistance Act of 1961 (22 U.S.C. 2416),
the term ``military training provided to foreign military
personnel by the Department of Defense and the Department of
State`` shall be
[[Page S6349]]
deemed to include all military training provided by foreign
governments with funds appropriated to the Department of
Defense or the Department of State, except for training
provided by the government of a country designated under
section 517(b) of such Act (22 U.S.C. 2321k(b)) as a major
non-North Atlantic Treaty Organization ally. Such third-
country training shall be clearly identified in the report
submitted pursuant to such section 656.
(2) Distribution of report.--section 656(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2416(e)) is amended to read
as follows:
``(e) Defined Term.--In this section, the term `appropriate
congressional committees` means--
``(1) the Committee on Foreign Relations of the Senate;
``(2) the Committee on Appropriations of the Senate;
``(3) the Committee on Armed Services of the Senate;
``(4) the Committee on Foreign Affairs of the House of
Representatives;
``(5) the Committee on Appropriations of the House of
Representatives; and
``(6) the Committee on Armed Services of the House of
Representatives.``.
SEC. 5805. 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 in the 21st
century and the ways in which the Department and its
personnel 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,
including a review of the jurisdictional responsibilities of
all of the Department`s regional bureaus (the Bureau of
African Affairs, the Bureau of East Asian and Pacific
Affairs, the Bureau of European and Eurasian Affairs, the
Bureau of Near Eastern Affairs, the Bureau of South and
Central Asian Affairs, and the Bureau of Western Hemisphere
Affairs);
(B) personnel-related matters, including recruitment,
promotion, training, and retention of the Department`s
workforce in order to retain the best and brightest personnel
and 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 infrastructure (both domestic
and overseas), including infrastructure relating to
information technology, transportation, and security;
(D) the link among diplomacy and defense, intelligence,
development, commercial, health, law enforcement, and other
core United States interests;
(E) core legislation that authorizes United States
diplomacy, including the Foreign Service Act of 1980 (Public
Law 96-465);
(F) related regulations, rules, and processes that define
United States diplomatic efforts, including the Foreign
Affairs Manual; and
(G) treaties that impact United States overseas presence.
(d) Membership.--
(1) Composition.--The Commission shall be composed of 10
members, of whom--
(A) 2 members shall be appointed by the President;
(B) 1 member shall be appointed by the chairperson of the
Committee on Foreign Relations of the Senate;
(C) 1 member shall be appointed by the ranking member of
the Committee on Foreign Relations of the Senate;
(D) 1 member shall be appointed by the chairperson of the
Committee on Foreign Affairs of the House of Representatives;
(E) 1 member shall be appointed by the ranking member of
the Committee on Foreign Affairs of the House of
Representatives;
(F) 1 member shall be appointed by the majority leader of
the Senate, who shall serve as co-chair of the Commission;
(G) 1 member shall be appointed by the Speaker of the House
of Representatives;
(H) 1 member shall be appointed by the minority leader of
the Senate, who shall serve as co-chair of the Commission;
and
(I) 1 member shall be appointed by the minority leader of
the House of Representatives.
(2) Qualifications; meetings.--
(A) Membership.--The members of the Commission should be
prominent United States citizens, with national recognition
and significant depth of experience in international
relations and with the Department.
(B) Political party affiliation.--Not more than 4 members
of the Commission may be from the same political party.
(C) Meetings.--
(i) Initial meeting.--Not later than 45 days after the date
of the enactment of this Act, the Commission shall hold the
first meeting and begin operations as soon as practicable.
(ii) Frequency.--The Commission shall meet at the call of
the co-chairs.
(iii) Quorum.--Six members of the Commission shall
constitute a quorum for purposes of conducting business,
except that 2 members of the Commission shall constitute a
quorum for purposes of receiving testimony.
(D) Vacancies.--Any vacancy in the Commission shall not
affect the powers of the Commission, but shall be filled in
the same manner as the original appointment.
(e) Functions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission
voting and present.
(2) 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 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 the Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairs of the
Commission, take any action which the Commission is
authorized to take pursuant to this section.
(f) Powers of Commission.--
(1) Hearings and evidence.--The Commission or any panel or
member of the Commission, as delegated by the co-chairs, may,
for the purpose of carrying out this section--
(A) hold such hearings and meetings, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such designated subcommittee or designated
member considers necessary;
(B) require the attendance and testimony of such witnesses
and the production of such correspondence, memoranda, papers,
and documents, as the Commission or such designated
subcommittee or designated member considers necessary; and
(C) subject to applicable privacy laws and relevant
regulations, secure directly from the Department, USAID, the
United States International Development Finance Corporation,
the Millennium Challenge Corporation, the Peace Corps, Trade
Development Agency, and the United States Agency for Global
Media information and data necessary to enable it to carry
out its mission, which shall be provided not later than 30
days after the Commission provides a written request for such
information and data. .
(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.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure directly from
any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Government, information, suggestions, estimates, and
statistics for the purposes of this section.
(B) Handling.--Information may only be received, handled,
stored, and disseminated by members of the Commission and its
staff in accordance with all applicable statutes,
regulations, and Executive orders.
(4) Assistance from federal agencies.--
(A) Secretary of state.--The Secretary shall 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.
(B) Other departments and agencies.--Other Federal
departments and agencies may provide the Commission such
services, staff, and other support as such departments and
agencies consider advisable and authorized by law.
(5) Assistance from independent organizations.--
(A) In general.--In order to inform its work, the
Commission should review reports that were written during the
15-year period ending on the date of the enactment of this
Act by independent organizations and outside experts relating
to reform and modernization of the Department.
(B) Avoiding duplication.--In analyzing the reports
referred to in subparagraph (A), the Commission should pay
particular attention to any specific reform proposals that
have been recommended by 2 or more of such reports.
(6) Congressional consultation.--Not less frequently than
quarterly, the Commission shall provide a briefing 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 regarding the
work of the Commission.
(g) Staff and Compensation.--
(1) Staff.--
(A) Compensation.--The co-chairs of the Commission, in
accordance with rules established by the Commission, shall
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission
to carry out its duties, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person occupying a
position at level V of the Executive Schedule under section
5316 of such title.
[[Page S6350]]
(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 IV of the Executive Schedule under
section 5315 of such title.
(2) Commission members.--
(A) Compensation.--
(i) In general.--Except as provided in paragraph (2), each
member of the Commission may be compensated at a rate not to
exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code,
for each day during which that member is engaged in the
actual performance of the duties of the Commission under this
section.
(ii) 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.
(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.--
The appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously providing to
Commission members and staff appropriate security clearances
to the extent possible pursuant to existing procedures and
requirements, except that no person shall be provided access
to classified information under this section without the
appropriate security clearances.
(h) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall submit a
final report to the President and to Congress that--
(A) examines all substantive aspects of Department
personnel, management, and operations; and
(B) contains such findings, conclusions, and
recommendations for corrective measures as have been agreed
to by a majority of Commission members.
(2) Elements.--The report required under paragraph (1)
shall include findings, conclusions, and recommendations
related to--
(A) the organizational structure of the Department,
including recommendations on whether any of the
jurisdictional responsibilities among the bureaus referred to
in subsection (c)(2)(A) should be adjusted, with particular
focus on the opportunities and costs of adjusting
jurisdictional responsibility between the Bureau of Near
Eastern Affairs to the Bureau of African Affairs, the Bureau
of East Asian and Pacific Affairs, the Bureau of South and
Central Asian Affairs, and any other bureaus as may be
necessary to advance United States efforts to strengthen its
diplomatic engagement in the Indo-Pacific region;
(B) personnel-related matters, including recruitment,
promotion, training, and retention of the Department`s
workforce in order to retain the best and brightest personnel
and 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 infrastructure (both domestic
and overseas), including infrastructure relating to
information technology, transportation, and security;
(D) the link between diplomacy and defense, development,
commercial, health, law enforcement, and other core United
States interests;
(E) core legislation that authorizes United States
diplomacy;
(F) related regulations, rules, and processes that define
United States diplomatic efforts, including the Foreign
Affairs Manual;
(G) treaties that impact United States overseas presence;
(H) any other areas that the Commission considers necessary
for a complete appraisal of United States diplomacy and
Department management and operations; and
(I) the amount of time, manpower, and financial resources
that would be necessary to implement the recommendations
specified under this paragraph.
(3) 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--
(A) before the Commission submits its report to the
President and to Congress; and
(B) not later than 90 days after receiving such
recommendations from the Commission.
(i) 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 (h).
(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 committees of Congress concerning its
reports and disseminating the report.
(j) Authorization of Appropriations.--There is authorized
to be appropriated up to $2,000,000 for fiscal year 2023 to
carry out this section.
DIVISION H--MATTERS RELATED TO TAIWAN
SEC. 10001. SHORT TITLE.
This division may be cited as ``American Security Drone Act
of 2022``.
TITLE I--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
SEC. 10101. MODERNIZING TAIWAN`S SECURITY CAPABILITIES TO
DETER AND, IF NECESSARY, DEFEAT AGGRESSION BY
THE PEOPLE`S REPUBLIC OF CHINA.
(a) Taiwan Security Programs.--The Secretary of State, in
consultation with the Secretary of Defense, shall use the
authorities under this section to strengthen the United
States-Taiwan defense relationship, and to support the
acceleration of the modernization of Taiwan`s defense
capabilities, consistent with the Taiwan Relations Act
(Public Law 96-8).
(b) Purpose.--In addition to the purposes otherwise
authorized for Foreign Military Financing programs under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), a purpose
of the Foreign Military Financing Program should be to
provide assistance, including equipment, training, and other
support, to build the civilian and defensive military
capabilities of Taiwan--
(1) to accelerate the modernization of self-defense
capabilities that will enable Taiwan to delay, degrade, and
deny attempts by People`s Liberation Army forces--
(A) to conduct coercive or grey zone activities;
(B) to blockade Taiwan; or
(C) to secure a lodgment on any islands administered by
Taiwan and expand or otherwise use such lodgment to seize
control of a population center or other key territory in
Taiwan; and
(2) to prevent the People`s Republic of China from
decapitating, seizing control of, or otherwise neutralizing
or rendering ineffective Taiwan`s civilian and defense
leadership.
(c) Regional Contingency Stockpile.--Of the amounts
authorized to be appropriated pursuant to subsection (g), not
more than $100,000,000 may be used during each of the fiscal
years 2023 through 2032 to maintain a stockpile (if
established under section 10002), in accordance with section
514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h),
as amended by section 10002.
(d) Availability of Funds.--
(1) Annual spending plan.--Not later than March 1, 2023,
and annually thereafter, the Secretary of State, in
coordination with the Secretary of Defense, shall submit a
plan to the appropriate committees of Congress describing how
amounts authorized to be appropriated pursuant to subsection
(g), if made available, would be used to achieve the purpose
described in subsection (b).
(2) Certification.--
(A) In general.--Amounts authorized to be appropriated for
each fiscal year pursuant to subsection (g) are authorized to
be made available after the Secretary of State, in
coordination with the Secretary of Defense, certifies not
less than annually to the appropriate committees of Congress
that Taiwan has increased its defense spending relative to
Taiwan`s defense spending in its prior fiscal year, which may
include support for an asymmetric strategy, excepting
accounts in Taiwan`s defense budget related to personnel
expenditures, (other than military training and education and
any funding related to the All-Out Defense Mobilization
Agency).
(B) Waiver.--The Secretary of State may waive the
certification requirement under subparagraph (A) if the
Secretary, in consultation with the Secretary of Defense,
certifies to the Committee on Foreign Relations of the
Senate, the Committee on Armed Services of the Senate, the
Committee on Appropriations 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 Committee on Appropriations of the House of
Representatives that for any given year--
(i) Taiwan is unable to increase its defense spending
relative to its defense spending in its prior fiscal year due
to severe hardship; and
(ii) making available the amounts authorized under
subparagraph (A) is in the national interests of the United
States.
(3) Remaining funds.--Amounts authorized to be appropriated
for a fiscal year pursuant to subsection (g) that are not
obligated and expended during such fiscal year shall be added
to the amount that may be used for Foreign Military Financing
to Taiwan in the subsequent fiscal year.
(e) Annual Report on Advancing the Defense of Taiwan.--
(1) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees``
means--
(A) the Committee on Foreign Relations of the Senate;
[[Page S6351]]
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Armed Services of the House of
Representatives.
(2) Initial report.--Concurrently with the first
certification required under subsection (d)(2), the Secretary
of State and the Secretary of Defense shall jointly submit a
report to the appropriate congressional committees that
describes steps taken to enhance the United States-Taiwan
defense relationship and Taiwan`s modernization of its
defense capabilities.
(3) Matters to be included.--Each report required under
paragraph (2) shall include--
(A) an assessment of the commitment of Taiwan to implement
a military strategy that will deter and, if necessary, defeat
military aggression by the People`s Republic of China,
including the steps that Taiwan has taken and the steps that
Taiwan has not taken towards such implementation;
(B) an assessment of the efforts of Taiwan to acquire and
employ within its forces counterintervention capabilities,
including--
(i) long-range precision fires;
(ii) integrated air and missile defense systems;
(iii) anti-ship cruise missiles;
(iv) land-attack cruise missiles;
(v) coastal defense;
(vi) anti-armor;
(vii) undersea warfare;
(viii) survivable swarming maritime assets;
(ix) manned and unmanned aerial systems;
(x) mining and countermining capabilities;
(xi) intelligence, surveillance, and reconnaissance
capabilities;
(xii) command and control systems; and
(xiii) any other defense capabilities that the United
States and Taiwan jointly determine are crucial to the
defense of Taiwan;
(C) an evaluation of the balance between conventional and
counter intervention capabilities in the defense force of
Taiwan as of the date on which the report is submitted;
(D) an assessment of steps taken by Taiwan to enhance the
overall readiness of its defense forces, including--
(i) the extent to which Taiwan is requiring and providing
regular and relevant training to such forces;
(ii) the extent to which such training is realistic to the
security environment that Taiwan faces; and
(iii) the sufficiency of the financial and budgetary
resources Taiwan is putting toward readiness of such forces;
(E) an assessment of steps taken by Taiwan to ensure that
the Taiwan Reserve Command can recruit, train, and equip its
forces;
(F) an evaluation of--
(i) the severity of manpower shortages in the military of
Taiwan, including in the reserve forces;
(ii) the impact of such shortages in the event of a
conflict scenario; and
(iii) the efforts made by Taiwan to address such shortages;
(G) an assessment of the efforts made by Taiwan to boost
its civilian defenses, including any informational campaigns
to raise awareness among the population of Taiwan of the
risks Taiwan faces;
(H) an assessment of the efforts made by Taiwan to secure
its critical infrastructure, including in transportation,
telecommunications networks, and energy;
(I) an assessment of the efforts made by Taiwan to enhance
its cybersecurity, including the security of civilian
government and military networks;
(J) an assessment of any significant gaps in any of the
matters described in subparagraphs (A) through (I) with
respect to which the United States assesses that additional
action is needed;
(K) a description of cooperative efforts between the United
States and Taiwan on the matters described in subparagraphs
(A) through (J); and
(L) a description of any resistance in Taiwan to--
(i) implementing the matters described in subparagraphs (A)
through (I); or
(ii) United States` support or engagement with regard to
such matters.
(4) Subsequent reports.--Concurrently with subsequent
certifications required under subsection (d)(2), the
Secretary of State and the Secretary of Defense shall jointly
submit updates to the initial report required under paragraph
(2) that provides a description of changes and developments
that occurred in the prior year.
(5) Form.--The reports required under paragraphs (2) and
(4) shall be submitted in classified form, but shall include
a detailed unclassified summary.
(6) Sharing of summary.--The Secretary of State and the
Secretary of Defense shall jointly share the unclassified
summary required under paragraph (5) with Taiwan, as
appropriate.
(f) Foreign Military Financing Loan and Loan Guarantee
Authority.--
(1) Direct loans.--
(A) In general.--Notwithstanding section 23(c)(1) of the
Arms Export Control Act (22 U.S.C. 2763), during fiscal years
2023 through 2027, the Secretary of State is authorized to
make direct loans available for Taiwan pursuant to section 23
of such Act.
(B) Maximum obligations.--Gross obligations for the
principal amounts of loans authorized under subparagraph (A)
may not exceed $2,000,000,000.
(C) Source of funds.--
(i) Defined term.--In this subparagraph, the term
``cost``--
(I) has the meaning given such term in section 502(5) of
the Congressional Budget Act of 1974 (2 U.S.C. 661a(5));
(II) shall include the cost of modifying a loan authorized
under subparagraph (A); and
(III) may include the costs of selling, reducing, or
cancelling any amounts owed to the United States or to any
agency of the United States.
(ii) In general.--Amounts authorized to be appropriated
pursuant to subsection (g) may be made available to pay for
the cost of loans authorized under subparagraph (A).
(D) Fees authorized.--
(i) In general.--The Government of the United States may
charge fees for loans made pursuant to subparagraph (A),
which shall be collected from borrowers through a financing
account (as defined in section 502(7) of the Congressional
Budget Act of 1974 (2 U.S.C. 661a(7)).
(ii) Limitation on fee payments.--Amounts made available
under any appropriations Act for any fiscal year may not be
used to pay any fees associated with a loan authorized under
subparagraph (A).
(E) Repayment.--Loans made pursuant to subparagraph (A)
shall be repaid not later than 12 years after the loan is
received by the borrower, including a grace period of not
more than 1 year on repayment of principal.
(F) Interest.--
(i) In general.--Notwithstanding section 23(c)(1) of the
Arms Export Control Act (22 U.S.C. 2763(c)(1)), interest for
loans made pursuant to subparagraph (A) may be charged at a
rate determined by the Secretary of State, except that such
rate may not be less than the prevailing interest rate on
marketable Treasury securities of similar maturity.
(ii) Treatment of loan amounts used to pay interest.--
Amounts made available under this paragraph for interest
costs shall not be considered assistance for the purposes of
any statutory limitation on assistance to a country.
(2) Loan guarantees.--
(A) In general.--Amounts authorized to be appropriated
pursuant to subsection (g) may be made available for the
costs of loan guarantees for Taiwan under section 24 of the
Arms Export Control Act (22 U.S.C. 2764) for Taiwan to
subsidize gross obligations for the principal amount of
commercial loans and total loan principal, any part of which
may be guaranteed, not to exceed $2,000,000,000.
(B) Maximum amounts.--A loan guarantee authorized under
subparagraph (A)--
(i) may not guarantee a loan that exceeds $2,000,000,000;
and
(ii) may not exceed 80 percent of the loan principal with
respect to any single borrower.
(C) Subordination.--Any loan guaranteed pursuant to
subparagraph (A) may not be subordinated to--
(i) another debt contracted by the borrower; or
(ii) any other claims against the borrower in the case of
default.
(D) Repayment.--Repayment in United States dollars of any
loan guaranteed under this paragraph shall be required not
later than 12 years after the loan agreement is signed.
(E) Fees.--Notwithstanding section 24 of the Arms Export
Control Act (22 U.S.C. 2764), the Government of the United
States may charge fees for loan guarantees authorized under
subparagraph (A), which shall be collected from borrowers, or
from third parties on behalf of such borrowers, through a
financing account (as defined in section 502(7) of the
Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).
(F) Treatments of loan guarantees.--Amounts made available
under this paragraph for the costs of loan guarantees
authorized under subparagraph (A) shall not be considered
assistance for the purposes of any statutory limitation on
assistance to a country.
(3) Notification requirement.--Amounts authorized to be
appropriated to carry out this subsection may not be expended
without prior notification of the appropriate committees of
Congress.
(g) Authorization of Appropriations.--
(1) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for Foreign
Military Financing, there is authorized to be appropriated to
the Department of State for Taiwan Foreign Military Finance
grant assistance up to $2,000,000,000 for each of the fiscal
years 2023 through 2027.
(2) Training and education.--Of the amounts authorized to
be appropriated under paragraph (1), the Secretary of State
should use not less than $2,000,000 per fiscal year for one
or more blanket order Foreign Military Financing training
programs related to the defense needs of Taiwan.
(3) Direct commercial contracting.--Of the amounts
authorized to be appropriated under paragraph (1), the
Secretary of State may utilize such funds for the procurement
of defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act (22 U.S.C. 2751
et seq.).
(4) Offshore procurement.--Of the amounts authorized to be
appropriated for Foreign Military Financing and made
available for Taiwan, not more than 15 percent made available
for each fiscal year may be available for the procurement by
Taiwan in
[[Page S6352]]
Taiwan of defense articles and defense services, including
research and development, as agreed by the United States and
Taiwan.
(h) Sunset Provision.--Assistance may not be provided under
this section after September 30, 2032.
SEC. 10102. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE
ADDITIONS AND SUPPORT FOR TAIWAN.
(a) In General.--Section 514(b)(2)(A) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended
by striking ``$200,000,000`` and all that follows and
inserting ``$500,000,000 for any of the fiscal years 2023,
2024, or 2025.``.
(b) Establishment.--Subject to section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may
establish a regional contingency stockpile for Taiwan that
consists of munitions and other appropriate defense articles.
(c) Inclusion of Taiwan Among Other Allies Eligible for
Defense Articles.--Chapter 2 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2311 et seq.) is amended--
(1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by
inserting ``Taiwan,`` after ``Thailand,``; and
(2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by
inserting ``to Taiwan,`` after ``major non-NATO allies on
such southern and southeastern flank,``.
(d) Annual Briefing.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter for 7
years, the President shall provide a briefing to the
appropriate committees of Congress regarding the status of a
regional contingency stockpile established under subsection
(b).
SEC. 10103. INTERNATIONAL MILITARY EDUCATION AND TRAINING
COOPERATION WITH TAIWAN.
The Secretary of State is authorized to provide training
and education to relevant entities in Taiwan through the
International Military Education and Training program (22
U.S.C. 2347 et seq).
SEC. 10104. ADDITIONAL AUTHORITIES TO SUPPORT TAIWAN.
(a) Drawdown Authority.--Section 506(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a)) is amended ,
insert the following paragraph:
``(3) In addition to amounts already specified in this
section, the President may direct the drawdown of defense
articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training, of an aggregate value of not to
exceed $1,000,000,000 per fiscal year, to be provided to
Taiwan.``.
(b) Emergency Authority.--In section 552(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2348a(c)), insert at the
end the following: ``In addition to the aggregate value of
$25,000,000 authorized in paragraph (2) of the preceding
sentence, the President may direct the drawdown of
commodities and services from the inventory and resources of
any agency of the United States Government for the purposes
of providing necessary and immediate assistance to Taiwan of
a value not to exceed $25,000,000 in any fiscal year.``.
SEC. 10105. MULTI-YEAR PLAN TO FULFILL DEFENSIVE REQUIREMENTS
OF MILITARY FORCES OF TAIWAN AND MODIFICATION
OF ANNUAL REPORT ON TAIWAN MILITARY
CAPABILITIES AND INTELLIGENCE SUPPORT.
(a) Multi-year Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
and the Secretary of State shall engage for the purposes of
establishing a joint consultative mechanism with appropriate
officials of Taiwan to develop and implement a multi-year
plan to provide for the acquisition of appropriate defensive
capabilities by Taiwan and to engage with Taiwan in a series
of combined training, exercises, and planning activities
consistent with the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.).
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) An identification of the defensive military capability
gaps and capacity shortfalls of Taiwan that are required to--
(A) allow Taiwan to respond effectively to aggression by
the People`s Liberation Army or other actors from the
People`s Republic of China; and
(B) advance a strategy of denial, reduce the threat of
conflict, thwart an invasion, and mitigate other risks to the
United States and Taiwan.
(2) An assessment of the relative priority assigned by
appropriate departments and agencies of Taiwan to include its
military to address such capability gaps and capacity
shortfalls.
(3) An explanation of the annual resources committed by
Taiwan to address such capability gaps and capacity
shortfalls.
(4) A description and justification of the relative
importance of overcoming each identified capability gap and
capacity shortfall for deterring, delaying, or defeating
military aggression by the People`s Republic of China;
(5) An assessment of--
(A) the capability gaps and capacity shortfalls that could
be addressed in a sufficient and timely manner by Taiwan; and
(B) the capability gaps and capacity shortfalls that are
unlikely to be addressed in a sufficient and timely manner
solely by Taiwan.
(6) An assessment of the capability gaps and capacity
shortfalls described in paragraph (5)(B) that could be
addressed in a sufficient and timely manner by--
(A) the Foreign Military Financing, Foreign Military Sales,
and Direct Commercial Sales programs of the Department of
State;
(B) Department of Defense security assistance authorized by
chapter 16 of title 10, United States Code;
(C) Department of State training and education programs
authorized by chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.);
(D) section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318);
(E) the provision of excess defense articles pursuant to
the requirements of the Arms Export Control Act (22 U.S.C.
2751 et seq.); or
(F) any other authority available to the Secretary of
Defense or the Secretary of State.
(7) A description of United States or Taiwan engagement
with other countries that could assist in addressing in a
sufficient and timely manner the capability gaps and capacity
shortfalls identified pursuant to paragraph (1).
(8) An identification of opportunities to build
interoperability, combined readiness, joint planning
capability, and shared situational awareness between the
United States, Taiwan, and other foreign partners and allies,
as appropriate, through combined training, exercises, and
planning events, including--
(A) table-top exercises and wargames that allow operational
commands to improve joint and combined planning for
contingencies involving a well-equipped adversary in a
counter-intervention campaign;
(B) joint and combined exercises that test the feasibility
of counter-intervention strategies, develop interoperability
across services, and develop the lethality and survivability
of combined forces against a well-equipped adversary;
(C) logistics exercises that test the feasibility of
expeditionary logistics in an extended campaign with a well-
equipped adversary;
(D) service-to-service exercise programs that build
functional mission skills for addressing challenges posed by
a well-equipped adversary in a counter-intervention campaign;
and
(E) any other combined training, exercises, or planning
with Taiwan`s military forces that the Secretary of Defense
and Secretary of State consider relevant.
(9) An identification of options for the United States to
use, to the maximum extent practicable, existing authorities
or programs to expedite military assistance to Taiwan in the
event of a crisis or conflict, including--
(A) a list of defense articles of the United States that
may be transferred to Taiwan during a crisis or conflict;
(B) a list of authorities that may be used to provide
expedited military assistance to Taiwan during a crisis or
conflict;
(C) an assessment of methods that could be used to deliver
such assistance to Taiwan during a crisis or conflict,
including--
(i) the feasibility of employing such methods in different
scenarios; and
(ii) recommendations for improving the ability of the Armed
Forces to deliver such assistance to Taiwan; and
(D) an assessment of any challenges in providing such
assistance to Taiwan in the event of a crisis or conflict and
recommendations for addressing such challenges.
(c) Recurrence.--The joint consultative mechanism required
in subsection (a) shall convene on a recurring basis and not
less than annually.
SEC. 10106. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN
MILITARY SALES PROGRAM.
(a) Preclearance of Certain Foreign Military Sales Items.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Secretary of
Defense, and in conjunction with coordinating entities such
as the National Disclosure Policy Committee, the Arms
Transfer and Technology Release Senior Steering Group, and
other appropriate entities, shall compile a list of available
and emerging military platforms, technologies, and equipment
that are pre-cleared and prioritized for sale and release to
Taiwan through the Foreign Military Sales program.
(2) Selection of items.--
(A) Rule of construction.--The list compiled pursuant to
paragraph (1) shall not be construed as limiting the type,
timing, or quantity of items that may be requested by, or
sold to, Taiwan under the Foreign Military Sales program.
(B) Rule of construction.--Nothing in this Act shall be
construed to supersede congressional notification
requirements as required by the Arms Export Control Act (22
U.S.C. 2751 et. seq.).
(b) Prioritized Processing of Foreign Military Sales
Requests From Taiwan.--
(1) Requirement.--The Secretary of State and the Secretary
of Defense shall prioritize and expedite the processing of
requests from Taiwan under the Foreign Military Sales
program, and may not delay the processing of requests for
bundling purposes.
(2) Duration.--The requirement under paragraph (1) shall
continue until the Secretary of State determines and
certifies to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that the threat to Taiwan has significantly
abated.
(c) Interagency Policy.--The Secretary of State and the
Secretary of Defense shall
[[Page S6353]]
jointly review and update interagency policies and
implementation guidance related to Foreign Military Sales
requests from Taiwan, including incorporating the
preclearance provisions of this section.
SEC. 10107. EXPEDITING DELIVERY OF ARMS EXPORTS TO TAIWAN AND
UNITED STATES ALLIES IN THE INDO-PACIFIC.
(a) Report Required.--Not later than March 1, 2023, and
annually thereafter for a period of 5 years, the Secretary of
State, in coordination with the Secretary of Defense, shall
transmit to the appropriate committees of Congress a report
with respect to the transfer of all defense articles or
defense services that have yet to be completed pursuant to
the authorities provided by--
(1) section 3, 21, or 36 of the Arms Export Control Act (22
U.S.C. 2753, 2761, or 2776); or
(2) section 516(c)(2) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j(c)(2)).
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A list of all approved transfers of defense articles
and services authorized by Congress pursuant to sections 25
and 36 of the Arms Export Control Act (22 U.S.C. 2765, 2776)
with a total value of $25,000,000 or more, to Taiwan, Japan,
South Korea, Australia, the Philippines, Thailand, or New
Zealand, that have not been fully delivered by the start of
the fiscal year in which the report is being submitted.
(2) The estimated start and end dates of delivery for each
approved and incomplete transfer listed pursuant to paragraph
(1), including additional details and dates for any transfers
that involve multiple tranches of deliveries.
(3) With respect to each approved and incomplete transfer
listed pursuant to paragraph (1), a detailed description of--
(A) any changes in the delivery dates of defense articles
or services relative to the dates anticipated at the time of
congressional approval of the transfer, including specific
reasons for any delays related to the United States
Government, defense suppliers, or a foreign partner;
(B) the feasibility and advisability of providing the
partner subject to such delayed delivery with an interim
capability or solution, including drawing from United States
stocks, and the mechanisms under consideration for doing so
as well as any challenges to implementing such a capability
or solution;
(C) authorities, appropriations, or waiver requests that
Congress could provide to improve delivery timelines or
authorize the provision of interim capabilities or solutions
identified pursuant to subparagraph (B); and
(D) a description of which countries are ahead of Taiwan
for delivery of each item listed pursuant to paragraph (1).
(4) A description of ongoing interagency efforts to support
attainment of operational capability of the corresponding
defense articles and services once delivered, including
advance training with United States or armed forces of
partner countries on the systems to be received. The
description of any such training shall also include an
identification of the training implementer.
(5) If a transfer listed pursuant to paragraph (1) has been
terminated prior to the date of the submission of the report
for any reason--
(A) the case information for such transfer, including the
date of congressional notification, delivery date of the
Letter of Offer and Acceptance (LOA), final signature of the
LOA, and information pertaining to delays in delivering LOAs
for signature;
(B) a description of the reasons for which the transfer is
no longer in effect; and
(C) the impact this termination will have on the intended
end-user and the consequent implications for regional
security, including the impact on deterrence of military
action by countries hostile to the United States, the
military balance in the Taiwan Strait, and other factors.
(6) A separate description of the actions the United States
is taking to expedite and prioritize deliveries of defense
articles and services to Taiwan, including--
(A) a description of what actions the Department of State
and the Department of Defense have taken or are planning to
take to prioritize Taiwan`s Foreign Military Sales cases;
(B) current procedures or mechanisms for determining that a
Foreign Military Sales case for Taiwan should be prioritized
above a sale to another country of the same or similar item;
and
(C) whether the United States intends to divert defense
articles from United States stocks to provide an interim
capability or solution with respect to any delayed deliveries
to Taiwan and the plan, if applicable, to replenish any such
diverted stocks.
(7) A description of other potential actions already
undertaken by or currently under consideration by the
Department of State and the Department of Defense to improve
delivery timelines for the transfers listed pursuant to
paragraph (1).
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress``
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(d) Form.--The report required under subsection (b) shall
be submitted in unclassified form but may include a
classified annex.
SEC. 10108. ASSESSMENT OF TAIWAN`S NEEDS FOR CIVILIAN DEFENSE
AND RESILIENCE.
(a) Assessment Required.--Not later than 120 days after the
date of enactment of this Act, the Secretary of State and the
Secretary of Defense, in coordination with the Director of
National Intelligence, shall submit a written assessment,
with a classified annex, of Taiwan`s needs in the areas of
civilian defense and resilience to the appropriate committees
of Congress, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives.
(b) Matters to Be Included.--The assessment required under
subsection (a) shall--
(1) analyze the potential role of Taiwan`s public and
civilian assets in defending against various scenarios for
foreign militaries to coerce or conduct military aggression
against Taiwan;
(2) carefully analyze Taiwan`s needs for enhancing its
defensive capabilities through the support of civilians and
civilian sectors, including--
(A) greater utilization of Taiwan`s high tech labor force;
(B) the creation of clear structures and logistics support
for civilian defense role allocation;
(C) recruitment and skills training for Taiwan`s defense
and civilian sectors; and
(D) other defense needs and considerations at the
provincial, city, and neighborhood levels;
(3) analyze Taiwan`s needs for enhancing resiliency among
its people and in key economic sectors;
(4) identify opportunities for Taiwan to enhance
communications at all levels to strengthen trust and
understanding between the military, other government
departments, civilian agencies and the general public,
including--
(A) communications infrastructure necessary to ensure
reliable communications in response to a conflict or crisis;
and
(B) a plan to effectively communicate to the general public
in response to a conflict or crisis; and
(5) identify the areas and means through which the United
States could provide training, exercises, and assistance at
all levels to support the needs discovered through the
assessment and fill any critical gaps where capacity falls
short of such needs.
(c) Sharing of Report.--The assessment required by
subsection (a) shall be shared with appropriate officials
Taiwan to facilitate cooperation.
SEC. 10109. ANNUAL REPORT ON TAIWAN DEFENSIVE MILITARY
CAPABILITIES AND INTELLIGENCE SUPPORT.
Section 1248 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1988) is
amended to read as follows:
``SEC. 1248. ANNUAL REPORT ON TAIWAN CAPABILITIES AND
INTELLIGENCE SUPPORT.
``(a) In General.--The Secretary of State and the Secretary
of Defense, in coordination with the heads of other relevant
Federal departments and agencies, shall jointly each year
through fiscal year 2027, consistent with the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), perform
an annual assessment of security matters related to Taiwan,
including intelligence matters, Taiwan`s defensive military
capabilities, and how defensive shortcomings or
vulnerabilities of Taiwan could be mitigated through
cooperation, modernization, or integration. At a minimum, the
assessment shall include the following:
``(1) An intelligence assessment regarding--
``(A) conventional military and nuclear threats to Taiwan
from China, including exercises, patrols, and presence
intended to intimidate or coerce Taiwan; and
``(B) irregular warfare activities, including influence
operations, conducted by China to interfere in or undermine
the peace and stability of the Taiwan Strait.
``(2) The current military capabilities of Taiwan and the
ability of Taiwan to defend itself from external conventional
and irregular military threats across a range of scenarios.
``(3) The interoperability of current and future defensive
capabilities of Taiwan with the military capabilities of the
United States and its allies and partners.
``(4) The plans, tactics, techniques, and procedures
underpinning an effective defense strategy for Taiwan,
including how addressing identified capability gaps and
capacity shortfalls will improve the effectiveness of such
strategy.
``(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be
required to meet any shortcomings in the development of
Taiwan`s military capabilities identified pursuant to this
section.
``(6) With respect to materiel capabilities and capacities
the Secretary of Defense and Secretary of State jointly
assess to be most effective in deterring, defeating, or
delaying military aggression by the People`s Republic of
China, a prioritized list of capability gaps and capacity
shortfalls of the military forces of Taiwan, including--
``(A) an identification of--
``(i) any United States, Taiwan, or ally or partner country
defense production timeline challenge related to potential
materiel and solutions to such capability gaps;
[[Page S6354]]
``(ii) the associated investment costs of enabling expanded
production for items currently at maximum production;
``(iii) the associated investment costs of, or mitigation
strategies for, enabling export for items currently not
exportable; and
``(iv) existing stocks of such capabilities in the United
States and ally and partner countries;
``(B) the feasibility and advisability of procuring
solutions to such gaps and shortfalls through United States
allies and partners, including through co-development or co-
production;
``(C) the feasibility and advisability of assisting Taiwan
in the domestic production of solutions to capability gaps,
including through--
``(i) the transfer of intellectual property; and
``(ii) co-development or co-production arrangements;
``(D) the estimated costs, expressed in a range of options,
of procuring sufficient capabilities and capacities to
address such gaps and shortfalls;
``(E) an assessment of the relative priority assigned by
appropriate officials of Taiwan to each such gap and
shortfall; and
``(F) a detailed explanation of the extent to which Taiwan
is prioritizing the development, production, or fielding of
solutions to such gaps and shortfalls within its overall
defense budget.
``(7) The applicability of Department of State and
Department of Defense authorities for improving the defensive
military capabilities of Taiwan in a manner consistent with
the Taiwan Relations Act.
``(8) A description of any security assistance provided or
Foreign Military Sales and Direct Commercial Sales activity
with Taiwan over the past year.
``(9) A description of each engagement between the United
States and Taiwan personnel related to planning over the past
year.
``(10) With respect to each to training and exercises --
``(A) a description of each such instance over the past
year;
``(B) a description of how each such instance--
``(i) sought to achieve greater interoperability, improved
readiness, joint planning capability, and shared situational
awareness between the United States and Taiwan, or among the
United States, Taiwan, and other countries;
``(ii) familiarized the militaries of the United States and
Taiwan with each other; and
``(iii) improved Taiwan`s defense capabilities.
``(11) A description of the areas and means through which
the United States is assisting and support training,
exercises, and assistance to support Taiwan`s requirements
related to civilian defense and resilience, and how the
United States is seeking to assist Taiwan in addressing any
critical gaps where capacity falls short of meeting such
requirements, including those elements identified in the
assessment required by [section 10100 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023].
``(12) An assessment of the implications of current levels
of pre-positioned war reserve materiel on the ability of the
United States to respond to a crisis or conflict involving
Taiwan with respect to--
``(A) providing military or non-military aid to Taiwan; and
``(B) sustaining military installations and other
infrastructure of the United States in the Indo-Pacific
region.
``(13) An assessment of the current intelligence,
surveillance, and reconnaissance capabilities of Taiwan,
including any existing gaps in such capabilities and
investments in such capabilities by Taiwan since the
preceding report.
``(14) A summary of changes to pre-positioned war reserve
materiel of the United States in the Indo-Pacific region
since the preceding report.
``(15) Any other matters the Secretary of Defense or the
Secretary of State considers appropriate.
``(b) Plan.--The Secretary of Defense and the Secretary of
State shall jointly develop a plan for assisting Taiwan in
improving its defensive military capabilities and addressing
vulnerabilities identified pursuant to subsection (a) that
includes--
``(1) recommendations, if any, for new Department of State
or Department of Defense authorities, or modifications to
existing Department of State or Department of Defense
authorities, necessary to improve the defensive military
capabilities of Taiwan in a manner consistent with the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.);
``(2) an identification of opportunities for key leader and
subject matter expert engagement between Department personnel
and military and civilian counterparts in Taiwan; and
``(3) an identification of challenges and opportunities for
leveraging authorities, resources, and capabilities outside
the Department of Defense and the Department of State to
improve the defensive capabilities of Taiwan in accordance
with the Taiwan Relations Act.
``(c) Report.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
fiscal year 2027, the Secretary of State and the Secretary of
Defense shall jointly submit to the appropriate committees of
Congress--
``(1) a report on the results of the assessment required by
subsection (a);
``(2) the plan required by subsection (b); and
``(3) a report on--
``(A) the status of efforts to develop and implement the
joint multi-year plan required under section 10007 of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 to provide for the acquisition of appropriate
defensive military capabilities by Taiwan and to engage with
Taiwan in a series of combined training and planning
activities consistent with the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.); and
``(B) any other matters the Secretary considers necessary.
``(d) Form.--The reports required by subsection (c) shall
be submitted in unclassified form, but may include a
classified annex.
``(e) Appropriate Committees of Congress Defined.--The term
`appropriate committees of Congress` means--
``(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.``.
TITLE II--COUNTERING PEOPLE`S REPUBLIC OF CHINA`S COERCION AND
INFLUENCE CAMPAIGNS
SEC. 10201. STRATEGY TO RESPOND TO INFLUENCE AND INFORMATION
OPERATIONS TARGETING TAIWAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for the
following 5 years, the Secretary of State, in coordination
with the Director of National Intelligence, shall develop and
implement a strategy to respond to--
(1) covert, coercive, and corrupting activities carried out
to advance the Chinese Communist Party`s ``United Front``
work, including activities directed, coordinated, or
otherwise supported by the United Front Work Department or
its subordinate or affiliated entities; and
(2) information and disinformation campaigns, cyber
attacks, and nontraditional propaganda measures supported by
the Government of the People`s Republic of China and the
Chinese Communist Party that are directed toward persons or
entities in Taiwan.
(b) Elements.--The strategy required under subsection (a)
shall include descriptions of--
(1) the proposed response to propaganda and disinformation
campaigns by the People`s Republic of China and cyber-
intrusions targeting Taiwan, including--
(A) assistance in building the capacity of Taiwan`s public
and private-sector entities to document and expose propaganda
and disinformation supported by the Government of the
People`s Republic of China, the Chinese Communist Party, or
affiliated entities;
(B) assistance to enhance Taiwan`s ability to develop a
holistic strategy to respond to sharp power operations,
including election interference; and
(C) media training for Taiwan officials and other Taiwan
entities targeted by disinformation campaigns;
(2) the proposed response to political influence operations
that includes an assessment of the extent of influence
exerted by the Government of the People`s Republic of China
and the Chinese Communist Party in Taiwan on local political
parties, financial institutions, media organizations, and
other entities;
(3) support for exchanges and other technical assistance to
strengthen the Taiwan legal system`s ability to respond to
sharp power operations; and
(4) programs carried out by the Global Engagement Center to
expose misinformation and disinformation in the Chinese
Communist Party`s propaganda.
SEC. 10202. STRATEGY TO COUNTER ECONOMIC COERCION BY THE
PEOPLE`S REPUBLIC OF CHINA TARGETING COUNTRIES
AND ENTITIES THAT SUPPORT TAIWAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate committees of Congress a
description of the strategy being used by the Department of
State to respond to the Government of the People`s Republic
of China`s increased response, including economic coercion,
against countries which have strengthened their ties with, or
support for, Taiwan.
(b) Assistance for Countries and Entities Targeted by the
People`s Republic of China for Economic Coercion.--The
Department of State, the United States Agency for
International Development, the United States International
Development Finance Corporation, the Department of Commerce
and the Department of the Treasury shall provide appropriate
assistance to countries and entities that are subject to
coercive economic practices by the People`s Republic of
China.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress``
means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
[[Page S6355]]
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. 10203. CHINA CENSORSHIP MONITOR AND ACTION GROUP.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees`` means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Qualified research entity.--The term ``qualified
research entity`` means an entity that--
(A) is a nonpartisan research organization or a Federally
funded research and development center;
(B) has appropriate expertise and analytical capability to
write the report required under subsection (c); and
(C) is free from any financial, commercial, or other
entanglements, which could undermine the independence of such
report or create a conflict of interest or the appearance of
a conflict of interest, with--
(i) the Government of the People`s Republic of China;
(ii) the Chinese Communist Party;
(iii) any company incorporated in the People`s Republic of
China or a subsidiary of such company; or
(iv) any company or entity incorporated outside of the
People`s Republic of China that is believed to have a
substantial financial or commercial interest in the People`s
Republic of China.
(3) United states person.--The term ``United States
person`` means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
(b) China Censorship Monitor and Action Group.--
(1) In general.--The President shall establish an
interagency task force, which shall be known as the ``China
Censorship Monitor and Action Group`` (referred to in this
subsection as the ``Task Force``).
(2) Membership.--The President shall take the following
actions with respect to the membership of, and participation
in, the Task Force:
(A) Appoint the chair of the Task Force from among the
staff of the National Security Council.
(B) Appoint the vice chair of the Task Force from among the
staff of the National Economic Council.
(C) Direct the head of each of the following executive
branch agencies to appoint personnel to participate in the
Task Force:
(i) The Department of State.
(ii) The Department of Commerce.
(iii) The Department of the Treasury.
(iv) The Department of Justice.
(v) The Office of the United States Trade Representative.
(vi) The Office of the Director of National Intelligence,
and other appropriate elements of the intelligence community
(as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).
(vii) The United States Agency for Global Media.
(viii) Other agencies designated by the President.
(3) Responsibilities.--The Task Force shall--
(A) oversee the development and execution of an integrated
Federal Government strategy to monitor and address the
impacts of efforts directed, or directly supported, by the
Government of the People`s Republic of China to censor or
intimidate, in the United States or in any of its possessions
or territories, any United States person, including United
States companies that conduct business in the People`s
Republic of China, which are exercising their right to
freedom of speech; and
(B) submit the strategy developed pursuant to subparagraph
(A) to the appropriate congressional committees not later
than 120 days after the date of the enactment of this Act.
(4) Meetings.--The Task Force shall meet not less
frequently than twice per year.
(5) Consultations.--The Task Force should regularly
consult, to the extent necessary and appropriate, with--
(A) Federal agencies that are not represented on the Task
Force;
(B) independent agencies of the United States Government
that are not represented on the Task Force;
(C) relevant stakeholders in the private sector and the
media; and
(D) relevant stakeholders among United States allies and
partners facing similar challenges related to censorship or
intimidation by the Government of the People`s Republic of
China.
(6) Reporting requirements.--
(A) Annual report.--The Task Force shall submit an annual
report to the appropriate congressional committees that
describes, with respect to the reporting period--
(i) the strategic objectives and policies pursued by the
Task Force to address the challenges of censorship and
intimidation of United States persons while in the United
States or any of its possessions or territories, which is
directed or directly supported by the Government of the
People`s Republic of China;
(ii) the activities conducted by the Task Force in support
of the strategic objectives and policies referred to in
clause (i); and
(iii) the results of the activities referred to in clause
(ii) and the impact of such activities on the national
interests of the United States.
(B) Form of report.--Each report submitted pursuant to
subparagraph (A) shall be unclassified, but may include a
classified annex.
(C) Congressional briefings.--Not later than 90 days after
the date of the enactment of this Act, and annually
thereafter, the Task Force shall provide briefings to the
appropriate congressional committees regarding the activities
of the Task Force to execute the strategy developed pursuant
to paragraph (3)(A).
(c) Report on Censorship and Intimidation of United States
Persons by the Government of the People`s Republic of
China.--
(1) Report.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
select and seek to enter into an agreement with a qualified
research entity that is independent of the Department of
State to write a report on censorship and intimidation in the
United States and its possessions and territories of United
States persons, including United States companies that
conduct business in the People`s Republic of China, which is
directed or directly supported by the Government of the
People`s Republic of China.
(B) Matters to be included.--The report required under
subparagraph (A) shall--
(i) assess major trends, patterns, and methods of the
Government of the People`s Republic of China`s efforts to
direct or directly support censorship and intimidation of
United States persons, including United States companies that
conduct business in the People`s Republic of China, which are
exercising their right to freedom of speech;
(ii) assess, including through the use of illustrative
examples, as appropriate, the impact on and consequences for
United States persons, including United States companies that
conduct business in the People`s Republic of China, that
criticize--
(I) the Chinese Communist Party;
(II) the Government of the People`s Republic of China;
(III) the authoritarian model of government of the People`s
Republic of China; or
(IV) a particular policy advanced by the Chinese Communist
Party or the Government of the People`s Republic of China;
(iii) identify the implications for the United States of
the matters described in clauses (i) and (ii);
(iv) assess the methods and evaluate the efficacy of the
efforts by the Government of the People`s Republic of China
to limit freedom of expression in the private sector,
including media, social media, film, education, travel,
financial services, sports and entertainment, technology,
telecommunication, and internet infrastructure interests;
(v) include policy recommendations for the United States
Government, including recommendations regarding collaboration
with United States allies and partners, to address censorship
and intimidation by the Government of the People`s Republic
of China; and
(vi) include policy recommendations for United States
persons, including United States companies that conduct
business in China, to address censorship and intimidation by
the Government of the People`s Republic of China.
(C) Applicability to united states allies and partners.--To
the extent practicable, the report required under
subparagraph (A) should identify implications and policy
recommendations that are relevant to United States allies and
partners facing censorship and intimidation directed or
directly supported by the Government of the People`s Republic
of China.
(2) Submission of report.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State shall
submit the report written by the qualified research entity
selected pursuant to paragraph (1)(A) to the appropriate
congressional committees.
(B) Publication.--The report referred to in subparagraph
(A) shall be made accessible to the public online through
relevant United States Government websites.
(d) Sunset.--This section shall terminate on the date that
is 5 years after the date of enactment of this Act.
TITLE III--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
SEC. 10301. PARTICIPATION OF TAIWAN IN INTERNATIONAL
ORGANIZATIONS.
(a) Statement of Policy.--It is the policy of the United
States to promote Taiwan`s inclusion and meaningful
participation in international organizations.
(b) Support for Meaningful Participation.--The Permanent
Representative of the United States to the United Nations and
other relevant United States officials shall actively support
Taiwan`s meaningful participation in all appropriate
international organizations.
(c) Report.--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 committees of Congress that--
(1) describes the People`s Republic of China`s efforts at
the United Nations and
[[Page S6356]]
other international bodies to block Taiwan`s meaningful
participation and inclusion; and
(2) recommends appropriate responses that should be taken
by the United States to carry out the policy described in
subsection (a).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress``
means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. 10302. MEANINGFUL PARTICIPATION OF TAIWAN IN THE
INTERNATIONAL CIVIL AVIATION ORGANIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the International Civil Aviation Organization (ICAO)
should allow Taiwan to meaningfully participate in the
organization, including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings, activities,
and mechanisms;
(2) Taiwan is a global leader and hub for international
aviation, with a range of expertise, information, and
resources and the fifth busiest airport in Asia (Taoyuan
International Airport), and its meaningful participation in
ICAO would significantly enhance the ability of ICAO to
ensure the safety and security of global aviation; and
(3) coercion by the Chinese Communist Party and the
People`s Republic of China has ensured the systematic
exclusion of Taiwan from meaningful participation in ICAO,
significantly undermining the ability of ICAO to ensure the
safety and security of global aviation.
(b) Plan for Taiwan`s Meaningful Participation in the
International Civil Aviation Organization.--The Secretary of
State, in coordination with the Secretary of Commerce and the
Secretary of Transportation, is authorized--
(1) to initiate a United States plan to secure Taiwan`s
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms; and
(2) to instruct the United States representative to the
ICAO to--
(A) use the voice and vote of the United States to ensure
Taiwan`s meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms; and
(B) seek to secure a vote at the next ICAO triennial
assembly session on the question of Taiwan`s participation in
that session.
(c) Report Concerning Taiwan`s Meaningful Participation in
the International Civil Aviation Organization.--Not later
than 90 days after the date of the enactment of this Act, and
not later than April 1 of each year thereafter for the
following 6 years, the Secretary of State, in coordination
with the Secretary of Commerce, shall submit to the Committee
on Foreign Relations and the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Foreign
Affairs and Committee on Energy and Commerce of the House of
Representatives an unclassified report that--
(1) describes the United States plan to ensure Taiwan`s
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms;
(2) includes an account of the efforts made by the
Secretary of State and the Secretary of Commerce to ensure
Taiwan`s meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms; and
(3) identifies the steps the Secretary of State and the
Secretary of Commerce will take in the next year to ensure
Taiwan`s meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 10401. REPORT ON TAIWAN TRAVEL ACT.
(a) List of High-level Visits.--Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary of State,
in accordance with the Taiwan Travel Act (Public Law 115-
135), shall submit to the appropriate committees of
Congress--
(1) a list of high-level officials from the United States
Government who have traveled to Taiwan; and
(2) a list of high-level officials of Taiwan who have
entered the United States.
(b) Annual Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary of State shall submit a
report on the implementation of the Taiwan Travel Act,
including a discussion of its positive effects on United
States interests in the region, to the appropriate committees
of Congress.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress``
means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. 10402. AMENDMENTS TO THE TAIWAN ALLIES INTERNATIONAL
PROTECTION AND ENHANCEMENT INITIATIVE (TAIPEI)
ACT OF 2019.
The Taiwan Allies International Protection and Enhancement
Initiative (TAIPEI) Act of 2019 (Public Law 116-135) is
amended--
(1) in section 2(5), by striking ``and Kiribati`` and
inserting ``Kiribati, and Nicaragua,``;
(2) in section 4--
(A) in the matter preceding paragraph (1), by striking
``should be`` and inserting ``is``;
(B) in paragraph (2), by striking ``and`` at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and``; and
(D) by adding at the end the following:
``(4) to support Taiwan`s diplomatic relations with
governments and countries``; and
(3) in section 5--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and`` at the end;
(ii) in paragraph (3), by striking the period at the end
and inserting ``; and``; and
(iii) by adding at the end the following:
``(4) identify why governments and countries have altered
their diplomatic status vis-a-vis Taiwan and make
recommendations to mitigate further deterioration in Taiwan`s
diplomatic relations with governments and countries.``;
(B) in subsection (b), by striking ``1 year after the date
of the enactment of this Act, and annually thereafter for
five years, the Secretary of State shall report`` and
inserting ``90 days after the date of the enactment of
American Security Drone Act of 2022, and annually thereafter
for the following 7 years, the Secretary of State shall
submit an unclassified report, with a classified annex,``;
(C) by redesignating subsection (c) as subsection (d); and
(D) by inserting after subsection (b) the following:
``(c) Briefings.--Not later than 90 days after the date of
the enactment of American Security Drone Act of 2022, and
annually thereafter for the following 7 years, the Department
of State shall provide briefings to the appropriate
congressional committees on the steps taken in accordance
with section (a). The briefings required under this
subsection shall take place in an unclassified setting, but
may be accompanied by an additional classified briefing.``.
SEC. 10403. REPORT ON ROLE OF PEOPLE`S REPUBLIC OF CHINA`S
NUCLEAR THREAT IN ESCALATION DYNAMICS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the Director
of National Intelligence, shall submit to the appropriate
congressional committees a report assessing the role of the
increasing nuclear threat of the People`s Republic of China
in escalation dynamics with respect to Taiwan.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees``
means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 10404. REPORT ANALYZING THE IMPACT OF RUSSIA`S WAR
AGAINST UKRAINE ON THE OBJECTIVES OF THE
PEOPLE`S REPUBLIC OF CHINA WITH RESPECT TO
TAIWAN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the Director
of National Intelligence, shall submit a report to the
appropriate congressional committees that analyzes the impact
of Russia`s war against Ukraine on the PRC`s diplomatic,
military, economic, and propaganda objectives with respect to
Taiwan.
(b) Elements.--The report required under subsection (a)
shall describe--
(1) adaptations or known changes to PRC strategies and
military doctrine since the commencement of the Russian
invasion of Ukraine on February 24, 2022, including changes--
(A) to PRC behavior in international forums;
(B) within the People`s Liberation Army, with respect to
the size of forces, the makeup of leadership, weapons
procurement, equipment upkeep, the doctrine on the use of
specific weapons, such as weapons banned
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under the international law of armed conflict, efforts to
move weapons supply chains onto mainland PRC, or any other
changes in its military strategy with respect to Taiwan;
(C) in economic planning, such as sanctions evasion,
efforts to minimize exposure to sanctions, or moves in
support of the protection of currency or other strategic
reserves;
(D) to propaganda, disinformation, and other information
operations originating in the PRC; and
(E) to the PRC`s strategy for the use of force against
Taiwan, including any information on preferred scenarios or
operations to secure its objectives in Taiwan, adjustments
based on how the Russian military has performed in Ukraine,
and other relevant matters;
(2) United States` plans to adapt its policies and military
planning in response to the changes referred to in paragraph
(1).
(c) Form.--The report required under subsection (a) shall
be submitted in classified form.
(d) Coordination With Allies and Partners.--The Secretary
of State shall share information contained in the report
required under subsection (a), as appropriate, with
appropriate officials of allied and partners, including
Taiwan and other partners in Europe and in the Indo-Pacific.
(e) Defined Term.--In this section, the term ``appropriate
congressional committees`` means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(6) the Committee on Foreign Affairs of the House of
Representatives;
(7) the Committee on Armed Services of the House of
Representatives;
(8) the Committee on Appropriations of the House of
Representatives;
(9) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(10) the Committee on Financial Services of the House of
Representatives.
TITLE V--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
SEC. 10501. SHORT TITLE.
This title may be cited as ``Integrity, Notification, and
Fairness in Online Retail Marketplaces for Consumers Act``.
SEC. 10502. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--For the purposes
of this title, the term ``appropriate congressional
committees`` means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Energy and Commerce of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Center.--The term ``Center`` means the Infectious
Disease Monitoring Center described in section 10503.
SEC. 10503. STUDY.
(a) Study.--Not later than one year after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Health and Human Services, in consultation with
the heads of other relevant Federal departments and agencies,
shall submit to appropriate congressional committees a study
that includes the following:
(1) A description of ongoing cooperation between the United
States Government and Taiwan related to public health,
including public health activities supported by the United
States in Taiwan.
(2) A description how the United States and Taiwan can
promote further cooperation and expand public health
activities, including the feasibility and utility of
establishing an Infectious Disease Monitoring Center within
the American Institute of Taiwan in Taipei, Taiwan to--
(A) regularly monitor, analyze, and disseminate open-source
material from countries in the region, including viral
strains, bacterial subtypes, and other pathogens;
(B) engage in people-to-people contacts with medical
specialists and public health officials in the region;
(C) provide expertise and information on infectious
diseases to the United States Government and Taiwanese
officials; and
(D) carry out other appropriate activities, as determined
by the Director of the Center.
(b) Elements.--The study required by subsection (a) shall
include--
(1) a plan on how such a Center would be established and
operationalized, including--
(A) the personnel, material, and funding requirements
necessary to establish and operate the Center; and
(B) the proposed structure and composition of Center
personnel, which may include--
(i) infectious disease experts from the Department of
Health and Human Services, who are recommended to serve as
detailees to the Center; and
(ii) additional qualified persons to serve as detailees to
or employees of the Center, including--
(I) from any other relevant Federal department or agencies,
to include the Department of State and the United States
Agency for International Development;
(II) qualified foreign service nationals or locally engaged
staff who are considered citizens of Taiwan; and
(III) employees of the Taiwan Centers for Disease Control;
(2) an evaluation, based on the factors in paragraph (1),
of whether to establish the Center; and
(3) a description of any consultations or agreements
between the American Institute in Taiwan and the Taipei
Economic and Cultural Representative Office in the United
States regarding the establishment and operation of the
Center, including--
(A) the role that employees of the Taiwan Centers for
Disease Control would play in supporting or coordinating with
the Center; and
(B) whether any employees of the Taiwan Centers for Disease
Control would be detailed to, or co-located with, the Center.
(c) Consultation.--The Secretary of State and the Secretary
of Health and Human Services shall consult with the
appropriate congressional committees before full completion
of the study.
TITLE VI--RULES OF CONSTRUCTION
SEC. 10601. RULE OF CONSTRUCTION.
Nothing in this division may be construed--
(1) to restore diplomatic relations with the Republic of
China; or
(2) to alter the United States Government`s position with
respect to the international status of the Republic of China.
SEC. 10602. RULE OF CONSTRUCTION REGARDING THE USE OF
MILITARY FORCE.
Nothing in this division may be construed as authorizing
the use of military force or the introduction of United
States forces into hostilities.
DIVISION I--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS MATTERS
SEC. 5001. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION E--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS MATTERS
Sec. 5001. Table of contents.
TITLE LI--HOMELAND SECURITY
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 5101. Short title.
Sec. 5102. Definitions.
Sec. 5103. Assessment of global catastrophic risk.
Sec. 5104. Report required.
Sec. 5105. Enhanced catastrophic incident annex.
Sec. 5106. Validation of the strategy through an exercise.
Sec. 5107. Recommendations.
Sec. 5108. Reporting requirements.
Sec. 5109. Rule of construction.
Subtitle B--DHS Economic Security Council
Sec. 5111. DHS Economic Security Council.
Subtitle C--Transnational Criminal Investigative Units
Sec. 5121. Short title.
Sec. 5122. Stipends for transnational criminal investigative units.
Subtitle D--Technological Hazards Preparedness and Training
Sec. 5131. Short title.
Sec. 5132. Definitions.
Sec. 5133. Assistance and Training for Communities with Technological
Hazards and Related Emerging Threats.
Sec. 5134. Authorization of Appropriations.
Sec. 5135. Savings provision.
Subtitle E--Offices of Countering Weapons of Mass Destruction and
Health Security
Sec. 5141. Short title.
Chapter 1--Countering Weapons of Mass Destruction Office
Sec. 5142. Countering Weapons of Mass Destruction Office.
Sec. 5143. Rule of construction.
Chapter 2--Office of Health Security
Sec. 5144. Office of Health Security.
Sec. 5145. Medical countermeasures program.
Sec. 5146. Confidentiality of medical quality assurance records.
Sec. 5147. Technical and conforming amendments.
Subtitle F--Satellite Cybersecurity Act
Sec. 5151. Short title.
Sec. 5152. Definitions.
Sec. 5153. Report on commercial satellite cybersecurity.
Sec. 5154. Responsibilities of the Cybersecurity and Infrastructure
Security Agency.
Sec. 5155. Strategy.
Sec. 5156. Rules of construction.
Subtitle G--Pray Safe Act
Sec. 5161. Short title.
Sec. 5162. Definitions.
Sec. 5163. Federal Clearinghouse on Safety and Security Best Practices
for Faith-Based Organizations and Houses of Worship.
Sec. 5164. Notification of Clearinghouse.
Sec. 5165. Grant program overview.
Sec. 5166. Other resources.
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Sec. 5167. Rule of construction.
Sec. 5168. Exemption.
Subtitle H--Invent Here, Make Here for Homeland Security Act
Sec. 5171. Short title.
Sec. 5172. Preference for United States industry.
Subtitle I--DHS Joint Task Forces Reauthorization
Sec. 5181. Short title.
Sec. 5182. Sense of the Senate.
Sec. 5183. Amending section 708 of the Homeland Security Act of 2002.
Subtitle J--Other Provisions
Chapter 1--CISA Technical Corrections and Improvements
Sec. 5191. CISA Technical Corrections and Improvements.
Chapter 2--Post-Disaster Mental Health Response Act
Sec. 5192. Post-Disaster Mental Health Response.
TITLE LII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 5201. Requirement for information sharing agreements.
Subtitle B--Improving Government for America`s Taxpayers
Sec. 5211. Government Accountability Office unimplemented priority
recommendations.
Subtitle C--Advancing American AI Act
Sec. 5221. Short title.
Sec. 5222. Purposes.
Sec. 5223. Definitions.
Sec. 5224. Principles and policies for use of artificial intelligence
in Government.
Sec. 5225. Agency inventories and artificial intelligence use cases.
Sec. 5226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate modernization
activities related to use cases.
Sec. 5227. Enabling entrepreneurs and agency missions.
Sec. 5228. Intelligence community exception.
Subtitle D--Strategic EV Management
Sec. 5231. Short Title.
Sec. 5232. Definitions.
Sec. 5233. Strategic guidance.
Sec. 5234. Study of Federal fleet vehicles.
Subtitle E--Congressionally Mandated Reports
Sec. 5241. Short title.
Sec. 5242. Definitions.
Sec. 5243. Establishment of online portal for congressionally mandated
reports.
Sec. 5244. Federal agency responsibilities.
Sec. 5245. Changing or removing reports.
Sec. 5246. Withholding of information.
Sec. 5247. Implementation.
Sec. 5248. Determination of budgetary effects.
TITLE LI--HOMELAND SECURITY
Subtitle A--Global Catastrophic Risk Management Act of 2022
SEC. 5101. SHORT TITLE.
This subtitle may be cited as the ``Global Catastrophic
Risk Management Act of 2022``.
SEC. 5102. DEFINITIONS.
In this subtitle:
(1) 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.
(2) 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.
(3) Critical infrastructure.--The term ``critical
infrastructure`` has the meaning given the term in section
1016(e) of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e)).
(4) Existential risk.--The term ``existential risk`` means
the potential for an outcome that would result in human
extinction.
(5) Global catastrophic risk.--The term ``global
catastrophic risk`` means the risk of events or incidents
consequential enough to significantly harm, set back, or
destroy human civilization at the global scale.
(6) Global catastrophic and existential threats.--The term
``global catastrophic and existential threats`` means those
threats that with varying likelihood can produce consequences
severe enough to result in significant harm or destruction of
human civilization at the global scale, or lead to human
extinction. 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.
(7) 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).
(8) Local government; state.--The terms ``local
government`` and ``State`` have the meanings given those
terms in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(9) 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)).
(10) Secretary.--The term ``Secretary`` means the Secretary
of Homeland Security.
SEC. 5103. ASSESSMENT OF GLOBAL CATASTROPHIC RISK.
(a) In General.--The Secretary shall conduct an assessment
of global catastrophic risk.
(b) Consultation.--When conducting the assessment under
subsection (a), the Secretary shall consult with senior
representatives of--
(1) the Assistant to the President for National Security
Affairs;
(2) the Director of the Office of Science and Technology
Policy;
(3) the Administrator of the Federal Emergency Management
Agency;
(4) the Secretary of State and the Under Secretary of State
for Arms Control and International Security;
(5) the Attorney General and the Director of the Federal
Bureau of Investigation;
(6) the Secretary of Energy, the Under Secretary of Energy
for Nuclear Security, and the Director of Science;
(7) the Secretary of Health and Human Services, the
Assistant Secretary for Preparedness and Response, and the
Assistant Secretary of Global Affairs;
(8) the Secretary of Commerce, the Under Secretary of
Commerce for Oceans and Atmosphere, and the Under Secretary
of Commerce for Standards and Technology;
(9) the Secretary of the Interior and the Director of the
United States Geological Survey;
(10) the Administrator of the Environmental Protection
Agency and the Assistant Administrator for Water;
(11) the Administrator of the National Aeronautics and
Space Administration;
(12) the Director of the National Science Foundation;
(13) the Secretary of the Treasury;
(14) the Chair of the Board of Governors of the Federal
Reserve System;
(15) 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;
(16) the Chairman of the Joint Chiefs of Staff;
(17) the Administrator of the United States Agency for
International Development;
(18) the Secretary of Transportation; and
(19) other stakeholders the Secretary determines
appropriate.
SEC. 5104. 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 shall submit to Congress a report containing a
detailed assessment 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 review of the effectiveness of intelligence
collection, early warning and detection systems, or other
functions and programs necessary to evaluate the risk of
particular global catastrophic and existential threats, if
any exist and as applicable for particular threats;
[[Page S6359]]
(7) a forecast of if and why global catastrophic and
existential risk is likely to increase or decrease
significantly in the next 30 years, both qualitatively and
quantitatively, as well as a description of associated
uncertainties;
(8) proposals for how the Federal Government may more
adequately assess global catastrophic and existential risk on
an ongoing basis in future years;
(9) recommendations for legislative actions, as
appropriate, to support the evaluation and assessment of
global catastrophic and existential risk; and
(10) other matters deemed appropriate by the Secretary.
(c) Consultation Requirement.--In producing the report
required under subsection (a), the Secretary shall regularly
consult with experts on global catastrophic and existential
risks, including from non-governmental, academic, and private
sector institutions.
SEC. 5105. ENHANCED CATASTROPHIC INCIDENT ANNEX.
(a) In General.--The Secretary 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 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;
(E) the water and wastewater sector; and
(F) the financial 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. 5106. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.
Not later than 1 year after the addition of the annex
required under section 5105, the Department of Homeland
Security shall lead an exercise as part of the national
exercise program to test and enhance the operationalization
of the strategy required under section 5105.
SEC. 5107. RECOMMENDATIONS.
(a) In General.--The Secretary shall provide
recommendations to Congress for--
(1) actions that should be taken to prepare the United
States to implement the strategy required under section 5105,
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 5105.
(b) Inclusion in Reports.--The Secretary may include the
recommendations required under subsection (a) in a report
submitted under section 5108.
SEC. 5108. REPORTING REQUIREMENTS.
Not later than 1 year after the date on which Department of
Homeland Security leads the exercise under section 5106, the
Secretary shall submit to Congress a report that includes--
(1) a description of the efforts of the Secretary to
develop and update the strategy required under section 5105;
and
(2) an after-action report following the conduct of the
exercise described in section 5106.
SEC. 5109. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to supersede
the civilian emergency management authority of the
Administrator of the Federal Emergency Management Agency
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.).
Subtitle B--DHS Economic Security Council
SEC. 5111. DHS ECONOMIC SECURITY COUNCIL.
(a) Establishment of the DHS Economic Security Council.--
(1) Definitions.--In this subsection:
(A) Council.--The term ``Council`` means the DHS Economic
Security 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 that 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) DHS economic security council.--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 that section, the Secretary
shall establish a standing council of component heads or
their designees within the Department, which shall be known
as the ``DHS Economic Security Council``.
(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 l security, including--
(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; and
(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
enactment of this Act and every 180 days thereafter for 4
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, and
the Committee on Ways and Means of the House of
Representatives on the actions and activities of the Council.
(b) Assistant Secretary for Economic Security.--Section 709
of the Homeland Security Act of 2002 (6 U.S.C. 349) is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Assistant Secretary for Economic Security.--
``(1) In general.--There is established within the Office
of Strategy, Policy, and Plans an Assistant Secretary for
Economic Security.
``(2) Duties.--At the direction of the Under Secretary for
Strategy, Policy, and Plans, the Assistant Secretary for
Economic Security shall be responsible for policy formulation
regarding matters relating to economic
[[Page S6360]]
security and trade, as such matters relate to the mission and
the operations of the Department.
``(3) Additional responsibilities.--In addition to the
duties specified in paragraph (2), the Assistant Secretary
for Economic Security, at the direction of the Under
Secretary for Strategy, Policy, and Plans, may--
``(A) oversee--
``(i) coordination of supply chain policy; and
``(ii) assessments and reports to Congress related to
critical economic security domains;
``(B) serve as the representative of the Under Secretary
for Strategy, Policy, and Plans for the purposes of
representing the Department on--
``(i) the Committee on Foreign Investment in the United
States; and
``(ii) the Committee for the Assessment of Foreign
Participation in the United States Telecommunications
Services Sector;
``(C) coordinate with stakeholders in other Federal
departments and agencies and nongovernmental entities with
trade and economic security interests, authorities, and
responsibilities; and
``(D) perform such additional duties as the Secretary or
the Under Secretary of Strategy, Policy, and Plans may
prescribe.
``(4) Definitions.--In this subsection:
``(A) Critical economic security domain.--The term
`critical economic security domain` means any infrastructure,
industry, technology, or intellectual property (or
combination thereof) that is essential for the economic
security of the United States.
``(B) Economic security.--The term `economic security` has
the meaning given that term in section 890B(c)(2).``.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to affect
or diminish the authority otherwise granted to any other
officer of the Department of Homeland Security.
Subtitle C--Transnational Criminal Investigative Units
SEC. 5121. SHORT TITLE.
This subtitle may be cited as the ``Transnational Criminal
Investigative Unit Stipend Act``.
SEC. 5122. STIPENDS FOR TRANSNATIONAL CRIMINAL INVESTIGATIVE
UNITS.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:
``SEC. 890C. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.
``(a) In General.--The Secretary, with the concurrence of
the Secretary of State, shall operate Transnational Criminal
Investigative Units within Homeland Security Investigations.
``(b) Composition.--Each Transnational Criminal
Investigative Unit shall be composed of trained foreign law
enforcement officials who shall collaborate with Homeland
Security Investigations to investigate and prosecute
individuals involved in transnational criminal activity.
``(c) Vetting Requirement.--
``(1) In general.--Before entry into a Transnational
Criminal Investigative Unit, and at periodic intervals while
serving in such a unit, foreign law enforcement officials
shall be required to pass certain security evaluations, which
may include a background check, a polygraph examination, a
urinalysis test, or other measures that the Secretary
determines to be appropriate.
``(2) Leahy vetting required.--No member of a foreign law
enforcement unit may join a Transnational Criminal
Investigative Unit if the Secretary, in coordination with the
Secretary of State, has credible information that such
foreign law enforcement unit has committed a gross violation
of human rights, consistent with the limitations set forth in
section 620M of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d).
``(3) Approval and concurrence.--The establishment and
continued support of the Transnational Criminal Investigative
Units who are assigned under paragraph (1)--
``(A) shall be performed with the approval of the chief of
mission to the foreign country to which the personnel are
assigned;
``(B) shall be consistent with the duties and powers of the
Secretary of State and the chief of mission for a foreign
country under section 103 of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927),
respectively; and
``(C) shall not be established without the concurrence of
the Assistant Secretary of State for International Narcotics
and Law Enforcement Affairs.
``(4) Report.--The Executive Associate Director of Homeland
Security Investigations shall submit a report to the
Committee on Foreign Relations of the Senate, the Committee
on Homeland Security and Governmental Affairs of the Senate,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Homeland Security of
the House of Representatives that describes--
``(A) the procedures used for vetting Transnational
Criminal Investigative Unit members to include compliance
with the vetting required under paragraph (3); and
``(B) any additional measures that should be implemented to
prevent personnel in vetted units from being compromised by
criminal organizations.
``(d) Monetary Stipend.--The Executive Associate Director
of Homeland Security Investigations is authorized to pay
vetted members of a Transnational Criminal Investigative Unit
a monetary stipend in an amount associated with their duties
dedicated to unit activities.
``(e) Annual Briefing.--The Executive Associate Director of
Homeland Security Investigations, during the 5-year period
beginning on the date of the enactment of this Act, shall
provide an annual unclassified briefing to the congressional
committees referred to in subsection (c)(3), which may
include a classified session, if necessary, that identifies--
``(1) the number of vetted members of Transnational
Criminal Investigative Unit in each country;
``(2) the amount paid in stipends to such members,
disaggregated by country;
``(3) relevant enforcement statistics, such as arrests and
progress made on joint investigations, in each such country;
and
``(4) whether any vetted members of the Transnational
Criminal Investigative Unit in each country were involved in
any unlawful activity, including human rights abuses or
significant acts of corruption.``.
(b) Clerical Amendment.--The table of contents for the
Homeland Security Act of 2002 (Public Law 107-296) is amended
by inserting after the item relating to section 890B the
following:
``Sec. 890C. Transnational Criminal Investigative Units.
Subtitle D--Technological Hazards Preparedness and Training
SEC. 5131. SHORT TITLE.
This subtitle may be cited as the ``Technological Hazards
Preparedness and Training Act of 2022``.
SEC. 5132. 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 those
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. 5133. 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
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
[[Page S6361]]
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.
SEC. 5134. 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. 5135. 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 E--Offices of Countering Weapons of Mass Destruction and
Health Security
SEC. 5141. SHORT TITLE.
This subtitle may be cited as the ``Offices of Countering
Weapons of Mass Destruction and Health Security Act of
2022``.
CHAPTER 1--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
SEC. 5142. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) Homeland Security Act of 2002.--Title XIX of the
Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is
amended--
(1) in section 1901 (6 U.S.C. 591)--
(A) in subsection (c), by amending paragraphs (1) and (2)
to read as follows:
``(1) matters and strategies pertaining to--
``(A) weapons of mass destruction; and
``(B) chemical, biological, radiological, nuclear, and
other related emerging threats; and
``(2) coordinating the efforts of the Department to
counter--
``(A) weapons of mass destruction; and
``(B) chemical, biological, radiological, nuclear, and
other related emerging threats.``; and
(B) by striking subsection (e);
(2) by amending section 1921 (6 U.S.C. 591g) to read as
follows:
``SEC. 1921. MISSION OF THE OFFICE.
``The Office shall be responsible for--
``(1) coordinating the efforts of the Department to
counter--
``(A) weapons of mass destruction; and
``(B) chemical, biological, radiological, nuclear, and
other related emerging threats; and
``(2) enhancing the ability of Federal, State, local,
Tribal, and territorial partners to prevent, detect, protect
against, and mitigate the impacts of attacks using--
``(A) weapons of mass destruction against the United
States; and
``(B) chemical, biological, radiological, nuclear, and
other related emerging threats against the United States.``;
(3) in section 1922 (6 U.S.C. 591h)--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b);
(4) in section 1923 (6 U.S.C. 592)--
(A) by redesignating subsections (a) and (b) as subsections
(b) and (d), respectively;
(B) by inserting before subsection (b), as so redesignated,
the following:
``(a) Office Responsibilities.--
``(1) In general.--For the purposes of coordinating the
efforts of the Department to counter weapons of mass
destruction and chemical, biological, radiological, nuclear,
and other related emerging threats, the Office shall--
``(A) provide expertise and guidance to Department
leadership and components on chemical, biological,
radiological, nuclear, and other related emerging threats,
subject to the research, development, testing, and evaluation
coordination requirement described in subparagraph (G);
``(B) in coordination with the Office for Strategy, Policy,
and Plans, lead development of policies and strategies to
counter weapons of mass destruction and chemical, biological,
radiological, nuclear, and other related emerging threats on
behalf of the Department;
``(C) identify, assess, and prioritize capability gaps
relating to the strategic and mission objectives of the
Department for weapons of mass destruction and chemical,
biological, radiological, nuclear, and other related emerging
threats;
``(D) in coordination with the Office of Intelligence and
Analysis, support components of the Department, and Federal,
State, local, Tribal, and territorial partners, provide
intelligence and information analysis and reports on weapons
of mass destruction and chemical, biological, radiological,
nuclear, and other related emerging threats;
``(E) in consultation with the Science and Technology
Directorate, assess risk to the United States from weapons of
mass destruction and chemical, biological, radiological,
nuclear, and other related emerging threats;
``(F) lead development and prioritization of Department
requirements to counter weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats, subject to the research,
development, testing, and evaluation coordination requirement
described in subparagraph (G), which requirements shall be--
``(i) developed in coordination with end users; and
``(ii) reviewed by the Joint Requirements Council, as
directed by the Secretary;
``(G) in coordination with the Science and Technology
Directorate, direct, fund, and coordinate capability
development activities to counter weapons of mass destruction
and all chemical, biological, radiological, nuclear, and
other related emerging threats research, development, test,
and evaluation matters, including research, development,
testing, and evaluation expertise, threat characterization,
technology maturation, prototyping, and technology
transition;
``(H) acquire, procure, and deploy counter weapons of mass
destruction capabilities, and serve as the lead advisor of
the Department on component acquisition, procurement, and
deployment of counter-weapons of mass destruction
capabilities;
``(I) in coordination with the Office of Health Security,
support components of the Department, and Federal, State,
local, Tribal, and territorial partners on chemical,
biological, radiological, nuclear, and other related emerging
threats health matters;
``(J) provide expertise on weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats to Department and Federal partners
to support engagements and efforts with international
partners subject to the research, development, testing, and
evaluation coordination requirement under subparagraph (G);
and
``(K) carry out any other duties assigned to the Office by
the Secretary.
``(2) Detection and reporting.--For purposes of the
detection and reporting responsibilities of the Office for
weapons of mass destruction and chemical, biological,
radiological, nuclear, and other related emerging threats,
the Office shall--
``(A) in coordination with end users, including State,
local, Tribal, and territorial partners, as appropriate--
``(i) carry out a program to test and evaluate technology,
in consultation with the Science and Technology Directorate,
to detect and report on weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats weapons or unauthorized material, in
coordination with other Federal agencies, as appropriate, and
establish performance metrics to evaluate the effectiveness
of individual detectors and detection systems in detecting
those weapons or material--
``(I) under realistic operational and environmental
conditions; and
``(II) against realistic adversary tactics and
countermeasures;
``(B) in coordination with end users, conduct, support,
coordinate, and encourage a transformational program of
research and development to generate and improve technologies
to detect, protect against, and report on the illicit entry,
transport, assembly, or potential use within the United
States of weapons of mass destruction and chemical,
biological, radiological, nuclear, and other related emerging
threats weapons or unauthorized material, and coordinate with
the Under Secretary for Science and Technology on research
and development efforts relevant to the mission of the Office
and the Under Secretary for Science and Technology;
``(C) before carrying out operational testing under
subparagraph (A), develop a testing and evaluation plan that
articulates the requirements for the user and describes how
these capability needs will be tested in developmental test
and evaluation and operational test and evaluation;
``(D) as appropriate, develop, acquire, and deploy
equipment to detect and report on weapons of mass destruction
and chemical, biological, radiological, nuclear, and other
related emerging threats weapons or unauthorized material in
support of Federal, State, local, Tribal, and territorial
governments;
``(E) support and enhance the effective sharing and use of
appropriate information on weapons of mass destruction and
chemical, biological, radiological, nuclear, and other
related emerging threats and related emerging issues
generated by elements of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), law enforcement agencies, other Federal
agencies, State, local, Tribal, and territorial governments,
and foreign governments, as well as provide appropriate
information to those entities;
``(F) consult, as appropriate, with the Federal Emergency
Management Agency and other departmental components, on
weapons of mass destruction and chemical, biological,
radiological, nuclear, and other related emerging threats and
efforts to mitigate, prepare, and respond to all threats in
support of the State, local, and Tribal communities; and
``(G) perform other duties as assigned by the Secretary.``;
(C) in subsection (b), as so redesignated--
(i) in the subsection heading, by striking ``Mission`` and
inserting ``Radiological and Nuclear Responsibilities``;
(ii) in paragraph (1)--
(I) by inserting ``deploy,`` after ``acquire,``; and
[[Page S6362]]
(II) by striking ``deployment`` and inserting
``operations``;
(iii) by striking paragraphs (6) through (10);
(iv) redesignating paragraphs (11) and (12) as paragraphs
(6) and (7), respectively;
(v) in paragraph (7)(C)(v), as so redesignated--
(I) in the matter preceding subclause (I), by inserting
``except as otherwise provided,`` before ``require``; and
(II) in subclause (II)--
(aa) in the matter preceding item (aa), by striking ``death
or disability`` and inserting ``death, disability, or a
finding of good cause as determined by the Assistant
Secretary (including extreme hardship, extreme need, or the
needs of the Office) and for which the Assistant Secretary
may grant a waiver of the repayment obligation``; and
(bb) in item (bb), by adding ``and`` at the end;
(vi) by striking paragraph (13); and
(vii) by redesignating paragraph (14) as paragraph (8); and
(D) by inserting after subsection (b), as so redesignated,
the following:
``(c) Chemical and Biological Responsibilities.--The
Office--
``(1) shall be responsible for coordinating with other
Federal efforts to enhance the ability of Federal, State,
local, and Tribal governments to prevent, detect, protect
against, and mitigate the impacts of chemical and biological
threats against the United States; and
``(2) shall--
``(A) serve as a primary entity of the Federal Government
to further develop, acquire, deploy, and support the
operations of a national biosurveillance system in support of
Federal, State, local, Tribal, and territorial governments,
and improve that system over time;
``(B) enhance the chemical and biological detection efforts
of Federal, State, local, Tribal, and territorial governments
and provide guidance, tools, and training to help ensure a
managed, coordinated response; and
``(C) collaborate with the Biomedical Advanced Research and
Development Authority, the Office of Health Security, the
Defense Advanced Research Projects Agency, and the National
Aeronautics and Space Administration, and other relevant
Federal stakeholders, and receive input from industry,
academia, and the national laboratories on chemical and
biological surveillance efforts.``;
(5) in section 1924 (6 U.S.C. 593), by striking ``section
11011 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (5 U.S.C. 3104 note).`` and
inserting ``section 4092 of title 10, United States Code,
except that the authority shall be limited to facilitate the
recruitment of experts in the chemical, biological,
radiological, or nuclear specialties.``;
(6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
(A) in clause (i), by striking ``required under section
1036 of the National Defense Authorization Act for Fiscal
Year 2010``;
(B) in clause (ii), by striking ``and`` at the end;
(C) in clause (iii), by striking the period at the end and
inserting ``; and``; and
(D) by adding at the end the following:
``(iv) includes any other information regarding national
technical nuclear forensics activities carried out under
section 1923.``;
(7) in section 1928 (6 U.S.C. 596b)--
(A) in subsection (c)(1), by striking ``from among high-
risk urban areas under section 2003`` and inserting ``based
on the capability and capacity of the jurisdiction, as well
as the relative threat, vulnerability, and consequences from
terrorist attacks and other high-consequence events utilizing
nuclear or other radiological materials``; and
(B) by striking subsection (d) and inserting the following:
``(d) Report.--Not later than 2 years after the date of
enactment of the Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, the Secretary
shall submit to the appropriate congressional committees an
update on the STC program.``; and
(8) by adding at the end the following:
``SEC. 1929. ACCOUNTABILITY.
``(a) Departmentwide Strategy.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, and every 4
years thereafter, the Secretary shall create a Departmentwide
strategy and implementation plan to counter weapons of mass
destruction and chemical, biological, radiological, nuclear,
and other related emerging threats, which should--
``(A) have clearly identified authorities, specified roles,
objectives, benchmarks, accountability, and timelines;
``(B) incorporate the perspectives of non-Federal and
private sector partners; and
``(C) articulate how the Department will contribute to
relevant national-level strategies and work with other
Federal agencies.
``(2) Consideration.--The Secretary shall appropriately
consider weapons of mass destruction and chemical,
biological, radiological, nuclear, and other related emerging
threats when creating the strategy and implementation plan
required under paragraph (1).
``(3) Report.--The Office shall submit to the appropriate
congressional committees a report on the updated
Departmentwide strategy and implementation plan required
under paragraph (1).
``(b) Departmentwide Biodefense Review and Strategy.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Offices of Countering Weapons of Mass
Destruction and Health Security Act of 2022, the Secretary,
in consultation with appropriate stakeholders representing
Federal, State, Tribal, territorial, academic, private
sector, and nongovernmental entities, shall conduct a
Departmentwide review of biodefense activities and
strategies.
``(2) Review.--The review required under paragraph (1)
shall--
``(A) identify with specificity the biodefense lines of
effort of the Department, including relating to biodefense
roles, responsibilities, and capabilities of components and
offices of the Department;
``(B) assess how such components and offices coordinate
internally and with public and private partners in the
biodefense enterprise;
``(C) identify any policy, resource, capability, or other
gaps in the Department`s ability to assess, prevent, protect
against, and respond to biological threats; and
``(D) identify any organizational changes or reforms
necessary for the Department to effectively execute its
biodefense mission and role, including with respect to public
and private partners in the biodefense enterprise.
``(3) Strategy.--Not later than 1 year after completion of
the review required under paragraph (1), the Secretary shall
issue a biodefense strategy for the Department that--
``(A) is informed by such review and is aligned with
section 1086 of the National Defense Authorization Act for
Fiscal Year 2017 (6 U.S.C. 104; relating to the development
of a national biodefense strategy and associated
implementation plan, including a review and assessment of
biodefense policies, practices, programs, and initiatives) or
any successor strategy; and
``(B) shall--
``(i) describe the biodefense mission and role of the
Department, as well as how such mission and role relates to
the biodefense lines of effort of the Department;
``(ii) clarify, as necessary, biodefense roles,
responsibilities, and capabilities of the components and
offices of the Department involved in the biodefense lines of
effort of the Department;
``(iii) establish how biodefense lines of effort of the
Department are to be coordinated within the Department;
``(iv) establish how the Department engages with public and
private partners in the biodefense enterprise, including
other Federal agencies, national laboratories and sites, and
State, local, Tribal, and territorial entities, with
specificity regarding the frequency and nature of such
engagement by Department components and offices with State,
local, Tribal and territorial entities; and
``(v) include information relating to--
``(I) milestones and performance metrics that are specific
to the biodefense mission and role of the Department
described in clause (i); and
``(II) implementation of any operational changes necessary
to carry out clauses (iii) and (iv).
``(4) Periodic update.--Beginning not later than 5 years
after the issuance of the biodefense strategy and
implementation plans required under paragraph (3), and not
less often than once every 5 years thereafter, the Secretary
shall review and update, as necessary, such strategy and
plans.
``(5) Congressional oversight.--Not later than 30 days
after the issuance of the biodefense strategy and
implementation plans required under paragraph (3), the
Secretary shall brief the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives regarding
such strategy and plans.
``(c) Employee Morale.--Not later than 180 days after the
date of enactment of the Offices of Countering Weapons of
Mass Destruction and Health Security Act of 2022, the Office
shall submit to and brief the appropriate congressional
committees on a strategy and plan to continuously improve
morale within the Office.
``(d) Comptroller General.--Not later than 1 year after the
date of enactment of the Offices of Countering Weapons of
Mass Destruction and Health Security Act of 2022, the
Comptroller General of the United States shall conduct a
review of and brief the appropriate congressional committees
on--
``(1) the efforts of the Office to prioritize the programs
and activities that carry out the mission of the Office,
including research and development;
``(2) the consistency and effectiveness of stakeholder
coordination across the mission of the Department, including
operational and support components of the Department and
State and local entities; and
``(3) the efforts of the Office to manage and coordinate
the lifecycle of research and development within the Office
and with other components of the Department, including the
Science and Technology Directorate.
``(e) National Academies of Sciences, Engineering, and
Medicine.--
``(1) Study.--The Secretary shall enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine to conduct a consensus study and report to the
Secretary and the appropriate congressional committees on--
[[Page S6363]]
``(A) the role of the Department in preparing, detecting,
and responding to biological and health security threats to
the homeland;
``(B) recommendations to improve departmental
biosurveillance efforts against biological threats, including
any relevant biological detection methods and technologies;
and
``(C) the feasibility of different technological advances
for biodetection compared to the cost, risk reduction, and
timeliness of those advances.
``(2) Briefing.--Not later than 1 year after the date on
which the Secretary receives the report required under
paragraph (1), the Secretary shall brief the appropriate
congressional committees on--
``(A) the implementation of the recommendations included in
the report; and
``(B) the status of biological detection at the Department,
and, if applicable, timelines for the transition from
Biowatch to updated technology.
``(f) Advisory Council.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Offices of Countering Weapons of
Mass Destruction and Health Security Act of 2022, the
Secretary shall establish an advisory body to advise on the
ongoing coordination of the efforts of the Department to
counter weapons of mass destruction, to be known as the
Advisory Council for Countering Weapons of Mass Destruction
(in this subsection referred to as the `Advisory Council`).
``(2) Membership.--The members of the Advisory Council
shall--
``(A) be appointed by the Assistant Secretary; and
``(B) to the extent practicable, represent a geographic
(including urban and rural) and substantive cross section of
officials, from State, local, and Tribal governments,
academia, the private sector, national laboratories, and
nongovernmental organizations, including, as appropriate--
``(i) members selected from the emergency management field
and emergency response providers;
``(ii) State, local, and Tribal government officials;
``(iii) experts in the public and private sectors with
expertise in chemical, biological, radiological, and nuclear
agents and weapons;
``(iv) representatives from the national laboratories; and
``(v) such other individuals as the Assistant Secretary
determines to be appropriate.
``(3) Responsibilities.-- The Advisory Council shall--
``(A) advise the Assistant Secretary on all aspects of
countering weapons of mass destruction;
``(B) incorporate State, local, and Tribal government,
national laboratories, and private sector input in the
development of the strategy and implementation plan of the
Department for countering weapons of mass destruction; and
``(C) establish performance criteria for a national
biological detection system and review the testing protocol
for biological detection prototypes.
``(4) Consultation.--To ensure input from and coordination
with State, local, and Tribal governments, the Assistant
Secretary shall regularly consult and work with the Advisory
Council on the administration of Federal assistance provided
by the Department, including with respect to the development
of requirements for countering weapons of mass destruction
programs, as appropriate.
``(5) Voluntary service.--The members of the Advisory
Council shall serve on the Advisory Council on a voluntary
basis.
``(6) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Council.``.
(b) Countering Weapons of Mass Destruction Act of 2018.--
Section 2 of the Countering Weapons of Mass Destruction Act
of 2018 (Public Law 115-387; 132 Stat. 5162) is amended--
(1) in subsection (b)(2) (6 U.S.C. 591 note), by striking
``1927`` and inserting ``1926``; and
(2) in subsection (g) (6 U.S.C. 591 note)--
(A) in the matter preceding paragraph (1), by striking
``one year after the date of the enactment of this Act, and
annually thereafter,`` and inserting ``June 30 of each
year,``; and
(B) in paragraph (2), by striking ``Security, including
research and development activities`` and inserting
``Security``.
(c) Security and Accountability for Every Port Act of
2006.--The Security and Accountability for Every Port Act of
2006 (6 U.S.C. 901 et seq.) is amended--
(1) in section 1(b) (Public Law 109-347; 120 Stat 1884), by
striking the item relating to section 502; and
(2) by striking section 502 (6 U.S.C. 592a).
SEC. 5143. RULE OF CONSTRUCTION.
Nothing in this chapter or the amendments made by this
chapter shall be construed to affect or diminish the
authorities or responsibilities of the Under Secretary for
Science and Technology.
CHAPTER 2--OFFICE OF HEALTH SECURITY
SEC. 5144. OFFICE OF HEALTH SECURITY.
(a) Establishment.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(1) in section 103 (6 U.S.C. 113)--
(A) in subsection (a)(2)--
(i) by striking ``the Assistant Secretary for Health
Affairs,``; and
(ii) by striking ``Affairs, or`` and inserting ``Affairs
or``; and
(B) in subsection (d), by adding at the end the following:
``(6) A Chief Medical Officer.``;
(2) by adding at the end the following:
``TITLE XXIII--OFFICE OF HEALTH SECURITY``;
(3) by redesignating section 1931 (6 U.S.C. 597) as section
2301 and transferring such section to appear after the
heading for title XXIII, as added by paragraph (2); and
(4) in section 2301, as so redesignated--
(A) in the section heading, by striking ``chief medical
officer`` and inserting ``office of health security``;
(B) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--There is established in the Department
an Office of Health Security.
``(b) Head of Office of Health Security.--The Office of
Health Security shall be headed by a chief medical officer,
who shall--
``(1) be the Assistant Secretary for Health Security and
the Chief Medical Officer of the Department;
``(2) be a licensed physician possessing a demonstrated
ability in and knowledge of medicine and public health;
``(3) be appointed by the President; and
``(4) report directly to the Secretary.``;
(C) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking
``medical issues related to natural disasters, acts of
terrorism, and other man-made disasters`` and inserting
``oversight of all medical, public health, and workforce
health and safety matters of the Department``;
(ii) in paragraph (1), by striking ``, the Administrator of
the Federal Emergency Management Agency, the Assistant
Secretary, and other Department officials`` and inserting
``and all other Department officials``;
(iii) in paragraph (4), by striking ``and`` at the end;
(iv) by redesignating paragraph (5) as paragraph (13); and
(v) by inserting after paragraph (4) the following:
``(5) overseeing all medical and public health activities
of the Department, including the delivery, advisement, and
oversight of direct patient care and the organization,
management, and staffing of component operations that deliver
direct patient care;
``(6) advising the head of each component of the Department
that delivers direct patient care regarding the recruitment
and appointment of a component chief medical officer and
deputy chief medical officer or the employee who functions in
the capacity of chief medical officer and deputy chief
medical officer;
``(7) advising the Secretary and the head of each component
of the Department that delivers direct patient care regarding
knowledge and skill standards for medical personnel and the
assessment of that knowledge and skill;
``(8) advising the Secretary and the head of each component
of the Department that delivers patient care regarding the
collection, storage, and oversight of medical records;
``(9) with respect to any psychological health counseling
or assistance program of the Department, including such a
program of a law enforcement, operational, or support
component of the Department, advising the head of each such
component with such a program regarding--
``(A) ensuring such program includes safeguards against
adverse action, including automatic referrals for a fitness
for duty examination, by such component with respect to any
employee solely because such employee self-identifies a need
for psychological health counseling or assistance or receives
such counseling or assistance;
``(B) increasing the availability and number of local
psychological health professionals with experience providing
psychological support services to personnel;
``(C) establishing a behavioral health curriculum for
employees at the beginning of their careers to provide
resources early regarding the importance of psychological
health;
``(D) establishing periodic management training on crisis
intervention and such component`s psychological health
counseling or assistance program;
``(E) improving any associated existing employee peer
support programs, including by making additional training and
resources available for peer support personnel in the
workplace across such component;
``(F) developing and implementing a voluntary alcohol
treatment program that includes a safe harbor for employees
who seek treatment;
``(G) including, when appropriate, collaborating and
partnering with key employee stakeholders and, for those
components with employees with an exclusive representative,
the exclusive representative with respect to such a program;
``(10) in consultation with the Chief Information Officer
of the Department--
``(A) identifying methods and technologies for managing,
updating, and overseeing patient records; and
``(B) setting standards for technology used by the
components of the Department regarding the collection,
storage, and oversight of medical records;
``(11) advising the Secretary and the head of each
component of the Department that
[[Page S6364]]
delivers direct patient care regarding contracts for the
delivery of direct patient care, other medical services, and
medical supplies;
``(12) coordinating with the Countering Weapons of Mass
Destruction Office and other components of the Department as
directed by the Secretary to enhance the ability of Federal,
State, local, Tribal, and territorial governments to prevent,
detect, protect against, and mitigate the health effects of
chemical, biological, radiological, and nuclear issues;
and``; and
(D) by adding at the end the following:
``(d) Assistance and Agreements.--The Secretary, acting
through the Chief Medical Officer, in support of the medical
and public health activities of the Department, may--
``(1) provide technical assistance, training, and
information and distribute funds through grants and
cooperative agreements to State, local, Tribal, and
territorial governments and nongovernmental organizations;
``(2) enter into other transactions;
``(3) enter into agreements with other Federal agencies;
and
``(4) accept services from personnel of components of the
Department and other Federal agencies on a reimbursable or
nonreimbursable basis.
``(e) Office of Health Security Privacy Officer.--There
shall be a Privacy Officer in the Office of Health Security
with primary responsibility for privacy policy and compliance
within the Office, who shall--
``(1) report directly to the Chief Medical Officer; and
``(2) ensure privacy protections are integrated into all
Office of Health Security activities, subject to the review
and approval of the Privacy Officer of the Department to the
extent consistent with the authority of the Privacy Officer
of the Department under section 222.
``(f) Accountability.--
``(1) Strategy and implementation plan.--Not later than 180
days after the date of enactment of this section, and every 4
years thereafter, the Secretary shall create a Departmentwide
strategy and implementation plan to address health threats.
``(2) Briefing.--Not later than 90 days after the date of
enactment of this section, the Secretary shall brief the
appropriate congressional committees on the organizational
transformations of the Office of Health Security, including
how best practices were used in the creation of the Office of
Health Security.``;
(5) by redesignating section 710 (6 U.S.C. 350) as section
2302 and transferring such section to appear after section
2301, as so redesignated;
(6) in section 2302, as so redesignated--
(A) in the section heading, by striking ``medical support``
and inserting ``safety``;
(B) in subsection (a), by striking ``Under Secretary for
Management`` each place that term appears and inserting
``Chief Medical Officer``; and
(C) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``Under Secretary for Management, in coordination with the
Chief Medical Officer,`` and inserting ``Chief Medical
Officer``; and
(ii) in paragraph (3), by striking ``as deemed appropriate
by the Under Secretary,``;
(7) by redesignating section 528 (6 U.S.C. 321q) as section
2303 and transferring such section to appear after section
2302, as so redesignated; and
(8) in section 2303(a), as so redesignated, by striking
``Assistant Secretary for the Countering Weapons of Mass
Destruction Office`` and inserting ``Chief Medical Officer``.
(b) Transition and Transfers.--
(1) Transition.--The individual appointed pursuant to
section 1931 of the Homeland Security Act of 2002 (6 U.S.C.
597) of the Department of Homeland Security, as in effect on
the day before the date of enactment of this Act, and serving
as the Chief Medical Officer of the Department of Homeland
Security on the day before the date of enactment of this Act,
shall continue to serve as the Chief Medical Officer of the
Department on and after the date of enactment of this Act
without the need for reappointment.
(2) Rule of construction.--The rule of construction
described in section 2(hh) of the Presidential Appointment
Efficiency and Streamlining Act of 2011 (5 U.S.C. 3132 note)
shall not apply to the Chief Medical Officer of the
Department of Homeland Security, including the incumbent who
holds the position on the day before the date of enactment of
this Act, and such officer shall be paid pursuant to section
3132(a)(2) or 5315 of title 5, United States Code.
(3) Transfer.--The Secretary of Homeland Security shall
transfer to the Chief Medical Officer of the Department of
Homeland Security--
(A) all functions, personnel, budget authority, and assets
of the Under Secretary for Management relating to workforce
health and safety, as in existence on the day before the date
of enactment of this Act;
(B) all functions, personnel, budget authority, and assets
of the Assistant Secretary for the Countering Weapons of Mass
Destruction Office relating to the Chief Medical Officer,
including the Medical Operations Directorate of the
Countering Weapons of Mass Destruction Office, as in
existence on the day before the date of enactment of this
Act; and
(C) all functions, personnel, budget authority, and assets
of the Assistant Secretary for the Countering Weapons of Mass
Destruction Office associated with the efforts pertaining to
the program coordination activities relating to defending the
food, agriculture, and veterinary defenses of the Office, as
in existence on the day before the date of enactment of this
Act.
SEC. 5145. MEDICAL COUNTERMEASURES PROGRAM.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by redesignating section 1932 (6 U.S.C. 597a) as
section 2304 and transferring such section to appear after
section 2303, as so redesignated by section 5144 of this
subtitle.
SEC. 5146. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
Title XXIII of the Homeland Security Act of 2002, as added
by this chapter, is amended by adding at the end the
following:
``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
``(a) Definitions.--In this section:
``(1) Health care provider.--The term `health care
provider` means an individual who--
``(A) is--
``(i) an employee of the Department;
``(ii) a detailee to the Department from another Federal
agency;
``(iii) a personal services contractor of the Department;
or
``(iv) hired under a contract for services;
``(B) performs health care services as part of duties of
the individual in that capacity; and
``(C) has a current, valid, and unrestricted license or
certification--
``(i) that is issued by a State, the District of Columbia,
or a commonwealth, territory, or possession of the United
States; and
``(ii) that is for the practice of medicine, osteopathic
medicine, dentistry, nursing, emergency medical services, or
another health profession.
``(2) Medical quality assurance program.--The term `medical
quality assurance program` means any activity carried out by
the Department to assess the quality of medical care,
including activities conducted by individuals, committees, or
other review bodies responsible for quality assurance,
credentials, infection control, incident reporting, the
delivery, advisement, and oversight of direct patient care
and assessment (including treatment procedures, blood, drugs,
and therapeutics), medical records, health resources
management review, and identification and prevention of
medical, mental health, or dental incidents and risks.
``(3) Medical quality assurance record of the department.--
The term `medical quality assurance record of the Department`
means all information, including the proceedings, records
(including patient records that the Department creates and
maintains as part of a system of records), minutes, and
reports that--
``(A) emanate from quality assurance program activities
described in paragraph (2); and
``(B) are produced or compiled by the Department as part of
a medical quality assurance program.
``(b) Confidentiality of Records.--A medical quality
assurance record of the Department that is created as part of
a medical quality assurance program--
``(1) is confidential and privileged; and
``(2) except as provided in subsection (d), may not be
disclosed to any person or entity.
``(c) Prohibition on Disclosure and Testimony.--Except as
otherwise provided in this section--
``(1) no part of any medical quality assurance record of
the Department may be subject to discovery or admitted into
evidence in any judicial or administrative proceeding; and
``(2) an individual who reviews or creates a medical
quality assurance record of the Department or who
participates in any proceeding that reviews or creates a
medical quality assurance record of the Department may not be
permitted or required to testify in any judicial or
administrative proceeding with respect to the record or with
respect to any finding, recommendation, evaluation, opinion,
or action taken by that individual in connection with the
record.
``(d) Authorized Disclosure and Testimony.--
``(1) In general.--Subject to paragraph (2), a medical
quality assurance record of the Department may be disclosed,
and a person described in subsection (c)(2) may give
testimony in connection with the record, only as follows:
``(A) To a Federal agency or private organization, if the
medical quality assurance record of the Department or
testimony is needed by the Federal agency or private
organization to--
``(i) perform licensing or accreditation functions related
to Department health care facilities, a facility affiliated
with the Department, or any other location authorized by the
Secretary for the performance of health care services; or
``(ii) perform monitoring, required by law, of Department
health care facilities, a facility affiliated with the
Department, or any other location authorized by the Secretary
for the performance of health care services.
``(B) To an administrative or judicial proceeding
concerning an adverse action related to the credentialing of
or health care provided by a present or former health care
provider by the Department.
``(C) To a governmental board or agency or to a
professional health care society or organization, if the
medical quality assurance record of the Department or
testimony is
[[Page S6365]]
needed by the board, agency, society, or organization to
perform licensing, credentialing, or the monitoring of
professional standards with respect to any health care
provider who is or was a health care provider for the
Department.
``(D) To a hospital, medical center, or other institution
that provides health care services, if the medical quality
assurance record of the Department or testimony is needed by
the institution to assess the professional qualifications of
any health care provider who is or was a health care provider
for the Department and who has applied for or been granted
authority or employment to provide health care services in or
on behalf of the institution.
``(E) To an employee, a detailee, or a contractor of the
Department who has a need for the medical quality assurance
record of the Department or testimony to perform official
duties or duties within the scope of their contract.
``(F) To a criminal or civil law enforcement agency or
instrumentality charged under applicable law with the
protection of the public health or safety, if a qualified
representative of the agency or instrumentality makes a
written request that the medical quality assurance record of
the Department or testimony be provided for a purpose
authorized by law.
``(G) In an administrative or judicial proceeding commenced
by a criminal or civil law enforcement agency or
instrumentality described in subparagraph (F), but only with
respect to the subject of the proceeding.
``(2) Personally identifiable information.--
``(A) In general.--With the exception of the subject of a
quality assurance action, personally identifiable information
of any person receiving health care services from the
Department or of any other person associated with the
Department for purposes of a medical quality assurance
program that is disclosed in a medical quality assurance
record of the Department shall be deleted from that record
before any disclosure of the record is made outside the
Department.
``(B) Application.--The requirement under subparagraph (A)
shall not apply to the release of information that is
permissible under section 552a of title 5, United States Code
(commonly known as the `Privacy Act of 1974`).
``(e) Disclosure for Certain Purposes.--Nothing in this
section shall be construed--
``(1) to authorize or require the withholding from any
person or entity de-identified aggregate statistical
information regarding the results of medical quality
assurance programs, under de-identification standards
developed by the Secretary in consultation with the Secretary
of Health and Human Services, as appropriate, that is
released in a manner in accordance with all other applicable
legal requirements; or
``(2) to authorize the withholding of any medical quality
assurance record of the Department from a committee of either
House of Congress, any joint committee of Congress, or the
Comptroller General of the United States if the record
pertains to any matter within their respective jurisdictions.
``(f) Prohibition on Disclosure of Information, Record, or
Testimony.--A person or entity having possession of or access
to a medical quality assurance record of the Department or
testimony described in this section may not disclose the
contents of the record or testimony in any manner or for any
purpose except as provided in this section.
``(g) Exemption From Freedom of Information Act.--A medical
quality assurance record of the Department shall be exempt
from disclosure under section 552(b)(3) of title 5, United
States Code (commonly known as the `Freedom of Information
Act`).
``(h) Limitation on Civil Liability.--A person who
participates in the review or creation of, or provides
information to a person or body that reviews or creates, a
medical quality assurance record of the Department shall not
be civilly liable under this section for that participation
or for providing that information if the participation or
provision of information was--
``(1) provided in good faith based on prevailing
professional standards at the time the medical quality
assurance program activity took place; and
``(2) made in accordance with any other applicable legal
requirement, including Federal privacy laws and regulations.
``(i) Application to Information in Certain Other
Records.--Nothing in this section shall be construed as
limiting access to the information in a record created and
maintained outside a medical quality assurance program,
including the medical record of a patient, on the grounds
that the information was presented during meetings of a
review body that are part of a medical quality assurance
program.
``(j) Penalty.--Any person who willfully discloses a
medical quality assurance record of the Department other than
as provided in this section, knowing that the record is a
medical quality assurance record of the Department shall be
fined not more than $3,000 in the case of a first offense and
not more than $20,000 in the case of a subsequent offense.
``(k) Relationship to Coast Guard.--The requirements of
this section shall not apply to any medical quality assurance
record of the Department that is created by or for the Coast
Guard as part of a medical quality assurance program.
``(l) Rule of Construction.--Nothing in this section shall
be construed to supersede the requirements of--
``(1) the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191; 110 Stat. 1936) and its
implementing regulations;
``(2) the Health Information Technology for Economic and
Clinical Health Act(42 U.S.C. 17931 et seq.) and its
implementing regulations; or
``(3) sections 921 through 926 of the Public Health Service
Act (42 U.S.C. 299b-21 through 299b-26) and their
implementing regulations.``.
SEC. 5147. TECHNICAL AND CONFORMING AMENDMENTS.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended--
(1) in the table of contents in section 1(b) (Public Law
107-296; 116 Stat. 2135)--
(A) by striking the items relating to sections 528 and 529
and inserting the following:
``Sec. 528. Transfer of equipment during a public health emergency.
(B) by striking the items relating to sections 710, 711,
712, and 713 and inserting the following:
``Sec. 710. Employee engagement.
``Sec. 711. Annual employee award program.
``Sec. 712. Acquisition professional career program.
(C) by inserting after the item relating to section 1928
the following:
``Sec. 1929. Accountability.
(D) by striking the items relating to subtitle C of title
XIX and sections 1931 and 1932; and
(E) by adding at the end the following:
``TITLE XXIII--OFFICE OF HEALTH SECURITY
``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and safety.
``Sec. 2303. Coordination of Department of Homeland Security efforts
related to food, agriculture, and veterinary defense
against terrorism.
``Sec. 2304. Medical countermeasures.
``Sec. 2305. Confidentiality of medical quality assurance records.
(2) by redesignating section 529 (6 U.S.C. 321r) as section
528;
(3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking
``section 711(a)`` and inserting ``section 710(a))``;
(4) by redesignating sections 711, 712, and 713 as sections
710, 711, and 712, respectively;
(5) in subsection (d)(3) of section 1923 (6 U.S.C. 592), as
so redesignated by section 5142 of this Act--
(A) in the paragraph heading, by striking ``Hawaiian
native-serving`` and inserting ``Native hawaiian-serving``;
and
(B) by striking ``Hawaiian native-serving`` and inserting
`` `Native Hawaiian-serving``; and
(6) by striking the subtitle heading for subtitle C of
title XIX.
Subtitle F--Satellite Cybersecurity Act
SEC. 5151. SHORT TITLE.
This subtitle may be cited as the ``Satellite Cybersecurity
Act``.
SEC. 5152. DEFINITIONS.
In this subtitle:
(1) Clearinghouse.--The term ``clearinghouse`` means the
commercial satellite system cybersecurity clearinghouse
required to be developed and maintained under section
5154(b)(1).
(2) Commercial satellite system.--The term ``commercial
satellite system``--
(A) means a system that--
(i) is owned or operated by a non-Federal entity based in
the United States; and
(ii) is composed of not less than 1 earth satellite; and
(B) includes--
(i) any ground support infrastructure for each satellite in
the system; and
(ii) any transmission link among and between any satellite
in the system and any ground support infrastructure in the
system.
(3) Critical infrastructure.--The term ``critical
infrastructure`` has the meaning given the term in subsection
(e) of the Critical Infrastructure Protection Act of 2001 (42
U.S.C. 5195c(e)).
(4) Cybersecurity risk.--The term ``cybersecurity risk``
has the meaning given the term in section 2200 of the
Homeland Security Act of 2002, as added by section 5191 of
this division.
(5) Cybersecurity threat.--The term ``cybersecurity
threat`` has the meaning given the term in section 2200 of
the Homeland Security Act of 2002, as added by section 5191
of this division.
SEC. 5153. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the actions the Federal Government
has taken to support the cybersecurity of commercial
satellite systems, including as part of any action to address
the cybersecurity of critical infrastructure sectors.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall report to the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Homeland Security and the Committee on Space, Science, and
Technology of the House of Representatives on the study
conducted under subsection (a), which shall include
information on--
(1) efforts of the Federal Government to--
[[Page S6366]]
(A) address or improve the cybersecurity of commercial
satellite systems; and
(B) support related efforts with international entities or
the private sector;
(2) the resources made available to the public by Federal
agencies to address cybersecurity risks and threats to
commercial satellite systems, including resources made
available through the clearinghouse;
(3) the extent to which commercial satellite systems and
the cybersecurity threats to such systems are addressed in
Federal and non-Federal critical infrastructure risk analyses
and protection plans;
(4) the extent to which Federal agencies are reliant on
satellite systems owned wholly or in part or controlled by
foreign entities, and how Federal agencies mitigate
associated cybersecurity risks;
(5) the extent to which Federal agencies coordinate or
duplicate authorities and take other actions focused on the
cybersecurity of commercial satellite systems; and
(6) as determined appropriate by the Comptroller General of
the United States, recommendations for further Federal action
to support the cybersecurity of commercial satellite systems,
including recommendations on information that should be
shared through the clearinghouse.
(c) Consultation.--In carrying out subsections (a) and (b),
the Comptroller General of the United States shall coordinate
with appropriate Federal agencies and organizations,
including--
(1) the Department of Homeland Security;
(2) the Department of Commerce;
(3) the Department of Defense;
(4) the Department of Transportation;
(5) the Federal Communications Commission;
(6) the National Aeronautics and Space Administration;
(7) the National Executive Committee for Space-Based
Positioning, Navigation, and Timing; and
(8) the National Space Council.
(d) Briefing.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall provide a briefing to the appropriate
congressional committees on the study conducted under
subsection (a).
(e) Classification.--The report made under subsection (b)
shall be unclassified but may include a classified annex.
SEC. 5154. RESPONSIBILITIES OF THE CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY.
(a) Definitions.--In this section:
(1) Director.--The term ``Director`` means the Director of
the Cybersecurity and Infrastructure Security Agency.
(2) Small business concern.--The term ``small business
concern`` has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(b) Establishment of Commercial Satellite System
Cybersecurity Clearinghouse.--
(1) In general.--Subject to the availability of
appropriations, not later than 180 days after the date of
enactment of this Act, the Director shall develop and
maintain a commercial satellite system cybersecurity
clearinghouse.
(2) Requirements.--The clearinghouse--
(A) shall be publicly available online;
(B) shall contain publicly available commercial satellite
system cybersecurity resources, including the voluntary
recommendations consolidated under subsection (c)(1);
(C) shall contain appropriate materials for reference by
entities that develop, operate, or maintain commercial
satellite systems;
(D) shall contain materials specifically aimed at assisting
small business concerns with the secure development,
operation, and maintenance of commercial satellite systems;
and
(E) may contain controlled unclassified information
distributed to commercial entities through a process
determined appropriate by the Director.
(3) Content maintenance.--The Director shall maintain
current and relevant cybersecurity information on the
clearinghouse.
(4) Existing platform or website.--To the extent
practicable, the Director shall establish and maintain the
clearinghouse using an online platform, a website, or a
capability in existence as of the date of enactment of this
Act.
(c) Consolidation of Commercial Satellite System
Cybersecurity Recommendations.--
(1) In general.--The Director shall consolidate voluntary
cybersecurity recommendations designed to assist in the
development, maintenance, and operation of commercial
satellite systems.
(2) Requirements.--The recommendations consolidated under
paragraph (1) shall include materials appropriate for a
public resource addressing the following:
(A) Risk-based, cybersecurity-informed engineering,
including continuous monitoring and resiliency.
(B) Planning for retention or recovery of positive control
of commercial satellite systems in the event of a
cybersecurity incident.
(C) Protection against unauthorized access to vital
commercial satellite system functions.
(D) Physical protection measures designed to reduce the
vulnerabilities of a commercial satellite system`s command,
control, and telemetry receiver systems.
(E) Protection against jamming, eavesdropping, hijacking,
computer network exploitation, spoofing, threats to optical
satellite communications, and electromagnetic pulse.
(F) Security against threats throughout a commercial
satellite system`s mission lifetime.
(G) Management of supply chain risks that affect the
cybersecurity of commercial satellite systems.
(H) Protection against vulnerabilities posed by ownership
of commercial satellite systems or commercial satellite
system companies by foreign entities.
(I) Protection against vulnerabilities posed by locating
physical infrastructure, such as satellite ground control
systems, in foreign countries.
(J) As appropriate, and as applicable pursuant to the
maintenance requirement under subsection (b)(3), relevant
findings and recommendations from the study conducted by the
Comptroller General of the United States under section
5153(a).
(K) Any other recommendations to ensure the
confidentiality, availability, and integrity of data residing
on or in transit through commercial satellite systems.
(d) Implementation.--In implementing this section, the
Director shall--
(1) to the extent practicable, carry out the implementation
in partnership with the private sector;
(2) coordinate with--
(A) the National Space Council and the head of any other
agency determined appropriate by the National Space Council;
and
(B) the heads of appropriate Federal agencies with
expertise and experience in satellite operations, including
the entities described in section 5153(c) to enable the
alignment of Federal efforts on commercial satellite system
cybersecurity and, to the extent practicable, consistency in
Federal recommendations relating to commercial satellite
system cybersecurity; and
(3) consult with non-Federal entities developing commercial
satellite systems or otherwise supporting the cybersecurity
of commercial satellite systems, including private, consensus
organizations that develop relevant standards.
(e) Sunset and Report.--
(1) In general.--This section shall cease to have force or
effect on the date that is 7 years after the date of the
enactment of this Act.
(2) Report.--Not later than 6 years after the date of
enactment of this Act, the Director shall submit to the
Committee on Homeland Security and Governmental Affairs and
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security and the
Committee on Space, Science, and Technology of the House of
Representatives a report summarizing--
(A) any partnership with the private sector described in
subsection (d)(1);
(B) any consultation with a non-Federal entity described in
subsection (d)(3);
(C) the coordination carried out pursuant to subsection
(d)(2);
(D) the establishment and maintenance of the clearinghouse
pursuant to subsection (b);
(E) the recommendations consolidated pursuant to subsection
(c)(1); and
(F) any feedback received by the Director on the
clearinghouse from non-Federal entities.
SEC. 5155. STRATEGY.
Not later than 120 days after the date of the enactment of
this Act, the National Space Council, in coordination with
the Director of the Office of Space Commerce and the heads of
other relevant agencies, 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 Space, Science, and Technology and the
Committee on Homeland Security of the House of
Representatives a strategy for the activities of Federal
agencies to address and improve the cybersecurity of
commercial satellite systems, which shall include an
identification of--
(1) proposed roles and responsibilities for relevant
agencies; and
(2) as applicable, the extent to which cybersecurity
threats to such systems are addressed in Federal and non-
Federal critical infrastructure risk analyses and protection
plans.
SEC. 5156. RULES OF CONSTRUCTION.
Nothing in this subtitle shall be construed to--
(1) designate commercial satellite systems or other space
assets as a critical infrastructure sector; or
(2) infringe upon or alter the authorities of the agencies
described in section 5153(c).
Subtitle G--Pray Safe Act
SEC. 5161. SHORT TITLE.
This subtitle may be cited as the ``Pray Safe Act``.
SEC. 5162. DEFINITIONS.
In this subtitle--
(1) the term ``Clearinghouse`` means the Federal
Clearinghouse on Safety Best Practices for Faith-Based
Organizations and Houses of Worship established under section
2220E of the Homeland Security Act of 2002, as added by
section 5163 of this subtitle;
(2) the term ``Department`` means the Department of
Homeland Security;
(3) the terms ``faith-based organization`` and ``house of
worship`` have the meanings given such terms under section
2220E of the Homeland Security Act of 2002, as added by
section 5163 of this subtitle; and
[[Page S6367]]
(4) the term ``Secretary`` means the Secretary of Homeland
Security.
SEC. 5163. FEDERAL CLEARINGHOUSE ON SAFETY AND SECURITY BEST
PRACTICES FOR FAITH-BASED ORGANIZATIONS AND
HOUSES OF WORSHIP.
(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:
``SEC. 2220E. FEDERAL CLEARINGHOUSE ON SAFETY AND SECURITY
BEST PRACTICES FOR FAITH-BASED ORGANIZATIONS
AND HOUSES OF WORSHIP.
``(a) Definitions.--In this section--
``(1) the term `Clearinghouse` means the Clearinghouse on
Safety and Security Best Practices for Faith-Based
Organizations and Houses of Worship established under
subsection (b)(1);
``(2) the term `faith-based organization` means a group,
center, or nongovernmental organization with a religious,
ideological, or spiritual motivation, character, affiliation,
or purpose;
``(3) the term `house of worship` means a place or
building, including synagogues, mosques, temples, and
churches, in which congregants practice their religious or
spiritual beliefs; and
``(4) the term `safety and security`, for the purpose of
the Clearinghouse, means prevention of, protection against,
or recovery from threats, including manmade disasters,
natural disasters, or violent attacks.
``(b) Establishment.--
``(1) In general.--Not later than 270 days after the date
of enactment of the Pray Safe Act, the Secretary, in
consultation with the Attorney General, the Executive
Director of the White House Office of Faith-Based and
Neighborhood Partnerships, and the head of any other agency
that the Secretary determines appropriate, shall establish a
Federal Clearinghouse on Safety and Security Best Practices
for Faith-Based Organizations and Houses of Worship within
the Department.
``(2) Purpose.--The Clearinghouse shall be the primary
resource of the Federal Government--
``(A) to educate and publish online best practices and
recommendations for safety and security for faith-based
organizations and houses of worship; and
``(B) to provide information relating to Federal grant
programs available to faith-based organizations and houses of
worship.
``(3) Personnel.--
``(A) Assignments.--The Clearinghouse shall be assigned
such personnel and resources as the Secretary considers
appropriate to carry out this section.
``(B) Detailees.--The Secretary may coordinate detailees as
required for the Clearinghouse.
``(C) Designated point of contact.--There shall be not less
than 1 employee assigned or detailed to the Clearinghouse who
shall be the designated point of contact to provide
information and assistance to faith-based organizations and
houses of worship, including assistance relating to the grant
program established under section 5165 of the Pray Safe Act.
The contact information of the designated point of contact
shall be made available on the website of the Clearinghouse.
``(D) Qualification.--To the maximum extent possible, any
personnel assigned or detailed to the Clearinghouse under
this paragraph should be familiar with faith-based
organizations and houses of worship and with physical and
online security measures to identify and prevent safety and
security risks.
``(c) Clearinghouse Contents.--
``(1) Evidence-based tiers.--
``(A) In general.--The Secretary, in consultation with the
Attorney General, the Executive Director of the White House
Office of Faith-Based and Neighborhood Partnerships, and the
head of any other agency that the Secretary determines
appropriate, shall develop tiers for determining evidence-
based practices that demonstrate a significant effect on
improving safety or security, or both, for faith-based
organizations and houses of worship.
``(B) Requirements.--The tiers required to be developed
under subparagraph (A) shall--
``(i) prioritize--
``(I) strong evidence from not less than 1 well-designed
and well-implemented experimental study; and
``(II) moderate evidence from not less than 1 well-designed
and well-implemented quasi-experimental study; and
``(ii) consider promising evidence that demonstrates a
rationale based on high-quality research findings or positive
evaluations that such activity, strategy, or intervention is
likely to improve security and promote safety for faith-based
organizations and houses of worship.
``(2) Criteria for best practices and recommendations.--The
best practices and recommendations of the Clearinghouse
shall, at a minimum--
``(A) identify areas of concern for faith-based
organizations and houses of worship, including event planning
recommendations, checklists, facility hardening, tabletop
exercise resources, and other resilience measures;
``(B) involve comprehensive safety measures, including
threat prevention, preparedness, protection, mitigation,
incident response, and recovery to improve the safety posture
of faith-based organizations and houses of worship upon
implementation;
``(C) involve comprehensive safety measures, including
preparedness, protection, mitigation, incident response, and
recovery to improve the resiliency of faith-based
organizations and houses of worship from manmade and natural
disasters;
``(D) include any evidence or research rationale supporting
the determination of the Clearinghouse that the best
practices or recommendations under subparagraph (B) have been
shown to have a significant effect on improving the safety
and security of individuals in faith-based organizations and
houses of worship, including--
``(i) findings and data from previous Federal, State,
local, Tribal, territorial, private sector, and
nongovernmental organization research centers relating to
safety, security, and targeted violence at faith-based
organizations and houses of worship; and
``(ii) other supportive evidence or findings relied upon by
the Clearinghouse in determining best practices and
recommendations to improve the safety and security posture of
a faith-based organization or house of worship upon
implementation; and
``(E) include an overview of the available resources the
Clearinghouse can provide for faith-based organizations and
houses of worship.
``(3) Additional information.--The Clearinghouse shall
maintain and make available a comprehensive index of all
Federal grant programs for which faith-based organizations
and houses of worship are eligible, which shall include the
performance metrics for each grant management that the
recipient will be required to provide.
``(4) Past recommendations.--To the greatest extent
practicable, the Clearinghouse shall identify and present, as
appropriate, best practices and recommendations issued by
Federal, State, local, Tribal, territorial, private sector,
and nongovernmental organizations relevant to the safety and
security of faith-based organizations and houses of worship.
``(d) Assistance and Training.--The Secretary may produce
and publish materials on the Clearinghouse to assist and
train faith-based organizations, houses of worship, and law
enforcement agencies on the implementation of the best
practices and recommendations.
``(e) Continuous Improvement.--
``(1) In general.--The Secretary shall--
``(A) collect for the purpose of continuous improvement of
the Clearinghouse--
``(i) Clearinghouse data analytics;
``(ii) user feedback on the implementation of resources,
best practices, and recommendations identified by the
Clearinghouse; and
``(iii) any evaluations conducted on implementation of the
best practices and recommendations of the Clearinghouse; and
``(B) in coordination with the Faith-Based Security
Advisory Council of the Department, the Department of
Justice, the Executive Director of the White House Office of
Faith-Based and Neighborhood Partnerships, and any other
agency that the Secretary determines appropriate--
``(i) assess and identify Clearinghouse best practices and
recommendations for which there are no resources available
through Federal Government programs for implementation;
``(ii) provide feedback on the implementation of best
practices and recommendations of the Clearinghouse; and
``(iii) propose additional recommendations for best
practices for inclusion in the Clearinghouse; and
``(C) not less frequently than annually, examine and update
the Clearinghouse in accordance with--
``(i) the information collected under subparagraph (A); and
``(ii) the recommendations proposed under subparagraph
(B)(iii).
``(2) Annual report to congress.--The Secretary shall
submit to Congress, on an annual basis, a report on the
updates made to the Clearinghouse during the preceding 1-year
period under paragraph (1)(C), which shall include a
description of any changes made to the Clearinghouse.``.
(b) Technical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended--
(1) by moving the item relating to section 2220D to appear
after the item relating to section 2220C; and
(2) by inserting after the item relating to section 2220D
the following:
``Sec. 2220E. Federal Clearinghouse on Safety Best Practices for Faith-
Based Organizations and Houses of Worship.
SEC. 5164. NOTIFICATION OF CLEARINGHOUSE.
The Secretary shall provide written notification of the
establishment of the Clearinghouse, with an overview of the
resources required as described in section 2220E of the
Homeland Security Act of 2002, as added by section 5163 of
this subtitle, and section 5165 of this subtitle, to--
(1) every State homeland security advisor;
(2) every State department of homeland security;
(3) other Federal agencies with grant programs or
initiatives that aid in the safety and security of faith-
based organizations and houses of worship, as determined
appropriate by the Secretary;
(4) every Federal Bureau of Investigation Joint Terrorism
Task Force;
(5) every Homeland Security Fusion Center;
(6) every State or territorial Governor or other chief
executive;
[[Page S6368]]
(7) the Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate; and
(8) the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives.
SEC. 5165. GRANT PROGRAM OVERVIEW.
(a) DHS Grants and Resources.--The Secretary shall include
a grants program overview on the website of the Clearinghouse
that shall--
(1) be the primary location for all information regarding
Department grant programs that are open to faith-based
organizations and houses of worship;
(2) directly link to each grant application and any
applicable user guides;
(3) identify all safety and security homeland security
assistance programs managed by the Department that may be
used to implement best practices and recommendation of the
Clearinghouse;
(4) annually, and concurrent with the application period
for any grant identified under paragraph (1), provide
information related to the required elements of grant
applications to aid smaller faith based organizations and
houses of worship in earning access to Federal grants; and
(5) provide frequently asked questions and answers for the
implementation of best practices and recommendations of the
Clearinghouse and best practices for applying for a grant
identified under paragraph (1).
(b) Other Federal Grants and Resources.--Each Federal
agency notified under section 5164(3) shall provide necessary
information on any Federal grant programs or resources of the
Federal agency that are available for faith-based
organizations and houses of worship to the Secretary or the
appropriate point of contact for the Clearinghouse.
(c) State Grants and Resources.--
(1) In general.--Any State notified under paragraph (1),
(2), or (6) of section 5164 may provide necessary information
on any grant programs or resources of the State available for
faith-based organizations and houses of worship to the
Secretary or the appropriate point of contact for the
Clearinghouse.
(2) Identification of resources.--The Clearinghouse shall,
to the extent practicable, identify, for each State--
(A) each agency responsible for safety for faith-based
organizations and houses of worship in the State, or any
State that does not have such an agency designated;
(B) any grant program that may be used for the purposes of
implementing best practices and recommendations of the
Clearinghouse; and
(C) any resources or programs, including community
prevention or intervention efforts, that may be used to
assist in targeted violence and terrorism prevention.
SEC. 5166. OTHER RESOURCES.
The Secretary shall, on the website of the Clearinghouse,
include a separate section for other resources that shall
provide a centralized list of all available points of contact
to seek assistance in grant applications and in carrying out
the best practices and recommendations of the Clearinghouse,
including--
(1) a list of contact information to reach Department
personnel to assist with grant-related questions;
(2) the applicable Cybersecurity and Infrastructure
Security Agency contact information to connect houses of
worship with Protective Security Advisors;
(3) contact information for all Department Fusion Centers,
listed by State;
(4) information on the If you See Something Say Something
Campaign of the Department; and
(5) any other appropriate contacts.
SEC. 5167. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this
subtitle shall be construed to create, satisfy, or waive any
requirement under Federal civil rights laws, including--
(1) title II of the Americans With Disabilities Act of 1990
(42 U.S.C. 12131 et seq.); or
(2) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
SEC. 5168. EXEMPTION.
Chapter 35 of title 44, United States Code (commonly known
as the ``Paperwork Reduction Act``) shall not apply to any
rulemaking or information collection required under this
subtitle or under section 2220E of the Homeland Security Act
of 2002, as added by section 5163 of this subtitle.
Subtitle H--Invent Here, Make Here for Homeland Security Act
SEC. 5171. SHORT TITLE.
This subtitle may be cited as the ``Invent Here, Make Here
for Homeland Security Act``.
SEC. 5172. 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:
``(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 that 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) Funding agreement; nonprofit organization; subject
invention.--The terms `funding agreement`, `nonprofit
organization`, and `subject invention` have the meanings
given those 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
manufactured substantially from all articles, materials, or
supplies mined, produced, or manufactured in the United
States.
``(D) Relevant congressional committees.--The term
`relevant congressional committees` means--
``(i) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(ii) the Committee on Homeland Security of the House of
Representatives.
``(2) Preference.--Subject to the other provisions of this
subsection, no firm or nonprofit organization which receives
title to any subject invention developed under a funding
agreement entered into with the Department and no assignee of
any such firm or nonprofit organization shall grant the
exclusive right to use or sell any subject invention unless
the products embodying the subject invention or produced
through the use of the subject invention will be manufactured
substantially in the United States.
``(3) Waivers.--
``(A) In general.--Subject to subparagraph (B), in
individual cases, the requirement for an agreement described
in paragraph (2) may be waived by the Secretary upon a
showing by the 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--
``(I) consult with the relevant congressional committees
regarding the decision of the Secretary to grant the waiver;
and
``(II) comply with the procedures developed and implemented
pursuant to section 70923(b)(2) of the Build America, Buy
America Act (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 the waiver, products embodying the applicable
subject invention, or produced through the use of the
applicable subject invention, will be manufactured
substantially in a country of concern.``.
Subtitle I--DHS Joint Task Forces Reauthorization
SEC. 5181. SHORT TITLE.
This subtitle may be cited as the ``DHS Joint Task Forces
Reauthorization Act of 2022``.
SEC. 5182. SENSE OF THE SENATE.
It is the sense of the Senate that the Department of
Homeland Security should consider using the authority under
subsection (b) of section 708 of the Homeland Security Act of
2002 (6 U.S.C. 348(b)) to create a Joint Task Force described
in such subsection to improve coordination and response to
the number of encounters and amount of seizures of illicit
narcotics along the southwest border.
SEC. 5183. AMENDING SECTION 708 OF THE HOMELAND SECURITY ACT
OF 2002.
Section 708(b) of the Homeland Security Act of 2002 (6
U.S.C. 348(b)) is amended--
(1) by striking paragraph (8) and inserting the following:
``(8) Joint task force staff.--
``(A) In general.--Each Joint Task Force shall have a
staff, composed of officials from relevant components and
offices of the Department, to assist the Director of that
Joint Task Force in carrying out the mission and
responsibilities of that Joint Task Force.
``(B) Report.--The Secretary shall include in the report
submitted under paragraph (6)(F)--
``(i) the number of personnel permanently assigned to each
Joint Task Force by each component and office; and
``(ii) the number of personnel assigned on a temporary
basis to each Joint Task Force by each component and
office.``;
(2) in paragraph (9)--
(A) in the heading, by inserting ``strategy and of`` after
``Establishment of``;
(B) by striking subparagraph (A) and inserting the
following:
``(A) using leading practices in performance management and
lessons learned by other law enforcement task forces and
joint operations, establish a strategy for each Joint Task
Force that contains--
``(i) the mission of each Joint Task Force and strategic
goals and objectives to assist the Joint Task Force in
accomplishing that mission; and
``(ii) outcome-based and other appropriate performance
metrics to evaluate the effectiveness of each Joint Task
Force and measure progress towards the goals and objectives
described in clause (i), which include--
``(I) targets for current and future fiscal years; and
``(II) a description of the methodology used to establish
those metrics and any limitations with respect to data or
information used to assess performance;``;
(C) in subparagraph (B)--
(i) by striking ``enactment of this section`` and insert
``enactment of the DHS Joint Task Forces Reauthorization Act
of 2022``;
[[Page S6369]]
(ii) by inserting ``strategy and`` after ``Senate the``;
and
(iii) by striking the period at the end and inserting ``;
and``; and
(D) by striking subparagraph (C) and inserting the
following:
``(C) beginning not later than 1 year after the date of
enactment of the DHS Joint Task Forces Reauthorization Act of
2022, submit annually to each committee specified in
subparagraph (B) a report that--
``(i) contains the evaluation described in subparagraphs
(A) and (B); and
``(ii) outlines the progress in implementing outcome-based
and other performance metrics referred to in subparagraph
(A)(ii).``;
(3) in paragraph (11)(A), by striking the period at the end
and inserting the following: ``, which shall include--
``(i) the justification, focus, and mission of the Joint
Task Force; and
``(ii) a strategy for the conduct of the Joint Task Force,
including goals and performance metrics for the Joint Task
Force.``;
(4) in paragraph (12)--
(A) in subparagraph (A), by striking ``January 31, 2018,
and January 31, 2021, the Inspector General of the
Department`` and inserting ``1 year after the date of
enactment of the DHS Joint Task Forces Reauthorization Act of
2022, the Comptroller General of the United States``; and
(B) in subparagraph (B), by striking clauses (i) and (ii)
and inserting the following:
``(i) an assessment of the structure of each Joint Task
Force;
``(ii) an assessment of the effectiveness of oversight over
each Joint Task Force;
``(iii) an assessment of the strategy of each Joint Task
Force; and
``(iv) an assessment of staffing levels and resources of
each Joint Task Force.``; and
(5) in paragraph (13), by striking ``2022`` and inserting
``2024``.
Subtitle J--Other Provisions
CHAPTER 1--CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS
SEC. 5191. 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) Agency information.--The term `agency information`
means information collected or maintained by or on behalf of
an agency.
``(3) Agency information system.--The term `agency
information system` means an information system used or
operated by an agency or by another entity on behalf of an
agency.
``(4) 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.
``(5) 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.
``(6) 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.
``(7) 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.
``(8) 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.
``(9) 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.
``(10) 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 entity 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.
``(11) Director.--The term `Director` means the Director of
the Agency.
``(12) 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.
``(13) 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.
``(14) 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).
``(15) Information system.--The term `information system`
has the meaning given the
[[Page S6370]]
term in section 3502 of title 44, United States Code.
``(16) 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)).
``(17) 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.
``(18) 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.
``(19) National security system.--The term `national
security system` has the meaning given the term in section
11103 of title 40, United States Code.
``(20) 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.
``(21) 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.
``(22) 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.
``(23) Sharing.--The term `sharing` (including all
conjugations thereof) means providing, receiving, and
disseminating (including all conjugations of each such
terms).``.
(2) Technical and conforming amendments.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) 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).``;
(B) 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 ``in this subtitle
referred to as the `Director`)``; and
(iii) in subsection (f)--
(I) in paragraph (1), by inserting ``Executive`` before
``Assistant Director``; and
(II) in paragraph (2), by inserting ``Executive`` before
``Assistant Director``;
(C) in section 2209 (6 U.S.C. 659)--
(i) by striking subsection (a);
(ii) by redesignating subsections (b) through subsection
(o) as subsections (a) through (n), respectively;
(iii) in subsection (c)(1), as so redesignated--
(I) in subparagraph (A)(iii), as so redesignated, 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 (d), as so redesignated--
(I) in the matter preceding paragraph (1), by striking
``subsection (c)`` and inserting ``subsection (b)``; and
(II) in paragraph (1)(E)(ii)(II), by striking ``information
sharing and analysis organizations`` and inserting
``Information Sharing and Analysis Organizations``;
(v) in subsection (j), as so redesignated, by striking
``subsection (c)(8)`` and inserting ``subsection (b)(8)``;
(vi) by redesignating the first subsections (p) and (q) and
second subsections (p) and (q) as subsections (o) and (p) and
subsections (q) and (r), respectively; and
(vii) in subsection (o), as so redesignated--
(I) in paragraph (2)(A), by striking ``subsection (c)(12)``
and inserting ``subsection (b)(12)``; and
(II) in paragraph (3)(B)(i), by striking ``subsection
(c)(12)`` and inserting ``subsection (b)(12)``;
(D) in section 2210 (6 U.S.C. 660)--
(i) by striking subsection (a);
(ii) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively;
(iii) in subsection (b), as so redesignated--
(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
(iv) in subsection (c), as so redesignated, by striking
``subsection (c)`` and inserting ``subsection (b)``;
(E) in section 2211 (6 U.S.C. 661), by striking subsection
(h);
(F) 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``;
(G) in section 2213 (6 U.S.C. 663)--
(i) by striking subsection (a);
(ii) by redesignating subsections (b) through (f) as
subsections (a) through (e), respectively;
(iii) in subsection (b), as so redesignated, by striking
``subsection (b)`` each place it appears and inserting
``subsection (a)``;
(iv) in subsection (c), as so redesignated, in the matter
preceding paragraph (1), by striking ``subsection (b)`` and
inserting ``subsection (a)``; and
(v) in subsection (d), as so redesignated--
(I) in paragraph (1)--
(aa) in the matter preceding subparagraph (A), by striking
``subsection (c)(2)`` and inserting ``subsection (b)(2)``;
(bb) in subparagraph (A), by striking ``subsection (c)(1)``
and inserting ``subsection (b)(1)``; and
(cc) in subparagraph (B), by striking ``subsection (c)(2)``
and inserting ``subsection (b)(2)``; and
(II) in paragraph (2), by striking ``subsection (c)(2)``
and inserting ``subsection (b)(2)``;
(H) 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) by striking subsection (f) and inserting the
following:
``(f) Cyber Defense Operation Defined.--In this section,
the term `cyber defense operation` means the use of a
defensive measure.``;
(I) 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``;
(J) in section 2220A (6 U.S.C. 665g)--
(i) in subsection (a)--
(I) by striking paragraphs (1), (2), (5), and (6); and
(II) by redesignating paragraphs (3), (4), (7), (8), (9),
(10), (11), and (12) as paragraphs (1) through (8),
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``
(K) in section 2220C(f) (6 U.S.C. 665i(f))--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(iii) in paragraph (2), as so redesignated, by striking
``(enacted as division N of the Consolidated Appropriations
Act, 2016 (Public Law 114-113; 6 U.S.C. 1501(9))`` and
inserting ``(6 U.S.C. 1501)``; and
(L) in section 2222 (6 U.S.C. 671)--
(i) by striking paragraphs (3), (5), and (8);
(ii) by redesignating paragraph (4) as paragraph (3); and
(iii) by redesignating paragraphs (6) and (7) as paragraphs
(4) and (5), 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.
(4) Cybersecurity act of 2015 definitions.--Section 102 of
the Cybersecurity 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 (13) and inserting the following:
``(13) Monitor.-- The term `monitor` has the meaning given
the term in section 2200 of the Homeland Security Act of
2002.``; and
(C) 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.
[[Page S6371]]
``(17) Security vulnerability.--The term `security
vulnerability` has the meaning given the term in section 2200
of the Homeland Security Act of 2002.``.
(c) 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 (6 U.S.C. 1521)--
(i) in paragraph (2), by striking ``section 2210`` and
inserting ``section 2200``; and
(ii) in paragraph (4), by striking ``section 2209`` and
inserting ``section 2200``;
(B) in section 223(b) (6 U.S.C. 151 note), by striking
``section 2213(b)(1)`` each place it appears and inserting
``section 2213(a)(1)``;
(C) in section 226 (6 U.S.C. 1524)--
(i) in subsection (a)--
(I) in paragraph (1), by striking ``section 2213`` and
inserting ``section 2200``;
(II) in paragraph (2), by striking ``section 102`` and
inserting ``section 2200 of the Homeland Security Act of
2002``;
(III) in paragraph (4), by striking ``section 2210(b)(1)``
and inserting ``section 2210(a)(1)``; and
(IV) in paragraph (5), by striking ``section 2213(b)`` and
inserting ``section 2213(a)``; and
(ii) in subsection (c)(1)(A)(vi), by striking ``section
2213(c)(5)`` and inserting ``section 2213(b)(5)``; and
(D) in section 227(b) (6 U.S.C. 1525(b)), by striking
``section 2213(d)(2)`` and inserting ``section 2213(c)(2)``.
(2) 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))``.
(3) 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;
(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 ``section
2201(5)`` and inserting ``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)``.
(4) 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)``.
(5) IoT cybersecurity improvement act of 2020.--Section
5(b)(3) of the IoT Cybersecurity Improvement Act of 2020 (15
U.S.C. 278g-3c(b)(3)) is amended by striking ``section
2209(m) of the Homeland Security Act of 2002 (6 U.S.C.
659(m))`` and inserting ``section 2209(l) of the Homeland
Security Act of 2002 (6 U.S.C. 659(l))``.F
(6) 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``.
(7) 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``.
CHAPTER 2--POST-DISASTER MENTAL HEALTH RESPONSE ACT
SEC. 5192. POST-DISASTER MENTAL HEALTH RESPONSE.
(a) Short Title.--This section may be cited as the ``Post-
Disaster Mental Health Response Act``.
(b) Crisis Counseling Assistance and Training.--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``.
TITLE LII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
SEC. 5201. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.
(a) Short Title.--This section may be cited as the
``Intragovernmental Cybersecurity and Counterintelligence
Information Sharing Act``.
(b) Congressional Leadership Defined.--In this section, the
term ``congressional leadership`` means--
(1) 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
(2) 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.
(c) Requirement.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the President shall enter into 1 or
more information sharing agreements to enhance collaboration
between the executive branch and Congress on implementing
cybersecurity measures and counterintelligence protections to
improve the protection of legislative branch information
technology and personnel with--
(A) the Sergeant at Arms and Doorkeeper of the Senate with
respect to cybersecurity information sharing, in consultation
with congressional leadership;
(B) the Secretary of the Senate with respect to
counterintelligence information sharing, in consultation with
congressional leadership;
(C) the Chief Administrative Officer of the House of
Representatives with respect to cybersecurity information
sharing, in consultation with congressional leadership; and
(D) the Sergeant at Arms of the House of Representatives
with respect to counterintelligence information sharing, in
consultation with congressional leadership.
(2) Delegation.--If the President delegates the duties
under paragraph (1), the designee of the President 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 (1).
(d) Elements.--The parties to an information sharing
agreement under subsection (c) shall jointly develop such
elements of the agreement as the parties find appropriate,
which may include--
(1) direct and timely sharing of technical indicators and
contextual information on cyber threats and vulnerabilities,
and the means for such sharing;
(2) direct and timely sharing of classified and
unclassified reports on cyber threats and activities and
targeting of Senators, Members of the House of
Representatives, or congressional staff, consistent with the
protection of sources and methods;
(3) seating of 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; and
(4) any other elements the parties find appropriate.
(e) Briefing to Congress.--Not later than 210 days after
the date of enactment of this Act, and at least quarterly
thereafter, the President shall brief the Committee on
Homeland Security and Governmental Affairs and the Committee
on Rules and Administration of the Senate, the Committee on
Oversight and Reform and the Committee on House
Administration of the House of Representatives, and
congressional leadership on the status of the implementation
of the agreements required under subsection (c).
Subtitle B--Improving Government for America`s Taxpayers
SEC. 5211. GOVERNMENT ACCOUNTABILITY OFFICE UNIMPLEMENTED
PRIORITY RECOMMENDATIONS.
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.
Subtitle C--Advancing American AI Act
SEC. 5221. SHORT TITLE.
This subtitle may be cited as the ``Advancing American AI
Act``.
SEC. 5222. 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 and business practice
efficiency.
[[Page S6372]]
SEC. 5223. 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; and
(B) the Committee on Oversight and Reform 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. 5224. 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 Privacy and Civil Liberties Oversight Board;
(B) relevant interagency councils, such as the Federal
Privacy Council, the Chief Information Officers Council, and
the Chief Data Officers Council;
(C) other governmental and nongovernmental privacy, civil
rights, and civil liberties experts; and
(D) 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. 5225. 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. 5226. 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, 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.--
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(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;
and
(B) to demonstrate the circumstances under which artificial
intelligence can be used to modernize or assist in
modernizing legacy agency systems.
(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 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;
(ii) the lack of sufficient or quality training data; and
(iii) the vulnerability of a utilized artificial
intelligence system to unauthorized manipulation or misuse.
(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) 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 grants management; or
(v) outcomes measurement to measure economic and social
benefits.
(6) 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.
(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. 5227. 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.--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.
SEC. 5228. 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 D--Strategic EV Management
SEC. 5231. SHORT TITLE.
This subtitle may be cited as the ``Strategic EV Management
Act of 2022``.
SEC. 5232. 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; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(4) Director.--The term ``Director`` means the Director of
the Office of Management and Budget.
SEC. 5233. 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
[[Page S6374]]
(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. 5234. 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 E--Congressionally Mandated Reports
SEC. 5241. SHORT TITLE.
This subtitle may be cited as the ``Access to
Congressionally Mandated Reports Act``.
SEC. 5242. 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. 5243. 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. 5244. 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,
[[Page S6375]]
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. 5245. 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. 5246. 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. 5247. 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. 5248. 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.
DIVISION J--WATER RESOURCES DEVELOPMENT ACT OF 2022
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Water Resources
Development Act of 2022``.
SEC. 5002. DEFINITION OF SECRETARY.
In this division, the term ``Secretary`` means the
Secretary of the Army.
TITLE LI--GENERAL PROVISIONS
SEC. 5101. SCOPE OF FEASIBILITY STUDIES.
(a) Flood and Coastal Storm Risk Management.--In carrying
out a feasibility study for a project for flood or coastal
storm risk management, the Secretary, at the request of the
non-Federal interest for the study, shall formulate
alternatives to maximize net benefits from the reduction of
the comprehensive flood risk that is identified through a
holistic evaluation of 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) a tide of any magnitude or frequency;
(4) a rainfall event of any magnitude or frequency;
(5) seasonal variation in water levels;
(6) groundwater emergence;
(7) sea level rise;
(8) subsidence; or
(9) any other driver of flood risk affecting the study
area.
(b) Water Supply, Water Supply 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 water supply, water supply
conservation, and drought risk reduction; or
(2) to include 1 or more measures for the purpose of water
supply, water supply conservation, or drought risk reduction.
(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. 5102. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION
MISSION.
(a) Declaration of Policy.--Congress declares that--
(1) consistent with the civil works mission of the Corps of
Engineers, it is the policy of the United States to protect
and restore the shorelines, riverbanks, and streambanks of
the United States from the damaging impacts of extreme
weather events and other factors contributing to the
vulnerability of coastal and riverine communities and
ecosystems;
(2) the Chief of Engineers shall give priority
consideration to the protection and restoration of
shorelines, riverbanks, and streambanks from erosion and
other damaging impacts of extreme weather events in
[[Page S6376]]
carrying out the civil works mission of the Corps of
Engineers;
(3) to the maximum extent practicable, projects and
measures for the protection and restoration of shorelines,
riverbanks, and streambanks shall be formulated to increase
the resilience of such shores and banks from the damaging
impacts of extreme weather events and other factors
contributing to the vulnerability of coastal and riverine
communities and ecosystems using measures described in
section 1184(a) of the Water Resources Development Act of
2016 (33 U.S.C. 2289a(a)); and
(4) to the maximum extent practicable, periodic nourishment
shall be provided, in accordance with subsection (c) of the
first section of the Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426e(c)), and subject to section 156
of the Water Resources Development Act of 1976 (42 U.S.C.
1962d-5f), for projects and measures carried out for the
purpose of restoring and increasing the resilience of
ecosystems to the same extent as periodic nourishment is
provided for projects and measures carried out for the
purpose of coastal storm risk management.
(b) Shoreline and Riverine Protection and Restoration.--
(1) In general.--Section 212 of the Water Resources
Development Act of 1999 (33 U.S.C. 2332) is amended--
(A) in the section heading, by striking ``flood mitigation
and riverine restoration program`` and inserting ``shoreline
and riverine protection and restoration``;
(B) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may carry out projects--
``(1) to reduce flood and coastal storm hazards, including
shoreline erosion and riverbank and streambank failures; or
``(2) to restore the natural functions and values of rivers
and shorelines throughout the United States.``;
(C) in subsection (b)--
(i) by striking paragraph (1) and inserting the following:
``(1) Authority.--
``(A) Studies.--The Secretary may carry out studies to
identify appropriate measures for--
``(i) the reduction of flood and coastal storm hazards,
including shoreline erosion and riverbank and streambank
failures; or
``(ii) the restoration of the natural functions and values
of rivers and shorelines.
``(B) Projects.--Subject to subsection (f)(2), the
Secretary may design and implement projects described in
subsection (a).``;
(ii) in paragraph (3), by striking ``flood damages`` and
inserting ``flood and coastal storm damages, including the
use of measures described in section 1184(a) of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a(a))``; and
(iii) in paragraph (4)--
(I) by inserting ``and coastal storm`` after ``flood``;
(II) by inserting ``, shoreline,`` after ``riverine``; and
(III) by inserting ``and coastal barriers`` after
``floodplains``;
(D) in subsection (c)--
(i) by striking paragraph (1) and inserting the following:
``(1) Studies.--
``(A) In general.--Subject to subparagraph (B), the non-
Federal share of the cost of a study under this section shall
be--
``(i) 50 percent; and
``(ii) 10 percent, in the case of a study benefitting an
economically disadvantaged community (as defined pursuant to
section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260)).
``(B) Federal interest determination.--The first $100,000
of the costs of a study under this section shall be at full
Federal expense.``;
(ii) 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
nonstructural measure or project, a measure or project
described in section 1184(a) of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a(a)), or for a
measure or project for environmental restoration, 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 a project benefitting an economically disadvantaged
community (as defined pursuant to section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note;
Public Law 116-260)) shall be 10 percent.``; and
(iii) in paragraph (3)--
(I) in the paragraph heading, by striking ``control`` and
inserting ``and coastal storm risk management``;
(II) by striking ``control`` and inserting ``and coastal
storm risk management``; 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 a project benefitting an
economically disadvantaged community (as defined pursuant to
section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260)) shall be 10
percent``;
(E) in subsection (d)--
(i) by striking paragraph (2);
(ii) by striking the subsection designation and heading and
all that follows through ``Notwithstanding`` in paragraph (1)
in the matter preceding subparagraph (A) and inserting the
following:
``(d) Project Justification.--Notwithstanding``;
(iii) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively, and indenting
appropriately; and
(iv) in paragraph (1) (as so redesignated)--
(I) by inserting ``or coastal storm`` after ``flood``; and
(II) by inserting ``, including erosion or riverbank or
streambank failures`` after ``damages``;
(F) in subsection (e)--
(i) by redesignating paragraphs (1) through (33) as
subparagraphs (A) through (GG), respectively, and indenting
appropriately;
(ii) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``In carrying out`` and inserting
the following:
``(1) In general.--In carrying out``; and
(iii) by adding at the end the following:
``(2) Priority projects.--In carrying out this section
after the date of enactment of the Water Resources
Development Act of 2022, 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, Oregon.
``(E) Upper Missouri River Basin.
``(F) Ohio River Tributaries and their watersheds, West
Virginia.
``(G) Chesapeake Bay watershed and Maryland beaches,
Maryland.``;
(G) by striking subsections (f), (g), and (i);
(H) by redesignating subsection (h) as subsection (f); and
(I) in subsection (f) (as so redesignated), by striking
paragraph (2) and inserting the following:
``(2) Projects requiring specific authorization.--The
Secretary shall not carry out a project until Congress enacts
a law authorizing the Secretary to carry out the project, if
the Federal share of the cost to design and construct the
project exceeds--
``(A) $26,000,000, in the case of a project benefitting an
economically disadvantaged community (as defined pursuant to
section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260));
``(B) $23,000,000, in the case of a project other than a
project benefitting an economically disadvantaged community
(as so defined) that--
``(i) is for purposes of environmental restoration; or
``(ii) derives not less than 50 percent of the erosion,
flood, or coastal storm risk reduction benefits from
nonstructural measures or measures described in section
1184(a) of the Water Resources Development Act of 2016 (33
U.S.C. 2289a(a)); or
``(C) $18,500,000, for a project other than a project
described in subparagraph (A) or (B).``.
(2) 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 212 and inserting the following:
``Sec. 212. Shoreline and riverine protection and restoration.
(c) Emergency Streambank and Shoreline Protection.--Section
14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended by striking ``$5,000,000`` and inserting
``$10,000,000``.
SEC. 5103. 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 ``75 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 ``25 percent of such costs``.
(b) Application.--The amendments made by subsection (a)
shall apply to new and ongoing projects beginning on October
1, 2022.
(c) Conforming Amendment.--Section 109 of the Water
Resources Development Act of 2020 (33 U.S.C. 2212 note;
Public Law 116-260) is amended by striking ``fiscal years
2021 through 2031`` and inserting ``fiscal years 2021 through
2022``.
SEC. 5104. PROTECTION AND RESTORATION OF OTHER FEDERAL LAND
ALONG RIVERS AND COASTS.
(a) In General.--The Secretary is authorized to use funds
made available to the Secretary for water resources
development purposes to construct, at full Federal expense, a
measure benefitting Federal land under the administrative
jurisdiction of another Federal agency, if the measure--
(1) is included in a report of the Chief of Engineers or
other decision document for a water resources development
project that is specifically authorized by Congress;
(2) is included in a detailed project report (as defined in
section 105(d) of the Water Resources Development Act of 1986
(33 U.S.C. 2215(d)); or
(3) utilizes dredged material from a water resources
development project beneficially.
(b) Applicability.--This section shall apply to a measure
for which construction is initiated after the date of
enactment of this Act.
(c) Exclusion.--In this section, the term ``Federal land``
does not include a military installation.
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(d) Savings Provisions.--Nothing in this section
precludes--
(1) a Federal agency with administrative jurisdiction over
Federal land from contributing funds for any portion of the
cost of a measure described in subsection (a) that benefits
that land; or
(2) the Secretary, at the request of the non-Federal
interest for a study for a project for flood or coastal storm
risk management, from using funds made available to the
Secretary for water resources development investigations to
formulate measures to reduce risk to a military installation,
if the non-Federal interest shares in the cost to formulate
those measures to the same extent that the non-Federal
interest is required to share in the cost of the study.
(e) Repeal.--
(1) In general.--Section 1025 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2226) is repealed.
(2) Conforming amendment.--The table of contents in section
1(b) of the Water Resources Reform and Development Act of
2014 (128 Stat. 1193) is amended by striking the item
relating to section 1025.
SEC. 5105. POLICY AND TECHNICAL STANDARDS.
Consistent with the 5-year administrative publication life
cycle of the Department of the Army, the Secretary shall
revise, rescind, or certify as current, as applicable, each
publication for the civil works programs of the Corps of
Engineers.
SEC. 5106. PLANNING ASSISTANCE TO STATES.
(a) In General.--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 (3), by striking ``section 236 of title
10`` and inserting ``section 4141 of title 10``; and
(B) 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) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Outreach.--
``(1) In general.--The Secretary is authorized to carry out
activities, at full Federal expense--
``(A) to inform and educate States and other non-Federal
interests about the missions, programs, policies, and
procedures of the Corps of Engineers; and
``(B) to engage with States and other non-Federal interests
to identify specific opportunities to partner with the Corps
of Engineers to address water resources development needs.
``(2) Staff.--The Secretary shall designate staff in each
district office of the Corps of Engineers to provide
assistance under this subsection.``; and
(4) in subsection (d) (as so redesignated), by adding at
the end the following:
``(3) Outreach.--There is authorized to be appropriated
$30,000,000 for each fiscal year to carry out subsection (b).
``(4) Prioritization.--To the maximum extent practicable,
the Secretary shall prioritize the provision of assistance
under this section to economically disadvantaged communities
(as defined pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
260)).``.
(b) Conforming Amendment.--Section 3014(b)(3)(B) of the
Water Resources Reform and Development Act of 2014 (42 U.S.C.
4131(b)(3)(B)) is amended by striking section ``22(b) of the
Water Resources Development Act of 1974 (42 U.S.C. 1962d-
16(b))`` and inserting ``section 22(c) of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16(c))``.
SEC. 5107. FLOODPLAIN MANAGEMENT SERVICES.
Section 206 of the Flood Control Act of 1960 (33 U.S.C.
709a) is amended--
(1) 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--
(i) 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
(ii) by striking ``In recognition`` and inserting the
following:
``(1) In general.--In recognition``; 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
subsection (b) of section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16).``;
(2) by redesignating subsection (d) as subsection (e); and
(3) 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. 5108. WORKFORCE PLANNING.
(a) 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).
(b) Authorization.--The Secretary is authorized to carry
out activities, at full 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.
(c) Partnering Entities.--In carrying out activities under
this section, the Secretary may enter into partnerships
with--
(1) public and nonprofit elementary and secondary schools;
(2) community colleges;
(3) technical schools;
(4) colleges and universities, including historically Black
colleges and universities; and
(5) other institutions of learning.
(d) Prioritization.--The Secretary shall, to the maximum
extent practicable, prioritize the recruitment of individuals
under this section that are located in economically
disadvantaged communities (as defined pursuant to section 160
of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note; Public Law 116-260)).
(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. 5109. CREDIT IN LIEU OF REIMBURSEMENT.
(a) In General.--Section 1022 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2225) is amended--
(1) in subsection (a)--
(A) by striking ``or`` before ``an authorized coastal
navigation project``;
(B) by inserting ``or any other water resources development
project for which the Secretary is authorized to reimburse
the non-Federal interest for the Federal share of
construction or operation and maintenance,`` before ``the
Secretary``; and
(C) by striking ``of the project`` and inserting ``to
construct, periodically nourish, or operate and maintain the
project``;
(2) in each of subsections (b) and (c), by striking ``flood
damage reduction and coastal navigation`` each place it
appears and inserting ``water resources development``; and
(3) by adding at the end the following:
``(d) Applicability.--With respect to a project constructed
under section 204 of the Water Resources Development Act of
1986 (33 U.S.C. 2232), the Secretary shall exercise the
authority under this section to apply credits and
reimbursements related to the project in a manner consistent
with the requirements of subsection (d) of that section.``.
(b) 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. 5110. COASTAL COST CALCULATIONS.
Section 152(a) of the Water Resources Development Act of
2020 (33 U.S.C. 2213a(a)) is amended by inserting ``or
coastal storm risk management`` after ``flood risk
management``.
SEC. 5111. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR
CERTAIN FEDERAL COSTS.
The Secretary is authorized to provide in advance to the
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 project or separable
element--
(1) authorized to be constructed at full Federal expense;
(2) described in section 103(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(b)(2)); or
(3) described in, or modified by an amendment made by,
section 5307(a) or 5309(a), 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.
SEC. 5112. USE OF EMERGENCY FUNDS.
Section 5(a) of the Act of August 18, 1941 (commonly known
as the ``Flood Control Act of 1941``) (55 Stat. 650, chapter
377; 33 U.S.C. 701n(a)), is amended--
(1) in paragraph (1), in the first sentence, by inserting
``, increase resilience, increase effectiveness in preventing
damages from inundation, wave attack, or erosion,`` after
``address major deficiencies``; and
(2) by adding at the end the following:
``(6) Work carried out by a non-federal sponsor.--
``(A) General rule.--The Secretary may authorize a non-
Federal sponsor to plan, design, or construct repair or
restoration work described in paragraph (1).
``(B) Requirements.--
``(i) In general.--To be eligible for a payment under
subparagraph (C) for the Federal share of a planning, design,
or construction activity for repair or restoration work
described in paragraph (1), the non-Federal sponsor shall
enter into a written agreement with the Secretary before
carrying out the activity.
[[Page S6378]]
``(ii) Compliance with other laws.--The non-Federal sponsor
shall carry out all activities under this paragraph in
compliance with all laws and regulations that would apply if
the activities were carried out by the Secretary.
``(C) Payment.--
``(i) In general.--The Secretary is authorized to provide
payment, in the form of an advance or a reimbursement, to the
non-Federal sponsor for the Federal share of the cost of a
planning design, or construction activity for the repair or
restoration work described in paragraph (1).
``(ii) Additional amounts.--If the Federal share of the
cost of the activity under this paragraph exceeds the amount
obligated by the Secretary under an agreement under
subparagraph (B), the advance or reimbursement of such
additional amounts shall be at the discretion of the
Secretary.
``(D) Annual limit on reimbursements not applicable.--
Section 102 of the Energy and Water Development
Appropriations Act, 2006 (33 U.S.C. 2221), shall not apply to
an agreement under subparagraph (B).``.
SEC. 5113. RESEARCH AND DEVELOPMENT.
(a) In General.--Section 7 of the Water Resources
Development Act of 1988 (33 U.S.C. 2313) is amended--
(1) in the section heading, by striking ``collaborative``;
(2) in subsection (b), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) by striking subsection (e);
(4) by redesignating subsections (b), (c), (d), and (f) as
paragraphs (2), (3), (4), and (5), respectively, and
indenting appropriately;
(5) in subsection (a), by striking ``of the Army Corps of
Engineers, the Secretary is authorized to utilize Army`` and
inserting the following: ``of the Corps of Engineers, the
Secretary is authorized to engage in basic research, applied
research, advanced research, and development projects,
including such projects that are--
``(1) authorized by Congress; or
``(2) included in an Act making appropriations for the
Corps of Engineers.
``(b) Collaborative Research and Development.--
``(1) In general.--In carrying out subsection (a), the
Secretary is authorized to utilize``;
(6) in subsection (b) (as so redesignated)--
(A) in paragraph (2)(B) (as so redesignated), by striking
``this section`` and inserting ``this subsection``;
(B) in paragraph (3) (as so redesignated), in the first
sentence, by striking ``this section`` each place it appears
and inserting ``this subsection``;
(C) in paragraph (4) (as so redesignated), by striking
``subsection (c)`` and inserting ``paragraph (3)``; and
(D) in paragraph (5) (as so redesignated), by striking
``this section`` and inserting ``this subsection;``; and
(7) by adding at the end the following:
``(c) Other Transactions.--
``(1) Authority.--The Secretary may enter into transactions
(other than contracts, cooperative agreements, and grants) in
order to carry out this section.
``(2) Education and training.--The Secretary shall--
``(A) ensure that management, technical, and contracting
personnel of the Corps of Engineers involved in the award or
administration of transactions under this section or other
innovative forms of contracting are afforded opportunities
for adequate education and training; and
``(B) establish minimum levels and requirements for
continuous and experiential learning for such personnel,
including levels and requirements for acquisition
certification programs.
``(3) Notification.--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 notice of a transaction under this
subsection not less than 30 days before entering into the
transaction.
``(4) Report.--Not later than 3 years and not later than 7
years after the date of enactment of the Water Resources
Development Act of 2022, 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 the use of the authority
under paragraph (1).
``(d) 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 projects carried out
under subsection (a).
``(2) Contents.--A report under paragraph (1) shall
include--
``(A) a description of each ongoing and new project,
including--
``(i) the estimated total cost;
``(ii) the amount of Federal expenditures;
``(iii) the amount of expenditures by a non-Federal entity
as described in subsection (b)(1), if applicable;
``(iv) the estimated timeline for completion;
``(v) the requesting district of the Corps of Engineers, if
applicable; and
``(vi) how the project is consistent with subsection (a);
and
``(B) any additional information that the Secretary
determines to be appropriate.
``(e) Cost Sharing.--
``(1) In general.--Except as provided in subsection (b)(3)
and paragraph (2), a project carried out under this section
shall be at full Federal expense.
``(2) Treatment.--Nothing in this subsection waives
applicable cost-share requirements for 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))).
``(f) Savings Clause.--Nothing in this section limits the
ability of the Secretary to carry out a project 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) Research and Development Account.--
``(1) In general.--There is established a Research and
Development account of the Corps of Engineers for the
purposes of carrying out this section.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Research and Development account
established by paragraph (1) $85,000,000 for each of fiscal
years 2023 through 2027.``.
(b) Forecasting Models for the Great Lakes.--
(1) 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.
(2) Savings provision.--Nothing in this subsection
precludes the Secretary from using funds made available under
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 paragraph (1)
for the Great Lakes, if funds are not appropriated for such
activities.
(c) Monitoring and Assessment Program for Saline Lakes in
the Great Basin.--
(1) 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.
(2) Coordination.--The Secretary shall coordinate
implementation of the program with relevant--
(A) Federal and State agencies;
(B) Indian Tribes;
(C) local governments; and
(D) nonprofit organizations.
(3) Contracts, grants, and cooperative agreements.--The
Secretary is authorized to enter into contracts, grant
agreements, and cooperative agreements with institutions of
higher education and with entities described in paragraph (2)
to implement the program.
(4) 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.
(5) 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, or local entities.
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000.
(d) 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. 5114. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES
ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) Committee.--The term ``Committee`` means the Tribal and
Economically Disadvantaged Communities Advisory Committee
established under subsection (b).
(2) Economically disadvantaged community.--The term
``economically disadvantaged community`` has the meaning
given the term pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
260).
(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).
(b) 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 economically disadvantaged communities and
Indian Tribes.
[[Page S6379]]
(c) 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.
(d) 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
water resources development projects needs and challenges 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 provided 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) be made publicly available, including on a publicly
available website.
(e) Independent Judgment.--Any recommendation made by the
Committee to the Secretary and the Chief of Engineers under
subsection (d)(1) shall reflect the independent judgment of
the Committee.
(f) 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 be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Committee.
(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.).
(4) Applicability of faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the Committee.
SEC. 5115. 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`` (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) A 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) A 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) A 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 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 provided 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) In general.--The Committee shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(2) Compensation.--Except as provided in paragraph (3), the
members of the Committee shall serve without compensation.
(3) Travel expenses.--The members of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Committee.
(4) 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. 5116. UNDERSERVED COMMUNITY HARBOR PROJECTS.
(a) Definitions.--In this section:
(1) Project.--The term ``project`` means a single cycle of
dredging of an underserved community harbor and the
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 the preceding 4 fiscal years.
(b) In General.--The Secretary may carry out projects to
dredge underserved community harbors for purposes of
sustaining water-dependent commercial and recreational
activities at such harbors.
(c) Justification.--The Secretary may carry out a project
under this section if the Secretary determines that the cost
of the project is reasonable in relation to the sum of--
(1) the local or regional economic benefits; and
(2)(A) the environmental benefits, including the benefits
to the aquatic environment to be derived from the creation of
wetland and control of shoreline erosion; or
(B) other social effects, including protection against loss
of life and contributions to local or regional cultural
heritage.
(d) Cost Share.--The non-Federal share of the cost of a
project carried out under this section shall be determined in
accordance with--
(1) subsection (a), (b), (c), or (d), as applicable, of
section 103 of the Water Resources Development Act of 1986
(33 U.S.C. 2213), for any portion of the cost of the project
allocated to flood or coastal storm risk management,
ecosystem restoration, or recreation; and
(2) section 101(b)(1) of the Water Resources Development
Act of 1986 (33 U.S.C. 2211(b)(1)), for the portion of the
cost of the project other than a portion described in
paragraph (1).
(e) 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.
(f) Federal Participation Limit.--The Federal share of the
cost of a project under this section shall not exceed
$10,000,000.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $50,000,000 for each of fiscal years
2023 through 2026.
(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 that include the beneficial use of
dredged material.
[[Page S6380]]
(h) Savings Provision.--Carrying out a project under this
section shall not affect the eligibility of an underserved
community harbor for Federal operation and maintenance
funding otherwise authorized for the underserved community
harbor.
SEC. 5117. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE
COMMITTEE.
(a) Findings.--Congress finds that--
(1) a bipartisan coalition of 19 Western Senators wrote to
the Office of Management and Budget on September 17, 2019, in
opposition to the proposed rulemaking entitled ``Use of U.S.
Army Corps of Engineers Reservoir Projects for Domestic,
Municipal & Industrial Water Supply`` (81 Fed. Reg. 91556
(December 16, 2016)), describing the rule as counter to
existing law and court precedent;
(2) on January 21, 2020, the proposed rulemaking described
in paragraph (1) was withdrawn; and
(3) the Corps of Engineers should consult with Western
States to ensure, to the maximum extent practicable, that
operation of flood control projects in prior appropriation
States is consistent with the principles of the first section
of the Act of December 22, 1944 (commonly known as the
``Flood Control Act of 1944``) (58 Stat. 887, chapter 665; 33
U.S.C. 701-1) and section 301 of the Water Supply Act of 1958
(43 U.S.C. 390b).
(b) 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 operation of Corps of Engineers projects
and State water rights and water laws.
(3) Membership.--
(A) In general.--The Cooperative Committee shall be
composed of--
(i) the Assistant Secretary of the Army for Civil Works (or
a designee);
(ii) the Chief of Engineers (or a designee);
(iii) 1 representative from each of 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, who may
serve on the Western States Water Council, to be appointed by
the Governor of each State;
(iv) 1 representative with legal experience from each of
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, to be appointed by the Attorney General of each
State; and
(v) 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 a State represented on the
Cooperative Committee.
(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.--The Cooperative Committee shall develop and
make recommendations to avoid or minimize conflicts between
the operation of Corps of Engineers projects and State water
rights and water laws, which may include recommendations for
legislation or the promulgation of policy or regulations.
(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; and
(ii) 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.
(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 be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Cooperative Committee.
(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.
SEC. 5118. UPDATES TO CERTAIN WATER CONTROL MANUALS.
On request of the Governor of State in which the Governor
declared a statewide drought disaster in 2021, the Secretary
is authorized to update water control manuals for waters in
the State, with priority given to those waters that
accommodate a water supply project.
SEC. 5119. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF
RECREATION SITES.
It is the sense of Congress that the Secretary, as part of
the annual work plan, 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. 5120. RELOCATION ASSISTANCE.
In the case of a water resources development project using
nonstructural measures for the elevation or modification of a
dwelling that is the primary residence of an owner-occupant
and that requires the owner-occupant to relocate temporarily
from the dwelling during the period of construction, the
Secretary may include in the value of the land, easements,
and rights-of-way required for the project or measure the
documented reasonable living expenses, excluding food and
personal transportation, incurred by the owner-occupant
during the period of relocation.
SEC. 5121. REPROGRAMMING LIMITS.
(a) Operations and Maintenance.--In reprogramming funds
made available to the Secretary for operations and
maintenance--
(1) the Secretary may not reprogram more than 25 percent of
the base amount up to a limit of--
(A) $8,500,000 for a project, study, or activity with a
base level over $1,000,000; and
(B) $250,000 for a project, study, or activity with a base
level of $1,000,000 or less; and
(2) $250,000 may be reprogrammed for any continuing study
or activity of the Secretary that did not receive an
appropriation.
(b) Investigations.--In reprogramming funds made available
to the Secretary for investigations--
(1) the Secretary may not reprogram more than $150,000 for
a project, study, or activity with a base level over
$100,000; and
(2) $150,000 may be reprogrammed for any continuing study
or activity of the Secretary that did not receive an
appropriation for existing obligations and concomitant
administrative expenses.
SEC. 5122. LEASE DURATIONS.
The Secretary shall issue guidance on, in the case of a
leasing decision pursuant to section 2667 of title 10, United
States Code, or section 4 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of 1944``) (58
Stat. 889, chapter 665; 16 U.S.C. 460d), instances in which a
lease duration in excess of 25 years is appropriate.
SEC. 5123. SENSE OF CONGRESS RELATING TO POST-DISASTER
REPAIRS.
It is the sense of Congress that in permitting 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 above
project design levels.
SEC. 5124. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS
FROM APPROPRIATION FOR IMPROVEMENTS.
Section 36 of the Act of August 10, 1956 (70A Stat. 634,
chapter 1041; 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. 5125. REFORESTATION.
The Secretary is encouraged to consider measures to restore
swamps and other wetland forests in studies for water
resources development projects for ecosystem restoration and
flood and coastal storm risk management.
SEC. 5126. 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
(2) by striking ``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 funds
appropriated to the Federal agency are for a purpose that is
similar or complementary to the purpose of the study or
project``.
[[Page S6381]]
SEC. 5127. 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).
``(2) Low-head dam.--The term `low-head dam` means a river-
wide dam that generally spans a stream channel, blocking the
waterway and creating a backup of water behind the dam, with
a drop off over the wall of not less than 6 inches and not
more than 25 feet.
``(3) Secretary.--The term `Secretary` means the Secretary
of the Army.
``(b) National Low-head Dam Inventory.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary, 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.
``(3) Updates.--The Secretary, in consultation with
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. 5128. 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 of those non-Federal interests, subject to the
condition that each non-Federal interest for the study or
project for which the credit described in paragraph (1) is
provided concurs in writing.``;
(2) in subsection (b), by adding at the end the following:
``(3) Conditional approval of excess credit.--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) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
SEC. 5129. NATIONAL LEVEE RESTORATION.
(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 inserting ``, or improvement`` after ``removal``;
and
(2) by inserting ``, increase resiliency to extreme weather
events,`` after ``flood risk``.
(b) 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 (7), by striking ``$10,000,000`` and
inserting ``$25,000,000``; and
(2) 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 pursuant to section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note;
Public Law 116-260)).``.
SEC. 5130. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
Section 1111 of the America`s Water Infrastructure Act of
2018 (33 U.S.C. 2326 note; Public Law 115-270) is amended by
adding at the end the following:
``(e) Inland Waterways Regional Dredge Pilot Program.--
``(1) In general.--The Secretary is authorized to establish
a pilot program (referred to in this subsection as the `pilot
program`) to conduct a multiyear dredging demonstration
program to award contracts with a duration of up to 5 years
for projects on inland waterways.
``(2) Purposes.--The purposes of the pilot program shall
be--
``(A) to increase the reliability, availability, and
efficiency of federally-owned and federally-operated inland
waterways projects;
``(B) to decrease operational risks across the inland
waterways system; and
``(C) to provide cost-savings by combining work across
multiple projects across different accounts of the Corps of
Engineers.
``(3) Demonstration.--
``(A) In general.--The Secretary shall, to the maximum
extent practicable, award contracts for projects on inland
waterways that combine work across the Construction and
Operation and Maintenance accounts of the Corps of Engineers.
``(B) Projects.-- In awarding contracts under subparagraph
(A), the Secretary shall consider projects that--
``(i) improve navigation reliability on inland waterways
that are accessible year-round;
``(ii) increase freight capacity on inland waterways; and
``(iii) have the potential to enhance the availability of
containerized cargo on inland waterways.
``(4) Savings clause.--Nothing in this subsection affects
the responsibility of the Secretary with respect to the
construction and operations and maintenance of projects on
the inland waterways system.
``(5) 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--
``(A) cost effectiveness;
``(B) reliability and performance;
``(C) cost savings attributable to mobilization and
demobilization of dredge equipment; and
``(D) response times to address navigational impediments.
``(6) 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. 5131. 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) Multi-user mitigation bank instrument processing.--
``(i) In general.--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.
``(ii) Use of credits.--The use of credits generated by the
mitigation bank established using expedited processing under
clause (i) shall be limited to current and future projects
and activities of the entity, company, or carrier described
in subclause (I) of that clause for a public purpose, except
that in the case of a non-Federal public entity, not more
than 25 percent of the credits may be sold to other public
and private entities.``.
SEC. 5132. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.
Section 1043(b) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
121) is amended--
(1) in paragraph (3), by inserting ``or discrete segment``
after ``separable element`` each place it appears; and
(2) by adding at the end the following:
``(10) Definition of discrete segment.--In this subsection,
the term `discrete segment` means a physical portion of a
project or separable element that the non-Federal interest
can operate and maintain, independently and without creating
a hazard, in advance of final completion of the water
resources development project, or separable element
thereof.``.
SEC. 5133. COST SHARING FOR TERRITORIES AND INDIAN TRIBES.
Section 1156 of the Water Resources Development Act of 1986
(33 U.S.C. 2310) is amended by adding at the end the
following:
``(c) Application to Studies.--
``(1) Inclusion.--For purposes of this section, the term
`study` includes watershed assessments.
``(2) Application.--The Secretary shall apply the waiver
amount described in subsection (a) to reduce only the non-
Federal share of study costs.``.
[[Page S6382]]
SEC. 5134. WATER SUPPLY CONSERVATION.
Section 1116 of the WIIN Act (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 at least
2 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. 5135. 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, remote, and subsistence
harbors, taking into account the criteria provided in the
joint explanatory statement of managers accompanying division
D of the Consolidated Appropriations Act, 2021 (Public Law
116-260; 134 Stat. 1352).
(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.--For fiscal year 2024, and
biennially thereafter, in conjunction with the annual budget
submission of the President under section 1105(a) of title
31, United States Code, the Secretary shall submit to the
Committees on Environment and Public Works and Appropriations
of the Senate and the Committees on Transportation and
Infrastructure and Appropriations of the House of
Representatives a report that identifies the ranking of
projects in accordance with the criteria developed under
subsection (a).
SEC. 5136. PROTECTION OF LIGHTHOUSES.
Section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r) is amended by inserting ``lighthouses, including those
lighthouses with historical value,`` after ``schools,``.
SEC. 5137. 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 hydroelectric water resources development projects
of the Corps of Engineers; and
``(B) to develop new hydroelectric power at nonpowered
water resources development projects of the Corps of
Engineers.``.
SEC. 5138. MATERIALS, SERVICES, AND FUNDS FOR REPAIR,
RESTORATION, OR REHABILITATION OF CERTAIN
PUBLIC RECREATION FACILITIES.
(a) Definition of Eligible Public Recreation Facility.--In
this section, the term ``eligible public recreation
facility`` means a facility at a reservoir operated by the
Corps of Engineers that--
(1) was constructed to enable public use of and access to
the reservoir; and
(2) requires repair, restoration, or rehabilitation to
function.
(b) Authorization.--During a period of low water at an
eligible public recreation facility, the Secretary is
authorized--
(1) to accept and use materials, services, and funds from a
non-Federal interest to repair, restore, or rehabilitate the
facility; and
(2) to reimburse the non-Federal interest for the Federal
share of the materials, services, or funds.
(c) 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, section 8302 of
title 41, United States Code, and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) 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 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 shall certify
that the materials or services comply with all applicable
laws and regulations under subsection (c); and
(3) includes any other term or condition required by the
Secretary.
SEC. 5139. DREDGED MATERIAL MANAGEMENT PLANS.
(a) In General.--The Secretary shall prioritize
implementation of section 125(c) of the Water Resources
Development Act of 2020 (33 U.S.C. 2326h) at federally
authorized harbors in the State of Ohio.
(b) Requirements.--Each dredged material management plan
prepared by the Secretary under section 125(c) of the Water
Resources Development Act of 2020 (33 U.S.C. 2326h) for a
federally authorized harbor in the State of Ohio shall--
(1) include, in the baseline conditions, a prohibition on
use of funding for open-lake disposal of dredged material
consistent with section 105 of the Energy and Water
Development and Related Agencies Appropriations Act, 2022
(Public Law 117-103; 136 Stat. 217) ; and
(2) maximize 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)).
(c) Savings Provision.--This section does not--
(1) impose a prohibition on use of funding for open-lake
disposal of dredged material; or
(2) require the development or implementation of a dredged
material management plan in accordance with subsection (b) if
use of funding for open-lake disposal is not otherwise
prohibited by law.
SEC. 5140. LEASE DEVIATIONS.
The Secretary shall fully implement the requirements of
section 153 of the Water Resources Development Act of 2020
(134 Stat. 2658).
SEC. 5141. 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.
(c) Definitions.--In this section:
(1) Columbia river basin.--The term ``Columbia River
basin`` means the entire United States portion of the
Columbia River watershed.
(2) 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.
(3) 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. 5142. CONTINUATION OF CONSTRUCTION.
(a) In General.--The Secretary shall not include the amount
of Federal obligations incurred and non-Federal contributions
provided for an authorized water resources development
project during the period beginning on the date of enactment
of this Act and ending on September 30, 2025, for purposes of
determining if the cost of the project exceeds the maximum
cost of the project under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280).
[[Page S6383]]
(b) Continuation of Construction.--
(1) In general.--The Secretary shall not, solely on the
basis of section 902 of the Water Resources Development Act
of 1986 (33 U.S.C. 2280)--
(A) defer the initiation or continuation of construction of
a water resources development project during the period
described in subsection (a); or
(B) terminate a contract for design or construction of a
water resources development project entered into during the
period described in subsection (a) after expiration of that
period.
(2) Resumption of construction.--The Secretary shall resume
construction of any water resources development project for
which construction was deferred on the basis of section 902
of the Water Resources Development Act of 1986 (33 U.S.C.
2280) during the period beginning on October 1, 2021, and
ending on the date of enactment of this Act.
(c) 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 under section 902 of the Water Resources Development
Act of 1986 (33 U.S.C. 2280).
TITLE LII--STUDIES AND REPORTS
SEC. 5201. AUTHORIZATION OF FEASIBILITY STUDIES.
(a) In General.--The Secretary is authorized to investigate
the feasibility of the following projects:
(1) Project for ecosystem restoration, Mill Creek Levee and
Walla Walla River, Oregon.
(2) Project for flood risk management and ecosystem
restoration, Tittabawassee River, Chippewa River, Pine River,
and Tobacco River, Michigan.
(3) Project for flood risk management, Southeast Michigan.
(4) Project for flood risk management, McMicken Dam,
Arizona.
(5) Project for flood risk management, Ellicott City and
Howard County, Maryland.
(6) Project for flood risk management, Ten Mile River,
North Attleboro, Massachusetts.
(7) Project for flood risk management and water supply,
Fox-Wolf Basin, Wisconsin.
(8) Project for flood risk management and ecosystem
restoration, Thatchbed Island, Essex, Connecticut.
(9) Project for flood and coastal storm risk management,
Cape Fear River Basin, North Carolina.
(10) Project for flood risk management, Lower Clear Creek
and Dickinson Bayou, Texas.
(11) Project for flood risk management and ecosystem
restoration, the Resacas, Hidalgo and Cameron Counties,
Texas.
(12) Project for flood risk management, including levee
improvement, Papillion Creek, Nebraska.
(13) Project for flood risk management, Offutt Ditch Pump
Station, Nebraska.
(14) Project for flood risk management, navigation, and
ecosystem restoration, Mohawk River Basin, New York.
(15) Project for coastal storm risk management, Waikiki
Beach, Hawaii.
(16) Project for ecosystem restoration and coastal storm
risk management, Cumberland and Sea Islands, Georgia.
(17) Project for flood risk management, Wailupe Stream
watershed, Hawaii.
(18) Project for flood and coastal storm risk management,
Hawaii County, Hawaii.
(19) Project for coastal storm risk management, Maui
County, Hawaii.
(20) Project for flood risk management, Sarpy County,
Nebraska.
(21) Project for aquatic ecosystem restoration, including
habitat for endangered salmon, Columbia River Basin.
(22) Project for ecosystem restoration, flood risk
management, and recreation, Newport, Kentucky.
(23) Project for flood risk management and water supply,
Jenkins, Kentucky.
(24) Project for flood risk management, including riverbank
stabilization, Columbus, Kentucky.
(25) Project for flood and coastal storm risk management,
navigation, and ecosystem restoration, South Shore, Long
Island, New York.
(26) Project for flood risk management, coastal storm risk
management, navigation, ecosystem restoration, and water
supply, Blind Brook, New York.
(27) Project for navigation, Cumberland River, Kentucky.
(28) Project for ecosystem restoration and water supply,
Great Salt Lake, Utah.
(b) Project Modifications.--The Secretary is authorized to
investigate the feasibility of the following modifications to
the following projects:
(1) Modifications to the project for navigation, South
Haven Harbor, Michigan, for turning basin improvements.
(2) 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.
(3) Modifications to the project for flood control, Saint
Francis River Basin, Missouri and Arkansas, authorized by
section 204 of the Flood Control Act of 1950 (64 Stat. 172,
chapter 188), to provide flood risk management for the
tributaries and drainage of Straight Slough, Craighead,
Poinsett, and Cross Counties, Arkansas.
(4) 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.
(5) Modifications to the project for navigation, Savannah
Harbor, Georgia, without evaluation of additional deepening.
(6) Modifications to the project for navigation, Honolulu
Harbor, Hawaii, for navigation improvements and coastal storm
risk management.
(7) Modifications to the project for navigation, Port of
Ogdensburg, New York, including deepening.
(8) Modifications to the Huntington Local Protection
Project, Huntington, West Virginia.
SEC. 5202. SPECIAL RULES.
(a) The studies authorized by paragraphs (12) and (13) of
section 5201(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.
(b) The study authorized by section 5201(a)(17) shall be
considered a resumption and a continuation of the general
reevaluation initiated on December 30, 2003.
(c) In carrying out the study authorized by section
5201(a)(21), the Secretary shall only formulate measures and
alternatives to be consistent with the authorized purposes of
existing Federal projects while also maintaining the benefits
of such projects.
(d) In carrying out the study authorized by section
5201(a)(25), the Secretary shall study the South Shore of
Long Island, New York, as a whole system, including inlets
that are Federal channels.
(e) The studies authorized by section 5201(b) shall be
considered new phase investigations afforded the same
treatment as a general reevaluation.
SEC. 5203. EXPEDITED COMPLETION OF STUDIES.
(a) Feasibility Reports.--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 flood risk management,
North Adams, Massachusetts, authorized by section 5 of the
Act of June 22, 1936 (commonly known as the ``Flood Control
Act of 1936``) (49 Stat. 1572, chapter 688; 33 U.S.C. 701h),
and section 3 of the Act of August 18, 1941 (commonly known
as the ``Flood Control Act of 1941``) (55 Stat. 639, chapter
377), for flood risk management and ecosystem restoration.
(2) Project for coastal storm risk management, Charleston
Peninsula, South Carolina.
(3) Project for flood and coastal storm risk management and
ecosystem restoration, Boston North Shore, Revere, Saugus,
Lynn, Maiden, and Everett, Massachusetts.
(4) Project for flood risk management, De Soto County,
Mississippi.
(5) Project for coastal storm risk management, Chicago
shoreline, Illinois.
(6) Project for flood risk management, Cave Buttes Dam,
Arizona.
(7) 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.
(8) Project for ecosystem restoration, Herring River
Estuary, Barnstable County, Massachusetts, authorized by a
study resolution of the Committee on Transportation and
Infrastructure of the House of Representatives dated July 23,
1997.
(9) 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.
(10) Project for flood risk management, East Hartford Levee
System, Connecticut.
(11) Project for flood risk management, Rahway, New Jersey,
authorized by section 336 of the Water Resources Development
Act of 2020 (134 Stat. 2712).
(12) Project for coastal storm risk management, Sea Bright
to Manasquan, New Jersey.
(13) Project for coastal storm risk management, Raritan Bay
and Sandy Hook Bay, New Jersey.
(14) Project for coastal storm risk management, St. Tammany
Parish, Louisiana.
(15) Project for ecosystem restoration, Fox River,
Illinois, authorized by section 519 of the Water Resources
Development Act of 2000 (114 Stat. 2653).
(16) Project for ecosystem restoration, Chicago River,
Illinois.
(17) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(18) Project for ecosystem restoration, Western Everglades,
Florida.
(19) Modifications to the project for navigation, Hilo
Harbor, Hawaii.
(20) Project for flood risk management, Kanawha River
Basin, West Virginia, Virginia, North Carolina.
(21) Modifications to the project for navigation, Auke Bay,
Alaska.
(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)
[[Page S6384]]
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).
(3) 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) and modified by section 1403(a) of the Water
Resources Development Act of 2018 (132 Stat. 3840).
(4) Project for navigation, Port Everglades, Florida,
authorized by section 1401(1) of the Water Resources
Development Act of 2016 (130 Stat. 1709).
(c) Watershed and River Basin Assessments.--The Secretary
shall expedite the completion of the following assessments
under section 729 of the Water Resources Development Act of
1986 (33 U.S.C. 2267a):
(1) Great Lakes Coastal Resiliency Study, Illinois,
Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania,
and Wisconsin.
(2) Ouachita-Black Rivers, Arkansas and Louisiana.
(3) Project for watershed assessment, Hawaii County,
Hawaii.
(d) Disposition Study.--The Secretary shall expedite the
completion of the disposition study for the Los Angeles
County Drainage Area under section 216 of the Flood Control
Act of 1970 (33 U.S.C. 549a).
(e) Additional Direction.--The post-authorization change
report for the project described in subsection (b)(3) shall
be completed not later than December 31, 2023.
SEC. 5204. 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``;
(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``; and
(3) by adding at the end the following:
``(f) Treatment of Studies.--A study carried out under
subsection (b) shall be considered a new phase investigation
afforded the same treatment as a general reevaluation.``.
(b) Indian River Inlet Sand Bypass Plant.--For purposes of
the project for coastal storm risk management, Delaware Coast
Protection, 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 a
sand bypass plant.
SEC. 5205. 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) NEPA process.--
(A) In general.--The term ``NEPA process`` has the meaning
given the term in section 1508.1 of title 40, Code of Federal
Regulations (or a successor regulation).
(B) Period.--For purposes of subparagraph (A), the NEPA
process--
(i) begins on the date on which the Secretary initiates a
project study; and
(ii) ends on the date on which the Secretary issues, with
respect to the project study--
(I) a record of decision, including, if necessary, a
revised record of decision;
(II) a finding of no significant impact; or
(III) a categorical exclusion under title I of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(6) 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, 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 publicly available each annual report required under
paragraph (1).
SEC. 5206. GAO AUDIT OF PROJECTS OVER BUDGET OR BEHIND
SCHEDULE.
(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 review of the factors and conditions
for each ongoing water resources development project carried
out by the Secretary for which--
(1) the current estimated total project cost of the project
exceeds the original estimated total project cost of the
project by not less than $50,000,000; or
(2) the current estimated completion date of the project
exceeds the original estimated completion date of the project
by not less than 5 years.
(b) Report.--The Comptroller General of the United States
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 the review under subsection (a).
SEC. 5207. GAO STUDY ON PROJECT DISTRIBUTION.
(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 an analysis of the geographic
distribution of annual and supplemental funding for water
resources development projects carried out by the Secretary
over the previous 10 fiscal years and the factors that have
led to that distribution.
(b) Report.--The Comptroller General of the United States
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 the analysis under subsection (a).
SEC. 5208. GAO AUDIT OF JOINT COSTS FOR OPERATIONS AND
MAINTENANCE.
(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 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.
(b) Report.--The Comptroller General of the United States
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 the review under subsection (a) and any
recommendations that result from the review.
SEC. 5209. GAO REVIEW OF CORPS OF ENGINEERS MITIGATION
PRACTICES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall carry out a review of the water resources
development project mitigation practices of the Corps of
Engineers.
(b) Content.--The review under subsection (a) shall include
an evaluation of--
(1) the implementation by the Corps of Engineers of the
final rule issued on April 10, 2008, entitled ``Compensatory
Mitigation for Losses of Aquatic Resources`` (73 Fed. Reg.
19594), including, at a minimum--
(A) the extent to which the final rule is consistently
implemented by the districts of the Corps of Engineers; and
(B) the performance of each of the mitigation mechanisms
included in the final rule; and
(2) opportunities to utilize alternative methods to satisfy
mitigation requirements of water resources development
projects, including, at a minimum, performance-based
contracts.
(c) Report.--The Comptroller General of the United States
shall submit to the Committee on Environment and Public Works
of
[[Page S6385]]
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on
the findings of the review under subsection (a) and any
recommendations that result from the review.
(d) Definition of Performance-based Contract.--In this
section, 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 and successful
mitigation performance.
SEC. 5210. 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. 5211. GREAT LAKES RECREATIONAL BOATING.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall prepare, at full 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 section 455(c) of the Water Resources Development Act
of 1999 (42 U.S.C. 1962d-21(c)).
SEC. 5212. CENTRAL AND SOUTHERN FLORIDA.
(a) Evaluation and Report.--
(1) Evaluation.--On request and at the expense of the St.
Johns River Water Management District, the Secretary shall
evaluate the effects of deauthorizing the southernmost 3.5-
mile reach of the L-73 levee, Section 2, Osceola County,
Florida, on the functioning of the project for flood control
and other purposes, Upper St. Johns River Basin, Central and
Southern Florida, authorized by section 203 of the Flood
Control Act of 1948 (62 Stat. 1176).
(2) Report.--In carrying out the evaluation under paragraph
(1), the Secretary shall--
(A) prepare a report that includes the results of the
evaluation, including--
(i) the advisability of deauthorizing the levee described
in that paragraph; and
(ii) any recommendations for conditions that should be
placed on a deauthorization to protect the interests of the
United States and the public; and
(B) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the report
under subparagraph (A) as part of the annual report submitted
to Congress pursuant to section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d).
(b) Comprehensive Central and Southern Florida Study.--
(1) 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 central and southern Florida, for the
purposes of flood risk management, water supply, ecosystem
restoration (including preventing saltwater intrusion),
recreation, and related purposes.
(2) Requirements.--In carrying out the feasibility study
under paragraph (1), the Secretary--
(A) is authorized--
(i) to review the report of the Chief of Engineers for
central and southern Florida (House Document 643, 80th
Congress, 2d Session), and other related reports of the
Secretary; and
(ii) to recommend cost-effective structural and
nonstructural projects for implementation that provide a
systemwide approach for the purposes described in that
paragraph; and
(B) shall ensure the study and any projects recommended
under subparagraph (A)(ii) 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; 121 Stat.
1268; 132 Stat. 3786).
SEC. 5213. INVESTMENTS FOR RECREATION AREAS.
(a) Findings.--Congress finds the following:
(1) The Corps of Engineers operates more recreation areas
than any other Federal or State agency, apart from the
Department of the Interior.
(2) Nationally, visitors to nearly 600 dams and lakes,
managed by the Corps of Engineers, spend an estimated
$12,000,000,000 per year and support 500,000 jobs.
(3) Lakes managed by the Corps of Engineers are economic
drivers that support rural communities.
(b) 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.
(c) Report.--Not later than 180 days after the 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.
(d) Requirements.--The report under subsection (c) shall
include--
(1) a list of deferred maintenance projects, including
maintenance projects relating to recreational facilities,
sites, and associated access roads;
(2) a plan to fund the projects described in paragraph (1)
over the 5-year period following the date of enactment of
this Act;
(3) a description of efforts made by the Corps of Engineers
to coordinate investments in recreational facilities, 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. 5214. WESTERN INFRASTRUCTURE STUDY.
(a) Definitions of Natural Feature and Nature-based
Feature.--In this section, the terms ``natural feature`` and
``nature-based feature`` have the meanings given those terms
in section 1184(a) of the WIIN Act (33 U.S.C. 2289a(a)).
(b) Comprehensive Study.--The Secretary shall conduct a
comprehensive study (referred to in this section as the
``study``) to evaluate the effectiveness of carrying out
additional measures, including measures that utilize natural
features or nature-based features at or upstream of
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.
(c) Study Focus.--In conducting the study, the Secretary
shall include all reservoirs owned and operated by the
Secretary and reservoirs for which the Secretary has flood
control responsibilities under section 7 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act
of 1944``) (58 Stat. 890, chapter 665; 33 U.S.C. 709), in the
South Pacific Division of the Corps of Engineers.
(d) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the study, the Secretary
shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) other stakeholders, as determined appropriate by the
Secretary.
(2) Use of existing data and prior studies.--To the maximum
extent practicable and where appropriate, the Secretary may--
(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 latest technical data and scientific approaches
with respect to changing hydrological and climatic
conditions.
(e) 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--
(1) the results of the study; and
(2) any recommendations on site-specific areas where
additional study is recommended by the Secretary.
(f) Savings Provision.--Nothing in this section provides
authority to the Secretary to change the authorized purposes
at any of the reservoirs described in subsection (c).
SEC. 5215. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY
SYSTEM.
Section 8004(g) of the Water Resources Development Act of
2007 (33 U.S.C. 652 note; Public Law 110-114) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Report on water level management.--Not later than 1
year after the date of completion of the comprehensive plan
for Mississippi River water level management under section 22
of the Water Resources Development Act of 1974 (42 U.S.C.
1962d-16), 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 an implementation report on opportunities
identified in the comprehensive plan to expand the use of
water level management on the Upper Mississippi River and
Illinois Waterway System for the purpose of ecosystem
restoration.``.
SEC. 5216. WEST VIRGINIA HYDROPOWER.
(a) In General.--For water resources development projects
described in subsection (b), the Secretary is authorized--
(1) to evaluate the feasibility of modifications to such
projects for the purposes of adding Federal hydropower or
energy storage development; and
(2) to grant approval for the use of such projects for non-
Federal hydropower or energy storage development in
accordance with
[[Page S6386]]
section 14 of the Act of March 3, 1899 (commonly known as the
``Rivers and Harbors Act of 1899``) (30 Stat. 1152, chapter
425; 33 U.S.C. 408).
(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 (49 Stat. 1586,
chapter 688).
(2) Hildebrand Lock and Dam, Monongahela County, West
Virginia, authorized by section 101 of the River and Harbor
Act of 1950 (64 Stat. 166, chapter 188).
(3) Bluestone Lake, Summers County, West Virginia,
authorized by section 5 of the Act of June 22, 1936 (49 Stat.
1586, chapter 688).
(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 (49 Stat. 1586,
chapter 688).
(7) Burnsville Lake, Braxton County, West Virginia,
authorized by section 5 of the Act of June 22, 1936 (49 Stat.
1586, chapter 688).
(c) Demonstration Projects.--The authority for facility
modifications under subsection (a) includes demonstration
projects.
SEC. 5217. 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 prepared under
section 206 of the Water Resources Development Act of 2020
(134 Stat. 2680) at Corps of Engineers facilities located
within a distressed or at-risk county (as described in
subsection (a)(1) of that section) in Appalachia.
(b) Considerations.--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. 5218. 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. 5219. 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 that 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;
``(D) buffer zones; or
``(E) any combination of the approaches described in
subparagraphs (A) through (D).``.
SEC. 5220. REPORT ON CONCESSIONAIRE PRACTICES.
(a) In General.--Not later than 1 year 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 concessionaire lease
practices by the Corps of Engineers.
(b) Inclusions.--The report under subsection (a) shall
include, at a minimum--
(1) an assessment of the reasonableness of the formula of
the Corps of Engineers for calculating concessionaire rental
rates, taking into account the operating margins for sales of
food and fuel; and
(2) the process for assessing administrative fees to
concessionaires across districts of the Corps of Engineers.
TITLE LIII--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
SEC. 5301. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) 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``.
(b) 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--
(1) by striking ``$20,000,000`` and inserting
``$52,000,000``; and
(2) by striking ``Accomac`` and inserting ``Accomack``.
(c) Lakes Marion and Moultrie, South Carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 336; 130 Stat. 1677; 134 Stat.
2719) is amended by striking ``$110,000,000`` and inserting
``$151,500,000``.
(d) Lake County, Illinois.--Section 219(f)(54) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 114 Stat. 2763A-221) is amended--
(1) in the paragraph heading, by striking ``Cook county``
and inserting ``Cook county and lake county``; and
(2) by striking ``$35,000,000`` and inserting
``$100,000,000``.
(e) 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``.
(f) 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``.
(g) Los Angeles County, California.--Section 219(f) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1259) is amended by striking paragraph
(93) and inserting the following:
``(93) Los angeles county, california.--
``(A) In general.--$38,000,000 for wastewater and water
related infrastructure, Los Angeles County, California.
``(B) Eligibility.--The Water Replenishment District of
Southern California may be eligible for assistance under this
paragraph.``.
(h) Michigan.--Section 219(f)(157) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1262) is amended--
(1) by striking ``$35,000,000 for`` and inserting the
following:
``(A) In general.--$85,000,000 for``; and
(2) 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.``.
(i) 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.``.
(j) 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.``.
(k) Horry County, South Carolina.--Section 219(f) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1268) is amended by adding at the end
the following:
``(274) Horry county, south carolina.--$19,000,000 for
environmental infrastructure, including ocean outfalls, Horry
County, South Carolina.``.
(l) Lane County, Oregon.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1268) (as amended by subsection (k)) is
amended by adding at the end the following:
``(275) Lane county, oregon.--$20,000,000 for environmental
infrastructure, Lane County, Oregon.``.
(m) Placer County, California.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1268) (as amended by subsection (l)) is
amended by adding at the end the following:
``(276) Placer county, california.--$21,000,000 for
environmental infrastructure, Placer County, California.``.
(n) Alameda County, California.--Section 219(f) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1268) (as amended by subsection (m)) is
amended by adding at the end the following:
``(277) Alameda county, california.--$20,000,000 for
environmental infrastructure, Alameda County, California.``.
(o) Temecula City, California.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1268) (as amended by subsection (n)) is
amended by adding at the end the following:
``(278) Temecula city, california.--$18,000,000 for
environmental infrastructure, Temecula City, California.``.
(p) Yolo County, California.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1268) (as amended by subsection (o)) is
amended by adding at the end the following:
``(279) Yolo county, california.--$6,000,000 for
environmental infrastructure, Yolo County, California.``.
(q) Clinton, Mississippi.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1268) (as amended by subsection (p)) is
amended by adding at the end the following:
``(280) Clinton, mississippi.--$13,600,000 for
environmental infrastructure, including stormwater
management, drainage systems, and water quality enhancement,
Clinton, Mississippi.``.
[[Page S6387]]
(r) Oxford, Mississippi.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1268) (as amended by subsection (q)) is
amended by adding at the end the following:
``(281) Oxford, mississippi.--$10,000,000 for environmental
infrastructure, including stormwater management, drainage
systems, and water quality enhancement, Oxford,
Mississippi.``.
(s) Madison County, Mississippi.--Section 219(f) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1268) (as amended by subsection (r)) is
amended by adding at the end the following:
``(282) Madison county, mississippi.--$10,000,000 for
environmental infrastructure, including stormwater
management, drainage systems, and water quality enhancement,
Madison County, Mississippi.``.
(t) Rankin County, Mississippi.--Section 219(f) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1268) (as amended by subsection (s)) is
amended by adding at the end the following:
``(283) Rankin county, mississippi.--$10,000,000 for
environmental infrastructure, including stormwater
management, drainage systems, and water quality enhancement,
Rankin County, Mississippi.``.
(u) Meridian, Mississippi.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1268) (as amended by subsection (t)) is
amended by adding at the end the following:
``(284) Meridian, mississippi.--$10,000,000 for wastewater
infrastructure, including stormwater management, drainage
systems, and water quality enhancement, Meridian,
Mississippi.``.
(v) Delaware.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1268) (as amended by subsection (u)) is amended by
adding at the end the following:
``(285) Delaware.--$50,000,000 for sewer, stormwater system
improvements, storage treatment, environmental restoration,
and related water infrastructure, Delaware.``.
(w) Queens, New York.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1268) (as amended by subsection (v)) is
amended by adding at the end the following:
``(286) Queens, new york.--$20,000,000 for the design and
construction of stormwater management and improvements to
combined sewer overflows to reduce the risk of flood impacts,
Queens, New York.``.
(x) Georgia.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1268) (as amended by subsection (w)) is amended by
adding at the end the following:
``(287) Georgia.--$75,000,000 for environmental
infrastructure, 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, Hart County, Georgia.``.
(y) Maryland.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1268) (as amended by subsection (x)) is amended by
adding at the end the following:
``(288) Maryland.--$100,000,000 for water, wastewater, and
other environmental infrastructure, Maryland.``.
(z) Milwaukee Metropolitan Area, Wisconsin.--Section 219(f)
of the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1268) (as amended by
subsection (y)) is amended by adding at the end the
following:
``(289) Milwaukee metropolitan area, wisconsin.--$4,500,000
for water-related infrastructure, resource protection and
development, stormwater management, and reduction of combined
sewer overflows, Milwaukee metropolitan area, Wisconsin.``.
(aa) Hawaii.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1268) (as amended by subsection (z)) is amended by
adding at the end the following:
``(290) Hawaii.--$75,000,000 for water-related
infrastructure, resource protection and development,
wastewater treatment, water supply, urban storm water
conveyance, environmental restoration, and surface water
protection and development, Hawaii.``.
(bb) Alabama.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1268) (as amended by subsection (aa)) is amended by
adding at the end the following:
``(291) Alabama.--$50,000,000 for water, wastewater, and
other environmental infrastructure, Alabama.``.
(cc) Mississippi.--Section 592(g) of the Water Resources
Development Act of 1999 (113 Stat. 380; 123 Stat. 2851) is
amended by striking ``$200,000,000`` and inserting
``$300,000,000``.
(dd) Central New Mexico.--Section 593(h) of the Water
Resources Development Act of 1999 (113 Stat. 381; 119 Stat.
2255) is amended by striking ``$50,000,000`` and inserting
``$100,000,000``.
(ee) North Dakota and Ohio.--Section 594 of the Water
Resources Development Act of 1999 (113 Stat. 381; 121 Stat.
1140; 121 Stat. 1944) is amended 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).``.
(ff) Western Rural Water.--Section 595(i) of the Water
Resources Development Act of 1999 (113 Stat. 383; 134 Stat.
2719) is amended--
(1) in paragraph (1), by striking ``$435,000,000`` and
inserting ``$490,000,000``; and
(2) in paragraph (2), by striking ``$150,000,000`` and
inserting ``$200,000,000``.
(gg) Lake Champlain Watershed, Vermont and New York.--
Section 542 of the Water Resources Development Act of 2000
(114 Stat. 2671; 121 Stat. 1150) is amended--
(1) in subsection (b)(2)(C), by striking ``planning`` and
inserting ``clean water infrastructure planning, design, and
construction``; and
(2) in subsection (g), by striking ``$32,000,000`` and
inserting ``$100,000,000``.
(hh) Texas.--Section 5138 of the Water Resources
Development Act of 2007 (121 Stat. 1250) is amended--
(1) in subsection (b), by striking ``, as identified by the
Texas Water Development Board``;
(2) in subsection (e)(3), by inserting ``and construction``
after ``design work``;
(3) by redesignating subsection (g) as subsection (i); and
(4) by inserting after subsection (f) the following:
``(g) Nonprofit Entities.--In accordance with section
221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)), for any project carried out under this section, a
non-Federal interest may include a nonprofit entity with the
consent of the affected local government.
``(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.``.
SEC. 5302. 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``; and
(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.``.
(b) Clerical Amendment.--The table of contents contained in
section 1(b) of the Water Resources Development Act of 1992
(106 Stat. 4799) is amended by striking the item relating to
section 340 and inserting the following:
``Sec. 340. Southern West Virginia.``.
SEC. 5303. 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``; and
[[Page S6388]]
(4) in subsection (c), by striking ``central`` and
inserting ``northern``.
(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. 5304. LOCAL COOPERATION AGREEMENTS, 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--
(1) by striking ``$20,000,000 for water and wastewater``
and inserting the following:
``(A) In general.--$20,000,000 for water and wastewater``;
and
(2) 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 adopt a
model agreement developed in accordance with section 571(e)
of the Water Resources Development Act of 1999 (113 Stat.
371).``.
SEC. 5305. 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 full 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) Authorized Water Resources Development Projects
Described.--An authorized water resources development project
referred to in subsection (a) is any of the following:
(1) The Townsends Inlet to Cape May Inlet, New Jersey,
coastal storm risk management project, authorized by section
101(a)(26) of the Water Resources Development Act of 1999
(113 Stat. 278).
(2) The Folly Beach, South Carolina, coastal storm risk
management project, authorized by section 501(a) of the Water
Resources Development Act of 1986 (100 Stat. 4136) and
modified by section 108 of the Energy and Water Development
Appropriations Act, 1992 (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) and
modified by section 401(7) of the Water Resources Development
Act of 2020 (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) and modified by
section 401(7) of the Water Resources Development Act of 2020
(134 Stat. 2741).
(5) A project for coastal storm risk management for any
shore included in a project described in this subsection that
is specifically authorized by Congress on or after the date
of enactment of this Act.
(6) Emergency repair and restoration of any project
described in this subsection under section 5 of the Act of
August 18, 1941 (commonly known as the ``Flood Control Act of
1941``) (55 Stat. 650, chapter 377; 33 U.S.C. 701n).
(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. 5306. 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 indenting appropriately;
(2) in the matter preceding clause (i) (as so
redesignated), by striking ``Notwithstanding`` and inserting
the following:
``(A) In general.--Notwithstanding``;
(3) in subparagraph (A) (as so redesignated)--
(A) in clause (i) (as so redesignated)--
(i) by striking ``$200 million`` and inserting
``$200,000,000``; and
(ii) by striking ``and`` at the end;
(B) in clause (ii) (as so redesignated)--
(i) by inserting ``an amount equal to \2/3\ of`` after
``repays``; and
(ii) 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
(4) 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. 5307. MODIFICATIONS.
(a) In General.--The following modifications to studies and
projects are authorized:
(1) 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 90 percent.
(2) Great lakes and mississippi river interbasin project,
brandon road, will county, illinois.--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``.
(3) Lower mississippi river comprehensive management
study.--Section 213 of the Water Resources Development Act of
2020 (134 Stat. 2687) is amended by adding at the end the
following:
``(j) Cost-share.--The Federal share of the cost of the
comprehensive study described in subsection (a), and any
feasibility study described in subsection (e), shall be 90
percent.``.
(4) 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.--The Federal share of the cost of the
project described in subparagraph (A) shall be 90 percent.
(5) Chicago shoreline protection.--The project for storm
damage reduction and shore 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:
(A) Shoreline revetment at Morgan Shoal.
(B) Shoreline revetment at Promontory Point.
(6) Lower mud river, milton, west virginia.--
(A) In general.--Notwithstanding section 3170 of the Water
Resources Development Act of 2007 (121 Stat. 1154), 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), and
modified by section 340 of the Water Resources Development
Act of 2000 (114 Stat. 2612) and section 3170 of the Water
Resources Development Act of 2007 (121 Stat. 1154), shall be
90 percent.
(B) Land, easements, and rights-of-way.--For the project
described in subparagraph (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 directed in
an Act making annual appropriations for the Corps of
Engineers for a fiscal year in which the Secretary has
determined an additional appropriation is required to
continue or complete construction of the project described in
subparagraph (A), the project shall be eligible for
additional funding appropriated by that Act in the
Construction account of the Corps of Engineers--
(i) without a new investment decision; and
(ii) on the same terms as a project that is not the project
described in subparagraph (A).
(7) South shore 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 Staten
Island, New York, authorized by section 5401(3), 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) Agreements.--
(1) Studies and projects with multiple non-federal
interests.--At the request of the applicable non-Federal
interests for the project described in section 402(a) of the
Water Resources Development Act of 2020 (134 Stat. 2742) and
for the studies described in subsection (j) of section 213 of
that Act (134 Stat. 2687), the Secretary shall not require
those non-Federal interests to be jointly and severally
liable for all non-Federal obligations in the project
partnership agreement for the project or in the feasibility
cost share agreements for the studies.
(2) 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).
[[Page S6389]]
(B) Requirement.--The Secretary shall not, at any time,
defer, suspend, or terminate construction of the project
described in subparagraph (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 ``construction`` under the
heading ``CORPS OF ENGINEERS--CIVIL--DEPARTMENT OF THE ARMY``
in title IV of subdivision 1 of division B of the Bipartisan
Budget Act of 2018 (Public Law 115-123; 132 Stat. 76).
SEC. 5308. PORT FOURCHON, LOUISIANA, DREDGED MATERIAL
DISPOSAL PLAN.
The Secretary shall determine that the dredged material
disposal plan recommended in the document entitled ``Port
Fourchon Belle Pass Channel Deepening Project Section 203
Feasibility Study (January 2019, revised January 2020)`` is
the least cost, environmentally acceptable dredged material
disposal plan for the project for navigation, Port Fourchon
Belle Passe Channel, Louisiana, authorized by section
403(a)(4) of the Water Resources Development Act of 2020 (134
Stat. 2743).
SEC. 5309. DELAWARE SHORE PROTECTION AND RESTORATION.
(a) Delaware Beneficial Use of Dredged Material for the
Delaware River, Delaware.--
(1) In general.--The project for coastal storm risk
management, 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``), is
modified--
(A) to direct the Secretary to implement the project using
alternative borrow sources 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); and
(B) until the Secretary implements the modification under
subparagraph (A), to authorize the Secretary, at the request
of a non-Federal interest, to carry out initial construction
or periodic nourishments at any site included in the project
under--
(i) section 1122 of the Water Resources Development Act of
2016 (33 U.S.C. 2326 note; Public Law 114-322); or
(ii) section 204(d) of the Water Resources Development Act
of 1992 (33 U.S.C. 2326(d)).
(2) Treatment.--If the Secretary determines that a study is
required to carry out paragraph (1)(A), the study shall be
considered to be a continuation of the study that formulated
the project.
(3) Cost-share.--The Federal share of the cost of the
project, including the cost of any modifications carried out
under subsection (a)(1), shall be 90 percent.
(b) Indian River Inlet Sand Bypass Plant, Delaware.--
(1) In general.--The Indian River Inlet Sand Bypass Plant,
Delaware, coastal storm risk management project (referred to
in this subsection as the ``project``), 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 the 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) Requirements.--A cycle of periodic nourishment provided
pursuant to paragraph (1) shall be subject to the following
requirements:
(A) Cost-share.--The non-Federal share of the cost of a
cycle shall be the same percentage as the non-Federal share
of the cost to operate the sand bypass plant.
(B) Decision document.--If the Secretary determines that a
decision document is required to support a request for
funding for the Federal share of a cycle, the decision
document may be prepared using funds made available to the
Secretary for construction or for investigations.
(C) Treatment.--
(i) Decision document.--A decision document prepared under
subparagraph (B) shall not be subject to a new investment
determination.
(ii) Cycles.--A cycle shall be considered continuing
construction.
(c) Delaware Emergency Shore Restoration.--
(1) In general.--The Secretary is authorized to repair or
restore any beach or any federally authorized hurricane or
shore protective structure or project located in the State of
Delaware pursuant to section 5(a) of the Act of August 18,
1941 (commonly known as the ``Flood Control Act of 1941``)
(55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), if--
(A) the structure, project, or beach is damaged by wind,
wave, or water action associated with a storm of any
magnitude; and
(B) the damage prevents the adequate functioning of the
structure, project, or beach.
(2) Benefit-cost analysis.--The Secretary shall determine
that the benefits attributable to the objectives set forth in
section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-
2) and section 904(a) of the Water Resources Development Act
of 1986 (33 U.S.C. 2281(a)) exceed the cost for work carried
out under this subsection.
(3) 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 (commonly known as
the ``Flood Control Act of 1941``) (55 Stat. 650, chapter
377; 33 U.S.C. 701n(a)) to repair or restore a beach or
federally authorized hurricane or shore protection structure
or project located in the State of Delaware damaged or
destroyed by wind, wave, or water action of other than an
ordinary nature.
(d) Indian River Inlet and Bay, Delaware.--In carrying out
major maintenance of the project for navigation, Indian River
Inlet and Bay, Delaware, authorized by the Act of August 26,
1937 (50 Stat. 846, chapter 832), and section 2 of the Act of
March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall
repair, restore, or relocate any non-Federal facility or
other infrastructure, that has been damaged, in whole or in
part, by the deterioration or failure of the project.
(e) Reprogramming for Coastal Storm Risk Management Project
at Indian River Inlet.--
(1) In general.--Notwithstanding any other provision of
law, for each fiscal year, the Secretary may reprogram
amounts made available for a coastal storm risk management
project to use such amounts for the project for coastal storm
risk management, Indian River Inlet Sand Bypass Plant,
Delaware, 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. 5310. GREAT LAKES ADVANCE MEASURES ASSISTANCE.
Section 5(a) of the Act of August 18, 1941 (commonly known
as the ``Flood Control Act of 1941``) (55 Stat. 650, chapter
377; 33 U.S.C. 701n(a)) (as amended by section 5112(2)), is
amended by adding at the end the following:
``(7) Special rule.--
``(A) In general.--The Secretary shall not deny a request
from the Governor of a State to provide advance measures
assistance under this subsection 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.
``(B) Federal share.--Assistance provided by the Secretary
pursuant to a request under subparagraph (A) may be at full
Federal expense if the assistance is to construct advanced
measures to a temporary construction standard.``.
SEC. 5311. REHABILITATION OF EXISTING LEVEES.
Section 3017(e) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3303a note; Public Law
113-121) is amended--
(1) by striking ``this subsection`` and inserting ``this
section``; and
(2) by striking ``10 years`` and inserting ``20 years``.
SEC. 5312. PILOT PROGRAM 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; Public Law 116-260) is
amended--
(1) in subsection (b)(2)(C), by striking ``10``; and
(2) in subsection (c)--
(A) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``make a recommendation to Congress on up to
10 projects`` and inserting ``recommend projects to
Congress``; and
(B) by adding at the end the following:
``(5) Recommendations.--In recommending projects under
paragraph (2), the Secretary shall include such
recommendations in the next annual report submitted to
Congress under section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) after the date of
enactment of the Water Resources Development Act of 2022.``.
(b) Pilot Program for Caps in Small or Disadvantaged
Communities.--Section 165(a) of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
260) is amended--
(1) in paragraph (2)(B), by striking ``a total of 10``;
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) Maximum federal amount.--For a project carried out
under this subsection, the maximum Federal amount, if
applicable, shall be increased by the commensurate amount of
the non-Federal share that would otherwise be required for
the project under the applicable continuing authority
program.``.
SEC. 5313. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
PUMP STATIONS.
Section 133 of the Water Resources Development Act of 2020
(33 U.S.C. 2327a) is amended--
[[Page S6390]]
(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 that--
``(A) is a feature of a federally authorized flood or
coastal storm risk management project; or
``(B) if inoperable, would impair drainage of water from
areas interior to a 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 pump station has a major deficiency; and
``(2) the rehabilitation is feasible.``; and
(3) by striking subsection (f) and inserting the following:
``(f) Prioritization.--To the maximum extent practicable,
the Secretary shall prioritize the provision of assistance
under this section to economically disadvantaged
communities.``.
SEC. 5314. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND
PROTECTION PROGRAM.
Section 510(a)(2) of the Water Resources Development Act of
1996 (110 Stat. 3759; 128 Stat. 1317) is amended--
(1) in subparagraph (B), by inserting ``and streambanks``
after ``shorelines``;
(2) in subparagraph (E), by striking ``and`` at the end;
(3) by redesignating subparagraph (F) as subparagraph (H);
and
(4) by inserting after subparagraph (E) the following:
``(F) wastewater treatment and related facilities;
``(G) stormwater and drainage systems; and``.
SEC. 5315. 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 United States of America for
Water Supply and Flood Control in The Souris River Basin``,
signed in 1989.
SEC. 5316. MEMORANDUM OF UNDERSTANDING RELATING TO BALDHILL
DAM, NORTH DAKOTA.
The Secretary may enter into a memorandum of understanding
with the non-Federal interest for the Red River Valley Water
Supply Project to accommodate flows for downstream users
through Baldhill Dam, North Dakota.
SEC. 5317. 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. 5318. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
Section 128(c) of the Water Resources Development Act of
2020 (33 U.S.C. 610 note; Public Law 116-260) is amended by
inserting ``the Upper Mississippi River and its
tributaries,`` after ``New York,``.
SEC. 5319. COLLETON COUNTY, SOUTH CAROLINA.
Section 221(a)(4)(C)(i) of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b(a)(4)(C)(i)) shall not apply to
construction carried out by the non-Federal interest before
the date of enactment of this Act 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).
SEC. 5320. 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 a project 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 the project carried
out under subsection (b).``.
SEC. 5321. 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 ``or on land taken into
trust by the Secretary of the Interior on behalf of, and for
the benefit of, an Indian Tribe`` after ``land owned by the
United States``; and
(2) in subsection (f), by striking ``$30,000,000`` and
inserting ``$50,000,000``.
SEC. 5322. 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; Public Law 116-260) 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
less than 1 shall be carried out on the Tennessee-Tombigbee
Waterway`` before the period at the end.
SEC. 5323. FORMS OF ASSISTANCE.
Section 592(b) of the Water Resources Development Act of
1999 (113 Stat. 379) is amended 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``.
SEC. 5324. DEBRIS REMOVAL, NEW YORK HARBOR, NEW YORK.
(a) In General.--Beginning on the date of enactment of this
Act, the project for New York Harbor collection and removal
of drift, authorized by section 91 of the Water Resources
Development Act of 1974 (88 Stat. 39), and deauthorized
pursuant to section 6001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 579b) (as in effect on the
day before the date of enactment of the WIIN Act (130 Stat.
1628)), is authorized to be carried out by the Secretary.
(b) Feasibility Study.-- 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 the project described
in subsection (a).
SEC. 5325. 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``; and
(2) in subsection (g)(2)--
(A) 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
(B) in subparagraph (B), by inserting ``, hydrilla
(Hydrilla verticillata),`` after ``angustifolia)``.
SEC. 5326. WOLF RIVER HARBOR, TENNESSEE.
Beginning on the date of enactment of this Act, the project
for navigation, Wolf River Harbor, Tennessee, authorized by
title II of the Act of June 16, 1933 (48 Stat. 200, chapter
90) (commonly known as the ``National Industrial Recovery
Act``), and modified by section 203 of the Flood Control Act
of 1958 (72 Stat. 308), is modified to reduce the authorized
dimensions of the project, such that the remaining authorized
dimensions are a 250-foot-wide, 9-foot-depth channel with a
center line beginning at a point 35.139634, -90.062343 and
extending approximately 8,500 feet to a point 35.160848, -
90.050566.
SEC. 5327. MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA,
AND NEBRASKA.
The matter under the heading ``missouri river mitigation,
missouri, kansas, iowa, and nebraska`` in section 601(a) of
the Water Resources Development Act of 1986 (100 Stat. 4143;
121 Stat. 1155), as modified by section 334 of the Water
Resources Development Act of 1999 (113 Stat. 306), is amended
by adding at the end the following: ``When acquiring land to
meet the requirements of fish and wildlife mitigation, the
Secretary may consider incidental flood risk management
benefits.``.
SEC. 5328. INVASIVE SPECIES MANAGEMENT PILOT PROGRAM.
Section 104(f)(4) of the River and Harbor Act of 1958 (33
U.S.C. 610(f)(4)) is amended by striking ``2024`` and
inserting ``2026``.
SEC. 5329. NUECES COUNTY, TEXAS, CONVEYANCES.
(a) In General.--On receipt of a written request of the
Port of Corpus Christi, the Secretary shall--
(1) review the land owned and easements held by the United
States for purposes of navigation in Nueces County, Texas;
and
(2) convey to the Port of Corpus Christi or, in the case of
an easement, release to the owner of the fee title to the
land subject to such easement, without consideration, all
such land and easements described in paragraph (1) that the
Secretary determines are no longer required for project
purposes.
(b) Conditions.--
(1) Quitclaim deed.--Any conveyance of land under this
section shall be by quitclaim deed.
(2) Terms and conditions.--The Secretary may subject any
conveyance or release of easement under this section to such
terms and conditions as the Secretary determines necessary
and advisable to protect the United States.
(c) Administrative Costs.--In accordance with section 2695
of title 10, United States Code, the Port of Corpus Christi
shall be responsible for the costs incurred by the Secretary
to convey land or release easements under this section.
(d) Waiver of Real Property Screening Requirements.--
Section 2696 of title 10, United States Code, shall not apply
to the conveyance of land or release of easements under this
section.
SEC. 5330. 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
[[Page S6391]]
and erosion control, Yazoo Basin, Mississippi Delta
Headwaters, Mississippi, authorized by 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. 5331. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW
YORK AND NEW JERSEY.
(a) In General.--The Secretary may carry out additional
feasibility studies for ecosystem restoration, Hudson-Raritan
Estuary, New York and New Jersey, 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. 5332. TIMELY REIMBURSEMENT.
(a) Definition of Covered Project.--In this section, the
term ``covered project`` means a project for navigation
authorized by section 1401(1) of the WIIN Act (130 Stat.
1708).
(b) Reimbursement Required.--In the case of a covered
project for which the non-Federal interest has advanced funds
for construction of the project, the Secretary shall
reimburse the non-Federal interest for advanced funds 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. 5333. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH
CAROLINA.
Section 1319(c) of the WIIN Act (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
described in subparagraph (A) 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. 5334. LAKE TAHOE BASIN RESTORATION, NEVADA AND
CALIFORNIA.
(a) Definition.--In this section, the term ``Lake Tahoe
Basin`` means the entire watershed drainage of Lake Tahoe
including that portion of the Truckee River 1,000 feet
downstream from the United States Bureau of Reclamation dam
in Tahoe City, California.
(b) Establishment of Program.--The Secretary may establish
a program for providing environmental assistance to non-
Federal interests in Lake Tahoe Basin.
(c) Form of Assistance.--Assistance under this section may
be in the form of planning, design, and construction
assistance for water-related environmental infrastructure and
resource protection and development projects in Lake Tahoe
Basin--
(1) urban stormwater conveyance, treatment and related
facilities;
(2) watershed planning, science and research;
(3) environmental restoration; and
(4) surface water resource protection and development.
(d) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if
the project is publicly owned.
(e) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State and Regional officials, of
appropriate environmental documentation, engineering plans
and specifications.
(B) Legal and institutional structures.--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 project costs under
each local cooperation agreement entered into under this
subsection shall be 75 percent. The Federal share may be in
the form of grants or reimbursements of project costs.
(B) Credit for design work.--The non-Federal interest shall
receive credit for the reasonable costs of planning and
design work completed by the non-Federal interest before
entering into a local cooperation agreement with the
Secretary for a project.
(C) Land, easements, rights-of-way, and relocations.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations provided by the
non-Federal interest toward the non-Federal share of project
costs (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 not to 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.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section for the period
beginning with fiscal year 2005, $50,000,000, to remain
available until expended.
(h) Repeal.--Section 108 of division C of the Consolidated
Appropriations Act, 2005 (118 Stat. 2942), is repealed.
(i) Treatment.--The program authorized by this section
shall be considered a continuation of the program authorized
by section 108 of division C of the Consolidated
Appropriations Act, 2005 (118 Stat. 2942) (as in effect on
the day before the date of enactment of this Act).
SEC. 5335. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA
BASIN, CALIFORNIA.
Section 111 of title I of division B of the Miscellaneous
Appropriations Act, 2001 (as enacted by section 1(a)(4) of
the Consolidated Appropriations Act, 2001 (114 Stat. 2763;
114 Stat. 2763A-224; 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. 5336. 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)(A)--
(i) by inserting ``or coastal storm`` after ``flood``; and
(ii) by inserting ``including erosion control,`` after
``reduction,``;
(B) in paragraph (3), by adding at the end the following:
``(C) Federal interest determination.--The first $100,000
of the costs of a study under this section shall be at full
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 other
provision of law or requirement for economic justification
established under section 209 of the Flood Control Act of
1970 (42 U.S.C. 1962-2) for a project (other than a project
for ecosystem restoration), the Secretary may implement a
project under this section if the Secretary determines that
the project will--
``(A) significantly reduce potential flood or coastal storm
damages, which may include or be limited to damages due to
shoreline erosion or riverbank or streambank failures;
``(B) improve the quality of the environment;
``(C) reduce risks to life safety associated with the
damages described in subparagraph (A); and
``(D) improve the long-term viability of the community.``;
(3) in subsection (d)(5)(B)--
(A) by striking ``non-Federal`` and inserting ``Federal``;
and
(B) by striking ``50 percent`` and inserting ``100
percent``; and
(4) in subsection (e), by striking ``2024`` and inserting
``2033``.
SEC. 5337. 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. 5338. COPAN LAKE, OKLAHOMA.
(a) In General.--The Secretary shall amend Contract DACW56-
81-C-0114 between the United States and the Copan Public
Works Authority (referred to in this section as the
``Authority``), entered into on June 22, 1981, for the
utilization by the Authority of storage space for water
supply in Copan Lake, Oklahoma (referred to in this section
as the ``project``)--
(1) to release to the United States all rights of the
Authority to utilize 4,750 acre-feet of future use water
storage space; and
(2) to relieve the 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 execution of the contract amendment under
subsection (a), the Secretary shall--
[[Page S6392]]
(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).
SEC. 5339. ENHANCED DEVELOPMENT PROGRAM.
The Secretary shall fully implement opportunities for
enhanced development at Oklahoma Lakes 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. 5340. ECOSYSTEM RESTORATION COORDINATION.
(a) In General.--In carrying out 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), the Secretary shall coordinate to the maximum extent
practicable with the Administrator of the Environmental
Protection Agency, State environmental agencies, and regional
coordinating bodies responsible for the remediation of
toxics.
(b) Savings Provision.--Nothing in this section extends
liability to the Secretary for any remediation of toxics
present at the project site referred to in subsection (a)
prior to the date of authorization of that project.
SEC. 5341. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986
(100 Stat. 4232) 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.--Subject to section 903(a), the
Secretary shall carry out``; and
(B) by striking ``canals`` and all that follows through
``25 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 a federally recognized Indian Tribe.``;
(2) by redesignating subsection (c) as subsection (e);
(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) Costs.--
``(1) Total cost.--The measures described in subsection (b)
shall be carried out at a total cost of $80,000,000.
``(2) Cost sharing.--
``(A) In general.--Except as provided in subparagraph (B),
the non-Federal share of the cost of carrying out the
measures described in subsection (b) shall be 25 percent.
``(B) Special rule.--In the case of a project benefitting
an economically disadvantaged community (as defined pursuant
to section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260)), the Federal share
of the cost of carrying out the measures described in
subsection (b) shall be 90 percent.``; and
(4) in subsection (e) (as so redesignated)--
(A) in the first sentence--
(i) by striking ``(e) The Secretary is further authorized
and directed to`` and inserting the following:
``(e) Public Entity Status.--
``(1) In general.--The Secretary shall``; and
(ii) by inserting ``or belong to a federally recognized
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 pursuant
to paragraph (1) shall allow the officials of the Acequia
systems described in that paragraph``.
SEC. 5342. ROGERS COUNTY, OKLAHOMA.
(a) Conveyance.--The Secretary is authorized to convey to
the City of Tulsa-Rogers County Port Authority (referred to
in this section as the ``Port Authority``), for fair market
value, all right, title, and interest of the United States in
and to the Federal land described in subsection (b).
(b) Federal Land Described.--
(1) In general.--The Federal land to be conveyed under this
section is the approximately 176 acres of Federal land
located on the following 3 parcels in Rogers County,
Oklahoma:
(A) Parcel 1 includes 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 includes U.S. tract 124 (partial) and U.S.
tract 128 (partial).
(C) Parcel 3 includes U.S. tract 128 (partial).
(2) Determination required.--
(A) In general.--Subject to paragraph (1) and subparagraphs
(B), (C), and (D), the Secretary shall determine the exact
property description and acreage of the Federal land to be
conveyed under this section.
(B) Requirement.--In making the determination under
subparagraph (A), the Secretary shall reserve from conveyance
such easements, rights-of-way, and other interests as the
Secretary determines to be necessary and appropriate to
ensure the continued operation of the McClellan-Kerr Arkansas
River navigation project, including New Graham Lock and Dam
18 as a part of that project, as authorized under the
comprehensive plan for the Arkansas River Basin by section 3
of the Act of June 28, 1938 (52 Stat. 1218, chapter 795), and
section 10 of the Flood Control Act of 1946 (60 Stat. 647,
chapter 596) and where applicable the provisions of the River
and Harbor Act of 1946 (60 Stat. 634, chapter 595) and
modified by section 108 of the Energy and Water Development
Appropriation Act, 1988 (Public Law 100-202; 101 Stat. 1329-
112), and section 136 of the Energy and Water Development
Appropriations Act, 2004 (Public Law 108-137; 117 Stat.
1842).
(C) Obstructions to navigable capacity.--A conveyance under
this section shall not affect the jurisdiction of the
Secretary under section 10 of the Act of March 3, 1899
(commonly known as the ``Rivers and Harbors Act of 1899``)
(30 Stat. 1151, chapter 425; 33 U.S.C. 403) with respect to
the Federal land conveyed.
(D) Survey required.--The exact acreage and the legal
description of any Federal land conveyed under this section
shall be determined by a survey that is satisfactory to the
Secretary.
(c) Applicability.--Section 2696 of title 10, United States
Code, shall not apply to the conveyance under this section.
(d) Costs.--The Port Authority shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(e) Hold Harmless.--
(1) In general.--The Port Authority shall hold the United
States harmless from any liability with respect to activities
carried out on or after the date of the conveyance under this
section on the Federal land conveyed.
(2) Limitation.--The United States shall remain responsible
for any liability incurred with respect to activities carried
out before the date of the conveyance under this section on
the Federal land conveyed.
(f) Additional Terms and Conditions.--The Secretary may
require that the 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.
SEC. 5343. 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 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. 5344. NON-FEDERAL PAYMENT FLEXIBILITY.
Section 103(l) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(l)) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``At the request of`` in the first
sentence and inserting the following:
``(l) Delay of Payment.--
``(1) Initial payment.--At the request of``; and
(2) 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.``.
[[Page S6393]]
SEC. 5345. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration, North Padre Island,
Corpus Christi Bay, Texas, constructed by the Secretary prior
to the date of enactment of this Act 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 (commonly
known as the ``Flood Control Act of 1941``) (55 Stat. 650,
chapter 377; 33 U.S.C. 701n(a)).
SEC. 5346. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO
CERTAIN CONTRACT CLAIMS.
In a case in which the Armed Services Board of Contract
Appeals or a court of competent jurisdiction rendered a
decision on a date that was at least 20 years before the date
of enactment of this Act awarding damages to a contractor
relating to the adjudication of claims arising from the
construction of general navigation features of a project
carried out under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), notwithstanding the terms of the
Project Partnership Agreement, the Secretary shall waive
payment of the share of the non-Federal interest of such
damages, including attorney`s fees, if the Secretary--
(1) terminated construction of the project prior to
completion of all features; and
(2) has not collected payment from the non-Federal interest
before the date of enactment of this Act.
SEC. 5347. ALGIERS CANAL LEVEES, LOUISIANA.
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.
SEC. 5348. ISRAEL RIVER ICE CONTROL PROJECT, LANCASTER, NEW
HAMPSHIRE.
Beginning on the date of enactment of this Act, the project
for flood control, Israel River, Lancaster, New Hampshire,
authorized by section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s) is no longer authorized.
SEC. 5349. CITY OF EL DORADO, KANSAS.
The Secretary shall amend Contract DACW56-72-C-0220,
between the United States and the City of El Dorado, Kansas,
entered into on June 30, 1972, for the utilization by the
City of storage space for water supply in El Dorado Lake,
Kansas, 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 desires 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.
SEC. 5350. 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
unless the Secretary identifies a willing and capable non-
Federal public entity to assume ownership of the lock and
dam.
``(g) Modification.--The Secretary is authorized to
investigate the feasibility of modifying the Upper St.
Anthony Falls Lock and Dam to add ecosystem restoration,
including the prevention and control of invasive species, as
an authorized purpose.``.
SEC. 5351. REGIONAL CORPS OF ENGINEERS OFFICE, CORPUS
CHRISTI, TEXAS.
(a) In General.--At such time as new facilities are
available to the Corps of Engineers, and subject to this
section, the Secretary shall convey to the Port of Corpus
Christi Authority, by deed and without warranty, all right,
title, and interest of the United States in and to the
property described in subsection (c).
(b) Consideration.--Consideration for the conveyance under
subsection (a) shall be determined by an appraisal,
satisfactory to the Secretary, of the market value of the
property conveyed.
(c) Description of Property.--The property referred to in
subsection (a) is the land known as ``Tract 100`` and ``Tract
101``, including improvements on that land, in Corpus
Christi, Texas, and described as follows:
(1) 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.
(2) 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.
(3) Improvements.--
(A) Main Building (RPUID AO-C-3516), constructed January 9,
1974.
(B) Garage, vehicle with 5 bays (RPUID AO-C-3517),
constructed January 9, 1985.
(C) Bulkhead, Upper (RPUID AO-C-2658), constructed January
1, 1941.
(D) Bulkhead, Lower (RPUID AO-C-3520), constructed January
1, 1933.
(E) Bulkhead Fence (RPUID AO-C-3521), constructed January
9, 1985.
(F) Bulkhead Fence (RPUID AO-C-3522), constructed January
9, 1985.
(d) Terms and Conditions.--
(1) In general.--Before conveying the land described in
subsection (c) to the Port of Corpus Christi Authority, the
Secretary shall ensure that the conditions of buildings and
facilities meet applicable requirements under Federal law, as
determined by the Secretary.
(2) Improvements.--Improvements to conditions of buildings
and facilities on the land described in subsection (c), if
any, shall be incorporated into the consideration required
under subsection (b).
(3) Costs of conveyance.--In addition to the fair market
value for property rights conveyed, the Port of Corpus
Christi Authority shall be responsible for all reasonable and
necessary costs, including real estate transaction and
environmental documentation costs, associated with the
conveyance under subsection (a).
SEC. 5352. PILOT PROGRAM FOR GOOD NEIGHBOR AUTHORITY ON CORPS
OF ENGINEERS LAND.
(a) Definitions.--In this section:
(1) Authorized restoration services.--The term ``authorized
restoration services`` means similar and complementary
forest, rangeland, and watershed restoration services carried
out--
(A) on Federal land; and
(B) by the Secretary or Governor pursuant to a good
neighbor agreement.
(2) Federal land.--
(A) In general.--The term ``Federal land`` means land
within the State that is administered by the Corps of
Engineers.
(B) Exclusions.--The term ``Federal land`` does not
include--
(i) a component of the National Wilderness Preservation
System;
(ii) Federal land on which the removal of vegetation is
prohibited or restricted by an Act of Congress or a
Presidential proclamation (including the applicable
implementation plan); or
(iii) a wilderness study area.
(3) Forest, rangeland, and watershed services.--
(A) In general.--The term ``forest, rangeland, and
watershed restoration services`` means--
(i) activities to treat insect-infected and disease-
infected trees;
(ii) activities to reduce hazardous fuels; and
(iii) any other activities to restore or improve forest,
rangeland, and watershed health, including fish and wildlife
habitat.
(B) Exclusions.--The term ``forest, rangeland, and
watershed restoration services`` does not include--
(i) construction, reconstruction, repair, or restoration of
paved or permanent roads or parking areas, other than the
reconstruction, repair, or restoration of a road that is
necessary to carry out authorized restoration services
pursuant to a good neighbor agreement; and
(ii) construction, alteration, repair or replacement of
public buildings or public works.
(4) 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 Governor under subsection (b)(1)(A) to carry
out authorized restoration services under this section.
(5) Governor.--The term ``Governor`` means the Governor or
any other appropriate executive official of the State.
(6) Road.--The term ``road`` has the meaning given the term
in section 212.1 of title 36, Code of Federal Regulations (as
in effect on February 7, 2014).
(7) State.--The term ``State`` means the State of Idaho.
(b) Good Neighbor Agreements.--
(1) Good neighbor agreements.--
(A) In general.--The Secretary may carry out a pilot
program to enter into good neighbor agreements with the
Governor to carry out authorized restoration services in the
State in accordance with this section.
(B) Public availability.--The Secretary shall make each
good neighbor agreement available to the public.
(C) Administrative costs.--The Governor shall provide, and
the Secretary may accept and expend, funds to cover the costs
of the Secretary to enter into and administer a good neighbor
agreement.
(D) Termination.--The pilot program under subparagraph (A)
shall terminate on October 1, 2028.
(2) Timber sales.--
(A) Approval of silviculture prescriptions and marking
guides.--The Secretary shall provide or approve all
silviculture prescriptions and marking guides to be applied
on Federal land in all timber sale projects conducted under
this section.
(B) Treatment of revenue.--Except as provided in
subparagraph (C), funds received from the sale of timber by
the Governor under a good neighbor agreement shall be
retained and used by the Governor to carry out authorized
restoration services under the good neighbor agreement.
(C) Excess revenue.--
(i) In general.--Any funds remaining after carrying out
subparagraph (B) that are in excess of the amount provided by
the Governor to the Secretary under paragraph (1)(C) shall be
returned to the Secretary.
(ii) Applicability of certain provisions.--Funds returned
to the Secretary under clause (i) shall be subject to the
first part of
[[Page S6394]]
section 5 of the Act of June 13, 1902 (commonly known as the
``Rivers and Harbors Appropriations Act of 1902``) (32 Stat.
373, chapter 1079; 33 U.S.C. 558).
(3) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any
authorized restoration services to be provided under this
section on Federal land shall not be delegated to the
Governor.
SEC. 5353. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL,
IOWA.
(a) Project Modifications.--The project for flood risk
management 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 (commonly known as the ``Flood Control Act
of 1944``) (58 Stat. 896, chapter 665), and the project for
flood risk management, Des Moines Local Flood Protection, Des
Moines River, Iowa (referred to in this section as ``Flood
Protection Project``), authorized by section 10 of that Act
(58 Stat. 896, chapter 665), 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) 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) On counter-execution of the new or amended agreement
pursuant to the Federal easement conveyances 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) 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. 5354. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO
BELEN, NEW MEXICO.
In the case 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), the non-Federal
share of the cost of the project shall be the percentage
described in section 103(a)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(a)(2)) (as in effect
on the day before the date of enactment of the Water
Resources Development Act of 1996 (110 Stat. 3658)).
SEC. 5355. COMPREHENSIVE EVERGLADES RESTORATION PLAN,
FLORIDA.
(a) In General.--Section 601(e)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2685; 132 Stat. 3786) is
amended by striking subparagraph (E) and inserting the
following:
``(E) Periodic monitoring.--
``(i) In general.--To ensure that the contributions of the
non-Federal sponsor equal 50 percent proportionate share for
projects in the Plan, during each period of 5 fiscal years,
beginning on October 1, 2022, the Secretary shall, for each
project--
``(I) monitor the non-Federal provision of cash, in-kind
services, and land; and
``(II) manage, to the maximum extent practicable, the
requirement of the non-Federal sponsor to provide cash, in-
kind services, and land.
``(ii) Other monitoring.--The Secretary shall conduct
monitoring under clause (i) separately for the
preconstruction engineering and design phase and the
construction phase for each project in the Plan.
``(iii) Clarification.--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.--As applicable, and after including
consideration of all expenditures and obligations incurred by
the non-Federal sponsor for land and in-kind services for an
authorized project for which a project partnership agreement
has not been executed, the Secretary shall only require a
cash contribution from the non-Federal sponsor to satisfy the
cost share requirements of this subsection on the last day of
each period of 5 fiscal years under clause (i).``.
(b) Update.--The Secretary and the South Florida Water
Management District 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. 5356. MAINTENANCE DREDGING PERMITS.
(a) In General.--The Secretary shall, to the maximum extent
practicable and appropriate, prioritize the reissuance of any
regional general permit for maintenance dredging that expired
prior to May 1, 2021.
(b) Savings Provision.--Nothing in this section affects,
preempts, or interferes with 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. 5357. 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. 5358. 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 Indian
Reservation of Oregon, the Confederated Tribes and Bands of
the Yakama Nation, Nez Perce Tribe, and the Confederated
Tribes of the Umatilla Indian Reservation, shall revise and
carry out the village development plan for Dalles Dam,
Columbia River, Washington and Oregon, as authorized by
section 204 of the Flood Control Act of 1950 (64 Stat. 179,
chapter 188) to address adverse impacts to Indian villages,
housing sites, and related structures as a result of the
construction of 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, Oregon, as authorized by the first
section of the Act of August 30, 1935 (49 Stat. 1038, chapter
831) and the first section and section 2(a) of the Act of
August 20, 1937 (50 Stat. 731, chapter 720; 16 U.S.C. 832,
832a(a)).
(B) McNary Dam, Washington and Oregon, as authorized by
section 2 of the Act of March 2, 1945 (commonly known as the
``River and Harbor Act of 1945``) (59 Stat. 22, chapter 19).
(C) John Day Dam, Washington and Oregon, as authorized by
section 204 of the Flood Control Act of 1950 (64 Stat. 179,
chapter 188).
(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 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 under 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 under 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 clearances for
the construction of housing or related improvements on the
land or on the interests in land.
(3) Disposal of unsuitable land.--If the Secretary
determines that any land or interest in land acquired by the
Secretary under this section in advance of completion of all
required documentation for the construction of housing or
related improvements 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.
[[Page S6395]]
(d) Limitation.--The Secretary shall only acquire land from
willing landowners in carrying out this section.
(e) Conforming Amendment.--Section 1178(c) of the Water
Resources Development Act of 2016 (130 Stat. 1675; 132 Stat.
3781) is repealed.
SEC. 5359. 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.
(B) Townshend Lake, Vermont.
(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. 5360. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
DAMS.
Section 1177 of the Water Resources Development Act of 2016
(33 U.S.C. 467f-2 note; Public Law 114-322) is amended by
adding at the end the following:
``(g) Special Rule.--Notwithstanding subsection (c), the
non-Federal share of the cost to rehabilitate 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 Waterbury Dam.``.
SEC. 5361. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Section 528(f)(1)(J) of the Water Resources Development Act
of 1996 (110 Stat. 3771) is amended--
(1) by striking ``2 representatives`` and inserting ``3
representatives``; and
(2) by inserting ``at least 1 of which shall be a
representative of the Florida Department of Environmental
Protection and at least 1 of which shall be a representative
of the Florida Fish and Wildlife Conservation Commission,``
after ``Florida,``.
SEC. 5362. NEW MADRID COUNTY HARBOR, MISSOURI.
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.``.
SEC. 5363. TRINITY RIVER AND TRIBUTARIES, TEXAS.
Section 1201(7) of the Water Resources Development Act of
2018 (132 Stat. 3802) is amended by inserting ``flood risk
management, and ecosystem restoration,`` after
``navigation,``.
SEC. 5364. REND LAKE, CARLYLE LAKE, AND LAKE SHELBYVILLE,
ILLINOIS.
(a) In General.--Not later than 90 days after the date on
which the Secretary receives a request from the Governor of
Illinois to terminate a contract described in subsection (c),
the Secretary shall amend the contract to release to the
United States all rights of the State of Illinois to utilize
water storage space in the reservoir project to which the
contract applies.
(b) Relief of Certain Obligations.--On execution of an
amendment described in subsection (a), the State of Illinois
shall be relieved of the obligation to pay the percentage of
the annual operation and maintenance expense, the percentage
of major replacement cost, and the percentage of major
rehabilitation cost allocated to the water supply storage
specified in the contract for the reservoir project to which
the contract applies.
(c) Contracts.--Subsection (a) applies to the following
contracts between the United States and the State of
Illinois:
(1) Contract DACW43-88-C-0088, entered into on September
23, 1988, for utilization of storage space for water supply
in Rend Lake, Illinois.
(2) Contract DA-23-065-CIVENG-65-493, entered into on April
28, 1965, for utilization of storage space for water supply
in Rend Lake, Illinois.
(3) Contract DACW43-83-C-0008, entered into on July 6,
1983, for utilization of storage space in Carlyle Lake,
Illinois.
(4) Contract DACW43-83-C-0009, entered into on July 6,
1983, for utilization of storage space in Lake Shelbyville,
Illinois.
SEC. 5365. FEDERAL ASSISTANCE.
Section 1328(c) of the America`s Water Infrastructure Act
of 2018 (132 Stat. 3826) is amended by striking ``4 years``
and inserting ``8 years``.
SEC. 5366. 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 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 pursuant to
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--
(1) 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; and
(2) all costs and administrative expenses associated with
the transfer of land under subsection (a), including the
costs of--
(A) the survey under subsection (b)(2);
(B) compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(C) any coordination necessary with respect to requirements
related to endangered species, cultural resources, clean
water, and clean air.
SEC. 5367. LAKE BARKLEY, KENTUCKY, LAND CONVEYANCE.
(a) In General.--The Secretary is authorized to convey to
the Eddyville Riverport Authority (referred to in this
section as the ``Authority``), for fair market value, all
right, title, and interest of the United States in and to
approximately 2.2 acres of land adjacent to the southwestern
boundary of the port facilities of the Authority at the
Barkley Dam and Lake Barkley, Kentucky, project, authorized
by the River and Harbor Act of 1946 (60 Stat. 636, Public Law
79-525).
(b) Conditions.--
(1) Quitclaim deed.--Any conveyance of land under this
section shall be by quitclaim deed.
(2) Reservation of rights.--The Secretary shall reserve
from a conveyance of land under this section such easements,
rights-of-way, or other interests as the Secretary determines
to be necessary and appropriate to the ensure the continued
operation of the project described in subsection (a).
(3) Terms and conditions.--The Secretary may subject any
conveyance under this section to such terms and conditions as
the Secretary determines necessary and advisable to protect
the United States.
(c) Administrative Costs.--The Authority shall be
responsible for all reasonable and necessary costs, including
real estate transaction and environmental documentation
costs, associated with a conveyance under this section.
(d) Waiver of Real Property Screening Requirements.--
Section 2696 of title 10, United States Code, shall not apply
to the conveyance of land under this section.
TITLE LIV--WATER RESOURCES INFRASTRUCTURE
SEC. 5401. 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.--
[[Page S6396]]
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. AK Elim Subsistence March 12, Federal: $74,905,000
Harbor 2021 Non-Federal: $1,896,000
Total: $76,801,000
------------------------------------------------------------------------
2. CA Port of Long Beach October 14, Federal: $73,533,500
Deep Draft 2021; May Non-Federal: $74,995,500
Navigation, Los 31, 2022 Total: $148,529,000
Angeles
------------------------------------------------------------------------
3. WA Tacoma Harbor May 26, 2022 Federal: $120,701,000
Navigation Non-Federal: $174,627,000
Improvement Total: $295,328,000
------------------------------------------------------------------------
4. NY, New Jersey Harbor June 3, 2022 Federal: $2,124,561,500
NJ Deepening Channel Non-Federal: $3,439,337,500
Improvement Total: $5,563,899,000
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. AL Selma October 7, Federal: $15,533,100
2021 Non-Federal: $8,363,900
Total: $23,897,000
------------------------------------------------------------------------
2. CA Lower Cache Creek, June 21, 2021 Federal: $215,152,000
Yolo County, Non-Federal: $115,851,000
Woodland, and Total: $331,003,000
Vicinity
------------------------------------------------------------------------
3. OR Portland Metro August 20, Federal: $77,111,100
Levee System 2021 Non-Federal: $41,521,300
Total: $118,632,400
------------------------------------------------------------------------
4. NE Papillion Creek January 24, Federal: $91,491,400
and Tributaries 2022 Non-Federal: $52,156,300
Lakes Total: $143,647,700
------------------------------------------------------------------------
5. AL Valley Creek, October 29, Federal: $17,725,000
Bessemer and 2021 Non-Federal: $9,586,000
Birmingham Total: $27,311,000
------------------------------------------------------------------------
6. PR Rio Guanajibo May 24, 2022 Federal: $110,974,500
Non-Federal: $59,755,500
Total: $170,730,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. CT Fairfield and New January 19, Federal: $92,937,000
Haven Counties 2021 Non-Federal: $50,043,000
Total: $142,980,000
------------------------------------------------------------------------
2. PR San Juan Metro September 16, Federal: $245,418,000
2021 Non-Federal: $131,333,000
Total: $376,751,000
------------------------------------------------------------------------
3. FL Florida Keys, September 24, Federal: $1,513,531,000
Monroe County 2021 Non-Federal: $814,978,000
Total: $2,328,509,000
------------------------------------------------------------------------
[[Page S6397]]
4. FL Okaloosa County October 7, Initial Federal:
2021 $19,822,000
Initial Non-Federal:
$11,535,000
Initial Total: $31,357,000
Renourishment Federal:
$71,045,000
Renourishment Non-Federal:
$73,787,000
Renourishment Total:
$144,832,000
------------------------------------------------------------------------
5. SC Folly Beach October 26, Initial Federal:
2021 $45,490,000
Initial Non-Federal:
$5,054,000
Initial Total: $50,544,000
Renourishment Federal:
$164,424,000
Renourishment Non-Federal:
$26,767,000
Renourishment Total:
$191,191,000
------------------------------------------------------------------------
6. FL Pinellas County October 29, Initial Federal: $8,627,000
2021 Initial Non-Federal:
$5,332,000
Initial Total: $13,959,000
Renourishment Federal:
$92,000,000
Renourishment Non-Federal:
$101,690,000
Renourishment Total:
$193,690,000
------------------------------------------------------------------------
7. NY South Shore of October 27, Federal: $371,310,000
Staten Island, 2016 Non-Federal: $199,940,000
Fort Wadsworth to Total: $571,250,000
Oakwood Beach
------------------------------------------------------------------------
8. LA Upper Barataria January 28, Federal: $1,005,001,000
Basin 2022 Non-Federal: $541,155,000
Total: $1,546,156,000
------------------------------------------------------------------------
9. LA South Central June 23, 2022 Federal: $594,600,000
Coast, St. Non-Federal: $320,169,000
Martin, St. Mary, Total: $914,769,000
and Iberia
Parishes
------------------------------------------------------------------------
(4) Hurricane and storm damage reduction and ecosystem
restoration.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. TX Coastal Texas September 16, Federal: $19,237,894,000
Protection and 2021 Non-Federal:
Restoration $11,668,393,000
Feasibility Study Total: $30,906,287,000
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. CA Prado Basin April 22, Federal: $33,976,000
Ecosystem 2021 Non-Federal: $18,294,000
Restoration, San Total: $52,270,000
Bernardino,
Riverside and
Orange Counties
------------------------------------------------------------------------
2. KY Three Forks of May 24, 2022 Federal: $72,138,000
Beargrass Creek Non-Federal: $48,998,000
Total: $121,135,000
------------------------------------------------------------------------
(6) Modifications and other projects.--
[[Page S6398]]
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. LA Lake Pontchartrain December 16, Federal: $807,000,000
and Vicinity 2021 Non-Federal: $434,000,000
Total: $1,241,000,000
------------------------------------------------------------------------
2. LA West Bank and December 17, Federal: $431,000,000
Vicinity 2021 Non-Federal: $232,000,000
Total: $663,000,000
------------------------------------------------------------------------
3. GA Brunswick Harbor, March 11, Federal: $10,774,500
Glynn County 2022 Non-Federal: $3,594,500
Total: $14,369,000
------------------------------------------------------------------------
4. DC Washington, DC and July 22, 2021 Federal: $17,740,000
Vicinity Non-Federal: $0
Total: $17,740,000
------------------------------------------------------------------------
5. MI Soo Locks, Sault June 6, 2022 Federal: $2,932,116,000
Ste. Marie Non-Federal: $0
Total: $2,932,116,000
------------------------------------------------------------------------
6. WA Howard A. Hanson May 19, 2022 Federal: $815,207,000
Dam Additional Non-Federal: $39,979,000
Water Storage Total: $855,185,000
------------------------------------------------------------------------
7. MO Critical January 13, Federal: $5,956,404
Infrastructure 2020 Non-Federal: $0
Cyber Security - Total: $5,956,404
Mandatory Center
of Expertise Lab
and Office
Facility
------------------------------------------------------------------------
8. FL Central and May 31, 2022 Federal: $2,500,686,000
Southern Florida, Non-Federal: $2,500,686,000
Indian River Total: $5,001,372,000
Lagoon
------------------------------------------------------------------------
SEC. 5402. 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.--The non-Federal interest shall share in
the cost to study, design, and construct a project carried
out under this section in accordance with sections 103 and
105 of the Water Resources Development Act of 1986 (33 U.S.C.
2213, 2215), except that, in the case of a project
benefitting an economically disadvantaged community (as
defined pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
260)), the non-Federal share 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. 5403. EXPEDITED COMPLETION OF PROJECTS.
The Secretary shall expedite completion of the following
projects:
(1) Project for flood risk management, Cumberland,
Maryland, restoration and rewatering of the Chesapeake and
Ohio Canal, authorized by section 580 of the Water Resources
Development Act of 1999 (113 Stat. 375).
(2) 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).
(3) 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).
(4) Project for flood risk management, Rio De Flag,
Flagstaff, Arizona, authorized by section 101(b)(3) of the
Water Resources Development Act of 2000 (114 Stat. 2576).
(5) Project for flood risk management, Rose and Palm Garden
Washes, Arizona, authorized by section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s).
(6) Project for ecosystem restoration, El Corazon, Arizona,
authorized by section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2330).
(7) Projects for ecosystem restoration, Chesapeake Bay
Comprehensive Water Resources and Restoration Plan,
Chesapeake Bay Environmental Restoration and Protection
Program, authorized by section 510 of the Water Resources
Development Act of 1996 (110 Stat. 3759).
(8) Projects authorized under section 219 of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 334; 121 Stat. 1258).
(9) Projects authorized under section 8004 of the Water
Resources Development Act of 2007 (33 U.S.C. 652 note; Public
Law 110-114).
(10) Projects authorized under section 519 of the Water
Resources Development Act of 2000 (114 Stat. 2653).
(11) Project for flood risk management, Lower Santa Cruz
River, Arizona, authorized by section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s).
(12) Project for flood risk management, McCormick Wash,
Arizona, authorized by section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s).
(13) Project for navigation, including maintenance and
channel deepening, McClellan-Kerr Arkansas River Navigation
System.
(14) Project for dam safety modifications, Bluestone Dam,
West Virginia.
(15) 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 (32 Stat. 333, chapter 1079).
(16) Maintenance dredging and other authorized activities
to address the impacts of shoaling affecting the project for
navigation, Guilford Harbor and Sluice Channel, Connecticut.
(17) Maintenance dredging and other authorized activities
to address the impacts of shoaling affecting the project for
navigation, Milford Harbor, Connecticut.
(18) Assistance for ecosystem restoration, Lower
Yellowstone Intake Diversion Dam, Montana, authorized by
section 3109 of the Water Resources Development Act of 2007
(121 Stat. 1135).
(19) Project for mitigation of shore damage from navigation
works, Camp Ellis Beach, Saco, Maine, pursuant to section 111
of the River and Harbor Act of 1968 (33 U.S.C. 426i).
(20) Project for ecosystem restoration, Lower Blackstone
River, Rhode Island, pursuant to section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330).
[[Page S6399]]
(21) Project for navigation, Kentucky Lock Addition,
Kentucky.
(22) Maintenance dredging of the Federal channel for the
project for navigation, Columbia, Snake, and Clearwater
Rivers, Oregon, Washington, and Idaho, authorized by section
2 of the Act of March 2, 1945 (59 Stat. 21, chapter 19), at
the Port of Clarkston, Washington, and the Port of Lewiston,
Idaho.
(23) Maintenance dredging and other authorized activities
to address the impacts of shoaling affecting the project for
navigation, Portsmouth Back Channels and Sagamore Creek,
Portsmouth, New Castle, and Rye, New Hampshire, authorized by
section 107 of the River and Harbor Act of 1960 (33 U.S.C.
577).
(24) Maintenance dredging and other authorized activities
to address the impacts of shoaling affecting the project for
navigation, Portsmouth Harbor and Piscataqua River,
Portsmouth, New Castle, and Newington, New Hampshire, and
Kittery and Elliot, Maine, authorized by section 101 of the
River and Harbor Act of 1962 (76 Stat. 1173).
SEC. 5404. SPECIAL RULES.
(a) The following conditions apply to the project described
in section 5403(19):
(1) The project is authorized to be carried out under
section 111 of the River and Harbor Act of 1968 (33 U.S.C.
426i) at a Federal cost of $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), the Secretary
shall determine that the navigation works to which the shore
damages are attributable were constructed at full Federal
expense.
(b) The following conditions apply to the project described
in section 5403(20):
(1) The project is authorized to be carried out under
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330) at a Federal cost of $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 the
Federal agency that provides for the Secretary--
(A) to construct the measure; and
(B) to 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 the 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 a 100 percent non-Federal expense.
SEC. 5405. 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.--The assistance 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 under subsection (b), including projects
for--
(A) sediment and erosion control;
(B) protection of eroding shorelines;
(C) ecosystem restoration, including restoration of
submerged aquatic vegetation;
(D) protection of essential public works;
(E) beneficial uses of dredged material; and
(F) 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 subsection (a)(2).
(2) Coordination.--The restoration plan described in
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 restoration plan described in
paragraph (1) shall give priority to projects eligible under
subsection (a)(2) that will also improve water quality or
quantity or use natural hydrological features and systems.
(c) Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into an agreement with a
non-Federal interest for the design and construction of a
project carried out pursuant to the comprehensive
Chattahoochee River Basin restoration plan described in
subsection (b).
(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.--Except as provided in paragraph (2)(B),
the Federal share of the total project costs of 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 activities
carried out under an agreement under this section shall be
100 percent.
(e) 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 a State or political subdivision of a
State.
(f) 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.
(g) Project Cap.--The total cost of a project carried out
under this section may not exceed $15,000,000.
(h) 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.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $90,000,000.
SEC. 5406. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION
PROGRAM.
(a) 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.
(b) Establishment.--
(1) In general.--The Secretary shall establish a program to
provide 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 under subsection (c).
(B) Assistance.--Projects under subparagraph (A) may
include measures for--
(i) sediment control;
(ii) protection of eroding riverbanks and streambanks and
shorelines;
(iii) channel modifications;
(iv) beneficial uses of dredged material; or
(v) other related projects that may enhance the living
resources of the Lower Mississippi River Basin.
(c) 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 plan to guide the implementation of projects
under subsection (b)(2).
(2) Coordination.--The plan described in 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.--To the maximum extent practicable, the
plan described in paragraph (1) shall give priority to
projects eligible under subsection (b)(2) that will also
improve water quality, reduce hypoxia in the Lower
Mississippi River or Gulf of Mexico, or use a combination of
structural and nonstructural measures.
(d) Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into an agreement with a
non-Federal interest for the design and construction of a
project carried out pursuant to the comprehensive Lower
Mississippi River Basin plan described in subsection (c).
(2) Requirements.--Each agreement entered into under this
subsection shall provide for 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.
[[Page S6400]]
(e) 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 cost to design and
construct the project.
(B) Operation and maintenance costs.--The non-Federal share
of the costs of operation and maintenance of activities
carried out under an agreement under this section shall be
100 percent.
(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 a State or political subdivision of a
State.
(g) Project Cap.--The total cost of a project carried out
under this section may not exceed $15,000,000.
(h) 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 under this section, including a recommendation
on whether the program should be reauthorized.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $90,000,000.
SEC. 5407. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) 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.
(b) Report.--Not later than 1 year after completion of the
research study pilot program 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 on the results of the study pilot program.
SEC. 5408. MISSISSIPPI RIVER MAT SINKING UNIT.
The Secretary shall expedite the replacement of the
Mississippi River mat sinking unit.
SEC. 5409. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE.
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 the project.
DIVISION K--COAST GUARD AUTHORIZATION ACT OF 2022
SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Coast
Guard Authorization Act of 2022``.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION E--COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 5001. Short title; table of contents.
Sec. 5002. Definition of Commandant.
TITLE LI--AUTHORIZATIONS
Sec. 5101. Authorization of appropriations.
Sec. 5102. Authorized levels of military strength and training.
Sec. 5103. Authorization for shoreside infrastructure and facilities.
Sec. 5104. Authorization for acquisition of vessels.
Sec. 5105. Authorization for the child care subsidy program.
TITLE LII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 5201. Report on shoreside infrastructure and facilities needs.
Sec. 5202. Fleet mix analysis and shore infrastructure investment plan.
Sec. 5203. Acquisition life-cycle cost estimates.
Sec. 5204. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 5205. Study and report on national security and drug trafficking
threats in the Florida Straits and Caribbean region,
including Cuba.
Sec. 5206. Coast Guard Yard.
Sec. 5207. Authority to enter into transactions other than contracts
and grants to procure cost-effective technology for
mission needs.
Sec. 5208. Improvements to infrastructure and operations planning.
Sec. 5209. Aqua alert notification system pilot program.
Subtitle B--Great Lakes
Sec. 5211. Great Lakes winter commerce.
Sec. 5212. Database on icebreaking operations in the Great Lakes.
Sec. 5213. Great Lakes snowmobile acquisition plan.
Sec. 5214. Great Lakes barge inspection exemption.
Sec. 5215. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 5221. Establishment of the Arctic Security Cutter Program Office.
Sec. 5222. Arctic activities.
Sec. 5223. Study on Arctic operations and infrastructure.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 5231. Enhancing maritime cybersecurity.
Sec. 5232. Establishment of unmanned system program and autonomous
control and computer vision technology project.
Sec. 5233. Artificial intelligence strategy.
Sec. 5234. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 5235. Cyber data management.
Sec. 5236. Data management.
Sec. 5237. Study on cyber threats to the United States marine
transportation system.
Subtitle E--Aviation
Sec. 5241. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 5242. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 5243. Study on the operational availability of Coast Guard
aircraft and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 5251. Authorized strength.
Sec. 5252. Number and distribution of officers on active duty promotion
list.
Sec. 5253. Continuation on active duty of officers with critical
skills.
Sec. 5254. Career incentive pay for marine inspectors.
Sec. 5255. Expansion of the ability for selection board to recommend
officers of particular merit for promotion.
Sec. 5256. Modification to education loan repayment program.
Sec. 5257. Retirement of Vice Commandant.
Sec. 5258. Report on resignation and retirement processing times and
denial.
Sec. 5259. Physical disability evaluation system procedure review.
Sec. 5260. Expansion of authority for multirater assessments of certain
personnel.
Sec. 5261. Promotion parity.
Sec. 5262. Partnership program to diversify the Coast Guard.
Sec. 5263. Expansion of Coast Guard Junior Reserve Officers` Training
Corps.
Sec. 5264. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty members.
Sec. 5265. Strategy to enhance diversity through recruitment and
accession.
Sec. 5266. Support for Coast Guard Academy.
Sec. 5267. Training for congressional affairs personnel.
Sec. 5268. Strategy for retention of cuttermen.
Sec. 5269. Study on performance of Coast Guard Force Readiness Command.
Sec. 5270. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 5281. Budgeting of Coast Guard relating to certain operations.
Sec. 5282. Coast Guard assistance to United States Secret Service.
Sec. 5283. Conveyance of Coast Guard vessels for public purposes.
Sec. 5284. Authorization relating to certain intelligence and counter
intelligence activities of the Coast Guard.
Sec. 5285. Transfer and conveyance.
Sec. 5286. Transparency and oversight.
Sec. 5287. Study on safety inspection program for containers and
facilities.
Sec. 5288. Study on maritime law enforcement workload requirements.
Sec. 5289. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 5290. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
[[Page S6401]]
Sec. 5291. Operational data sharing capability.
Sec. 5292. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 5293. Assessment of Iran sanctions relief on Coast Guard
operations under the Joint Comprehensive Plan of Action.
Sec. 5294. Report on shipyards of Finland and Sweden.
Sec. 5295. Prohibition on construction contracts with entities
associated with the Chinese Communist Party.
Sec. 5296. Review of drug interdiction equipment and standards; testing
for fentanyl during interdiction operations.
Sec. 5297. Public availability of information on monthly migrant
interdictions.
TITLE LIII--ENVIRONMENT
Sec. 5301. Definition of Secretary.
Subtitle A--Marine Mammals
Sec. 5311. Definitions.
Sec. 5312. Assistance to ports to reduce the impacts of vessel traffic
and port operations on marine mammals.
Sec. 5313. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 5314. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 5315. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 5321. Improving oil spill preparedness.
Sec. 5322. Western Alaska oil spill planning criteria.
Sec. 5323. Accident and incident notification relating to pipelines.
Sec. 5324. Coast Guard claims processing costs.
Sec. 5325. Calculation of interest on debt owed to the national
pollution fund.
Sec. 5326. Per-incident limitation.
Sec. 5327. Access to the Oil Spill Liability Trust Fund.
Sec. 5328. Cost-reimbursable agreements.
Sec. 5329. Oil spill response review.
Sec. 5330. Review and report on limited indemnity provisions in standby
oil spill response contracts.
Sec. 5331. Additional exceptions to regulations for towing vessels.
Subtitle C--Environmental Compliance
Sec. 5341. Review of anchorage regulations.
Sec. 5342. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from the development of renewable
energy on the West Coast.
Subtitle D--Environmental Issues
Sec. 5351. Modifications to the Sport Fish Restoration and Boating
Trust Fund administration.
Sec. 5352. Improvements to Coast Guard communication with North Pacific
maritime and fishing industry.
Sec. 5353. Fishing safety training grants program.
Sec. 5354. Load lines.
Sec. 5355. Actions by National Marine Fisheries Service to increase
energy production.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 5361. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 5362. Enhancement of Seafood Import Monitoring Program Automated
Commercial Environment Message Set.
Sec. 5363. Data sharing and aggregation.
Sec. 5364. Import audits.
Sec. 5365. Availability of fisheries information.
Sec. 5366. Report on Seafood Import Monitoring Program.
Sec. 5367. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management to Combat
Human Trafficking
Sec. 5370. Denial of port privileges.
Sec. 5371. Identification and certification criteria.
Sec. 5372. Equivalent conservation measures.
Sec. 5373. Capacity building in foreign fisheries.
Sec. 5374. Training of United States Observers.
Sec. 5375. Regulations.
Sec. 5376. Use of Devices Broadcasting on AIS for Purposes of Marking
Fishing Gear.
TITLE LIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 5401. Coast Guard child care improvements.
Sec. 5402. Armed Forces access to Coast Guard child care facilities.
Sec. 5403. Cadet pregnancy policy improvements.
Sec. 5404. Combat-related special compensation.
Sec. 5405. Study on food security.
Subtitle B--Healthcare
Sec. 5421. Development of medical staffing standards for the Coast
Guard.
Sec. 5422. Healthcare system review and strategic plan.
Sec. 5423. Data collection and access to care.
Sec. 5424. Behavioral health policy.
Sec. 5425. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 5426. Improvements to the Physical Disability Evaluation System
and transition program.
Sec. 5427. Expansion of access to counseling.
Sec. 5428. Expansion of postgraduate opportunities for members of the
Coast Guard in medical and related fields.
Sec. 5429. Study on Coast Guard telemedicine program.
Sec. 5430. Study on Coast Guard medical facilities needs.
Subtitle C--Housing
Sec. 5441. Strategy to improve quality of life at remote units.
Sec. 5442. Study on Coast Guard housing access, cost, and challenges.
Sec. 5443. Audit of certain military housing conditions of enlisted
members of the Coast Guard in Key West, Florida.
Sec. 5444. Study on Coast Guard housing authorities and privatized
housing.
Subtitle D--Other Matters
Sec. 5451. Report on availability of emergency supplies for Coast Guard
personnel.
TITLE LV--MARITIME
Subtitle A--Vessel Safety
Sec. 5501. Abandoned Seafarers Fund amendments.
Sec. 5502. Receipts; international agreements for ice patrol services.
Sec. 5503. Passenger vessel security and safety requirements.
Sec. 5504. At-sea recovery operations pilot program.
Sec. 5505. Exoneration and limitation of liability for small passenger
vessels.
Sec. 5506. Moratorium on towing vessel inspection user fees.
Sec. 5507. Certain historic passenger vessels.
Sec. 5508. Coast Guard digital registration.
Sec. 5509. Responses to safety recommendations.
Sec. 5510. Comptroller General of the United States study and report on
the Coast Guard`s oversight of third party organizations.
Sec. 5511. Articulated tug-barge manning.
Sec. 5512. Alternate safety compliance program exception for certain
vessels.
Subtitle B--Other Matters
Sec. 5521. Definition of a stateless vessel.
Sec. 5522. Report on enforcement of coastwise laws.
Sec. 5523. Study on multi-level supply chain security strategy of the
department of homeland security.
Sec. 5524. Study to modernize the merchant mariner licensing and
documentation system.
Sec. 5525. Study and report on development and maintenance of mariner
records database.
Sec. 5526. Assessment regarding application process for merchant
mariner credentials.
Sec. 5527. Military to Mariners Act of 2022.
Sec. 5528. Floating dry docks.
TITLE LVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 5601. Definitions.
Sec. 5602. Convicted sex offender as grounds for denial.
Sec. 5603. Accommodation; notices.
Sec. 5604. Protection against discrimination.
Sec. 5605. Alcohol at sea.
Sec. 5606. Sexual harassment or sexual assault as grounds for
suspension and revocation.
Sec. 5607. Surveillance requirements.
Sec. 5608. Master key control.
Sec. 5609. Safety management systems.
Sec. 5610. Requirement to report sexual assault and harassment.
Sec. 5611. Access to care and sexual assault forensic examinations.
Sec. 5612. Reports to Congress.
Sec. 5613. Policy on requests for permanent changes of station or unit
transfers by persons who report being the victim of
sexual assault.
Sec. 5614. Sex offenses and personnel records.
Sec. 5615. Study on Coast Guard oversight and investigations.
Sec. 5616. Study on Special Victims` Counsel program.
TITLE LVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
Sec. 5701. Definitions.
Sec. 5702. Requirement for appointments.
Sec. 5703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 5704. Authority to provide awards and decorations.
Sec. 5705. Retirement and separation.
Sec. 5706. Improving professional mariner staffing.
[[Page S6402]]
Sec. 5707. Legal assistance.
Sec. 5708. Acquisition of aircraft for extreme weather reconnaissance.
Sec. 5709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 5711. Conveyance of certain property of the National Oceanic and
Atmospheric Administration in Juneau, Alaska.
TITLE LVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 5801. Technical correction.
Sec. 5802. Reinstatement.
Sec. 5803. Terms and vacancies.
TITLE LIX--RULE OF CONSTRUCTION
Sec. 5901. Rule of construction.
SEC. 5002. DEFINITION OF COMMANDANT.
In this division, the term ``Commandant`` means the
Commandant of the Coast Guard.
TITLE LI--AUTHORIZATIONS
SEC. 5101. 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) $2,459,100,000 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. 5102. 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), in the matter preceding paragraph
(1), by striking ``fiscal years 2020 and 2021`` and inserting
``fiscal years 2022 and 2023``.
SEC. 5103. AUTHORIZATION FOR SHORESIDE INFRASTRUCTURE AND
FACILITIES.
(a) In General.--In addition to the amounts authorized to
be appropriated under section 4902(2)(A) of title 14, United
States Code, as amended by section 5101 of this division, for
the period of fiscal years 2023 through 2028--
(1) $3,000,000,000 is authorized to fund maintenance, new
construction, and repairs needed for Coast Guard shoreside
infrastructure;
(2) $160,000,000 is authorized to fund phase two of the
recapitalization project at Coast Guard Training Center Cape
May in Cape May, New Jersey, to improve recruitment and
training of a diverse Coast Guard workforce; and
(3) $80,000,000 is authorized for the construction of
additional new child care development centers not constructed
using funds authorized by the Infrastructure Investment and
Jobs Act (Public Law 117-58; 135 Stat. 429).
(b) Coast Guard Yard Resilient Infrastructure and
Construction Improvement.--In addition to the amounts
authorized to be appropriated under section 4902(2)(A)(ii) of
title 14, United States Code, as amended by section 5101 of
this division--
(1) $400,000,000 is authorized for the period of fiscal
years 2023 through 2028 for the Secretary of the department
in which the Coast Guard is operating for the purposes of
improvements to facilities of the Yard; and
(2) $236,000,000 is authorized for the acquisition of a new
floating drydock, to remain available until expended.
SEC. 5104. AUTHORIZATION FOR ACQUISITION OF VESSELS.
In addition to the amounts authorized to be appropriated
under section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 5101 of this division, for the period
of fiscal years 2023 through 2028--
(1) $350,000,000 is authorized for the acquisition of a
Great Lakes icebreaker that is at least as capable as Coast
Guard cutter Mackinaw (WLBB-30);
(2) $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;
(3) $841,000,000 is authorized for the third Polar Security
Cutter;
(4) $20,000,000 is authorized for initiation of activities
to support acquisition of the Arctic Security Cutter class,
including program planning and requirements development to
include the establishment of an Arctic Security Cutter
Program Office;
(5) $650,000,000 is authorized for the continued
acquisition of Offshore Patrol Cutters; and
(6) $650,000,000 is authorized for a twelfth National
Security Cutter.
SEC. 5105. AUTHORIZATION FOR THE CHILD CARE SUBSIDY PROGRAM.
In addition to the amounts authorized to be appropriated
under section 4902(1)(A) of title 14, United States Code,
$25,000,000 is authorized to the Commandant for each of
fiscal years 2023 and 2024 for the child care subsidy
program.
TITLE LII--COAST GUARD
Subtitle A--Infrastructure and Assets
SEC. 5201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES
NEEDS.
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 shoreside infrastructure needs for
all Coast Guard facilities located within each Coast Guard
District in the order of priority, including
recapitalization, maintenance needs in excess of $25,000,
dredging, and other shoreside infrastructure needs of the
Coast Guard;
(2) the estimated cost of projects to fulfill such needs,
to the extent available; and
(3) a general description of the state of planning for each
such project.
SEC. 5202. 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 the
enactment of this Act, the Commandant shall submit to
Congress a report on the results of the updated fleet mix
analysis required by 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 by paragraph (1).
SEC. 5203. 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--
``(A) such life-cycle cost estimates to 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, to be developed to validate such
life-cycle cost estimates.``.
SEC. 5204. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR
WESTERN PACIFIC REGION.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
the 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 Coast Guard`s
resourcing needs 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
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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. 5205. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG
TRAFFICKING THREATS IN THE FLORIDA STRAITS AND
CARIBBEAN REGION, INCLUDING CUBA.
(a) In General.--The Commandant shall conduct a study on
national security, drug trafficking, and other relevant
threats as the Commandant considers appropriate, in the
Florida Straits and Caribbean region, including Cuba.
(b) Elements.--The study required by 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 new or developing threat to the United
States posed by illicit actors in such region.
(c) Report.--Not later than 2 years 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 on the results of
the study under subsection (a).
SEC. 5206. COAST GUARD YARD.
(a) In General.--With respect to the Coast Guard Yard, the
purposes of the authorization under section 5103(b) are--
(1) to improve resilience and capacity;
(2) to maintain and expand Coast Guard organic
manufacturing capacity;
(3) to expand training and recruitment;
(4) to enhance safety;
(5) to improve environmental compliance; and
(6) to ensure that the Coast Guard Yard is prepared to meet
the growing needs of the modern Coast Guard fleet.
(b) Inclusions.--The Secretary of the department in which
the Coast Guard is operating 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 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 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. 5207. 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 develop prototypes
for, and to operate and procure, cost-effective technology
for the purpose of meeting the mission needs of the Coast
Guard.
``(b) Procurement and Acquisition.--Procurement or
acquisition of technologies under subsection (a) shall be--
``(1) carried out in accordance with this title and Coast
Guard policies and guidance; and
``(2) consistent with the operational requirements of the
Coast Guard.
``(c) Limitations.--
``(1) In general.--The Commandant may not enter into a
transaction under subsection (a) with respect to a technology
that--
``(A) does not comply with the cybersecurity standards of
the Coast Guard; or
``(B) is sourced from an entity domiciled in the People`s
Republic of China, unless the Commandant determines that the
prototype, operation, or procurement of such a technology is
for the purpose of--
``(i) counter-UAS operations, surrogate testing, or
training; or
``(ii) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.
``(2) Waiver.--The Commandant may waive the application
under paragraph (1) on a case-by-case basis by certifying in
writing to the Secretary of Homeland Security and the
appropriate committees of Congress that the prototype,
operation, or procurement of the applicable technology is in
the national interests of the United States.
``(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, or other innovative forms of
contracting, are provided opportunities for adequate
education and training with respect to the authority under
this section.
``(e) Report.--
``(1) In general.--Not later than 5 years after the date of
the enactment of this section, the Commandant shall submit to
the appropriate committees of Congress a report that--
``(A) describes the use of the authority pursuant to 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.
``(f) Regulations.--The Commandant shall prescribe
regulations as necessary to carry out this section.
``(g) Definitions of Unmanned Aircraft, Unmanned Aircraft
System, and Counter-UAS.--In this section, the terms
`unmanned aircraft`, `unmanned aircraft system`, and
`counter-UAS` have the meanings given such terms in section
44801 of title 49, United States Code.``.
(b) Clerical Amendment.--The analysis for subchapter III of
chapter 11 of title 14, United States Code, is amended by
adding at the end the following:
``1158. Authority to enter into transactions other than contracts and
grants to procure cost-effective technology for mission
needs.
SEC. 5208. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS
PLANNING.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act,
[[Page S6404]]
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 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 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 so doing.
SEC. 5209. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of
the 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.--The pilot program established
under subsection (a) shall, to the maximum extent possible--
(1) include a voluntary opt-in program under which members
of the public, 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
the 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.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Commandant to carry out this
section $3,000,000 for each of fiscal years 2023 through
2026, to remain available until expended.
Subtitle B--Great Lakes
SEC. 5211. GREAT LAKES WINTER COMMERCE.
(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. Great Lakes icebreaking operations
``(a) GAO Report.--
``(1) In general.--Not later than 1 year after the date of
the 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 Coast Guard Great Lakes
icebreaking program.
``(2) Elements.--The report required under paragraph (1)
shall include the following:
``(A) An evaluation of the economic impact of vessel delays
or cancellations associated with ice coverage on the Great
Lakes.
``(B) An evaluation of mission needs of the Coast Guard
Great Lakes icebreaking program.
``(C) An evaluation of the impact that the proposed
standards described in subsection (b) would have on--
``(i) Coast Guard operations in the Great Lakes;
``(ii) Northeast icebreaking missions; and
``(iii) inland waterway operations.
``(D) A fleet mix analysis for meeting such proposed
standards.
``(E) A description of the resources necessary to support
the fleet mix resulting from such fleet mix analysis,
including for crew and operating costs.
``(F) 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.
``(b) Proposed Standards for Icebreaking Operations.--The
proposed standards described in this subsection are the
following:
``(1) Except as provided in paragraph (2), 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.
``(2) 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.
``(c) Report by Commandant.--Not later than 90 days after
the date on which the Comptroller General submits the report
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 that includes the
following:
``(1) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under
subparagraph (F) of subsection (a)(2) the Commandant
considers appropriate.
``(2) With respect to any recommendation made under such
subparagraph that the Commandant declines to implement, a
justification for such decision.
``(3) A review of, and a proposed implementation plan for,
the results of the fleet mix analysis under subparagraph (D)
of that subsection.
``(4) Any proposed modifications to the standards for
icebreaking operations in the Great Lakes.
``(d) 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,
Lake Erie, and Lake Ontario, their connecting waterways, and
their adjacent harbors.
``(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--
``(A) to extricate vessels and individuals from danger;
``(B) to prevent damage due to flooding;
``(C) to meet the reasonable demands of commerce;
``(D) to minimize delays to passenger ferries; and
``(E) to 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.``.
(b) Clerical Amendment.--The analysis for chapter 5 of
title 14, United States Code, is amended by adding at the end
the following:
``564. Great Lakes icebreaking operations.
SEC. 5212. DATABASE ON ICEBREAKING OPERATIONS IN THE 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 so transiting 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
internet website of the Coast Guard.
[[Page S6405]]
(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) 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 of the department in
which the Coast Guard is operating 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,
Lake Erie, and Lake Ontario, their connecting waterways, and
their adjacent harbors.
(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--
(A) to extricate vessels and individuals from danger;
(B) to prevent damage due to flooding;
(C) to meet the reasonable demands of commerce;
(D) to minimize delays to passenger ferries; and
(E) to 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.
(g) 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 internet
website of the Coast Guard a report on the cost to the Coast
Guard of meeting the requirements of that section.
SEC. 5213. GREAT LAKES SNOWMOBILE ACQUISITION PLAN.
(a) In General.--The Commandant shall develop a plan to
expand snowmobile procurement for Coast Guard units at which
snowmobiles may improve ice rescue response times while
maintaining the safety of Coast Guard personnel engaged in
search and rescue. The plan must include consideration of
input from Officers in Charge, Commanding Officers, and
Commanders of impacted units.
(b) Elements.--The plan required by subsection (a) shall
include--
(1) a consideration of input from officers in charge,
commanding officers, and commanders of affected Coast Guard
units;
(2) a detailed description of the estimated costs of
procuring, maintaining, and training members of the Coast
Guard at affected 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 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 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 rescue activities.
(c) Public Availability.--Not later than 1 year after the
date of the enactment of this Act, the Commandant shall
finalize the plan required by subsection (a) and make the
plan available on a publicly accessible internet website of
the Coast Guard.
SEC. 5214. 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. 5215. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION
ASSETS TO MEET MISSION DEMANDS.
(a) In General.--Not later than 1 year 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 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 by 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 9 and Coast
Guard District 8 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 9 and Coast Guard District 8, 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. 5221. ESTABLISHMENT OF THE ARCTIC SECURITY CUTTER
PROGRAM OFFICE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Commandant shall establish a
program office for the acquisition of the Arctic Security
Cutter to expedite the evaluation of requirements and
initiate design of a vessel class critical to the national
security of the United States.
(b) Design Phase.--Not later than 270 days after the date
of the enactment of this Act, the Commandant shall initiate
the design phase of the Arctic Security Cutter vessel class.
(c) Quarterly Briefings.--Not less frequently than
quarterly until the date on which the contract for
acquisition of the Arctic Security Cutter is awarded, the
Commandant 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 on the status of requirements evaluations,
design of the vessel, and schedule of the program.
SEC. 5222. ARCTIC ACTIVITIES.
(a) 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).
(b) Arctic Operational Implementation Report.--Not later
than 1 year after the date of the enactment of this Act, the
Secretary of the department in which the Coast Guard is
operating shall submit a report to the appropriate committees
of Congress that describes the ability and timeline to
conduct a transit of the Northern Sea Route and periodic
transits of the Northwest Passage.
SEC. 5223. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of
the 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.
Subtitle D--Maritime Cyber and Artificial Intelligence
SEC. 5231. ENHANCING MARITIME CYBERSECURITY.
(a) Definitions.--In this section:
(1) Cyber incident.--The term ``cyber incident`` has the
meaning given the term ``incident`` in section 2209(a) of the
Homeland Security Act of 2002 (6 U.S.C. 659(a)).
(2) Maritime operators.--The term ``maritime operators``
means the owners or operators of vessels engaged in
commercial service, the owners or operators of port
facilities, and port authorities.
(3) Port facilities.--The term ``port facilities`` has the
meaning given the term ``facility`` in section 70101 of title
46.
(b) Public Availability of Cybersecurity Tools and
Resources.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Commandant, in coordination
with the Administrator of the Maritime Administration, the
Director of the Cybersecurity and
[[Page S6406]]
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. 5232. 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.--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 by
paragraph (1), the Commandant shall collect and evaluate
field-collected operational data from the retrofit described
in that paragraph so as 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 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 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 defined in section
44801 of title 49, United States Code);
``(2) an unmanned marine surface system; and
``(3) an unmanned marine subsurface system.
``(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.``.
(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.
SEC. 5233. ARTIFICIAL INTELLIGENCE STRATEGY.
(a) Establishment of Activities.--
(1) In general.--The Commandant shall establish a set of
activities to coordinate the efforts of the Coast Guard to
develop and mature artificial intelligence technologies and
transition such technologies into operational use where
appropriate.
(2) Emphasis.--The set of activities established under
paragraph (1) shall--
(A) apply 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
the 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 activities relating to
the development and demonstration of artificial intelligence
and machine learning for the Coast Guard.
(2) Duties.--
(A) Strategic plan.--
(i) In general.--The designated official shall develop a
detailed strategic plan to develop, mature, adopt, and
transition artificial intelligence technologies into
operational use where appropriate.
(ii) Elements.--The plan required by clause (i) shall
include the following:
(I) A strategic roadmap for the identification and
coordination of the development and fielding of artificial
intelligence technologies and key enabling capabilities.
(II) The continuous evaluation and adaptation of relevant
artificial intelligence capabilities developed by the Coast
Guard and by other organizations for military missions and
business operations.
(iii) Submission to commandant.--Not later than 2 years
after the date of the enactment of this Act, the designated
official shall submit to the Commandant the plan developed
under clause (i).
(B) Governance and oversight of artificial intelligence and
machine learning policy.--The designated official shall
regularly convene appropriate officials of the Coast Guard--
(i) to integrate the functional activities of the Coast
Guard with respect to artificial intelligence and machine
learning;
(ii) to ensure that there are efficient and effective
artificial intelligence and machine-learning capabilities
throughout the Coast Guard; and
(iii) to develop and continuously improve research,
innovation, policy, joint processes, and procedures to
facilitate the development, acquisition, integration,
advancement, oversight, and sustainment of artificial
intelligence and machine learning throughout the Coast Guard.
(c) Acceleration of Development and Fielding of Artificial
Intelligence.--To the extent practicable, the Commandant
shall--
(1) use the flexibility of regulations, personnel,
acquisition, partnerships with industry and academia, or
other relevant policies of the Coast Guard to accelerate the
development and fielding of artificial intelligence
capabilities;
(2) ensure engagement with defense and private industries,
research universities, and unaffiliated, nonprofit research
institutions;
(3) provide technical advice and support to entities in the
Coast Guard to optimize the use of artificial intelligence
and machine-learning technologies to meet Coast Guard
missions;
(4) support the development of requirements for artificial
intelligence capabilities that address the highest priority
capability gaps of the Coast Guard and technical feasibility;
(5) develop and support capabilities for technical analysis
and assessment of threat capabilities based on artificial
intelligence;
(6) identify the workforce and capabilities needed to
support the artificial intelligence capabilities and
requirements of the Coast Guard;
(7) develop classification guidance for all artificial
intelligence-related activities of the Coast Guard;
(8) work with appropriate officials to develop appropriate
ethical, legal, and other policies for the Coast Guard
governing the development and use of artificial intelligence-
enabled systems and technologies in operational situations;
and
(9) ensure--
(A) that artificial intelligence programs of the Coast
Guard are consistent with this section; and
(B) appropriate coordination of artificial intelligence
activities of the Coast Guard with interagency, industry, and
international efforts relating to artificial intelligence,
including relevant participation in standards-setting bodies.
(d) Interim Strategic Plan.--
(1) In general.--The Commandant shall develop a strategic
plan to develop, mature, adopt, and transition artificial
intelligence technologies into operational use where
appropriate, that is informed by the plan developed by the
designated official under subsection (b)(2)(A).
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Each element described in clause (ii) of subsection
(b)(2)(A).
(B) A consideration of the identification, adoption, and
procurement of artificial intelligence technologies for use
in operational and mission support activities.
(3) Coordination.--In developing the plan required by
paragraph (1), the Commandant shall coordinate and engage
with defense and private industries, research universities,
and unaffiliated, nonprofit research institutions.
(4) Submission to congress.--Not later than 1 year 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 the plan developed under paragraph (1).
SEC. 5234. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) In General.--Not later than 2 years after the date of
the 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;
[[Page S6407]]
(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 by 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. 5235. 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 the
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. 5236. DATA MANAGEMENT.
The Commandant shall develop data workflows and processes
for the leveraging of mission-relevant data by the Coast
Guard to enhance operational effectiveness and efficiency.
SEC. 5237. STUDY ON CYBER THREATS TO THE UNITED STATES MARINE
TRANSPORTATION SYSTEM.
(a) In General.--Not later than 1 year after the date of
the 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 by 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 parts
104, 105, or 106 of title 33 of the Code of Federal
Regulations, as in effect on the date of the 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 by subsection (a), the Comptroller General
shall submit a report on the findings of the study to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
(d) Definition of Facility.--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. 5241. 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)(1) The Coast Guard 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) Not later than 1 year after the date on which the
program is established, the Commandant shall develop a policy
for its operation.
``(b)(1) The Commandant shall operate the program in a
budget-neutral manner.
``(2)(A) 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) The Commandant may make de minimis expenditures of
resources required for the administrative aspects of the
program.
``(3) Eligible individuals described in subsection (c)
shall not be required to reimburse the Coast Guard for travel
provided under this section.
``(c) 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, in the discretion of the Commandant, considers
appropriate.
``(d) 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 by 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)(1) Notwithstanding subsection (d)(1), in establishing
space-available transportation priorities under the program,
the
[[Page S6408]]
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) 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 that Commonwealth or possession.
``(3) 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) 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) 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)(1) 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) 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) 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 subchapter I of
chapter 5 of title 14, United States Code, is amended by
adding at the end the following:
``509. Space-available travel on Coast Guard aircraft.
SEC. 5242. REPORT ON COAST GUARD AIR STATION BARBERS POINT
HANGAR.
(a) In General.--Not later than 180 days after the date of
the 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 $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).
(2) An evaluation of the full facilities requirements for
such hangar 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.
(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. 5243. STUDY ON THE 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
the 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 by 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 Coast Guard`s
ability 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 by
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 by 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; 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 by 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. 5251. 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 Selected Reserve of the Coast Guard Reserve 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 such a
variation is in the national interest.
``(d) The Commandant may increase the authorized end
strength of the Selected Reserve of the Coast Guard Reserve
by a number equal to not more than 2 percent of such
authorized end strength upon a determination by the
Commandant that such an increase would enhance manning and
readiness in essential units or in critical specialties or
ratings.``.
SEC. 5252. 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 7,400.
``(2) Temporary increase.--Notwithstanding paragraph (1),
the Commandant
[[Page S6409]]
may temporarily increase the total number of commissioned
officers permitted under that 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.--If the Commandant increases pursuant
to paragraph (2) the total number of commissioned officers
permitted under paragraph (1), the Commandant shall notify
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of the number of officers on
the active duty promotion list on the last day of the
preceding 30-day period--
``(A) not later than 30 days after such increase; and
``(B) every 30 days thereafter until the total number of
commissioned officers no longer exceeds the total number of
commissioned officers permitted under paragraph (1).``.
(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(a) of title 31, 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 number of Coast Guard
officers who are serving at other Federal agencies on a
reimbursable basis, and the number of Coast Guard officers
who are serving at other Federal agencies on a non-
reimbursable basis but are 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. 5253. CONTINUATION ON ACTIVE DUTY OF OFFICERS WITH
CRITICAL SKILLS.
(a) In General.--Subchapter II of chapter 21 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2166. Continuation on active duty of officers with
critical skills
``(a) In General.--The Commandant may authorize an officer
in any grade above grade O-2 to remain on active duty after
the date otherwise provided for the retirement of the 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 Skill, Specialty, or Career Field.--The
Commandant shall designate 1 or more critical skills,
specialties, or career fields for purposes of 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 that specifies 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 subchapter II of
chapter 21 of title 14, United States Code, is amended by
adding at the end the following:
``2166. Continuation on active duty of officers with critical skills.
SEC. 5254. CAREER INCENTIVE PAY FOR MARINE INSPECTORS.
(a) Authority To Provide Assignment Pay or Special Duty
Pay.--The Secretary of the department in which the Coast
Guard is operating 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
the enactment of this Act, and annually thereafter, the
Secretary of the department in which the Coast Guard is
operating 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 by 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 of the department in which the Coast Guard is
operating 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
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating, 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 in such
positions for a period of not less than least 10 years.
(2) Elements.--The study required by 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 of the department in
which the Coast Guard is operating considers appropriate.
(3) Report.--On completion of the study required by
paragraph (1), the Secretary of the department in which the
Coast Guard is operating 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, 2027, unless the study
required by subsection (c) is completed and submitted as
required by that subsection.
SEC. 5255. EXPANSION OF THE 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. 5256. 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: members on
active duty in specified military specialties
``(a)(1) 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) Repayment of any such loan shall be made on the basis
of each complete year of service performed by the borrower.
``(3) 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) 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) 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) Nothing in this section shall be construed to
authorize refunding any repayment of a loan.
``(e) A person who transfers from service making the person
eligible for repayment of loans under this section (as
described in subsection (a)(3)) to service making the person
eligible for repayment of loans under section
[[Page S6410]]
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) 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) Except a person described in subsection (e) who
transfers to service making the person 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) 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 subchapter III of
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: members on active duty in
specified military specialties.
SEC. 5257. 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. 5258. REPORT ON RESIGNATION AND RETIREMENT PROCESSING
TIMES AND DENIAL.
(a) In General.--Not later than 30 days after the date of
the 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 by subsection (a) shall
include the following 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. 5259. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE
REVIEW.
(a) Study.--
(1) In general.--Not later than 3 years after the date of
the 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.--The study required by paragraph (1) 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 their
functions in a manner that is impartial, including being able
to perform their functions without undue pressure or
interference by the command of the affected member of the
Coast Guard, the Personnel Service Center, and the United
States Coast Guard Office of the Judge Advocate General.
(E) The frequency 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, and the
frequency of so doing at each member pay grade.
(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 by
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 and 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. 5260. 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.--A reviewee shall not be permitted to
select the peers and subordinates who provide opinions for
his or her multirater assessment.
``(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
the 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 this
section.
(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.
[[Page S6411]]
SEC. 5261. 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 section 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 subchapter I of
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.
[[Page S6412]]
``(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. 5262. PARTNERSHIP PROGRAM TO DIVERSIFY THE COAST GUARD.
(a) Establishment.--The Commandant shall establish a
program for the purpose of increasing the number of
underrepresented minorities in the enlisted ranks of the
Coast Guard.
(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
entities--
(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) Eligible Institution Defined.--In this section, the
term ``eligible institution`` means--
(1) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001));
(2) an institution that provides a level of educational
attainment that is less than a bachelor`s degree;
(3) a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061));
(4) a Tribal College or University (as defined in section
316(b) of that Act (20 U.S.C. 1059c(b)));
(5) a Hispanic-serving institution (as defined in section
502 of that Act (20 U.S.C. 1101a));
(6) an Alaska Native-serving institution or a Native
Hawaiian-serving institution (as defined in section 317(b) of
that Act (20 U.S.C. 1059d(b)));
(7) a Predominantly Black institution (as defined in
section 371(c) of that Act (20 U.S.C. 1071q(c)));
(8) an Asian American and Native American Pacific Islander-
serving institution (as defined in such section); and
(9) a Native American-serving nontribal institution (as
defined in such section).
SEC. 5263. 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 the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall provide to
Congress an estimate of the costs associated with
implementing the amendments made by this section.
SEC. 5264. 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
the 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 training shall be provided at officer and
accession points and at leadership courses managed by the
Coast Guard 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. 5265. 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
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 on the strategy
developed under subsection (a).
(2) Elements.--The report required by 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 Coast Guard`s overall diversity and inclusion
action plan.
(C) A description of the manner in which existing programs
and partnerships will be modified or expanded to enhance
diversity in recruiting and accession at the high school and
higher education levels.
SEC. 5266. 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) 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) 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) 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) 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) 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 its 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.
[[Page S6413]]
``(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)
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) 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)--
``(A) do not reflect unfavorably on the ability of the
Coast Guard, any employee of the Coast Guard, or any member
of the armed forces (as 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) Service on Qualified Organization Board of
Directors.--A qualified organization is a designated entity
for which authorization under sections 1033(a) and 1589(a) of
title 10, may be provided.
``(h) 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 qualify as a nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986 and operates
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.
``(i) Qualified Organization Defined.--In this section, the
term `qualified organization` means an organization--
``(1) described in subsection (c)(3) of section 501 of the
Internal Revenue Code of 1986 and exempt from taxation under
subsection (a) of that section; and
``(2) 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: authority to manage appropriated
funds in same manner as nonappropriated funds
``(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 subchapter II of
chapter 9 of title 14, United States Code, is amended by
adding at the end the following:
``953. Support for Coast Guard Academy.
``954. Mixed-funded athletic and recreational extracurricular programs:
authority to manage appropriated funds in same manner as
nonappropriated funds.
SEC. 5267. 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,
administrative staff for the Coast Guard Office of
Congressional and Governmental Affairs, or any Coast Guard
district or area governmental affairs officer.
``(b) Course Subject Matter.--
``(1) In general.--The training course required by 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 their staff 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 the receiving
congressional office, the training course required by 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. 5268. 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
diverse workforce serving on Coast Guard cutters.
(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 their career progression.
(2) A review of current officer requirements for afloat
positions 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 high-speed
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.
[[Page S6414]]
(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.
SEC. 5269. STUDY ON PERFORMANCE OF COAST GUARD FORCE
READINESS COMMAND.
(a) In General.--Not later than 1 year after the date of
the 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 by 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 assessed 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. 5270. 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 by 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 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 on the findings of
the study conducted under subsection (a).
Subtitle G--Miscellaneous Provisions
SEC. 5281. BUDGETING OF COAST GUARD RELATING TO CERTAIN
OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States
Code, as amended by section 5252(b), is further amended by
adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense
readiness missions and other activities unrelated to Coast
Guard missions
``Not later than 1 year after the date of the 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 Coast Guard`s defense readiness
mission; 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 5252(b),
is further amended by adding at the end the following:
``5114. Expenses of performing and executing defense readiness missions
or other activities unrelated to Coast Guard missions.
SEC. 5282. COAST GUARD ASSISTANCE TO UNITED STATES SECRET
SERVICE.
Section 6 of the Presidential Protection Assistance Act of
1976 (18 U.S.C. 3056 note) is amended--
(1) by striking ``Executive departments`` and inserting the
following:
``(a) Except as provided in subsection (b), Executive
departments``;
(2) by striking ``Director; except that the Department of
Defense and the Coast Guard shall provide such assistance``
and inserting the following: ``Director.
``(b)(1) Subject to paragraph (2), the Department of
Defense and the Coast Guard shall provide assistance
described in subsection (a)``; and
(3) by adding at the end the following:
``(2)(A) For fiscal year 2022, and each fiscal year
thereafter, the total cost of assistance described in
subsection (a) provided by the Coast Guard on a
nonreimbursable basis shall not exceed $15,000,000.
``(B) The Coast Guard may provide assistance described in
subsection (a) during a fiscal year in addition to the amount
specified in subparagraph (A) on a reimbursable basis.``.
SEC. 5283. 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 section 5241 of 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, as amended by section 5241
of this Act, is 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 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 Coast Guard Authorization Act of
2022`` after ``such title``; and
(C) in paragraph (3), by striking ``of the Coast Guard``.
SEC. 5284. AUTHORIZATION RELATING TO CERTAIN INTELLIGENCE AND
COUNTER INTELLIGENCE ACTIVITIES OF THE COAST
GUARD.
(a) Authorization.--Consistent with the policies,
procedures, and coordination required pursuant to section 811
of the Counterintelligence and Security Enhancements Act of
1994 (50 U.S.C. 3381) and section 902 of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382),
the Commandant may expend amounts made available for the
intelligence and counterintelligence activities of the Coast
Guard to conduct such an activity without regard to any other
provision of law or regulation relating to the expenditure of
Government funds, if the object of the activity is of a
confidential, extraordinary, or emergency nature.
(b) Quarterly Report.--At the beginning of each fiscal
quarter, the Commandant shall submit to the appropriate
committees of Congress a report that includes, for each
individual expenditure during the preceding fiscal quarter
under subsection (a), the following:
(1) A detailed description of the purpose of such
expenditure.
(2) The amount of such expenditure.
(3) An identification of the approving authority for such
expenditure.
(4) A justification as to why other authorities available
to the Coast Guard could not be used for such expenditure.
(5) Any other matter the Commandant considers appropriate.
(c) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress`` means--
(1) the Committee on Commerce, Science, and Transportation
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Transportation and Infrastructure and
the Permanent Select Committee on Intelligence of the House
of Representatives.
(d) Sunset.--This section shall cease to have effect on the
date that is 3 years after the date of the enactment of this
Act.
SEC. 5285. TRANSFER AND CONVEYANCE.
(a) In General.--
[[Page S6415]]
(1) Requirement.--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, to free the Coast Guard of liability
for any unforeseen environmental or remediation of substances
unknown that may exist on, or emanate from, such parcel.
(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. 5286. TRANSPARENCY AND OVERSIGHT.
(a) Notification.--
(1) In general.--Subject to subsection (b), the Secretary
of the department in which the Coast Guard is operating, or
the designee of the Secretary, shall notify the appropriate
committees of Congress and the Coast Guard Office of
Congressional and Governmental Affairs not later than 3 full
business days before--
(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 on a Coast Guard
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 Secretary of the department in which
the Coast Guard is operating determines that compliance with
subsection (a) would pose a substantial risk to human life,
health, or safety, the Secretary--
(1) may make an award or issue a letter described in that
subsection without the notification required under that
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.
SEC. 5287. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS
AND FACILITIES.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commandant, in consultation
with the Commissioner of U.S. Customs and Border Protection,
shall complete a study on the safety inspection program for
containers (as defined in section 80501 of title 46, United
States Code) and designated waterfront facilities receiving
containers.
(b) Elements.--The study required by 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 assessment as to whether such training programs
adequately prepare future leaders for leadership positions in
the Coast Guard.
(5) 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
date of the 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 on
the findings of the study required by subsection (a),
including the personnel and resource requirements necessary
for such program.
SEC. 5288. STUDY ON MARITIME LAW ENFORCEMENT WORKLOAD
REQUIREMENTS.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall commence a
study that assesses the maritime law enforcement workload
requirements of the Coast Guard.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) For each of the 10 years immediately preceding the date
of the enactment of this Act, an analysis of--
(i) the total number of migrant interdictions, and Coast
Guard sectors in which such interdictions occurred;
(ii) the total number of drug interdictions, the amount and
type of drugs interdicted, and the Coast Guard sectors in
which such interdictions occurred;
(iii) the physical assets used for drug interdictions,
migrant interdictions, and other law enforcement purposes;
and
(iv) the total number of Coast Guard personnel who carried
out drug interdictions, migrant interdictions, and other law
enforcement activities.
(B) An assessment of--
(i) migrant and drug interdictions and other law
enforcement activities along the maritime boundaries of the
United States, including the maritime boundaries of the
northern and southern continental United States and Alaska;
(ii) Federal policies and procedures related to immigration
and asylum, and the associated impact of such policies and
procedures on the activities described in clause (i),
including--
(I) public health exclusion policies, such as expulsion
pursuant to sections 362 and 365 of the Public Health Service
Act (42 U.S.C. 265 and 268); and
(II) administrative asylum processing policies, such as the
remain in Mexico policy and the migrant protection protocols;
(iii) increases or decreases in physical terrestrial
infrastructure in and around the international borders of the
United States, and the associated impact of such increases or
decreases on the activities described in clause (i); and
(iv) increases or decreases in physical Coast Guard assets
in the areas described in clause (i), the proximity of such
assets to such areas, and the associated impact of such
increases or decreases on the activities described in clause
(i).
(b) Report.--Not later than 1 year after commencing the
study required by subsection (a), the Commandant shall submit
to the Committee on Commerce, Science, and Transportation and
the Committee on the Judiciary of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on the Judiciary of the House
[[Page S6416]]
of Representatives a report on the findings of the study.
(c) Briefing.--Not later than 90 days after the date on
which the report required by subsection (b) is submitted, the
Commandant shall provide a briefing on the report to the
Committee on Commerce, Science, and Transportation and the
Committee on the Judiciary of the Senate and the Committee on
Transportation and Infrastructure and the Committee on the
Judiciary of the House of Representatives.
SEC. 5289. 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 by 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 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. 5290. 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.``; and
(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--
``(A) an unmanned aircraft system described in paragraph
(1) of subsection (a); and
``(B) a system described in paragraph (2) of that
subsection.``; and
(D) in paragraph (4), as redesignated, by inserting ``, and
any related services and equipment`` after ``United States
Code``; and
(4) by adding at the end the following:
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Commandant $2,700,000 to replace covered unmanned
aircraft systems.
``(2) Replacement.--Not later than 90 days after the date
of the enactment of this Act, 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. 5291. OPERATIONAL DATA SHARING CAPABILITY.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating (referred to in this
section as 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 U.S. 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 belongs to the Coast Guard,
U.S. Customs and Border Protection, or any other partner
agency, located in and around mission operation areas.
(d) Elements.--The Commissioner of U.S. Customs and Border
Protection and the Commandant shall jointly--
(1) assess and delineate the types and quality of data
sharing needed to meet the respective operational missions of
U.S. 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 U.S. 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 the
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, U.S. 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. 5292. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM FOR
COAST GUARD STATION SOUTH PADRE ISLAND.
Subject to the availability of appropriations, the
Secretary of the department in which the Coast Guard is
operating shall procure not fewer than 1 tethered aerostat
radar system, or similar technology, for use by the Coast
Guard and other partner agencies, including U.S. Customs and
Border Protection, at and around Coast Guard Station South
Padre Island.
SEC. 5293. ASSESSMENT OF IRAN SANCTIONS RELIEF ON COAST GUARD
OPERATIONS UNDER THE JOINT COMPREHENSIVE PLAN
OF ACTION.
Not later than 1 year after the date of the enactment of
this Act, the Commandant, in consultation with the Director
of the Defense Intelligence Agency and the Commander of
United States Central Command, 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, in an unclassified setting
with a classified component if necessary, on--
(1) 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
(2) 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.
SEC. 5294. REPORT ON SHIPYARDS OF FINLAND AND SWEDEN.
Not later than 2 years after the date of the 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. 5295. PROHIBITION ON CONSTRUCTION CONTRACTS WITH
ENTITIES ASSOCIATED WITH THE CHINESE COMMUNIST
PARTY.
(a) In General.--The Commandant may not award any contract
for new construction until the date on which the Commandant
provides to Congress a certification that the other party 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.
[[Page S6417]]
SEC. 5296. 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 the
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. 5297. 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 an internet website of
the Coast Guard the number of migrant interdictions carried
out by the Coast Guard during the preceding month.
TITLE LIII--ENVIRONMENT
SEC. 5301. DEFINITION OF SECRETARY.
Except as otherwise specifically provided, in this title,
the term ``Secretary`` means the Secretary of the department
in which the Coast Guard is operating.
Subtitle A--Marine Mammals
SEC. 5311. 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 Committee on Transportation and Infrastructure and
the Committee on 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 the 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 the 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. 5312. ASSISTANCE TO PORTS TO REDUCE THE IMPACTS OF
VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE
MAMMALS.
(a) In General.--Not later than 180 days after the date of
the 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 Entities.--An entity is an eligible entity for
purposes of assistance awarded under subsection (a) if the
entity is--
(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),
(2), and (3).
(c) Eligible Uses.--Assistance awarded 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.
(d) Priority.--The Under Secretary shall prioritize
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 reduction of such threats and the
effects of such methods;
(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.
(e) 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.
(f) Report Required.--Not less frequently than annually,
the Under Secretary shall make available to the public on a
publicly accessible internet 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.
(5) An estimate of the likely impact of such activities,
including the cost of such activities, on port operations.
(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. 5313. 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 for
endangered or threatened cetaceans (referred to in this
section as the ``Program``).
(b) Purpose.--The purpose of the Program shall be to reduce
the risk to large cetaceans
[[Page S6418]]
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 by subsection (d).
(d) Pilot Project.--
(1) Establishment.--In carrying out the Program, the Under
Secretary shall first establish a pilot monitoring and
mitigation project for North Atlantic right whales (referred
to in this section as the ``pilot project``) 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
the 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 in
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
the 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 by 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 paragraph (3) 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
the 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 by clause (i) shall--
(I) address the elements under subparagraph (A)(ii); 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 strategic 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 the
monitoring system designed and deployed under subsection
(d)(3) 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 the monitoring system designed
and deployed under subsection (d)(3) 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
internet 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 the
purposes of 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 for each of fiscal years 2023
through 2027 is authorized to support the development,
deployment, application, and ongoing maintenance of the
Program.
SEC. 5314. 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
the enactment of this Act, the Secretary, with the
concurrence of the Under Secretary, shall establish 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 to 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 by
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.--Under the pilot program required by
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 by 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
[[Page S6419]]
Sound program of the State of Washington, the National
Oceanic and Atmospheric Administration, and 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 313, 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
by 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 that section, with Federal, State, 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 the enactment of this Act, and every 2 years thereafter
for the duration of the pilot program under this section, 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 the pilot program required by subsection
(a), 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.
SEC. 5315. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Under Secretary shall maintain and
expand an ocean soundscape development program--
(1) to 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) to 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, to
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. 5321. 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. 5322. 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
the 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, local, and Tribal governments,
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 (or successor
regulations);
``(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--
[[Page S6420]]
``(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
(or successor regulations), for vessel response plans.
``(2) Tribal.--The term `Tribal` means of or pertaining to
an Indian Tribe or a Tribal organization (as those terms are
defined 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 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) Alternative 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
(or successor regulations), 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) Tribal.--The term `Tribal` means of or pertaining to
an Indian Tribe or a Tribal organization (as those terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
``(v) 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).
``(vi) 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 in which the Secretary has
determined that the national planning criteria established
pursuant to this subsection are inappropriate for a vessel
operating in that area, a response plan required under
paragraph (5) with respect to a discharge of oil for such a
vessel shall comply with the planning criteria established
under subparagraph (D)(i).
``(C) Relation to national planning criteria.--The 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 in that area prior to
the date on which the planning criteria under subparagraph
(D)(i) are established.
``(D) Establishment of planning criteria.--The President,
acting through the Commandant in consultation with the
Western Alaska Oil Spill Criteria Program Manager established
under section 323 of title 14, United States Code--
``(i) shall establish--
``(I) 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 in which the Secretary has
determined that the national planning criteria established
pursuant to this subsection are inappropriate for a vessel
operating in that area; and
``(II) standardized submission, review, approval, and
compliance verification processes for the planning criteria
established under clause (i), including the quantity and
frequency of drills and on-site verifications of vessel
response plans accepted pursuant to those planning criteria;
and
``(ii) may, as required to develop standards that
adequately reflect the needs and capabilities of various
locations within the Western Alaska Captain of the Port Zone,
develop subregions in which the Alaska oil spill planning
criteria referred to in clause (i)(I) may differ from such
criteria for other subregions in the Western Alaska Captain
of the Port Zone, provided that any such criteria for a
subregion is not less stringent than the criteria required
for a worst case discharge of oil, and a substantial threat
of such a discharge, within any part of the applicable
subregion.
``(E) Inclusions.--
``(i) In general.--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 that 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 that 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 that area;
``(bb) controls oil spill response resources of dedicated
and nondedicated resources within that 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 that 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 that area;
``(ee) has non-mechanical oil spill response resources, to
be available under contracts, agreements, or other means
approved by the President, 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) considers availability of 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 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 Commandant may
consider criteria regarding--
``(I) vessel routing measures consistent with international
routing measure deviation protocols; and
``(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 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 response plan under the 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 planning criteria 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 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 that meets the
requirements of the national planning criteria established
pursuant to paragraph (5).
``(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 under 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 alaska oil spill planning criteria.--
[[Page S6421]]
(A) Deadline.--Not later than 2 years after the date of the
enactment of this Act, the President shall establish the
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 planning criteria
described in subparagraph (B), the President shall consult
with the Federal, State, local, and Tribal agencies and the
owners and operators that would be subject to those planning
criteria, and with oil spill removal organizations, Alaska
Native organizations, and environmental nongovernmental
organizations located within the State of Alaska.
(C) Congressional report.--Not later than 2 years after the
date of the 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. 5323. ACCIDENT AND INCIDENT NOTIFICATION RELATING TO
PIPELINES.
(a) Repeal.--Subsection (c) of section 9 of the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011
(49 U.S.C. 60117 note; Public Law 112-90) is repealed.
(b) Application.--Section 9 of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C.
60117 note; Public Law 112-90) shall be applied and
administered as if the subsection repealed by subsection (a)
had never been enacted.
SEC. 5324. 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 those 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 the spill of national significance not
later than 30 days after the date on which the Coast Guard
determines it necessary to process those claims;``.
SEC. 5325. CALCULATION OF INTEREST ON DEBT OWED TO THE
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. 5326. 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. 5327. ACCESS TO THE 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 that 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. 5328. 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.--Neither section 1535 of title 31,
United States Code, nor chapter 63 of that title shall 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. 5329. 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 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
(3) 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 the
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 (APC) review processes;
(C) Area Contingency Plan (ACP) development;
(D) risk assessments developed under section 70001 of title
46, United States Code, including lessons learned from
reportable marine casualties;
(E) mitigating 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) evaluating 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 that 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 under the jurisdiction of 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 section 70001(m)
of title 46, United States Code).
(d) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and
[[Page S6422]]
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 vessel response program.
(2) Public availability.--The Commandant shall publish the
report required by subparagraph (A) on a publicly accessible
internet website of the Coast Guard.
SEC. 5330. REVIEW AND REPORT ON LIMITED INDEMNITY PROVISIONS
IN STANDBY OIL SPILL RESPONSE CONTRACTS.
(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 the effects of removing limited
indemnity provisions from Coast Guard oil spill response
contracts entered into by the President (or a delegate) under
section 311(c) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the adequacy of contracts described in
that subsection in meeting the needs of the United States to
carry out oil spill cleanups under the National Contingency
Plan (as defined in section 311(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(a)) during the period
beginning in 2009 and ending in 2014 with respect to those
contracts that included limited indemnity provisions for oil
spill response organizations.
(2) A review of the costs incurred by the Coast Guard, the
Oil Spill Liability Trust Fund established by section 9509(a)
of the Internal Revenue Code of 1986, and the Federal
Government to cover the indemnity provisions provided to oil
spill response organizations during the period described in
paragraph (1).
(3) An assessment of the adequacy of contracts described in
that subsection in meeting the needs of the United States to
carry out oil spill cleanups under the National Contingency
Plan (as so defined) after limited indemnity provisions for
oil spill response organizations were removed from those
contracts in 2014.
(4) An assessment of the impact that the removal of limited
indemnity provisions described in paragraph (3) has had on
the ability of oil spill response organizations to enter into
contracts described in that subsection.
(5) An assessment of the ability of the Oil Spill Liability
Trust Fund established by section 9509(a) of the Internal
Revenue Code of 1986, to cover limited indemnity provided to
a contractor for liabilities and expenses incidental to the
containment or removal of oil arising out of the performance
of a contract that is substantially identical to the terms
contained in subsections (d)(2) through (h) of section H.4 of
the contract offered by the Coast Guard in the solicitation
numbered DTCG89-98-A-68F953 and dated November 17, 1998.
SEC. 5331. 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 by 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.
Subtitle C--Environmental Compliance
SEC. 5341. REVIEW OF ANCHORAGE REGULATIONS.
(a) Regulatory Review.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall complete a
review of existing anchorage regulations or other rules,
which review shall include--
(1) identifying any such regulations or rules that may need
modification or repeal in the interest of marine safety,
security, environmental, and economic concerns, taking into
account undersea pipelines, cables, or other infrastructure;
and
(2) completing a cost-benefit analysis for any modification
or repeal identified under paragraph (1).
(b) Briefing.--Upon completion of the review under
subsection (a), 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 the review.
SEC. 5342. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL,
TRIBAL, AND RECREATIONAL FISHERIES FROM THE
DEVELOPMENT OF RENEWABLE ENERGY ON THE WEST
COAST.
(a) 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 that term in section 107 of
title 46, United States Code.
(b) 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 enter into an agreement with the National
Academies of Science, Engineering, and Medicine under which
the National Academy of Sciences 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; and
(D) 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) how those activities could be impacted by the placement
of renewable energy infrastructure and the associated
construction, maintenance, and operation of such
infrastructure; and
(3) review the current decision-making process for offshore
wind in covered waters and outline a comprehensive approach
to include all impacted coastal communities, particularly
Tribal governments and fisheries communities, in the
decision-making process for offshore wind in covered waters.
(c) Submission.--Not later than 1 year after commencing the
study under subsection (b), the Secretary shall--
(1) submit the study to the Committee on Commerce, Science,
and Transportation and the Committee on Energy and Natural
Resources of the Senate and the Committee on Transportation
and Infrastructure, the Committee on Natural Resources, and
the Committee on Energy and Commerce of the House of
Representatives, including the review and outline provided
under subsection (b)(3); and
(2) make the study publicly available.
Subtitle D--Environmental Issues
SEC. 5351. MODIFICATIONS TO THE SPORT FISH RESTORATION AND
BOATING TRUST FUND ADMINISTRATION.
(a) Dingell-Johnson Sport Fish Restoration Act
Amendments.--
(1) Available amounts.--Clause (i) of section 4(b)(1)(B) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(b)(1)(B)) 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.--Clause (i) of section 4(a)(1)(B) of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669c(a)(1)(B)) 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. 5352. IMPROVEMENTS TO COAST GUARD COMMUNICATION WITH
NORTH PACIFIC MARITIME AND FISHING INDUSTRY.
(a) Rescue 21 System in Alaska.--
(1) Upgrades.--The Commandant shall ensure the timely
upgrade of the Rescue 21 system in Alaska so as to achieve,
not later
[[Page S6423]]
than August 30, 2023, 98 percent operational availability of
remote fixed facility sites.
(2) Plan to reduce outages.--
(A) In general.--Not later than 180 days after the date of
the 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.
(B) Public availability.--The plan required by subparagraph
(A) shall be made available to the public on a publicly
accessible internet website.
(3) Report required.--Not later than 180 days 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 that--
(A) contains a plan for the Coast Guard to notify mariners
of radio outages for towers owned and operated by the
Seventeenth Coast Guard District;
(B) addresses in such plan how the Seventeenth Coast Guard
will--
(i) disseminate updates regarding outages on social media
not less frequently than every 48 hours;
(ii) provide updates on a publicly accessible website not
less frequently than every 48 hours;
(iii) develop methods for notifying mariners in areas in
which cellular connectivity does not exist; and
(iv) develop and advertise a web-based communications
update hub on AM/FM radio for mariners; and
(C) identifies technology gaps necessary to implement the
plan and provides a budgetary assessment necessary to
implement the plan.
(4) Contingency plan.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant, in collaboration
with relevant Federal and State 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), shall 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 outage.
(B) Elements.--The plan required by subparagraph (A) shall
require the Coast Guard--
(i) to disseminate updates regarding outages on social
media not less frequently than every 48 hours during an
outage;
(ii) to provide updates on a publicly accessible website
not less frequently than every 48 hours during an outage;
(iii) to notify mariners in areas in which cellular
connectivity does not exist;
(iv) to develop and advertise a web-based communications
update hub on AM/FM radio for mariners; and
(v) to identify technology gaps that need to be addressed
in order to implement the plan, and to provide a budgetary
assessment necessary to implement the plan.
(b) Improvements to Communication With the Fishing Industry
and Related Stakeholders.--
(1) 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 internet website that
contains all Coast Guard-related information relating to the
fishing industry, including safety information, inspection
and enforcement requirements, hazards, training, regulations
(including proposed regulations), Rescue 21 system outages
and similar outages, and any information regarding fishing-
related activities under the jurisdiction of the Coast Guard.
(2) Automatic communications.--The Commandant shall provide
methods for regular and automatic email communications with
stakeholders who elect, through the internet website
developed under paragraph (1), to receive such
communications.
(c) 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
internet 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 of
the United States (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. 5353. FISHING SAFETY TRAINING GRANTS PROGRAM.
Section 4502(i)(4) of title 46, United States Code, is
amended by striking ``2018 through 2021`` and inserting
``2023 through 2025``.
SEC. 5354. LOAD LINES.
(a) 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) the vessel has a current 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
2 times in the 5 years preceding the date of the
determination under this subsection, with no interval of more
than 3 years between such examinations; or
(3) operates part-time as a fish tender vessel for a period
of less than 180 days.
(b) 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 (c) is submitted, the load line
requirements of chapter 51 of title 46, United States Code,
shall not apply to covered fishing vessels.
(c) 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
referenced 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.
(d) Applicability.--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.
SEC. 5355. 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 Service`s
permitting activities; and
(2) on or after the effective date of the rule, prioritize
the consideration of applications in a manner that is
consistent with applicable Federal law.
Subtitle E--Illegal Fishing and Forced Labor Prevention
SEC. 5361. 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
[[Page S6424]]
of title 50, Code of Federal Regulations (or any successor
regulation).
(7) Secretary.--The term ``Secretary`` means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT
MONITORING
SEC. 5362. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM
AUTOMATED COMMERCIAL ENVIRONMENT MESSAGE SET.
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. 5363. 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. 5364. 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 of
2000 (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. 5365. 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 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 (as
defined in section 5361 of the Coast Guard Authorization Act
of 2022) or forced labor (as defined in section 5361 of the
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. 5366. 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. 5367. 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. 5370. 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--
``(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. 5371. 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:
[[Page S6425]]
``(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 to which legally obligated 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 5361 of the 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 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.``.
SEC. 5372. 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; and
``(3) 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``; and
(2) 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. 5373. CAPACITY BUILDING IN FOREIGN FISHERIES.
(a) In General.--The Secretary of Commerce, 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 coastal and marine resource related
international 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. 5374. 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 (as defined in section
5361 of the Coast Guard Authorization Act of 2022) and human
trafficking (as defined in section 5361 of the Coast Guard
Authorization Act of 2022) and refer this information to
appropriate authorities; and``.
SEC. 5375. 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 title.
SEC. 5376. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES OF
MARKING FISHING GEAR.
The Secretary of the department in which the Coast Guard is
operating 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;
and
(2) the date 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.
TITLE LIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
SEC. 5401. 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
[[Page S6426]]
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) 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--
``(1) providing such financial assistance--
``(A) is in the best interests of the Coast Guard; and
``(B) enables supplementation or expansion of the provision
of Coast Guard child care services, while not supplanting or
replacing Coast Guard child care services; and
``(2) 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.
``(b) Eligible Providers.--A provider of child care
services or youth program services is eligible for financial
assistance under this section if the provider--
``(1) is licensed to provide such services under applicable
State and local law;
``(2) is registered in an au pair program of the Department
of State;
``(3) is a family home daycare; or
``(4) is a provider of family child care services that--
``(A) otherwise provides federally funded or federally
sponsored child development services;
``(B) provides such services in a child development center
owned and operated by a private, not-for-profit organization;
``(C) provides a before-school or after-school child care
program in a public school facility;
``(D) conducts an otherwise federally funded or federally
sponsored school-age child care or youth services program;
``(E) conducts a school-age child care or youth services
program operated by a not-for-profit organization;
``(F) provides in-home child care, such as a nanny or an au
pair; or
``(G) 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.
``(c) Authorization.--There are authorized to be
appropriated such sums as necessary to carry out this
section.
``(d) Direct Payment.--
``(1) In general.--In carrying out a child care subsidy
program under subsection (a), 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 Act, 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``); and
(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 or
surge or other deployment cycles), including by providing
funds directly to such members instead of care providers.
(B) Considerations.--In evaluating potential eligible uses
under subparagraph (A), the Commandant shall consider au
pairs, nanny services, nanny shares, 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 eligible members and
individuals the Commandant considers appropriate, including
such members and individuals with nonstandard work hours; and
(iii) ensure a safe environment for dependents of such
members and individuals.
(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.
SEC. 5402. ARMED FORCES ACCESS TO COAST GUARD CHILD CARE
FACILITIES.
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 members of the Coast Guard
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 of title 10, United States Code); 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. 5403. CADET PREGNANCY POLICY IMPROVEMENTS.
(a) Regulations Required.--Not later than 18 months after
the date of the enactment of this Act, the Secretary of the
department in which the Coast Guard is operating, in
consultation with the Secretary of Defense, shall prescribe
regulations that--
(1) preserve parental guardianship rights of cadets who
become pregnant or father a child while attending the Coast
Guard Academy; and
(2) maintain military and academic requirements for
graduation and commissioning.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating 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. 5404. COMBAT-RELATED SPECIAL COMPENSATION.
(a) Report and Briefing.--Not later than 90 days after the
date of the 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 2015 (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.
[[Page S6427]]
(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 specialized 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)(2) of the Coast Guard
Reauthorization Act of 2015 (Public Law 114-120; 10 U.S.C.
1413a note) is amended, in the matter preceding subparagraph
(A)--
(1) by striking ``and hazardous`` and inserting
``hazardous``; and
(2) 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)``.
SEC. 5405. 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 by 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 cost of living that indicate buying
power and consumer spending in specific geographic areas; and
(iii) indicators of 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 the 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 by 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. 5421. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR THE
COAST GUARD.
(a) In General.--Not later than 180 days after the date of
the 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 consistent with the
recommendations of the Comptroller General of the United
States set forth in the report entitled ``Coast Guard Health
Care: Improvements Needed for Determining Staffing Needs and
Monitoring Access to Care`` published in February 2022.
(b) Inclusions.--The standards required by subsection (a)
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, such as
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.--Not later than 90 days after the staffing
standards required by subsection (a) are completed, 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 such standards, 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) 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 provided under subsection (c);
(2) implement the standards;
(3) review and update the standards not less frequently
than every 4 years.
SEC. 5422. 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
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--
(A) to maximize the medical readiness of members of the
Coast Guard;
(B) to optimize delivery of healthcare benefits;
(C) to ensure high-quality training of Coast Guard medical
personnel; and
(D) to 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 care.
(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.--
(A) Composition.--The Review Committee shall be composed of
members selected by the Commandant, including--
(i) 1 or more members of the uniformed services (as defined
in section 101 of title 10, United States Code) or Federal
employees with expertise in--
(I) the medical, dental, pharmacy, or behavioral health
fields; or
(II) any other field the Commandant considers appropriate;
(ii) a representative of the Defense Health Agency; and
(iii) a 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.
[[Page S6428]]
(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) takes into consideration the medical staffing standards
developed under section 5421, assesses 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 30 days after the date on which the Review
Committee submits the report required by 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 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--
(1) the strategic plan for the Coast Guard medical system
required by 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. 5423. DATA COLLECTION AND ACCESS TO CARE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant, in consultation
with the Defense Health Agency and any healthcare expert the
Commandant considers appropriate, shall develop a policy to
require the collection of data regarding access by members of
the Coast Guard and their dependents to medical, dental, and
behavioral health care 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 and 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) Review by Comptroller General.--
(1) Submission.--Not later than 15 days after the policy is
developed under subsection (a), the Commandant shall submit
the policy to the Comptroller General of the United States.
(2) Review.--Not later than 180 days after receiving the
policy, the Comptroller General shall review the policy and
provide recommendations to the Commandant.
(3) Modification.--Not later than 60 days after receiving
the recommendations of the Comptroller General, the
Commandant shall modify the policy as necessary based on such
recommendations.
(d) Publication and Report to Congress.--Not later than 90
days after the policy is modified under subsection (c)(3),
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.
(e) Periodic Updates.--Not less frequently than every 5
years, the Commandant shall review and update the policy.
SEC. 5424. BEHAVIORAL HEALTH POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) members of the Coast Guard--
(A) are exposed to high-risk and often stressful duties;
and
(B) should be encouraged to seek appropriate medical
treatment and professional guidance; and
(2) after treatment for behavioral health conditions, many
members of the Coast Guard should be allowed to resume
service in the Coast Guard if they--
(A) are able to do so without persistent duty
modifications; and
(B) do not pose a risk to themselves or other members of
the Coast Guard.
(b) Interim Behavioral Health Policy.--
(1) In general.--Not later than 180 days after the date of
the 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.
(c) 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. 5425. 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 amended by adding at the end the
following:
``Sec. 2515. Members asserting post-traumatic stress disorder
or traumatic brain injury
``(a) Medical Examination Required.--(1) 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) A member described in paragraph (1) shall not be
administratively separated under conditions other than
honorable, including an administrative separation in lieu of
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)(A) In a case involving post-traumatic stress
disorder, the medical examination shall be--
``(i) performed by--
``(I) a board-certified or board-eligible psychiatrist; or
``(II) a licensed doctorate-level psychologist; or
``(ii) 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.
``(B) In a case involving traumatic brain injury, the
medical examination shall be performed by a physiatrist,
psychiatrist, neurosurgeon, or neurologist.
``(b) Purpose of Medical Examination.--The medical
examination required by 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)).``.
[[Page S6429]]
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 25 of title 14, United States Code, is amended by
adding at the end the following:
``2515. Members asserting post-traumatic stress disorder or traumatic
brain injury.
SEC. 5426. IMPROVEMENTS TO THE PHYSICAL DISABILITY EVALUATION
SYSTEM AND TRANSITION PROGRAM.
(a) Temporary Policy.--Not later than 60 days after the
date of the 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 by 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 within 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 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 copy of the policy developed under
subsection (a).
(d) Permanent Policy.--Not later than 180 days after the
date of the 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 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, 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. 5427. EXPANSION OF ACCESS TO COUNSELING.
(a) In General.--Not later than 180 days after the date of
the 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 by
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 services 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.
(d) Authorization of Appropriations.--Of the amounts
authorized to be appropriated under section 4902(1)(A) of
title 14, United States Code, as amended by section 5101 of
this Act, $2,000,000 shall be made available to the
Commandant for each of fiscal years 2023 and 2024 to carry
out this section.
SEC. 5428. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR
MEMBERS OF THE 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) Military Training Student Loads.--Section 4904(b)(3) of
title 14, United States Code, is amended by striking ``350``
and inserting ``385``.
SEC. 5429. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.
(a) In General.--Not later than 180 days after the date of
the 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 by 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
[[Page S6430]]
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. 5430. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.
(a) In General.--Not later than 270 days after the date of
the 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 current 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 IT 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.
Subtitle C--Housing
SEC. 5441. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE
UNITS.
(a) In General.--Not more than 180 days after the date of
the 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 required by subsection (a)
shall address the following:
(1) Methods to improve the availability or affordability of
housing options for members of the Coast Guard and their
dependents through--
(A) Coast Guard-owned housing;
(B) Coast Guard-facilitated housing; or
(C) basic allowance for housing adjustments to rates that
are more competitive for members of the Coast Guard seeking
privately owned or privately rented housing.
(2) Methods to improve access by members of the Coast Guard
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).
(3) Methods to increase access to child care services,
including recommendations for increasing child care capacity
and opportunities for care within the Coast Guard and in the
private sector.
(4) Methods to improve non-Coast Guard network internet
access at remote units--
(A) to improve communications between families and members
of the Coast Guard on active duty; and
(B) for other purposes such as education and training.
(5) Methods to support spouses and dependents who face
challenges specific to remote locations.
(6) Any other matter the Commandant considers appropriate.
(c) Briefing.--Not later than 180 days after the strategy
required by 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.
SEC. 5442. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND
CHALLENGES.
(a) In General.--Not later than 90 days after the date of
the 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 by 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 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 it is advantageous for the
Coast Guard to continue to use the Department of Defense
basic allowance for housing system.
(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 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.
(d) Strategy.--Not later than 180 days after the submission
of the report required by subsection (c), the Commandant
shall publish a Coast Guard housing strategy that addresses
the findings set forth in the report, which shall, at a
minimum--
(1) address housing inventory shortages and affordability;
and
(2) include a Coast Guard-owned housing infrastructure
investment prioritization plan.
SEC. 5443. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF
ENLISTED MEMBERS OF THE COAST GUARD IN KEY
WEST, FLORIDA.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Commandant, in coordination
with the Secretary of the Navy, shall commence the conduct of
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 those 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 who experience unsafe or unhealthy housing
units incur relocation, per diem, or similar expenses as a
direct result of displacement that are not covered by a
landlord, insurance, or claims process and the feasibility of
providing reimbursement for uncovered expenses; and
(5) what is needed to provide appropriate and safe living
quarters for enlisted members of the Coast Guard and their
families in Key West, Florida.
(b) Report.--Not later than 90 days after the commencement
of the audit under subsection (a), 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) Privatized military housing.--The term ``privatized
military housing`` means military housing provided under
subchapter IV of chapter 169 of title 10, United States Code.
(3) Unsafe or unhealthy housing unit.--The term ``unsafe or
unhealthy housing unit`` means a unit of privatized military
housing in which is present, at levels exceeding national
standards or guidelines, at least one 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. 5444. STUDY ON COAST GUARD HOUSING AUTHORITIES AND
PRIVATIZED HOUSING.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall commence a study--
(A) to evaluate 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) to assess other options to meet Coast Guard housing
needs in rural and urban housing markets, including public-
private partnerships, long-term lease agreements,
[[Page S6431]]
privately owned housing, and any other housing option the
Comptroller General identifies.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) A review of authorities, regulations, and policies
available to the Secretary of the department in which the
Coast Guard is operating (referred to in this section as 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 operated 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
operate 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 by the Department of Defense
of privatized housing, including the recommendations set
forth in the report of the Government Accountability Office
entitled ``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 has
used 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 the
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 by 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.
Subtitle D--Other Matters
SEC. 5451. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR
COAST GUARD PERSONNEL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the 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 by 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.
TITLE LV--MARITIME
Subtitle A--Vessel Safety
SEC. 5501. ABANDONED SEAFARERS FUND AMENDMENTS.
Section 11113(c) of title 46, United States Code, is
amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting ``plus a surcharge of 25 percent of such
total amount`` after ``seafarer``; and
(2) by striking paragraph (4).
SEC. 5502. RECEIPTS; INTERNATIONAL AGREEMENTS FOR ICE PATROL
SERVICES.
Section 80301(c) of title 46, United States Code, is
amended by striking the period at the end and inserting ``and
shall be available until expended for the purpose of the
Coast Guard international ice patrol program.``.
SEC. 5503. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Notwithstanding any other provision of law, requirements
authorized under sections 3509 of title 46, United States
Code, shall not apply to any passenger vessel, as defined in
section 2101 of such title, that--
(1) carries in excess of 250 passengers; and
(2) is, or was, in operation in the 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.
SEC. 5504. 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 titles 33 and 46 of the 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
titles 33 and 46 of the United States Code, except to the
extent authorized under subsection (d)(2); or
(3) 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) 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 of the House of
Representatives on the program established under subsection
(a) on a quarterly basis.
(h) 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 of the House of
[[Page S6432]]
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.
(i) 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; and
(C) relevant federally funded research institutions, non-
governmental organizations, and academia.
(j) Definitions.--In this section:
(1) Merchant mariner credential.--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.
(2) Secretary.--The term ``Secretary`` means the Secretary
of the department in which the Coast Guard is operating.
SEC. 5505. 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--
(1) by striking ``Except as otherwise provided`` and
inserting the following: ``(a) In General.--Except as to
covered small passenger vessels and as otherwise provided``;
(2) by striking ``section 30503`` and inserting ``section
30521``; and
(3) by adding at the end the following:
``(b) Application.--Notwithstanding subsection (a), the
requirements of section 30526 of this title shall apply to
covered small passenger vessels.``.
(d) Provisions Requiring Notice of Claim or Limiting Time
for Bringing Action.--Section 30526 of title 46, United
States Code, as redesignated by subsection (a), is amended--
(1) in subsection (a), by inserting ``and covered small
passenger vessels`` after ``seagoing vessels``; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``6 months`` and
inserting ``2 years``; and
(B) in paragraph (2), by striking ``one year`` and
inserting ``2 years``.
(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. 5506. MORATORIUM ON TOWING VESSEL INSPECTION USER FEES.
Notwithstanding section 9701 of title 31, United States
Code, and section 2110 of title 46 of such Code, the
Secretary of the department in which the Coast Guard is
operating may not charge an inspection fee for a towing
vessel that has a certificate of inspection issued under
subchapter M of chapter I of title 46, Code of Federal
Regulations (or any successor regulation), and that uses the
Towing Safety Management System option for compliance with
such subchapter, until--
(1) the completion of the review required under section 815
of the Frank LoBiondo Coast Guard Authorization Act of 2018
(14 U.S.C. 946 note; Public Law 115-282); and
(2) the promulgation of regulations to establish specific
inspection fees for such vessels.
SEC. 5507. CERTAIN HISTORIC PASSENGER VESSELS.
(a) Report on Covered Historic 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 covered historic 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 in accordance with paragraph
(1), of covered historic vessels with section
3306(n)(3)(A)(v) of title 46, United States Code.
(B) An assessment of the safety record of covered historic
vessels.
(C) An assessment of the risk, if any, that modifying the
requirements under section 3306(n)(3)(A)(v) of title 46,
United States Code, would have on the safety of passengers
and crew of covered historic vessels.
(D) An evaluation of the economic practicability of the
compliance of covered historic vessels with such section
3306(n)(3)(A)(v) and whether that 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, such section 3306(n)(3)(A)(v).
(F) Any other recommendations as the Comptroller General
determines are appropriate with respect to the applicability
of such section 3306(n)(3)(A)(v) to covered historic vessels.
(G) An assessment to determine if covered historic vessels
could be provided an exemption to such section
3306(n)(3)(A)(v) and what changes to legislative or
rulemaking requirements, including modifications to section
[[Page S6433]]
177.500(q) of title 46, Code of Federal Regulations (as in
effect on the date of enactment of this Act), 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)(1), 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) Extension 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 of
submission of the report required by subsection (a) to
Congress in accordance with such subsection.
(d) 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
historic vessels.
(e) Notice to Passengers.--A covered historic vessel that
receives a waiver under subsection (c) shall, beginning on
the date on which the requirements under section
3306(n)(3)(A)(v) of title 46, United States Code, take
effect, provide a prominently displayed notice on its
website, ticket counter, and each ticket for passengers that
the vessel is exempt from meeting the Coast Guard safety
compliance standards concerning egress as provided for under
such section 3306(n)(3)(A)(v).
(f) Definition of Covered Historic Vessels.--In this
section, the term ``covered historic vessels`` means the
following:
(1) American Eagle (Official Number 229913).
(2) Angelique (Official Number 623562).
(3) Heritage (Official Number 649561).
(4) J & E Riggin (Official Number 226422).
(5) Ladona (Official Number 222228).
(6) Lewis R. French (Official Number 015801).
(7) Mary Day (Official Number 288714).
(8) Stephen Taber (Official Number 115409).
(9) Victory Chimes (Official Number 136784).
(10) Grace Bailey (Official Number 085754).
(11) Mercantile (Official Number 214388).
(12) Mistress (Official Number 509004).
SEC. 5508. COAST GUARD DIGITAL REGISTRATION.
Section 12304(a) of title 46, United States Code, is
amended--
(1) by striking ``shall be pocketsized,``; and
(2) by striking ``, and may be valid`` and inserting ``and
may be in hard copy or digital form. The certificate shall be
valid``.
SEC. 5509. 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
submission to the Commandant of a recommendation and
supporting justification by the National Transportation
Safety Board relating to transportation safety, the
Commandant shall submit to the National Transportation Safety
Board a written response to the recommendation, which shall
include whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--A response under
subsection (a) shall include--
``(1) with respect to a recommendation with which the
Commandant concurs, an explanation of the actions the
Commandant intends to take to implement such recommendation;
``(2) with respect to a recommendation with which the
Commandant partially concurs, an explanation of the actions
the Commandant intends to take to implement the portion of
such recommendation with which the Commandant partially
concurs; and
``(3) with respect to a recommendation 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 that 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. 5510. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND
REPORT ON THE COAST GUARD`S OVERSIGHT OF THIRD
PARTY ORGANIZATIONS.
(a) In General.--The Comptroller General of the United
States shall initiate a review, not later than 1 year after
the date of enactment of this Act, that assesses the Coast
Guard`s oversight of third party organizations.
(b) Elements.--The study required under subsection (a)
shall analyze the following:
(1) Coast Guard utilization of third party organizations in
its prevention mission, and the extent the Coast Guard plans
to increase such use to enhance prevention mission
performance, including resource utilization and specialized
expertise.
(2) The extent the Coast Guard has assessed the potential
risks and benefits of using third party organizations to
support prevention mission activities.
(3) The extent the Coast Guard provides oversight of third
party organizations authorized to support prevention mission
activities.
(c) Report.--The Comptroller General shall submit the
results from this study not later than 1 year after
initiating the review to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 5511. 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 of the department in which the
Coast Guard is operating 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. 5512. ALTERNATE SAFETY COMPLIANCE PROGRAM EXCEPTION FOR
CERTAIN VESSELS.
Section 4503a of title 46, United States Code, is amended--
(1) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Subsection (a) shall not apply to a vessel that--
``(1) is 79 feet or less in length as listed on the
vessel`s certificate of documentation or certificate of
number; and
``(2)(A) successfully completes a dockside examination by
the Secretary every 2 years in accordance with section
4502(f)(2) of this title; and
``(B) visibly displays a current decal demonstrating
examination compliance in the pilothouse or equivalent
space.``.
Subtitle B--Other Matters
SEC. 5521. DEFINITION OF A 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. 5522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
Not later than 1 year after 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. 5523. STUDY ON MULTI-LEVEL SUPPLY CHAIN SECURITY
STRATEGY OF THE DEPARTMENT OF HOMELAND
SECURITY.
(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 study that assesses the efforts of
the Department of Homeland Security with respect to securing
vessels and maritime cargo bound for the United States from
national security related risks and threats.
(b) Elements.--The study required under subsection (a)
shall assess the following:
(1) Programs that comprise the maritime strategy of the
Department of Homeland Security for securing vessels and
maritime cargo bound for the United States, and the extent
that such programs cover the critical components of the
global supply chain.
(2) The extent to which the components of the Department of
Homeland Security responsible for maritime security issues
have implemented leading practices in collaboration.
[[Page S6434]]
(3) The extent to which the Department of Homeland Security
has assessed the effectiveness of its maritime security
strategy.
(4) The effectiveness of the maritime security strategy of
the Department of Homeland Security.
(c) Report.--Not later than 1 year after initiating the
study under subsection (a), the Comptroller General of the
United States shall submit the results from the study 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.
SEC. 5524. STUDY TO MODERNIZE THE MERCHANT MARINER LICENSING
AND DOCUMENTATION SYSTEM.
(a) In General.--Not later than 90 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
the financial, human, and information technology
infrastructure resources needed to establish an electronic
merchant mariner licensing and documentation system.
(b) Legislative and Regulatory Suggestions.--The report
described in subsection (a) shall include recommendations for
such legislative or administrative actions as the Commandant
determines necessary to establish the electronic merchant
mariner licensing and documentation system described in
subsection (a) as soon as possible.
(c) GAO Report.--
(1) In general.--By not later than 180 days after the date
of enactment of this Act, the Comptroller General of the
United States, in consultation with the Commandant, shall
prepare and submit a report to Congress that evaluates the
current processes, as of the date of enactment of this Act,
of the National Maritime Center for processing and approving
merchant mariner credentials.
(2) Contents of evaluation.--The evaluation conducted under
paragraph (1) shall include--
(A) an analysis of the effectiveness of the current
merchant mariner credentialing process, as of the date of
enactment of this Act;
(B) an analysis of the backlogs relating to the merchant
mariner credentialing process and the reasons for such
backlogs; and
(C) recommendations for improving and expediting the
merchant mariner credentialing process.
(3) Definition of merchant mariner credential.--In this
subsection, the term ``merchant mariner credential`` means a
merchant mariner license, certificate, or document that the
Secretary of the department in which the Coast Guard is
operating is authorized to issue pursuant to title 46, United
States Code.
SEC. 5525. STUDY AND REPORT ON DEVELOPMENT AND MAINTENANCE OF
MARINER RECORDS DATABASE.
(a) Study.--
(1) In general.--The Secretary, in coordination with the
Commandant and the Administrator of the Maritime
Administration and the Commander of the United States
Transportation Command, shall conduct a study on the
potential benefits and feasibility of developing and
maintaining a Coast Guard database 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 such that data can
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) Elements.--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; and
(B) specifically address the protection of the privacy
interests of any individuals whose information may be
contained within the 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.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, 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 results of
the study under subsection (a), including findings,
conclusions, and recommendations.
(c) Definitions.--In this section:
(1) Credentialed mariner.--The term ``credentialed
mariner`` means an individual with a merchant mariner
license, certificate, or document that the Secretary is
authorized to issue pursuant to title 46, United States Code.
(2) Secretary.--The term ``Secretary`` means the Secretary
of the Department in which the Coast Guard is operating.
SEC. 5526. ASSESSMENT REGARDING APPLICATION PROCESS FOR
MERCHANT MARINER CREDENTIALS.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall conduct an assessment to
determine the resources, including personnel and computing
resources, required to--
(1) reduce the amount of time necessary to process merchant
mariner credentialing applications to not more than 2 weeks
after the date of receipt; and
(2) develop and maintain an electronic merchant mariner
credentialing application.
(b) Briefing Required.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating 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).
(c) Definition.--In this section, the term ``merchant
mariner credentialing application`` means a credentialing
application for a merchant mariner license, certificate, or
document that the Secretary is authorized to issue pursuant
to title 46, United States Code.
SEC. 5527. MILITARY TO MARINERS ACT OF 2022.
(a) Short Title.--This section may be cited as the
``Military to Mariners Act of 2022``.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress makes the following findings:
(A) The United States Uniformed Services are composed of
the world`s most highly trained and professional
servicemembers.
(B) A robust Merchant Marine and ensuring United States
mariners can compete in the global workforce are vital to
economic and national security.
(C) Attracting additional trained and credentialed
mariners, particularly from active duty servicemembers and
military veterans, will support United States national
security requirements and provide meaningful, well-paying
jobs to United States veterans.
(D) There is a need to ensure that the Federal Government
has a robust, state of the art, and efficient merchant
mariner credentialing system to support economic and national
security.
(2) Sense of congress.--It is the sense of Congress that--
(A) veterans and members of the Uniformed Services who
pursue credentialing to join the United States Merchant
Marine should receive vigorous support; and
(B) it is incumbent upon the regulatory bodies of the
United States to streamline regulations to facilitate
transition of veterans and members of the Uniformed Services
into the United States Merchant Marine to maintain a strong
maritime presence in the United States and worldwide.
(c) Modification of Sea Service Requirements for Merchant
Mariner Credentials for Veterans and Members of the Uniformed
Services.--
(1) Definitions.--In this subsection:
(A) Merchant mariner credential.--The term ``merchant
mariner credential`` has the meaning given the term in
section 7510 of title 46, United States Code.
(B) Secretary.--The term ``Secretary`` means the Secretary
of the department in which the Coast Guard is operating.
(C) Uniformed services.--The term ``Uniformed Services``
has the meaning given the term ``uniformed services`` in
section 2101 of title 5, United States Code.
(2) 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 requirements and procedures 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 to sea service on merchant vessels;
(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;
(B) provide the availability for a fully internet-based
application process for a merchant mariner credential, to the
maximum extent practicable; and
(C) issue new regulations to--
(i) reduce paperwork, delay, and other burdens for
applicants for a merchant mariner credential who are veterans
and members of the Uniformed Services, and, if determined to
be appropriate, increase the acceptable percentages of time
equivalent to sea service for such applicants; and
(ii) reduce burdens and create a means of alternative
compliance to demonstrate instructor competency for Standards
of Training, Certification and Watchkeeping for Seafarers
courses.
(3) Consultation.--In carrying out paragraph (2), the
Secretary shall consult with the National Merchant Marine
Personnel Advisory Committee taking into account the present
and future needs of the United States Merchant Marine labor
workforce.
(4) Report.--Not later than 180 days after the date of
enactment of this Act, the Committee on the Marine
Transportation System
[[Page S6435]]
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Armed Services
of the Senate, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on 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
of 2020 (Public Law 116-92; 133 Stat. 1978).
(d) Assessment of Skillbridge for Employment as a Merchant
Mariner.--The Secretary of the department in which the Coast
Guard is operating, 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 toward employment as a merchant
mariner.
SEC. 5528. FLOATING DRY DOCKS.
Section 55122(a) of title 46, United States Code, is
amended--
(1) in paragraph (1)(C)--
(A) by striking ``(C)`` and inserting ``(C)(i)``;
(B) by striking ``2015; and`` and inserting ``2015; or``;
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 occurs between
Honolulu, Hawaii, and Pearl Harbor, Hawaii`` before the
period at the end.
TITLE LVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 5601. 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 a State, local, or Tribal law.
``(46) `sexual harassment` means any of the following:
``(A) Conduct towards an individual (which may have been by
the individual`s supervisor, a supervisor in another area, a
coworker, or another credentialed mariner) that--
``(i) involves unwelcome sexual advances, requests for
sexual favors, or deliberate or repeated offensive comments
or gestures of a sexual nature, when--
``(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) any submission to, or rejection of, such conduct by
the individual is used as a basis for decisions affecting the
individual`s job, pay, career, benefits, or entitlements; or
``(III) such conduct has the purpose or effect of
unreasonably interfering with the individual`s work
performance or creates an intimidating, hostile, or offensive
working environment; and
``(ii) is so severe or pervasive that a reasonable person
would perceive, and the individual does perceive, the
environment as hostile or offensive.
``(B) Any use or condonation by any person in a supervisory
or command position of any form of sexual behavior to
control, influence, or affect the career, pay, or job of an
individual who is a subordinate to the person.
``(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) Section 2113(3) of title 46, United States Code, is
amended by striking ``section 2101(51)(A)`` and inserting
``section 2101(53)(A)``.
(2) 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(53)``; and
(B) in subsection (d), by striking ``section 2101(51)(A)``
and inserting ``section 2101(53)(A)``.
(3) Section 1131(a)(1)(E) of title 49, United States Code,
is amended by striking ``section 2101(46)`` and inserting
``116``.
SEC. 5602. 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 a 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 a 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. 5603. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``; and`` and inserting a
semicolon;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and``; and
(C) 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, sexual harassment, retaliation, and drug and alcohol
use; and
``(B) procedures and resources to report allegations of
sexual assault and sexual harassment, including information--
``(i) on the contact information, website address, and
mobile application of the Coast Guard Investigative Services
and the Coast Guard National Command Center, in order to
report allegations of sexual assault or sexual harassment;
``(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) on additional items specified in regulations issued
by, and at the discretion of, the Secretary.``; and
(2) in subsection (d), by adding at the end the following:
``In each washing place in a visible location, there shall be
information regarding procedures and resources to report
alleged sexual assault and sexual harassment upon the vessel,
and vessel owner or company policies prohibiting sexual
assault and sexual harassment, retaliation, and drug and
alcohol use.``.
SEC. 5604. 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)`` each place it appears and inserting ``paragraph
(1)(C)``.
SEC. 5605. 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 the 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 under this section 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, including regulations, or employer policies.
(c) Submission.--Upon completion of the assessment under
this section, the National Academy of Sciences shall submit
the assessment 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 of the department in which the
Coast Guard is operating.
(d) Regulations.--The Commandant--
(1) shall review the findings and recommendations of the
assessment under this section by not later than 180 days
after receiving the assessment under subsection (c); and
(2) taking into account the safety and security of every
individual on vessels of the
[[Page S6436]]
United States engaged in commercial service, may issue
regulations relating to alcohol consumption on such vessels.
(e) 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
appropriate committees of Congress--
(1) regarding the rationale for not issuing such
regulations; and
(2) providing other recommendations as necessary to ensure
safety at sea.
SEC. 5606. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR
SUSPENSION AND 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 and 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 10 years before the beginning of the suspension
and revocation proceedings, is the subject of a substantiated
claim of sexual harassment, then the license, certificate of
registry, or merchant mariner`s document shall 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 20 years before the beginning of the suspension
and revocation proceedings, is the subject of a substantiated
claim of sexual assault, then the license, certificate of
registry, or merchant mariner`s document shall be revoked.
``(c) Substantiated Claim.--
``(1) In general.--In this section, the term `substantiated
claim` means--
``(A) a legal proceeding or agency action in any
administrative proceeding that determines the individual
committed sexual harassment or sexual assault in violation of
any Federal, State, local, or Tribal law or regulation and
for which all appeals have been exhausted, as applicable; or
``(B) a determination after an investigation by the Coast
Guard that it is more likely than not that the individual
committed sexual harassment or sexual assault as defined in
section 2101, if the determination affords appropriate due
process rights to the subject of the investigation.
``(2) Additional review.--A license, certificate of
registry, or merchant mariner`s document shall not be
suspended or revoked under subsection (a) or (b), unless the
substantiated claim is reviewed and affirmed, in accordance
with the applicable definition in section 2101, by an
administrative law judge at the same suspension or revocation
hearing under this chapter described in subsection (a) or
(b), as applicable.``.
(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. 5607. 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 NONPASSENGER COMMERCIAL VESSELS
``Sec. 4901. Surveillance requirements
``(a) Applicability.--
``(1) In general.--The requirements in this section shall
apply to vessels engaged in commercial service that do not
carry passengers and are any of the following:
``(A) A documented vessel with overnight accommodations for
at least 10 persons on board that--
``(i) is on a voyage of at least 600 miles and crosses
seaward of the boundary line; or
``(ii) is at least 24 meters (79 feet) in overall length
and required to have a load line under chapter 51.
``(B) A documented vessel on an international voyage that
is of--
``(i) at least 500 gross tons as measured under section
14502; or
``(ii) an alternate tonnage measured under section 14302 as
prescribed by the Secretary under section 14104.
``(C) A vessel with overnight accommodations for at least
10 persons on board that are operating for no less than 72
hours on waters superjacent to the outer Continental Shelf
(as defined in section 2(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(a)).
``(2) Exception.--Notwithstanding paragraph (1), the
requirements in this section shall not apply to any fishing
vessel, fish processing vessel, or fish tender vessel.
``(b) Requirement for Maintenance of Video Surveillance
System.--Each vessel to which this section applies shall
maintain a video surveillance system in accordance with this
section.
``(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 the
date of enactment of the 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 onto 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) Limited 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 limited
to the purposes described in this section and not used as
part of a labor action against a crew member or employment
dispute unless used in a criminal or civil action.
``(f) Retention Requirements.--The owner of a vessel to
which this section applies shall retain all records of audio
and video surveillance for not less than 4 years after the
footage is obtained. Any video and audio surveillance found
to be associated with an alleged incident of sexual
harassment or sexual assault shall be retained by such owner
for not less than 10 years from the date of the alleged
incident.
``(g) Personnel Training.--A vessel owner, managing
operator, or employer of a seafarer (in this subsection
referred to as the `company`) shall provide training for all
individuals employed by the company 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.
``(h) Definition of Owner.--In this section, the term
`owner` means the owner, charterer, managing operator,
master, or other individual in charge of a vessel.``.
(b) Clerical Amendment.--The analysis of subtitle II at the
beginning of title 46, United States Code, is amended by
adding after the item relating to chapter 47 the following:
``Chapter 49--Oceangoing Nonpassenger Commercial Vessels``.
SEC. 5608. 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)(A) establish a list of all crew members, identified
by position, allowed to access and use the master key; and
``(B) maintain such list upon the vessel within owner
records and include such list in the vessel safety management
system under section 3203(a)(6);
``(3) record in a log book, which may be electronic and
shall be included in the safety management system under
section 3203(a)(6), 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.--A crew member 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 access to or use of such key.
``(c) Penalty.--Any crew member who violates subsection (b)
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.``.
(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. 5609. SAFETY MANAGEMENT SYSTEMS.
Section 3203 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(7) and (8), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) with respect to sexual harassment and sexual assault,
procedures 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);``;
[[Page S6437]]
(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) In general.--Upon discovery of a failure of a
responsible person or vessel to comply with a requirement
under section 10104 during an audit of a safety management
system or from other sources of information acquired by the
Coast Guard (including an audit or systematic review under
section 10104(g)), the Secretary shall audit the safety
management system of a vessel under this section to determine
if there is a failure to comply with any other requirement
under section 10104.
``(2) Certificates.--
``(A) Suspension.--During an audit of a safety management
system of a vessel required under paragraph (1), 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 paragraph (1), 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.
``(3) Documents of compliance.--
``(A) In general.--Following an audit of the safety
management system of a vessel required under paragraph (1),
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.``.
SEC. 5610. 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 Vessel Owner, Master, Managing
Operator, or Employer.--
``(1) In general.--A vessel owner, master, or managing
operator of a documented vessel or the employer of a seafarer
on that vessel shall report to the Commandant in accordance
with subsection (b) any complaint or incident of sexual
harassment or sexual assault involving a crew member in
violation of employer policy or law of which such vessel
owner, master, managing operator, or employer of the seafarer
is made aware. Such reporting shall include results of any
investigation into the incident, if applicable, and any
action taken against the offending crew member.
``(2) Penalty.--A vessel owner, master, or managing
operator of a documented vessel or the employer of a seafarer
on that vessel who knowingly fails to report in compliance
with paragraph (1) is liable to the United States Government
for a civil penalty of not more than $50,000.
``(b) Reporting Procedures.--
``(1) Timing of reports by vessel owners, masters, managing
operators, or employers.--A report required under subsection
(a) shall be made immediately after the vessel owner, master,
managing operator, or employer of the seafarer gains
knowledge of a sexual assault or sexual harassment incident
by the fastest telecommunications channel available. Such
report shall be made to the Commandant and the appropriate
officer or agency of the government of the country in whose
waters the incident occurs.
``(2) Contents.--A report required under subsection (a)
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 the individual making
the report;
``(B) the name and official number of the documented
vessel;
``(C) the time and date of the incident;
``(D) the geographic position or location of the vessel
when the incident occurred; and
``(E) a brief description of the alleged sexual harassment
or sexual assault being reported.
``(3) Receiving reports and collection of information.--
``(A) Receiving reports.--With respect to reports submitted
under this subsection to the Coast Guard, the Commandant--
``(i) may establish additional reporting procedures,
including procedures for receiving reports through--
``(I) a telephone number that is continuously manned at all
times; and
``(II) an 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 receiving a report
under this subsection, the Commandant shall collect
information related to the identity of each alleged victim,
alleged perpetrator, and witness identified in the report
through a 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.--A vessel owner,
master, managing operator, or employer of a seafarer that
makes a report under subsection (a) shall--
``(1) submit to the Commandant a document with detailed
information to describe the actions taken by the vessel
owner, master, managing operator, or employer of a seafarer
after it became aware of the sexual assault or sexual
harassment incident; and
``(2) make such submission not later than 10 days after the
vessel owner, master, managing operator, or employer of a
seafarer made the report under subsection (a).
``(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) Civil Penalty.--A vessel owner, master, managing
operator, or employer of a seafarer that fails to comply with
subsection (e) is liable to the United States Government for
a civil penalty of $50,000 for each day a failure continues.
``(g) Applicability; Regulations.--
``(1) Effective date.--The requirements of this section
take effect on the date of enactment of the Coast Guard
Authorization Act of 2022.
``(2) Regulations.--The Commandant may issue regulations to
implement the requirements of this section.
``(3) 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 establishing
other reporting procedures are issued.``.
SEC. 5611. ACCESS TO CARE AND SEXUAL ASSAULT FORENSIC
EXAMINATIONS.
(a) In General.--Subchapter IV of chapter 5 of title 14,
United States Code, as amended by section 5211, is further
amended by adding at the end the following:
``Sec. 565. Access to care and sexual assault forensic
examinations
``(a) 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--
``(1) as soon as possible after the victim requests an
examination; and
``(2) that is treated with the same level of urgency as
emergency medical care.
``(b) Requirements.--The written operating procedure
required by subsection (a), shall, at a minimum, account
for--
``(1) the health, safety, and privacy of a victim of sexual
assault;
``(2) 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, United States Code);
``(3) the availability of aeromedical evacuation;
``(4) the operational capabilities of the vessel concerned;
``(5) the qualifications of medical personnel onboard;
``(6) coordination with law enforcement and the
preservation of evidence;
``(7) the means of accessing a sexual assault forensic
examination and medical care with a restricted report of
sexual assault;
``(8) the availability of nonprescription pregnancy
prophylactics; and
``(9) other unique military considerations.``.
(b) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating 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 the feasibility of the development of a self-
administered sexual assault forensic examination for use by
victims of sexual assault onboard a vessel at sea.
(2) Elements.--The study under paragraph (1) shall--
(A) take into account--
(i) the safety and security of the alleged victim of sexual
assault;
[[Page S6438]]
(ii) the ability to properly identify, document, and
preserve any evidence relevant to the allegation of sexual
assault; and
(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
(B) provide any appropriate recommendation for changes to
existing laws, regulations, or employer policies.
(3) 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 of the
department in which the Coast Guard is operating a report on
the findings of the study.
(c) Clerical Amendment.--The analysis for subchapter IV of
chapter 5 of title 14, United States Code, as amended by
section 5211, is further amended by adding at the end the
following:
``565. Access to care and sexual assault forensic examinations.
SEC. 5612. 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
``Not later than 1 year after the date of enactment of the
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 to include--
``(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 LVI of the Coast Guard
Authorization Act of 2022 and the amendments made by such
title.``.
(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.
SEC. 5613. POLICY ON REQUESTS FOR PERMANENT CHANGES OF
STATION OR UNIT TRANSFERS BY PERSONS WHO REPORT
BEING THE VICTIM OF SEXUAL ASSAULT.
Not later than 30 days after the date of the 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 a unit transfer.
The final policy shall be updated not later than 1 year after
the date of the enactment of this Act.
SEC. 5614. SEX OFFENSES AND PERSONNEL RECORDS.
Not later than 180 days after the date of the 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).
SEC. 5615. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.
(a) In General.--Not later than 2 years after the date of
the 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 by 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
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 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,
including recommendations with respect to oversight over
Coast Guard activities.
(d) Other Reviews.--The study required by subsection (a)
may rely upon recently completed or ongoing reviews by the
Comptroller General or other entities, as applicable.
SEC. 5616. STUDY ON SPECIAL VICTIMS` COUNSEL PROGRAM.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating 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 and 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 that 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
[[Page S6439]]
Coast Guard who have reported sexual assault; and
(3) any other recommendation the federally funded research
and development center considers appropriate.
TITLE LVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
SEC. 5701. 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. 5702. 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. 5703. 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. 5704. 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. 5705. 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. 5706. 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 four 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 the 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. 5707. 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. 5708. ACQUISITION OF AIRCRAFT FOR EXTREME WEATHER
RECONNAISSANCE.
(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, commercial, or nongovernmental
entities.
(3) Derivation of funds.--For each of fiscal years 2023
through 2026, amounts to support the implementation of
paragraphs (1) and (2) shall be derived--
(A) from amounts appropriated to the Office of Marine and
Aviation Operations of the National Oceanic and Atmospheric
Administration and available for the purpose of atmospheric
river reconnaissance; and
(B) if amounts described in subparagraph (A) are
insufficient to support the implementation of paragraphs (1)
and (2), from amounts appropriated to that Office and
available for purposes other than atmospheric river
reconnaissance.
(b) Acquisition of Aircraft to Replace the WP-3D
Aircraft.--
(1) In general.--Not later than September 30, 2023, the
Under Secretary shall enter into a contract for the
acquisition of 6 aircraft to replace the WP-3D aircraft that
provides for--
(A) 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
(B) 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).
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Under Secretary $1,800,000,000,
without fiscal year limitation, for the acquisition of the
aircraft under paragraph (1).
SEC. 5709. 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 committees specified in
subsection (c) 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.--The report required by subsection (a) shall
include consideration of--
(1) the challenges the Office of Marine and Aviation
Operations faces in recruiting and retaining qualified
professional mariners;
(2) workforce planning efforts to address those challenges;
and
(3) other models or approaches that exist, or are under
consideration, to provide incentives for the retention of
qualified professional mariners.
(c) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure and
the Committee on Natural Resources of the House of
Representatives.
(d) 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. 5711. CONVEYANCE OF CERTAIN PROPERTY OF THE 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.
[[Page S6440]]
(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 subsection (c) and the
requirements of this section.
(2) Termination of authority.--The authority provided by
paragraph (1) shall terminate on the date that is 3 years
after the date of the enactment of this Act.
(c) Right of First Refusal.--The City shall have the right
of first refusal with respect to the purchase, at fair market
value, of the Property.
(d) Survey.--The exact acreage and legal description of the
Property shall be determined by a survey satisfactory to the
Secretary.
(e) Condition; Quitclaim Deed.--If the Property is conveyed
under this section, the Property shall be conveyed--
(1) in an ``as is, where is`` condition; and
(2) via a quitclaim deed.
(f) 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--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) 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 its right of first refusal under
subsection (c), 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.
(g) Costs of Conveyance.--If the City exercises its right
of first refusal under subsection (c), 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.
(h) Proceeds.--Notwithstanding section 3302 of title 31,
United States Code, or any other provision of law, any
proceeds from a conveyance of the Property under this section
shall--
(1) be deposited in an account or accounts of the National
Oceanic and Atmospheric Administration that exists as of the
date of the enactment of this Act;
(2) used to cover costs associated with the conveyance,
related relocation efforts, and other facility and
infrastructure projects in Alaska; and
(3) remain available until expended, without further
appropriation.
(i) Memorandum of Agreement.--If the City exercises its
right of first refusal under subsection (c), 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.
(j) Reservation or Easement for Access and Use.--The
conveyance authorized under this section 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.
(k) Liability.--
(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 the United States carried out on the
Property before the date and time of the conveyance of the
Property.
(l) 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.
(m) Environmental Compliance.--Nothing in this section may
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)).
(n) 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 LVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 5801. TECHNICAL CORRECTION.
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``.
SEC. 5802. 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 by subsection
(a) shall be treated as if such section 8507(b) had never
taken effect.
(c) Conforming Amendment.--The provision reinstated under
subsection (a) is amended by striking ``, except to the
extent provided in this section``.
SEC. 5803. TERMS AND VACANCIES.
Section 46101(b) of title 46, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking ``one year`` and inserting ``2 years``; and
(B) by striking ``2 terms`` and inserting ``3 terms``; and
(2) in paragraph (3)--
(A) by striking ``of the individual being succeeded`` and
inserting ``to which such individual is appointed``;
(B) by striking ``2 terms`` and inserting ``3 terms``; and
(C) by striking ``the predecessor of that`` and inserting
``such``.
TITLE LIX--RULE OF CONSTRUCTION
SEC. 5901. RULE OF CONSTRUCTION.
Nothing in this divisions 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.
DIVISION L--OCEANS AND ATMOSPHERE
SEC. 5001. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 5001. Table of contents.
TITLE LI--CORAL REEF CONSERVATION
Sec. 5101. Short title.
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 5111. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 5121. Establishment.
Sec. 5122. Duties.
Sec. 5123. Membership.
Sec. 5124. Responsibilities of Federal agency members.
Sec. 5125. Working groups.
Sec. 5126. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 5131. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 5141. Short title.
Sec. 5142. Definitions.
Sec. 5143. Establishment of fellowship program.
Sec. 5144. Fellowship awards.
Sec. 5145. Matching requirement.
TITLE LII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 5201. Short title.
Sec. 5202. Purpose.
[[Page S6441]]
Sec. 5203. Sense of Congress.
Sec. 5204. Definitions.
Sec. 5205. Workforce study.
Sec. 5206. Accelerating innovation at Cooperative Institutes.
Sec. 5207. Blue Economy valuation.
Sec. 5208. No additional funds authorized.
Sec. 5209. No additional funds authorized.
TITLE LIII--REGIONAL OCEAN PARTNERSHIPS
Sec. 5301. Short title.
Sec. 5302. Findings; sense of Congress; purposes.
Sec. 5303. Regional Ocean Partnerships.
TITLE LIV--NATIONAL OCEAN EXPLORATION
Sec. 5401. Short title.
Sec. 5402. Findings.
Sec. 5403. Definitions.
Sec. 5404. Ocean Policy Committee.
Sec. 5405. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 5406. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric Administration.
Sec. 5407. Repeal.
Sec. 5408. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric Administration.
Sec. 5409. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE LV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 5501. Short title.
Sec. 5502. Data collection and dissemination.
Sec. 5503. Stranding or entanglement response agreements.
Sec. 5504. Unusual mortality event activity funding.
Sec. 5505. Liability.
Sec. 5506. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 5507. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 5508. Health MAP.
Sec. 5509. Reports to Congress.
Sec. 5510. Authorization of appropriations.
Sec. 5511. Definitions.
Sec. 5512. Study on marine mammal mortality.
TITLE LVI--VOLCANIC ASH AND FUMES
Sec. 5601. Short title.
Sec. 5602. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE LVII--WILDFIRE AND FIRE WEATHER PREPAREDNESS
Sec. 5701. Short title.
Sec. 5702. Definitions.
Sec. 5703. Establishment of fire weather services program.
Sec. 5704. National Oceanic and Atmospheric Administration data
management.
Sec. 5705. Digital fire weather services and data management.
Sec. 5706. High-performance computing.
Sec. 5707. Government Accountability Office report on fire weather
services program.
Sec. 5708. Fire weather testbed.
Sec. 5709. Fire weather surveys and assessments.
Sec. 5710. Incident Meteorologist Service.
Sec. 5711. Automated surface observing system.
Sec. 5712. Emergency response activities.
Sec. 5713. Government Accountability Office report on interagency
wildfire forecasting, prevention, planning, and
management bodies.
Sec. 5714. Amendments to Infrastructure Investment and Jobs Act
relating to wildfire mitigation.
Sec. 5715. Wildfire technology modernization amendments.
Sec. 5716. Cooperation; coordination; support to non-Federal entities.
Sec. 5717. International coordination.
Sec. 5718. Submissions to Congress regarding the fire weather services
program, incident meteorologist workforce needs, and
National Weather Service workforce support.
Sec. 5719. Government Accountability Office report; Fire Science and
Technology Working Group; strategic plan.
Sec. 5720. Fire weather rating system.
Sec. 5721. Avoidance of duplication.
Sec. 5722. Authorization of appropriations.
TITLE LVIII--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 5801. Short title.
Sec. 5802. Definitions.
Sec. 5803. Purposes.
Sec. 5804. Plan and implementation of plan to make certain models and
data available to the public.
Sec. 5805. Requirement to review models and leverage innovations.
Sec. 5806. Report on implementation.
Sec. 5807. Protection of national security interests.
Sec. 5808. Authorization of appropriations.
TITLE LI--CORAL REEF CONSERVATION
SEC. 5101. SHORT TITLE.
This title may be cited as the ``Restoring Resilient Reefs
Act of 2022``.
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
SEC. 5111. 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--
(1) by redesignating sections 209 and 210 as sections 217
and 218, respectively;
(2) by striking sections 202 through 208 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,
ocean acidification, 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 with coral reef equities;
``(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 the rapid and effective, science-based
assessment and response to exigent circumstances that pose
immediate and long-term threats to coral reefs, such as coral
disease, invasive or nuisance species, coral bleaching,
natural disasters, and industrial or mechanical disasters,
such as vessel groundings, hazardous spills, or 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 in effect
under section 204; 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) 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;
[[Page S6442]]
``(7) monitoring and responding to severe bleaching or
mortality events, disease outbreaks, invasive species
outbreaks, and significant maritime accidents, including
chemical spill cleanup and the removal of grounded vessels;
``(8) conducting scientific research that contributes to
the understanding, sustainable use, and long-term
conservation of coral reefs;
``(9) enhancing public awareness, understanding, and
appreciation of coral reefs and coral reef ecosystems; and
``(10) centrally archiving, managing, and distributing data
sets and coral reef ecosystem assessments and publishing such
information on publicly available internet websites, by means
such as leveraging and partnering with existing data
repositories, of--
``(A) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(B) the Task Force.
``(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 Restoring Resilient Reefs Act of 2022,
develop a national coral reef resilience strategy; and
``(2) periodically thereafter, but not less frequently than
once every 15 years (and not less frequently than once every
5 years, in the case of guidance on best practices under
subsection (b)(4)), review and revise the strategy 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, datasets, 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 213 and cooperative agreements under
section 208; and
``(C) research priorities for the reef research
coordination institutes designated under section 214.
``(3) A designation of priority areas for conservation, and
priority areas for restoration, to support the review and
approval of grants under section 213(e).
``(4) 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 coordination
institutes and research centers designated under section 214,
and recipients of grants under section 213; 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
publicly available internet 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 Restoring Resilient Reefs Act of 2022,
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 a management 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 mid-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 and water quality
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 non-cash 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 in effect under section 204.
``(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 mid-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 non-cash 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;
[[Page S6443]]
``(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 all 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 publicly available internet
websites of--
``(1) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(2) the Task Force.
``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.
``(a) In General.--To further the 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.
``(3) A coral reef research center designated under section
214(b).
``(4) A nongovernmental organization.
``(5) 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
214(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.--The Administrator shall provide block
grants of financial assistance to covered States 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 in effect under section 204.
``(b) Eligibility for Additional Amounts.--
``(1) In general.--A covered State shall qualify for and
receive additional grant amounts beyond the base award
specified in subsection (c)(1) if there is at least one coral
reef action plan in effect within the jurisdiction of the
covered State developed by that covered State or a non-
Federal coral reef stewardship partnership.
``(2) Waiver for certain fiscal years.--The Administrator
may waive the requirement under paragraph (1) during fiscal
years 2023 and 2024.
``(c) Funding Formula.--Subject to the availability of
appropriations, the amount of each block grant awarded to a
covered State under this section shall be the sum of--
``(1) a base award of $100,000; and
``(2) if the State is eligible under subsection (b)--
``(A) an amount that is equal to non-Federal expenditures
of up to $3,000,000 on coral reef management and restoration
activities within the jurisdiction of the State, as reported
within the previous fiscal year; and
``(B) an additional amount, from any funds appropriated for
block grants under this section that remain after
distribution under subparagraph (A) and paragraph (1), based
on the proportion of the State`s share of total non-Federal
expenditures on coral reef management and restoration
activities, as reported within the previous fiscal year, in
excess of $3,000,000, relative to other covered States.
``(d) Exclusions.--For the purposes of calculating block
grant amounts under subsection (c), Federal funds provided to
a covered State or non-Federal coral reef stewardship
partnership shall not be considered as qualifying non-Federal
expenditures, but non-Federal matching funds used to leverage
Federal awards may be considered as qualifying non-Federal
expenditures.
``(e) Responsibilities of the Administrator.--The
Administrator is responsible for--
``(1) providing guidance on qualifying non-Federal
expenditures and the proper documentation of such
expenditures;
``(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.
``(f) Responsibilities of Covered States.--Each covered
State is responsible for documenting non-Federal expenditures
within the jurisdiction of the State and formally reporting
those expenditures for review in response to annual
solicitations by the Administrator under subsection (e).
``SEC. 208. COOPERATIVE AGREEMENTS.
``(a) In General.--The Administrator shall seek to enter
into cooperative agreements with covered States to fund coral
reef conservation and restoration activities in waters
managed under the jurisdiction of those covered States that
are consistent with the national coral reef resilience
strategy in effect under section 204 and any applicable
action plans under section 205.
``(b) 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.
``(c) Funding.--Cooperative agreements under subsection (a)
shall provide not less than $500,000 to each covered State
and are not subject to any matching requirement.
``SEC. 209. 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 Restoring Resilient Reefs
Act of 2022 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 in effect
under section 204; 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 in effect
under section 204.
``(c) Authorization to Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into
under subsection (a), the
[[Page S6444]]
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 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. 210. EMERGENCY ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of
law, from funds appropriated pursuant to the authorization of
appropriations under section 217, 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) other circumstances that pose an urgent threat to
coral reefs.
``(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;
``(C) in the case of an incident described in subsection
(b)(5), a statement of whether legal action was commenced
under subsection (c), and the rationale for the decision; and
``(D) 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. 211. 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 210--
``(A) in partnership with non-Federal stakeholders; and
``(B) in a manner that is consistent with--
``(i) the national coral reef resilience strategy in effect
under section 204; 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.
``(d) Administration.--Under an agreement entered into
under subsection (a), and subject to the availability of
appropriations, the Administrator may transfer funds
appropriated 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. 212. VESSEL GROUNDING INVENTORY.
``The Administrator, in coordination with the Commandant of
the Coast Guard, the Administrator of the Maritime
Administration, and the heads of other Federal and State
agencies as appropriate, shall establish and maintain an
inventory of all vessel grounding incidents involving United
States coral reefs, including a description of--
``(1) the location of each such incident;
``(2) vessel and ownership information relating to each
such incident, if available;
``(3) the impacts of each such incident to coral reefs,
coral reef ecosystems, and related natural resources;
``(4) the estimated cost of removal of the vessel,
remediation, or restoration arising from each such incident;
``(5) any response actions taken by the owner of the
vessel, the Administrator, the Commandant, or representatives
of other Federal or State agencies;
``(6) the status of such response actions, including--
``(A) when the grounded vessel was removed, the costs of
removal, and the how the removal was resourced;
``(B) a narrative and timeline of remediation or
restoration activities undertaken by a Federal agency or
agencies;
``(C) any emergency or disaster assistance provided under
section 210 or 211;
``(D) any actions taken to prevent future grounding
incidents; and
``(7) recommendations for additional navigational aids or
other mechanisms for preventing future grounding incidents.
``SEC. 213. 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--
``(i) with responsibility for coral reef management; or
``(ii) the activities of which directly or indirectly
affect coral reefs or coral reef ecosystems;
``(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
214(b); or
``(E) another 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.
[[Page S6445]]
``(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 (f)(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 under
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 in effect under
section 204.
``(3) Prioritization of restoration projects.--The
Administrator shall prioritize the awarding of funding for
projects that meet the criteria for approval under
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 in effect under
section 204.
``(4) 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 in effect
under section 204; 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, 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 listed coral species in United States waters as
detailed in the population-based recovery criteria included
in species-specific recovery plans consistent with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(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, ocean acidification, 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, ocean acidification, 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 the Pacific Ocean within the maritime
areas and zones 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 the Atlantic Ocean, the Gulf of
Mexico, or the Caribbean Sea within the maritime areas and
zones subject to the jurisdiction or control of the United
States.
``(3) Not more than 67 percent of funds distributed in each
region in accordance with paragraphs (1) and (2) shall 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.
``(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. 214. NON-FEDERAL 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) and may enter into contracts with other coral
reef research centers designated under subsection (b) within
the same basin to support the institute`s capacity and reach.
``(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 in effect under section 204;
``(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 governmental resource
management agencies, coral reef stewardship partnerships,
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 under
section 204; and
``(II) coral reef action plans under section 205;
``(iii) build capacity within non-Federal governmental
resource management agencies to establish research priorities
and
[[Page S6446]]
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, as well as other
academic and nonprofit organizations; and
``(D) maintains significant local community engagement and
outreach programs related to coral reef ecosystems.
``SEC. 215. REPORTS ON ADMINISTRATION.
``Not later than 3 years after the date of the enactment of
the Restoring Resilient Reefs Act of 2022, and every 2 years
thereafter, 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 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 most recent national coral reef resilience
strategy under section 204;
``(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 the authorities of
this title.
``SEC. 216. CORAL REEF PRIZE COMPETITIONS.
``(a) In General.--The head of any Federal agency with a
representative serving on the United States Coral Reef Task
Force established by Executive Order 13089 (16 U.S.C. 6401
note; relating to coral reef protection), 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 ocean acidification, 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.``;
(3) in section 217, as redesignated by paragraph (1)--
(A) in subsection (c), by striking ``section 204`` and
inserting ``section 213``;
(B) in subsection (d), by striking ``under section 207``
and inserting ``authorized under this title``; and
(C) by adding at the end the following:
``(e) Block Grants.--There is authorized to be appropriated
to the Administrator $10,000,000 for each of fiscal years
2023 through 2027 to carry out section 207.
``(f) Cooperative Agreements.--There is authorized to be
appropriated to the Administrator $10,000,000 for each of
fiscal years 2023 through 2027 to carry out section 208.
``(g) Non-Federal Coral Reef Research.--There is authorized
to be appropriated to the Administrator $4,500,000 for each
of fiscal years 2023 through 2027 for agreements with the
reef research coordination institutes designated under
section 214.``; and
(4) by amending section 218, as redesignated by paragraph
(1), to read as follows:
``SEC. 218. 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 consistent with
the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.)
and the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.);
``(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 referred to in paragraph (5).
``(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 affect coral calcification rates, tissue growth,
reproduction, recruitment, abundance, coral-algal symbiosis,
and biodiversity in such habitat.
``(9) Covered native entity.--The term `covered Native
entity` means a Native entity of a covered State with
interests in a coral reef ecosystem.
``(10) 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(d).
``(11) 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.
``(12) 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.
``(C) Agency jurisdiction.--Nothing in this Act shall be
construed to expand the management authority of a Federal
agency specified in subparagraph (B) or a coral reef
stewardship partnership under section 206(c) to coral reefs
or coral reef ecosystems outside the boundaries of the
jurisdiction of the agency or partnership.
``(13) 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).
``(14) Interested stakeholder groups.--The term `interested
stakeholder groups` includes community members such as
businesses, commercial and recreational fishermen, other
recreationalists, covered Native
[[Page S6447]]
entities, Federal, State, and local government units with
related jurisdiction, institutions of higher education, and
nongovernmental organizations.
``(15) 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)).
``(16) Nonprofit organization.--The term `nonprofit
organization` means any corporation, trust, association,
cooperative, or other organization, not including an
institutions 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.
``(17) 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.
``(18) 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 ecosystem services, as determined by clearly
identifiable, measurable, and science-based standards.
``(19) Secretary.--The term `Secretary` means the Secretary
of Commerce.
``(20) 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.
``(21) Stewardship.--The term `stewardship`, with respect
to a coral reef, includes conservation, restoration, and
public outreach and education.
``(22) Task force.--The term `Task Force` means the United
States Coral Reef Task Force established under section 201 of
the Restoring Resilient Reefs Act of 2022.``.
(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``.
Subtitle B--United States Coral Reef Task Force
SEC. 5121. 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. 5122. 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 214(b) of the Coral Reef Conservation Act of 2000 (as
amended by section 5111), 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 developed
under section 204 of the Coral Reef Conservation Act of 2000,
as amended by section 5111;
(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 under
section 204 of the Coral Reef Conservation Act of 2000, as
amended by section 5111; 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 a
publicly available internet website of the Task Force,
highlighting the status of the coral reef equities 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 equities.
SEC. 5123. 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. 5124. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.
(a) In General.--A member of the Task Force described in
section 5123(a) shall--
(1) identify the actions of the agency that member
represents that may affect coral reef ecosystems;
(2) utilize 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 administer performance of the functions of the Task
Force and facilitate the coordination of the members of the
Task Force described in section 5123(a).
SEC. 5125. 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. 5126. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees`` means--
[[Page S6448]]
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) 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 Native entity``, ``covered reef
manager``, ``covered State``, ``Federal reef manager``,
``Native entity``, ``restoration``, ``resilience``, and
``State`` have the meanings given those terms in section 218
of the Coral Reef Conservation Act of 2000, as amended by
section 5111.
Subtitle C--Department of the Interior Coral Reef Authorities
SEC. 5131. 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 in effect
under section 204 of the Coral Reef Conservation Act of 2000,
as amended by section 5111; and
(2) coral reef action plans in effect under section 205 of
that Act, 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 5111; 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 section
5111.
(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 amended by section
5111.
(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 in effect under section 204 of the Coral Reef
Conservation Act of 2000, as amended by section 5111; and
(2) support and enhance the success of coral reef action
plans in effect under section 205 of that Act.
(e) Definitions.--In this section:
(1) Conservation, coral, coral reef, etc.--The terms
``conservation``, ``coral reef``, ``covered reef manager``,
``covered State``, ``restoration``, and ``State`` have the
meanings given those terms in section 218 of the Coral Reef
Conservation Act of 2000, as amended by section 5111.
(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. 5141. SHORT TITLE.
This subtitle may be cited as the ``Susan L. Williams
National Coral Reef Management Fellowship Act of 2022``.
SEC. 5142. DEFINITIONS.
In this subtitle:
(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 section 5143.
(4) Covered native entity.--The term ``covered Native
entity`` means a Native entity of a covered State with
interests in a coral reef ecosystem.
(5) 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.
(6) 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)).
(7) Secretary.--The term ``Secretary`` means the Secretary
of Commerce.
SEC. 5143. ESTABLISHMENT OF FELLOWSHIP PROGRAM.
(a) In General.--There is established a National Coral Reef
Management Fellowship Program.
(b) Purposes.--The purposes of the fellowship are--
(1) to encourage future leaders of the United States to
develop additional coral reef management capacity in States
and local communities with coral reefs;
(2) to provide management agencies of covered States or
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
(3) to provide fellows with professional experience in
management of coastal and coral reef resources.
SEC. 5144. FELLOWSHIP AWARDS.
(a) In General.--The Secretary, in partnership with the
Secretary of the Interior, shall award the fellowship in
accordance with this section.
(b) Term of Fellowship.--A fellowship awarded under this
section shall be for a term of not more than 24 months.
(c) Qualifications.--The Secretary shall award the
fellowship to individuals who have demonstrated--
(1) an intent to pursue a career in marine services and
outstanding potential for such a career;
(2) leadership potential, actual leadership experience, or
both;
(3) a college or graduate degree in biological science, a
resource management college or graduate degree with
experience that correlates with aptitude and interest for
marine management, or both;
(4) proficient writing and speaking skills; and
(5) such other attributes as the Secretary considers
appropriate.
SEC. 5145. MATCHING REQUIREMENT.
(a) In General.--Except as provided in subsection (b), the
non-Federal share of the costs of a fellowship under this
section shall be 25 percent of such costs.
(b) Waiver of Requirements.--The Secretary may waive the
application of subsection (a) if the Secretary finds that
such waiver is necessary to support a project that the
Secretary has identified as a high priority.
TITLE LII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
SEC. 5201. SHORT TITLE.
This title may be cited as the ``Bolstering Long-term
Understanding and Exploration of the Great Lakes, Oceans,
Bays, and Estuaries Act`` or the ``BLUE GLOBE Act``.
SEC. 5202. 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 science and operational decision making.
SEC. 5203. SENSE OF CONGRESS.
It is the sense of Congress that Federal agencies should
optimize data collection, management, and dissemination, to
the extent practicable, to maximize their impact for
research, conservation, commercial, regulatory, national
security, and educational benefits and to foster innovation,
scientific discoveries, the development of commercial
products, and the development of sound policy with respect to
the Great Lakes, oceans, bays, estuaries, and coasts.
SEC. 5204. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator`` means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary`s capacity as Administrator of the National
Oceanic and Atmospheric Administration.
(2) 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).
SEC. 5205. 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) in the matter preceding paragraph (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;``
[[Page S6449]]
(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 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 Bolstering Long-
term Understanding and Exploration of the Great Lakes,
Oceans, Bays, and Estuaries Act``;
(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. 5206. ACCELERATING INNOVATION AT COOPERATIVE INSTITUTES.
(a) Focus on Emerging Technologies.--The Administrator
shall consider evaluating the goals of one or more
Cooperative Institutes of the National Oceanic and
Atmospheric 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.--If appropriate, 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. 5207. BLUE ECONOMY VALUATION.
(a) Measurement of Blue Economy Industries.--The
Administrator, in consultation with the heads of other
relevant Federal agencies, 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
considers appropriate (known as ``Blue Economy`` industries).
(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 less frequently than once every 2 years
until the date that is 20 years after the date of the
enactment of this Act, the Administrator, in consultation
with the heads of other relevant Federal agencies, shall
publish a report that--
(1) defines the Blue Economy, in coordination with Indian
Tribes, academia, the private sector, nongovernmental
organizations, and other relevant experts;
(2) makes recommendations for updating North American
Industry Classification System (NAICS) 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.
SEC. 5208. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are to be authorized to carry out this
title.
SEC. 5209. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to
carry out this title.
TITLE LIII--REGIONAL OCEAN PARTNERSHIPS
SEC. 5301. SHORT TITLE.
This title may be cited as the ``Regional Ocean Partnership
Act``.
SEC. 5302. FINDINGS; SENSE OF CONGRESS; 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) Sense of Congress.--It is the sense of Congress that--
(1) the United States should seek to support interstate
coordination of shared regional priorities relating to the
management, conservation, resilience, and restoration of
ocean, coastal, and Great Lakes areas to maximize
efficiencies through collaborative regional efforts by
Regional Ocean Partnerships, in coordination with Federal and
State agencies, Indian Tribes, and local authorities;
(2) such efforts would enhance existing and effective
ocean, coastal, and Great Lakes management efforts of States
and Indian Tribes based on shared regional priorities; and
(3) Regional Ocean Partnerships should coordinate with
Indian Tribes.
(c) 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
[[Page S6450]]
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. 5303. 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 that term 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, a Regional
Coastal Partnership, or a Regional Great Lakes Partnership.
(b) Regional Ocean Partnerships.--
(1) In general.--A coastal state may participate in a
Regional Ocean Partnership with one or more--
(A) coastal states that share a common ocean or coastal
area with the coastal state, without regard to whether the
coastal states are contiguous; and
(B) States--
(i) with which the coastal state shares a common watershed;
or
(ii) that would contribute to the priorities of the
partnership.
(2) Great lakes.--A partnership consisting of one or more
coastal states bordering one or more of the Great Lakes may
be known as a ``Regional Coastal Partnership`` or a
``Regional Great Lakes Partnership``.
(3) Application.--The Governor of a coastal state or the
Governors of a group of coastal states may apply to the
Secretary of Commerce, on behalf of a partnership, for the
partnership to receive designation as a Regional Ocean
Partnership if the partnership--
(A) meets the requirements under paragraph (4); and
(B) submits an application for such designation in such
manner, in such form, and containing such information as the
Secretary may require.
(4) Requirements.--A partnership is eligible for
designation as a Regional Ocean Partnership by the Secretary
under paragraph (3) if the partnership--
(A) is established to coordinate the management of ocean,
coastal, and Great Lakes resources among State governments
and Indian Tribes;
(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 (5), as determined by
the Secretary.
(5) Designation of certain entities as regional ocean
partnerships.--Notwithstanding paragraph (3) or (4), 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.
(c) Governing Bodies of Regional Ocean Partnerships.--
(1) In general.--A Regional Ocean Partnership designated
under subsection (b) shall have a governing body.
(2) Membership.--A governing body described in paragraph
(1)--
(A) 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
(B) may include such other members as the partnership
considers appropriate.
(d) Functions.--A Regional Ocean Partnership designated
under subsection (b) may perform the following functions:
(1) Promote coordination of the actions of the agencies of
coastal states 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 designated
under subsection (b) 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 designated
under subsection (b) may, in coordination with existing
Federal and State management programs, from amounts made
available to the partnership by the Administrator or the head
of another Federal agency, 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
multi-State 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 designated under
subsection (b), 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 designated under subsection (b).
(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 designated
under subsection (b) by the Administrator
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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.
(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 designated under subsection (b), 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).
TITLE LIV--NATIONAL OCEAN EXPLORATION
SEC. 5401. SHORT TITLE.
This title may be cited as the ``National Ocean Exploration
Act``.
SEC. 5402. 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. 5403. DEFINITIONS.
In this title:
(1) Characterization.--The term ``characterization`` refers
to activities that provide comprehensive data and
interpretations for a specific area of interest of the
seafloor, 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`` refers to
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`` refers to 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. 5404. 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 Decision Making.--
(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 National Ocean
Exploration Act, 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.``.
SEC. 5405. 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--
[[Page S6452]]
(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;
(I) establish standardized collection and data management
protocols, such as with respect to metadata, for ocean
mapping, exploration, and characterization with appropriate
safeguards on the public accessibility of data to protect
national security equities;
(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.
(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. 5406. 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 coordination 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, 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)--
(i) by inserting ``, in collaboration with the National
Ocean Mapping, Exploration, and Characterization Council
established under section 5405 of the National Ocean
Exploration Act,`` after ``forum``; and
(ii) by striking the period at the end and inserting ``;
and``; and
(H) by adding at the end the following:
``(7) provide guidance, in coordination 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.``.
(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 and donations of property,
data, and equipment; and
``(2) 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; relating to the
exclusive economic zone of the United States of America).``.
(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; and
``(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.
``(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 (STEM) technical training
programs involving secondary schools, community colleges, and
universities, including Historically Black Colleges or
Universities (within the meaning of the term ``part B
institution`` under section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061)), Tribal Colleges or Universities
(as defined in section 316(b) of such Act (20 U.S.C.
1059c(b))), and other minority-serving institutions (as
described in section 371(a) of such Act (20 U.S.C.
1067q(a))).
``(c) Outreach Strategy.--Not later than 180 days after the
date of the enactment of
[[Page S6453]]
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)(1) of such Act (33
U.S.C. 3505(1)) is amended by inserting ``and the National
Ocean Mapping, Exploration, and Characterization Council
established under section 5405 of the National Ocean
Exploration Act`` after ``advise the Administrator``.
(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` refer to activities that
provide comprehensive data and interpretations for a specific
area of interest of the seafloor, 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` refer to 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, archaeological, or other
characteristics of such an area.
``(3) Mapping.--The terms `map` and `mapping` refer to
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.``.
(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. 5407. 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. 5408. 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 decision-making 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) in the first sentence, by striking ``senior`` both
places it appears and inserting ``senior-level``;
(B) in the third sentence, 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
(C) by striking the second sentence.
(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
[[Page S6454]]
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 pre-
established 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.--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 our 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 appropriated 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. 5409. 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--
[[Page S6455]]
(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 LV--MARINE MAMMAL RESEARCH AND RESPONSE
SEC. 5501. SHORT TITLE.
This title may be cited as the ``Marine Mammal Research and
Response Act of 2022``.
SEC. 5502. 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 paragraphs (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
is 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 is 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 is not described in
subsection (c).``.
SEC. 5503. 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. 5504. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
Section 405 the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421d) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Uses.--Amounts in the Fund--
``(1) 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--
``(A) 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);
``(B) 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
``(C) for the care and maintenance of a marine mammal
seized under section 104(c)(2)(D); and
``(2) shall remain available until expended.``; and
[[Page S6456]]
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and`` at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) not more than $250,000 per year, as determined by the
Secretary of Commerce, from sums collected as fines,
penalties, or forfeitures of property by the Secretary of
Commerce for violations of any provision of this Act; and
``(5) sums received from emergency declaration grants for
marine mammal conservation.``.
SEC. 5505. 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. 5506. 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. 5507. 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.--Subject to the availability of
appropriations or other funding, 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 sub regions (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) Limitations.--
``(A) Maximum grant amount.--No grant made under the grant
program for a single award may exceed $150,000 in any 12-
month period.
``(B) Unexpended funds.--Any funds that have been awarded
under the grant program but that are unexpended at the end of
the 12-month period described in subparagraph (A) shall
remain available until expended.
``(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 Marine
Mammal Research and Response Act of 2022.
``(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.--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.``.
[[Page S6457]]
(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. 5508. 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 Marine Mammal Research and Response Act of
2022, 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) Contributions.--For 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.``.
(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. 5509. 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 year after the date of
enactment of the Marine Mammal Research and Response Act of
2022, 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 Marine Mammal Research and Response Act of
2022, the Administrator of the National Oceanic
[[Page S6458]]
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. 5510. 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. 5511. 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. 5512. 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 LVI--VOLCANIC ASH AND FUMES
SEC. 5601. SHORT TITLE.
This title may be cited as the ``Volcanic Ash and Fumes Act
of 2022``.
SEC. 5602. 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, DC, 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
[[Page S6459]]
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 LVII--WILDFIRE AND FIRE WEATHER PREPAREDNESS
SEC. 5701. SHORT TITLE.
This title may be cited as the ``Fire Ready Nation Act of
2022``.
SEC. 5702. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration`` means the
National Oceanic and Atmospheric Administration.
(2) 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 Science, Space, and Technology of the
House of Representatives.
(3) Earth system model.--The term ``Earth system model``
means a mathematical model containing all relevant components
of the Earth, namely the atmosphere, oceans, land,
cryosphere, and biosphere.
(4) Fire environment.--The term ``fire environment``
means--
(A) the environmental conditions, such as soil moisture,
vegetation, topography, snowpack, atmospheric temperature,
moisture, and wind, that influence--
(i) fuel and fire behavior; and
(ii) smoke dispersion and transport; and
(B) the associated environmental impacts occurring during
and after fire events.
(5) Fire weather.--The term ``fire weather`` means the
weather conditions that influence the start, spread,
character, or behavior of wildfire or fires at the wildland-
urban interface and relevant meteorological and chemical
phenomena, including air quality, smoke, and meteorological
parameters such as relative humidity, air temperature, wind
speed and direction, and atmospheric composition and
chemistry, including emissions and mixing heights.
(6) Impact-based decision support services.--The term
``impact-based decision support services`` means forecast
advice and interpretative services the Administration
provides to help core partners, such as emergency personnel
and public safety officials, make decisions when weather,
water, and climate impact the lives and livelihoods of the
people of the United States.
(7) Seasonal.--The term ``seasonal`` has the meaning given
that term in section 2 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8501).
(8) Secretary.--The term ``Secretary`` means the Secretary
of Commerce.
(9) Smoke.--The term ``smoke`` means emissions, including
the gases and particles released into the air as a result of
combustion.
(10) State.--The term ``State`` means a State, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
United State Virgin Islands, the Federated States of
Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau.
(11) Subseasonal.--The term ``subseasonal`` has the meaning
given that term in section 2 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8501).
(12) 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).
(13) Under secretary.--The term ``Under Secretary`` means
the Under Secretary of Commerce for Oceans and Atmosphere.
(14) Weather enterprise.--The term ``weather enterprise``
has the meaning given that term in section 2 of the Weather
Research and Forecasting Innovation Act of 2017 (15 U.S.C.
8501).
(15) Wildfire.--The term ``wildfire`` means any non-
structure fire that occurs in vegetation or natural fuels,
originating from an unplanned ignition.
(16) Wildland-urban interface.--The term ``wildland-urban
interface`` means the area, zone, or region of transition
between unoccupied or undeveloped land and human development
where structures and other human development meet or
intermingle with undeveloped wildland or vegetative fuels.
SEC. 5703. ESTABLISHMENT OF FIRE WEATHER SERVICES PROGRAM.
(a) In General.--The Under Secretary shall establish and
maintain a coordinated fire weather services program among
the offices of the Administration in existence as of the date
of the enactment of this Act and designated by the Under
Secretary.
(b) Program Functions.--The functions of the program
established under subsection (a), consistent with the
priorities described in section 101 of the Weather Research
and Forecasting Innovation Act of 2017 (15 U.S.C. 8511),
shall be--
(1) to support readiness, responsiveness, understanding,
and overall resilience of the United States to wildfires,
fire weather, smoke, and other associated conditions,
hazards, and impacts in built and natural environments and at
the wildland-urban interface;
(2) to collaboratively develop and disseminate accurate,
precise, effective, and timely risk communications,
forecasts, watches, and warnings relating to wildfires, fire
weather, smoke, and other associated conditions, hazards, and
impacts, as applicable, with Federal land management
agencies;
(3) to partner with and support the public, Federal, State,
and Tribal governments, and academic and local partners
through the development of capabilities, impact-based
decision support services, and overall service delivery and
utility;
(4) to conduct and support research and development of new
and innovative models, technologies, techniques, products,
systems, processes, and procedures to improve understanding
of wildfires, fire weather, air quality, and the fire
environment;
(5) to develop strong research-to-operations and
operations-to-research transitions, in order to facilitate
delivery of products, services, and tools to operational
users and platforms; and
(6) to develop, in coordination with Federal land
management agencies and the Armed Forces, as appropriate,
impact-based decision support services that operationalize
and integrate the functions described in paragraphs (1)
through (5) in order to provide comprehensive impact-based
decision support services that encompass the fire
environment.
(c) Program Priorities.--In developing and implementing the
program established under subsection (a), the Under Secretary
shall prioritize--
(1) development of a fire weather-enabled Earth system
model and data assimilation systems that--
(A) are capable of prediction and forecasting across
relevant spatial and temporal timescales;
(B) include variables associated with fire weather, air
quality from smoke, and the fire environment;
(C) improve understanding of the connections between fire
weather and modes of climate variability; and
(D) incorporate emerging techniques such as artificial
intelligence, machine learning, and cloud computing;
(2) advancement of existing and new observational
capabilities, including satellite-, airborne-, air-, and
ground-based systems and technologies and social networking
and other public information-gathering applications that--
(A) identify--
(i) high-risk pre-ignition conditions;
(ii) conditions that influence fire behavior and spread
including those conditions that suppress active fire events;
and
(iii) fire risk values;
(B) support real-time notification and monitoring of
ignitions;
(C) support observations and data collection of fire
weather and fire environment variables, including smoke, for
development of the model and systems under paragraph (1); and
(D) support forecasts and advancing understanding and
research of the impacts of wildfires on military activities,
human health, ecosystems, climate, transportation, and
economies; and
(3) development and implementation of advanced and user-
oriented impact-based decision tools, science, and
technologies that--
(A) ensure real-time and retrospective data, products, and
services are findable, accessible, interoperable, usable,
inform further research, and are analysis- and decision-
ready;
(B) provide targeted information throughout the fire
lifecycle including pre-ignition, detection, forecasting,
post-fire, and monitoring phases; and
(C) support early assessment of post-fire hazards, such as
air quality, debris flows, mudslides, and flooding.
(d) Program Activities.--In developing and implementing the
program established under subsection (a), the Under Secretary
may--
(1) conduct relevant physical and social science research
activities in support of the functions described in
subsection (b) and the priorities described in subsection
(c);
(2) conduct relevant activities, in coordination with
Federal land management agencies and Federal science
agencies, to assess fuel characteristics, including moisture,
loading, and other parameters used to determine fire risk
levels and outlooks;
(3) support and conduct research that assesses impacts to
marine, riverine, and other relevant ecosystems, which may
include forest and rangeland ecosystems, resulting from
activities associated with mitigation of and response to
wildfires;
(4) support and conduct attribution science research
relating to wildfires, fire weather, fire risk, smoke, and
associated conditions, risks, and impacts;
(5) develop smoke and air quality forecasts, forecast
guidance, and prescribed burn weather forecasts, and conduct
research on the impact of such forecasts on response behavior
that minimizes health-related impacts from smoke exposure;
(6) use, in coordination with Federal land management
agencies, wildland fire resource
[[Page S6460]]
intelligence to inform fire environment impact-based decision
support products and services for safety;
(7) work with Federal agencies to provide data, tools, and
services to support determinations by such agencies for the
implementation of mitigation measures;
(8) provide training and support to ensure effective media
utilization of impact-based decision support products and
guidance to the public regarding actions needing to be taken;
(9) provide comprehensive training to ensure staff of the
program established under subsection (a) is properly equipped
to deliver the impact-based decision support products and
services described in paragraphs (1) through (6); and
(10) acquire through contracted purchase private sector-
produced observational data to fill identified gaps, as
needed.
(e) Collaboration; Agreements.--
(1) Collaboration.--The Under Secretary shall, as the Under
Secretary considers appropriate, collaborate and consult with
partners in the weather and climate enterprises, academic
institutions, States, Tribal governments, local partners, and
Federal agencies, including land and fire management
agencies, in the development and implementation of the
program established under subsection (a).
(2) Agreements.--The Under Secretary may enter into
agreements in support of the functions described in
subsection (b), the priorities described in subsection (c),
the activities described in subsection (d), and activities
carried out under section 5708.
(f) Program Administration Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary shall submit
to the appropriate committees of Congress a plan that details
how the program established under subsection (a) will be
administered and governed within the Administration.
(2) Elements.--The plan required by paragraph (1) should
include a description of--
(A) how the functions described in subsection (b), the
priorities described in subsection (c), and the activities
described in subsection (d) will be distributed among the
line offices of the Administration; and
(B) the mechanisms in place to ensure seamless coordination
among those offices.
SEC. 5704. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DATA MANAGEMENT.
Section 301 of the Weather Research and Forecasting
Innovation Act of 2017 (15 U.S.C. 8531) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Data Availability and Management.--
``(1) In general.--The Under Secretary shall--
``(A) make data and metadata generated or collected by the
National Oceanic and Administration that the Under Secretary
has the legal right to redistribute fully and openly
available, in accordance with chapter 35 of title 44, United
States Code, and the Foundations for Evidence-Based
Policymaking Act of 2018 (Public Law 115-435; 132 Stat. 5529)
and the amendments made by that Act, and preserve and curate
such data and metadata, in accordance with chapter 31 of
title 44, United States Code (commonly known as the `Federal
Records Act of 1950`), in order to maximize use of such data
and metadata; and
``(B) manage and steward the access, archival, and
retrieval activities for the data and metadata described in
subparagraph (A) by--
``(i) using--
``(I) enterprise-wide infrastructure, emerging
technologies, commercial partnerships, and the skilled
workforce needed to provide appropriate data management from
collection to broad access; and
``(II) associated information services; and
``(ii) pursuing the maximum interoperability of data and
information by--
``(I) leveraging data, information, knowledge, and tools
from across the Federal Government to support equitable
access, cross-sectoral collaboration and innovation, and
local planning and decision-making; and
``(II) developing standards and practices for the adoption
and citation of digital object identifiers for datasets,
models, and analytical tools.
``(2) Collaboration.--In carrying out this subsection, the
Under Secretary shall collaborate with such Federal partners
and stakeholders as the Under Secretary considers relevant--
``(A) to develop standards to pursue maximum
interoperability of data, information, knowledge, and tools
across the Federal Government, convert historical records
into common digital formats, and improve access and usability
of data by partners and stakeholders;
``(B) to identify and solicit relevant data from Federal
and international partners and other relevant stakeholders,
as the Under Secretary considers appropriate;
``(C) to develop standards and practices for the adoption
and citation of digital object identifiers for datasets,
models, and analytical tools; and
``(D) to ensure that, to the maximum extent possible, data
access and distribution is compatible with national security
equities.``.
SEC. 5705. DIGITAL FIRE WEATHER SERVICES AND DATA MANAGEMENT.
(a) In General.--
(1) Digital presence.--The Under Secretary shall develop
and maintain a comprehensive, centralized, and publicly
accessible digital presence designed to promote findability,
accessibility, interoperability, usability, and utility of
the services, tools, data, and information produced by the
program established under section 5703(a).
(2) Digital platform and tools.--In carrying out paragraph
(1), the Under Secretary shall seek to ensure the digital
platform and tools of the Administration integrate geospatial
data, decision support tools, training, and best practices to
provide real-time fire weather forecasts and address fire-
related issues and needs.
(b) Internet-based Tools.--In carrying out subsections (a)
and (b), the Under Secretary shall develop and implement
internet-based tools, such as webpages and smartphone and
other mobile applications, to increase utility and access to
services and products for the benefit of users.
SEC. 5706. HIGH-PERFORMANCE COMPUTING.
(a) In General.--The Under Secretary shall seek to acquire
sufficient high-performance computing resources and capacity
for research, operations, and data storage in support of the
program established under section 5703(a).
(b) Considerations.--In acquiring high-performance
computing capacity under subsection (a), the Under Secretary
shall consider requirements needed for--
(1) conducting research and development;
(2) the transition of research and testbed developments
into operations;
(3) capabilities existing in other Federal agencies and the
commercial sector; and
(4) skilled workforce development.
SEC. 5707. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FIRE
WEATHER SERVICES PROGRAM.
(a) In General.--Not later than 3 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the
program established under section 5703(a).
(b) Elements.--The report required by subsection (a)
shall--
(1) evaluate the performance of the program by establishing
initial baseline capabilities and tracking progress made
toward fully operationalizing the functions described in
section 5703(b); and
(2) include such other recommendations as the Comptroller
General determines are appropriate to improve the program.
SEC. 5708. FIRE WEATHER TESTBED.
(a) Establishment of Fire Weather Testbed.--The Under
Secretary shall establish a fire weather testbed that enables
engagement across the Federal Government, State and local
governments, academia, private and federally funded research
laboratories, the private sector, and end-users in order to
evaluate the accuracy and usability of technology, models,
fire weather products and services, and other research to
accelerate the implementation, transition to operations, and
use of new capabilities by the Administration, Federal and
land management agencies, and other relevant stakeholders.
(b) Uncrewed Aircraft Systems.--
(1) In general.--The Under Secretary shall--
(A) research and assess the role and potential of uncrewed
aircraft systems to improve data collection in support of
modeling, observations, predictions, forecasts, and impact-
based decision support services;
(B) transition uncrewed aircraft systems technologies from
research to operations as the Under Secretary considers
appropriate; and
(C) coordinate with other Federal agencies that may be
developing uncrewed aircraft systems and related technologies
to meet the challenges of wildland fire management.
(2) Pilot required.--In carrying out paragraph (1), not
later than 1 year after the date of the enactment of this
Act, the Under Secretary shall conduct pilots of uncrewed
aircraft systems for fire weather and fire environment
observations, including--
(A) testing of uncrewed systems in approximations of real-
world scenarios;
(B) assessment of the utility of meteorological data
collected from fire response and assessment aircraft;
(C) input of the collected data into appropriate models to
predict fire behavior, including coupled atmosphere and fire
models; and
(D) collection of best management practices for deployment
of uncrewed systems and other remote data technology,
including for communication and coordination between the
stakeholders described in subsection (a).
(3) Prohibition.--
(A) In general.--Except as provided under subparagraphs (B)
and (C), the Under Secretary may not procure any covered
uncrewed aircraft system that is manufactured or assembled by
a covered foreign entity, which includes associated elements
(consisting of communication links and the components that
control the uncrewed aircraft) that are required for the
operator to operate safely and efficiently in the national
airspace system. The Federal Acquisition Security Council, in
coordination with the Secretary of Transportation, shall
develop and update a list of associated elements.
(B) Exemption.--The Under Secretary, in consultation with
the Secretary of Homeland Security, is exempt from the
prohibition under subparagraph (A) if the operation or
procurement is necessary for the sole purpose of marine or
atmospheric science or management.
[[Page S6461]]
(C) Waiver.--The Under Secretary may waive the prohibition
under subparagraph (A) on a case-by-case basis--
(i) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(ii) upon notification to Congress.
(D) Definitions.--In this paragraph:
(i) Covered foreign entity.--The term ``covered foreign
entity`` means an entity included on a list developed and
maintained by the Federal Acquisition Security Council. The
list shall include entities in the following categories:
(I) An entity included on the Consolidated Screening List.
(II) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Homeland Security.
(III) Any entity the Secretary of Homeland Security, in
coordination with the Director of National Intelligence and
the Secretary of Defense, determines poses a national
security risk.
(IV) Any entity domiciled in the People`s Republic of China
or subject to influence or control by the Government of the
People`s Republic of China or the Communist Party of the
People`s Republic of China, as determined by the Secretary of
Homeland Security.
(V) Any subsidiary or affiliate of an entity described in
subclauses (I) through (IV).
(ii) Covered uncrewed aircraft system.--The term ``covered
uncrewed aircraft system`` has the meaning given the term
``unmanned aircraft system`` in section 44801 of title 49,
United States Code.
(4) Savings clause.--
(A) In general.--In carrying out activities under this
subsection, the Under Secretary shall ensure that any testing
or deployment of uncrewed aircraft systems follow procedures,
restrictions, and protocols established by the heads of the
Federal agencies with statutory or regulatory jurisdiction
over any airspace in which wildfire response activities are
conducted during an active wildfire event.
(B) Consultation and coordination.--The Under Secretary
shall consult and coordinate with relevant Federal land
management agencies, Federal science agencies, and the
Federal Aviation Administration to develop processes for the
appropriate deployment of the systems described in
subparagraph (A).
(c) Additional Pilot Projects.--The Under Secretary shall
establish additional pilot projects relating to the fire
weather testbed that may include the following elements:
(1) Advanced satellite detection products.
(2) Procurement and use of commercial data.
SEC. 5709. FIRE WEATHER SURVEYS AND ASSESSMENTS.
(a) Annual Post-fire-weather Season Survey and
Assessment.--
(1) In general.--During the second winter following the
enactment of this Act, and each year thereafter, the Under
Secretary shall conduct a post-fire-weather season survey and
assessment.
(2) Elements.--After conducting a post-fire-weather season
survey and assessment under paragraph (1), the Under
Secretary shall--
(A) investigate any gaps in data collected during the
assessment;
(B) identify and implement strategies and procedures to
improve program services and information dissemination;
(C) update systems, processes, strategies, and procedures
to enhance the efficiency and reliability of data obtained
from the assessment;
(D) evaluate the accuracy and efficacy of physical fire
weather forecasting information for each incident included in
the survey and assessment; and
(E) assess and refine performance measures, as needed.
(b) Surveys and Assessments Following Individual Wildfire
Events.--The Under Secretary may conduct surveys and
assessments following individual wildfire events as the Under
Secretary determines necessary.
(c) Goal.--In carrying out activities under this section,
the Under Secretary shall seek to increase the number of
post-wildfire community impact studies, including by
surveying individual and collective responses and
incorporating other applicable topics of social science
research.
(d) Annual Briefing.--Not less frequently than once each
year, the Under Secretary shall provide a briefing to the
appropriate committees of Congress that provides--
(1) an overview of the fire season; and
(2) an outlook for the fire season for the coming year.
(e) Coordination.--In conducting any survey or assessment
under this section, the Under Secretary shall coordinate with
Federal, State, and local partners, Tribal governments,
private entities, and such institutions of higher education
as the Under Secretary considers relevant in order to--
(1) improve operations and collaboration; and
(2) optimize data collection, sharing, integration,
assimilation, and dissemination.
(f) Data Availability.--The Under Secretary shall make the
data and findings obtained from each assessment conducted
under this section available to the public in an accessible
digital format as soon as practicable after conducting the
assessment.
(g) Service Improvements.--The Under Secretary shall make
best efforts to incorporate the results and recommendations
of each assessment conducted under this section into the
research and development plan and operations of the
Administration.
SEC. 5710. INCIDENT METEOROLOGIST SERVICE.
(a) Establishment.--The Under Secretary shall establish and
maintain an Incident Meteorologist Service within the
National Weather Service (in this section referred to as the
``Service``).
(b) Inclusion of Existing Incident Meteorologists.--The
Service shall include--
(1) the incident meteorologists of the Administration as of
the date of the enactment of this Act; and
(2) such incident meteorologists of the Administration as
may be appointed after such date.
(c) Functions.--The Service shall provide--
(1) on-site impact-based decision support services to
Federal, State, Tribal government, and local government
emergency response agencies preceding, during, and following
wildland fires or other events that threaten life or
property, including high-impact and extreme weather events;
and
(2) support to Federal, State, Tribal government, and local
government decision makers, partners, and stakeholders for
seasonal planning.
(d) Deployment.--The Service shall be deployed--
(1) as determined by the Under Secretary; or
(2) at the request of the head of another Federal agency
and with the approval of the Under Secretary.
(e) Staffing and Resources.--In establishing and
maintaining the Service, the Under Secretary shall identify,
acquire, and maintain adequate levels of staffing and
resources to meet user needs.
(f) Symbol.--
(1) In general.--The Under Secretary may--
(A) create, adopt, and publish in the Federal Register a
symbol for the Service; and
(B) restrict the use of such symbol as appropriate.
(2) Use of symbol.--The Under Secretary may authorize the
use of a symbol adopted under this subsection by any
individual or entity as the Under Secretary considers
appropriate.
(3) Contract authority.--The Under Secretary may award
contracts for the creation of symbols under this subsection.
(4) Offense.--It shall be unlawful for any person--
(A) to represent themselves as an official of the Service
absent the designation or approval of the Under Secretary;
(B) to manufacture, reproduce, or otherwise use any symbol
adopted by the Under Secretary under this subsection,
including to sell any item bearing such a symbol, unless
authorized by the Under Secretary; or
(C) to violate any regulation promulgated by the Secretary
under this subsection.
(g) Support for Incident Meteorologists.--The Under
Secretary shall provide resources, access to real-time fire
weather forecasts, training, administrative and logistical
support, and access to professional counseling or other forms
of support as the Under Secretary considers appropriate for
the betterment of the emotional and mental health and well-
being of incident meteorologists and other employees of the
Administration involved with response to high-impact and
extreme fire weather events.
SEC. 5711. AUTOMATED SURFACE OBSERVING SYSTEM.
(a) Joint Assessment and Plan.--
(1) In general.--The Under Secretary, in collaboration with
the Administrator of the Federal Aviation Administration and
the Secretary of Defense, shall--
(A) conduct an assessment of resources, personnel,
procedures, and activities necessary to maximize the
functionality and utility of the automated surface observing
system of the United States that identifies--
(i) key system upgrades needed to improve observation
quality and utility for weather forecasting, aviation safety,
and other users;
(ii) improvements needed in observations within the
planetary boundary layer, including mixing height;
(iii) improvements needed in public accessibility of
observational data;
(iv) improvements needed to reduce latency in reporting of
observational data;
(v) relevant data to be collected for the production of
forecasts or forecast guidance relating to atmospheric
composition, including particulate and air quality data, and
aviation safety;
(vi) areas of concern regarding operational continuity and
reliability of the system, which may include needs for on-
night staff, particularly in remote and rural areas and areas
where system failure would have the greatest negative impact
to the community;
(vii) stewardship, data handling, data distribution, and
product generation needs arising from upgrading and changing
the automated surface observation systems;
(viii) possible solutions for areas of concern identified
under clause (vi), including with respect to the potential
use of backup systems, power and communication system
reliability, staffing needs and personnel location, and the
acquisition of critical component backups and proper storage
location to ensure rapid system repair necessary to ensure
system operational continuity; and
(ix) research, development, and transition to operations
needed to develop advanced data collection, quality control,
and distribution so that the data are provided to
[[Page S6462]]
models, users, and decision support systems in a timely
manner; and
(B) develop and implement a plan that addresses the
findings of the assessment conducted under subparagraph (A),
including by seeking and allocating resources necessary to
ensure that system upgrades are standardized across the
Administration, the Federal Aviation Administration, and the
Department of Defense to the extent practicable.
(2) Standardization.--Any system standardization
implemented under paragraph (1)(B) shall not impede
activities to upgrade or improve individual units of the
system.
(3) Remote automatic weather station coordination.--The
Under Secretary, in collaboration with relevant Federal
agencies and the National Interagency Fire Center, shall
assess and develop cooperative agreements to improve
coordination, interoperability standards, operations, and
placement of remote automatic weather stations for the
purpose of improving utility and coverage of remote automatic
weather stations, automated surface observation systems,
smoke monitoring platforms, and other similar stations and
systems for weather and climate operations.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Under Secretary, in
collaboration with the Administrator of the Federal Aviation
Administration and the Secretary of Defense, shall submit to
the appropriate committees of Congress a report that--
(A) details the findings of the assessment required by
subparagraph (A) of subsection (a)(1); and
(B) the plan required by subparagraph (B) of such
subsection.
(2) Elements.--The report required by paragraph (1) shall
include a detailed assessment of appropriations required--
(A) to address the findings of the assessment required by
subparagraph (A) of subsection (a)(1); and
(B) to implement the plan required by subparagraph (B) of
such subsection.
(c) Government Accountability Office Report.--Not later
than 4 years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report that--
(1) evaluates the functionality, utility, reliability, and
operational status of the automated surface observing system
across the Administration, the Federal Aviation
Administration, and the Department of Defense;
(2) evaluates the progress, performance, and implementation
of the plan required by subsection (a)(1)(B);
(3) assesses the efficacy of cross-agency collaboration and
stakeholder engagement in carrying out the plan and provides
recommendations to improve such activities;
(4) evaluates the operational continuity and reliability of
the system, particularly in remote and rural areas and areas
where system failure would have the greatest negative impact
to the community, and provides recommendations to improve
such continuity and reliability;
(5) assesses Federal coordination regarding the remote
automatic weather station network, air resource advisors, and
other Federal observing assets used for weather and climate
modeling and response activities, and provides
recommendations for improvements; and
(6) includes such other recommendations as the Comptroller
General determines are appropriate to improve the system.
SEC. 5712. EMERGENCY RESPONSE ACTIVITIES.
(a) Definitions.--In this section:
(1) Basic pay.--The term ``basic pay`` includes any
applicable locality-based comparability payment under section
5304 of title 5, United States Code, any applicable special
rate supplement under section 5305 of such title, or any
equivalent payment under a similar provision of law.
(2) Covered employee.--The term ``covered employee`` means
an employee of the Department of Agriculture, the Department
of the Interior, or the Department of Commerce.
(3) Covered services.--The term ``covered services`` means
services that are performed by a covered employee while
serving--
(A) as a wildland firefighter or a fire management response
official, including a regional fire director, a deputy
regional fire director, and a fire management officer;
(B) as an incident meteorologist accompanying a wildland
firefighter crew; or
(C) on an incident management team, at the National
Interagency Fire Center, at a Geographic Area Coordinating
Center, or at an operations center.
(4) Premium pay.--The term ``premium pay`` means premium
pay paid under a provision of law described in the matter
preceding paragraph (1) of section 5547(a) of title 5, United
States Code.
(5) Relevant committees.--The term ``relevant committees``
means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Energy and Natural Resources of the
Senate;
(F) the Committee on Oversight and Reform of the House of
Representatives;
(G) the Committee on Natural Resources of the House of
Representatives;
(H) the Committee on Science, Space, and Technology of the
House of Representatives;
(I) the Committee on Agriculture of the House of
Representative; and
(J) the Committee on Appropriations of the House of
Representatives.
(6) Secretary concerned.--The term ``Secretary concerned``
means--
(A) the Secretary of Agriculture, with respect to an
employee of the Department of Agriculture;
(B) the Secretary of the Interior, with respect to an
employee of the Department of the Interior; and
(C) the Secretary of Commerce, with respect to an employee
of the Department of Commerce.
(b) Waiver.--
(1) In general.--Any premium pay received by a covered
employee for covered services shall be disregarded in
calculating the aggregate of the basic pay and premium pay
for the covered employee for purposes of applying the
limitation on premium pay under section 5547(a) of title 5,
United States Code.
(2) Calculation of aggregate pay.--Any pay that is
disregarded under paragraph (1) shall be disregarded in
calculating the aggregate pay of the applicable covered
employee for purposes of applying the limitation under
section 5307 of title 5, United States Code, during calendar
year 2023.
(3) Limitation.--A covered employee may not be paid premium
pay under this subsection if, or to the extent that, the
aggregate of the basic pay and premium pay (including premium
pay for covered services) of the covered employee for a
calendar year would exceed the rate of basic pay payable for
a position at level II of the Executive Schedule under
section 5313 of title 5, United States Code, as in effect at
the end of that calendar year.
(4) Treatment of additional premium pay.--If the
application of this subsection results in the payment of
additional premium pay to a covered employee of a type that
is normally creditable as basic pay for retirement or any
other purpose, that additional premium pay shall not be--
(A) considered to be basic pay of the covered employee for
any purpose; or
(B) used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under
section 5551 or 5552 of title 5, United States Code.
(5) Effective period.--This subsection shall be in effect
during calendar year 2023 and apply to premium pay payable
during that year.
(c) Amendment.--Section 5542(a)(5) of title 5, United
States Code, is amended by inserting ``, the Department of
Commerce,`` after ``Interior``.
(d) Plan to Address Needs.--
(1) Development and implementation.--Not later than March
30, 2023, the Secretaries referred to in subsection (a)(6),
in consultation with the Director of the Office of Management
and Budget and the Director of the Office of Personnel
Management, shall jointly develop and implement a plan that
addresses the needs of the Department of Agriculture, the
Department of the Interior, and the Department of Commerce,
as applicable, to hire, appoint, promote, or train additional
covered employees who carry out covered services such that
sufficient covered employees are available throughout each
fiscal year, beginning in fiscal year 2024, without the need
for waivers of premium pay limitations.
(2) Submittal.--Not later than 30 days before the date on
which the Secretaries implement the plan developed under
paragraph (1), the Secretaries shall submit the plan to the
relevant committees.
(3) Limitation.--The plan developed under paragraph (1)
shall not be contingent on any Secretary receiving amounts
appropriated for fiscal years beginning in fiscal year 2024
in amounts greater than amounts appropriated for fiscal year
2023.
(e) Policies and Procedures for Health, Safety, and Well-
being.--The Secretary concerned shall maintain polices and
procedures to promote the health, safety, and well-being of
covered employees.
SEC. 5713. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
INTERAGENCY WILDFIRE FORECASTING, PREVENTION,
PLANNING, AND MANAGEMENT BODIES.
Not later than 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report that--
(1) identifies all Federal interagency bodies established
for the purpose of wildfire forecasting, prevention,
planning, and management (such as wildfire councils,
commissions, and workgroups), including--
(A) the Wildland Fire Leadership Council;
(B) the National Interagency Fire Center;
(C) the Wildland Fire Management Policy Committee;
(D) the Wildland Fire Mitigation and Management Commission;
(E) the Joint Science Fire Program;
(F) the National Interagency Coordination Center;
(G) the National Predictive Services Oversight Group;
(H) the Interagency Council for Advancing Meteorological
Services;
(I) the National Wildfire Coordinating Group;
(J) the National Multi-Agency Coordinating Group; and
(K) the Mitigation Framework Leadership Group;
[[Page S6463]]
(2) evaluates the roles, functionality, and utility of such
interagency bodies;
(3) evaluates the progress, performance, and implementation
of such interagency bodies;
(4) assesses efficacy and identifies potential overlap and
duplication of such interagency bodies in carrying out
interagency collaboration with respect to wildfire
prevention, planning, and management; and
(5) includes such other recommendations as the Comptroller
General determines are appropriate to streamline and improve
wildfire forecasting, prevention, planning, and management,
including recommendations regarding the interagency bodies
for which the addition of the Administration is necessary to
improve wildfire forecasting, prevention, planning, and
management.
SEC. 5714. AMENDMENTS TO INFRASTRUCTURE INVESTMENT AND JOBS
ACT RELATING TO WILDFIRE MITIGATION.
The Infrastructure Investment and Jobs Act (Public Law 117-
58; 135 Stat. 429) is amended--
(1) in section 70202--
(A) in paragraph (1)--
(i) in subparagraph (J), by striking ``; and`` and
inserting a semicolon;
(ii) in subparagraph (K), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(L) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(M) the Committee on Science, Space, and Technology of
the House of Representatives.``; and
(B) in paragraph (6)--
(i) in subparagraph (B), by striking ``; and`` and
inserting a semicolon;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and``; and
(iii) by adding at the end the following:
``(D) The Secretary of Commerce, acting through the Under
Secretary of Commerce for Oceans and Atmosphere.``; and
(2) in section 70203(b)(1)(B)--
(A) in the matter preceding clause (i), by striking ``9``
and inserting ``not fewer than 10``;
(B) in clause (i)--
(i) in subclause (IV), by striking ``; and`` and inserting
a semicolon;
(ii) in subclause (V), by adding ``and`` at the end; and
(iii) by adding at the end the following:
``(VI) the National Oceanic and Atmospheric
Administration.``;
(C) in clause (iv), by striking ``; and`` and inserting a
semicolon; and
(D) by adding at the end the following:
``(vi) if the Secretaries determine it to be appropriate, 1
or more representatives from the relevant line offices of the
National Oceanic and Atmospheric Administration; and``.
SEC. 5715. WILDFIRE TECHNOLOGY MODERNIZATION AMENDMENTS.
Section 1114 of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (43 U.S.C. 1748b-1) is
amended--
(1) in subsection (c)(3), by inserting ``the National
Oceanic and Atmospheric Administration,`` after ``Federal
Aviation Administration,``;
(2) in subsection (e)(2)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) by inserting after subparagraph (A) the following:
``(B) Consultation.--
``(i) In general.--In carrying out subparagraph (A), the
Secretaries shall consult with the Under Secretary of
Commerce for Oceans and Atmosphere regarding any development
of impact-based decision support services that relate to
wildfire-related activities of the National Oceanic and
Atmospheric Administration.
``(ii) Definition of impact-based decision support
services.--In this subparagraph, the term `impact-based
decision support services` means forecast advice and
interpretative services the National Oceanic and Atmospheric
Administration provides to help core partners, such as
emergency personnel and public safety officials, make
decisions when weather, water, and climate impact the lives
and livelihoods of the people of the United States.``; and
(3) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the right;
(B) by striking ``The Secretaries`` and inserting the
following:
``(1) In general.--The Secretaries``; and
(C) by adding at the end the following:
``(2) Collaboration.--In carrying out paragraph (1), the
Secretaries shall collaborate with the Under Secretary of
Commerce for Oceans and Atmosphere to improve coordination,
utility of systems and assets, and interoperability of data
for smoke prediction, forecasting, and modeling.``.
SEC. 5716. COOPERATION; COORDINATION; SUPPORT TO NON-FEDERAL
ENTITIES.
(a) Cooperation.--Each Federal agency shall cooperate and
coordinate with the Under Secretary, as appropriate, in
carrying out this title and the amendments made by this
title.
(b) Coordination.--
(1) In general.--In meeting the requirements under this
title and the amendments made by this title, the Under
Secretary shall coordinate, and as appropriate, establish
agreements with Federal and external partners to fully use
and leverage existing assets, systems, networks,
technologies, and sources of data.
(2) Inclusions.--Coordination carried out under paragraph
(1) shall include coordination with--
(A) the National Interagency Fire Center, including the
Predictive Services Program that provides impact-based
decision support services to the wildland fire community at
the Geographic Area Coordination Center and the National
Interagency Coordination Center;
(B) the National Wildfire Coordinating Group; and
(C) relevant interagency bodies identified in the report
required by section 5713.
(3) Consultation.--In carrying out this subsection, the
Under Secretary shall consult with Federal partners.
(c) Coordination With Non-Federal Entities.--Not later than
540 days after the date of the enactment of this Act, the
Under Secretary shall develop and submit to the appropriate
committees of Congress a process for annual coordination with
Tribal, State, and local governments to assist the
development of improved fire weather products and services.
(d) Support to Non-Federal Entities.--In carrying out the
activities under this title and the amendments made by this
title, the Under Secretary may provide support to non-Federal
entities by making funds and resources available through--
(1) competitive grants;
(2) contracts under the mobility program under subchapter
VI of chapter 33 of title 5, United States Code (commonly
referred to as the ``Intergovernmental Personnel Act Mobility
Program``);
(3) cooperative agreements; and
(4) colocation agreements as described in section 502 of
the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C.
851 note prec.).
SEC. 5717. INTERNATIONAL COORDINATION.
(a) In General.--The Under Secretary, in coordination with
the Secretary of State, may develop collaborative
relationships with foreign partners and counterparts to
address transboundary issues pertaining to wildfires, fire
weather, smoke, air quality, and associated conditions and
hazards or other relevant meteorological phenomena, as
appropriate, to facilitate full and open exchange of data and
information.
(b) Coordination.--In carrying out activities under this
section, the Under Secretary shall coordinate with other
Federal agencies as the Under Secretary considers relevant.
SEC. 5718. SUBMISSIONS TO CONGRESS REGARDING THE FIRE WEATHER
SERVICES PROGRAM, INCIDENT METEOROLOGIST
WORKFORCE NEEDS, AND NATIONAL WEATHER SERVICE
WORKFORCE SUPPORT.
(a) Report to Congress.--Not later than 540 days after the
date of the enactment of this Act, the Under Secretary shall
submit to the appropriate committees of Congress--
(1) the plan described in subsection (b);
(2) the assessment described in subsection (c); and
(3) the assessment described in subsection (d).
(b) Fire Weather Services Program Plan.--
(1) Elements.--The plan submitted under subsection (a)(1)
shall detail--
(A) the observational data, modeling requirements, ongoing
computational needs, research, development, and technology
transfer activities, data management, skilled-personnel
requirements, engagement with relevant Federal emergency and
land management agencies and partners, and corresponding
resources and timelines necessary to achieve the functions
described in subsection (b) of section 5703 and the
priorities described in subsection (c) of such section; and
(B) plans and needs for all other activities and
requirements under this title and the amendments made by this
title.
(2) Submittal of annual budget for plan.--Following
completion of the plan submitted under subsection (a)(1), the
Under Secretary shall, not less frequently than once each
year concurrent with the submission of the budget by the
President to Congress under section 1105 of title 31, United
States Code, submit to Congress a proposed budget
corresponding with the elements detailed in the plan.
(c) Incident Meteorologist Workforce Needs Assessment.--
(1) In general.--The Under Secretary shall conduct a
workforce needs assessment on the current and future demand
for additional incident meteorologists for wildfires and
other high-impact fire weather events.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) A description of staffing levels as of the date on
which the assessment is submitted under subsection (a)(2) and
projected future staffing levels.
(B) An assessment of the state of the infrastructure of the
National Weather Service as of the date on which the
assessment is submitted and future needs of such
infrastructure in order to meet current and future demands,
including with respect to information technology support and
logistical and administrative operations.
(3) Considerations.--In conducting the assessment required
by paragraph (1), the Under Secretary shall consider factors
including projected climate conditions, infrastructure,
relevant hazard meteorological response system equipment,
user needs, and feedback from relevant stakeholders.
[[Page S6464]]
(d) Support Services Assessment.--
(1) In general.--The Under Secretary shall conduct a
workforce support services assessment with respect to
employees of the National Weather Service engaged in
emergency response.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) An assessment of need for further support of employees
of the National Weather Service engaged in emergency response
through services provided by the Public Health Service.
(B) A detailed assessment of appropriations required to
secure the level of support services needed as identified in
the assessment described in subparagraph (A).
(3) Additional support services.--Following the completion
of the assessment required by paragraph (1), the Under
Secretary shall seek to acquire additional support services
to meet the needs identified in the assessment.
SEC. 5719. GOVERNMENT ACCOUNTABILITY OFFICE REPORT; FIRE
SCIENCE AND TECHNOLOGY WORKING GROUP; STRATEGIC
PLAN.
(a) Government Accountability Office Report.--Not later
than 1 year after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report that identifies--
(1) the authorities, roles, and science and support
services relating to Federal agencies engaged in or providing
wildland fire prediction, detection, forecasting, modeling,
resilience, response, management, and assessments; and
(2) recommended areas in and mechanisms by which the
agencies listed under paragraph (1) could support and
improve--
(A) coordination between Federal agencies, State and local
governments, Tribal governments, and other relevant
stakeholders, including through examination of possible
public-private partnerships;
(B) research and development, including interdisciplinary
research, related to fire environments, wildland fires,
associated smoke, and the impacts of such environments,
fires, and smoke, in furtherance of a coordinated interagency
effort to address wildland fire risk reduction;
(C) data management and stewardship, the development and
coordination of data systems and computational tools, and the
creation of a centralized, integrated data collaboration
environment for agency data, including historical data,
relating to weather, fire environments, wildland fires,
associated smoke, and the impacts of such environments,
fires, and smoke, and the assessment of wildland fire risk
mitigation measures;
(D) interoperability, usability, and accessibility of the
scientific data, data systems, and computational and
information tools of the agencies listed under paragraph (1);
(E) coordinated public safety communications relating to
fire weather events, fire hazards, and wildland fire and
smoke risk reduction strategies; and
(F) secure and accurate real-time data, alerts, and
advisories to wildland firefighters and other decision
support tools for wildland fire incident command posts.
(b) Fire Science and Technology Working Group.--
(1) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the Executive Director of the
Interagency Committee for Advancing Weather Services
established under section 402 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8542) (in this
section referred to as the ``Interagency Committee``) shall
establish a working group, to be known as the ``Fire Science
and Technology Working Group`` (in this section referred to
as the ``Working Group``).
(2) Chair.--The Working Group shall be chaired by the Under
Secretary, or designee.
(3) General duties.--
(A) In general.--The Working Group shall seek to build
efficiencies among the agencies listed under subsection
(a)(1) and coordinate the planning and management of science,
research, technology, and operations related to science and
support services for wildland fire prediction, detection,
forecasting, modeling, resilience, response, management, and
assessments.
(B) Input.--The Working Group shall solicit input from non-
Federal stakeholders.
(c) Strategic Plan.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Interagency Committee shall
prepare and submit to the committees specified in paragraph
(3) a strategic plan for interagency coordination, research,
and development that will improve the assessment of fire
environments and the understanding and prediction of wildland
fires, associated smoke, and the impacts of such fires and
smoke, including--
(A) at the wildland-urban interface;
(B) on communities, buildings, and other infrastructure;
(C) on ecosystem services and watersheds;
(D) social and economic impacts;
(E) by developing and encouraging the adoption of science-
based and cost-effective measures--
(i) to enhance community resilience to wildland fires;
(ii) to address and mitigate the impacts of wildland fire
and associated smoke; and
(iii) to restore natural fire regimes in fire-dependent
ecosystems;
(F) by improving the understanding and mitigation of the
effects of weather and long-term drought on wildland fire
risk, frequency, and severity;
(G) through integrations of social and behavioral sciences
in public safety fire communication;
(H) by improving the forecasting and understanding of
prescribed fires and the impacts of such fires, and how those
impacts may differ from impacts of wildland fires that
originate from an unplanned ignition; and
(I) consideration and adoption of any recommendations
included in the report required by subsection (a) pursuant to
paragraph (2) of such subsection.
(2) Plan elements.--The strategic plan required by
paragraph (1) shall include the following:
(A) A description of the priorities and needs of vulnerable
populations.
(B) A description of high-performance computing,
visualization, and dissemination needs.
(C) A timeline and guidance for implementation of--
(i) an interagency data sharing system for data relevant to
performing fire assessments and modeling fire risk and fire
behavior;
(ii) a system for ensuring that the fire prediction models
of relevant agencies can be interconnected; and
(iii) to the maximum extent practicable, any
recommendations included in the report required by subsection
(a).
(D) A plan for incorporating and coordinating research and
operational observations, including from infrared
technologies, microwave, radars, satellites, mobile weather
stations, and uncrewed aerial systems.
(E) A flexible framework to communicate clear and simple
fire event information to the public.
(F) Integration of social, behavioral, risk, and
communication research to improve the fire operational
environment and societal information reception and response.
(3) Committees specified.--The committees specified in this
paragraph are--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Natural Resources of the
Senate;
(C) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(D) the Committee on Agriculture of the House of
Representatives;
(E) the Committee on Natural Resources of the House of
Representatives; and
(F) the Committee on Science, Space, and Technology of the
House of Representatives.
SEC. 5720. FIRE WEATHER RATING SYSTEM.
(a) In General.--The Under Secretary shall, in
collaboration with the Chief of the United States Forest
Service, the Director of the United States Geological Survey,
the Director of the National Park Service, the Administrator
of the Federal Emergency Management Agency, and such
stakeholders as the Under Secretary considers appropriate--
(1) evaluate the system used as of the date of the
enactment of this Act to rate the risk of wildfire; and
(2) determine whether updates to that system are required
to ensure that the ratings accurately reflect the severity of
fire risk.
(b) Update Required.--If the Under Secretary determines
under subsection (a) that updates to the system described in
paragraph (1) of such subsection are necessary, the Under
Secretary shall update that system.
SEC. 5721. AVOIDANCE OF DUPLICATION.
(a) In General.--The Under Secretary shall ensure, to the
greatest extent practicable, that activities carried out
under this title and the amendments made by this title are
not duplicative of activities supported by other parts of the
Administration or other relevant Federal agencies.
(b) Coordination.--In carrying out activities under this
title and the amendments made by this title, the Under
Secretary shall coordinate with the Administration and heads
of other Federal research agencies--
(1) to ensure those activities enhance and complement, but
do not constitute unnecessary duplication of, efforts; and
(2) to ensure the responsible stewardship of funds.
SEC. 5722. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts appropriated under
title VIII of division D of the Infrastructure Investment and
Jobs Act (Public Law 117-58; 135 Stat. 1094), there are
authorized to be appropriated to the Administration to carry
out new policies and programs to address fire weather under
this title and the amendments made by this title--
(1) $15,000,000 for fiscal year 2023;
(2) $111,360,000 for fiscal year 2024;
(3) $116,928,000 for fiscal year 2025;
(4) $122,774,400 for fiscal year 2026; and
(5) $128,913,120 for fiscal year 2027.
(b) Prohibition.--None of the amounts authorized to be
appropriated by subsection (a) may be used to unnecessarily
duplicate activities funded under title VIII of division D of
the Infrastructure Investment and Jobs Act (Public Law 117-
58; 135 Stat. 1094).
TITLE LVIII--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
SEC. 5801. SHORT TITLE.
This title may be cited as the ``Learning Excellence and
Good Examples from New Developers Act of 2022`` or the
``LEGEND Act of 2022``.
SEC. 5802. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration`` means the
National Oceanic and Atmospheric Administration.
[[Page S6465]]
(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 section 5804(g).
(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 using Federal funds.
(5) Operational model.--The term ``operational model``
means any model that has an output used by the Administration
for operational functions.
(6) 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 section 5804(g), as determined by the
Administrator.
SEC. 5803. PURPOSES.
The purposes of this title are--
(1) to support innovation in modeling by allowing
interested stakeholders to have easy and complete access to
the models used by the Administration, as the Administrator
determines appropriate; and
(2) to use vetted innovations arising from access described
in paragraph (1) to improve modeling by the Administration.
SEC. 5804. PLAN AND IMPLEMENTATION OF PLAN TO MAKE CERTAIN
MODELS AND DATA AVAILABLE TO THE PUBLIC.
(a) In General.--The Administrator shall develop and
implement a plan to make available to the public the
following:
(1) Operational models developed by the Administration.
(2) Models that are not operational models, including
experimental and developmental models, as the Administrator
determines appropriate.
(3) Applicable information and documentation for models
described in paragraphs (1) and (2).
(4) Subject to section 5807, 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--
(A) relevant metadata;
(B) data used for operational models used by the
Administration as of the date of the enactment of this Act;
and
(C) a description of intended model outputs.
(b) Accommodations.--In developing and implementing the
plan under subsection (a), 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 does not
jeopardize--
(1) national security;
(2) intellectual property or redistribution rights,
including under titles 17 and 35, United States Code;
(3) any trade secret or commercial or financial information
subject to section 552(b)(4) of title 5, United States Code;
(4) any models or data that are otherwise restricted by
contract or other written agreement; or
(5) the mission of the Administration to protect lives and
property.
(c) Priority.--In developing and implementing the plan
under subsection (a), the Administrator shall prioritize
making available to the public the models described in
subsection (a)(1).
(d) 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 subsection (a)(1)
ensure compliance with statistical laws and other relevant
data protection requirements, including the protection of any
personally identifiable information.
(e) Exclusion of Certain Models.--In developing and
implementing the plan under subsection (a), 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.
(f) Platforms.--In carrying out subsections (a) and (b),
the Administrator may use government servers, contracts or
agreements with a private vendor, or any other platform
consistent with the purpose of this title.
(g) 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 subsection (f),
relevant to making operational models and data available to
the public pursuant to the plan under subsection (a).
(h) 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).
SEC. 5805. 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 outside the Administration to
the operational models made available to the public pursuant
to the plan under section 5804(a) 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.
SEC. 5806. REPORT ON IMPLEMENTATION.
(a) 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 title that includes a description of--
(1) the implementation of the plan required by section
5804;
(2) the process of the Administration under section 5805--
(A) for engaging with interested stakeholders to learn what
innovations those stakeholders have found;
(B) for reviewing those innovations; and
(C) for operationalizing innovations to improve suitable
models.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees``
means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology and the
Committee on Appropriations of the House of Representatives.
SEC. 5807. PROTECTION OF NATIONAL SECURITY INTERESTS.
(a) In General.--Notwithstanding any other provision of
this title, the Administrator, in consultation with the
Secretary of Defense, as appropriate, may withhold any model
or data if the Administrator determines doing so to be
necessary to protect the national security interests of the
United States.
(b) Rule of Construction.--Nothing in this title shall be
construed to supersede any other provision of law governing
the protection of the national security interests of the
United States.
SEC. 5808. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $2,000,000 for each of fiscal years 2023
through 2027.
(b) Derivation of Funds.--Funds to carry out this section
shall be derived from amounts authorized to be appropriated
to the National Weather Service that are enacted after the
date of the enactment of this Act.
Mr. REED. Mr. President, I ask for the yeas and nays.
The PRESIDENT pro tempore. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays are ordered.
Amendment No. 6442 to Amendment No. 5499, As Modified
Mr. REED. Mr. President, I have an amendment to the substitute, and I
ask that it be reported by number.
The PRESIDING OFFICER (Mr. King). The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Rhode Island [Mr. Reed] proposes an
amendment numbered 6442 to amendment No. 5499.
The amendment is as follows:
(Purpose: To add an effective date)
At the end add the following:
SEC. EFFECTIVE DATE.
This Act shall take effect on the date that is 1 day after
the date of enactment of this Act.
Amendments Received
Mr. REED. Mr. President, I submit amendments on behalf of other
Senators.
The PRESIDING OFFICER. The amendments will be received.
(The amendments are printed in today's Record under ``Text of
Amendments.'')
Mr. REED. Mr. President, I rise to discuss the fiscal year 2023
National Defense Authorization Act. In a few minutes, I will bring up
this bill, which the Armed Services Committee passed by a broad
bipartisan vote of 23 to 3 in June. I am glad we have the opportunity
to consider the NDAA on the Senate floor. We are at a critical period
in our Nation's security, and this bill will help ensure our military
has the tools and capabilities it needs to combat threats around the
globe and keep Americans safe.
[[Page S6466]]
First, I would like to acknowledge Ranking Member Inhofe, whose
leadership on this committee and in this body has been invaluable. His
commitment to our men and women in uniform is unwavering, and he was
instrumental in helping produce this bipartisan legislation. In honor
of his well-earned retirement, I am pleased that the committee voted to
name this year's bill the James M. Inhofe National Defense
Authorization Act.
As we discuss the NDAA, we must keep in mind that the United States
is engaged in a long-term strategic competition with China and Russia.
Beijing poses the primary potential threat to our national security, as
the only country in the world with the economic and technological
capacity to mount a sustained challenge to our interests. And, as we
have seen with disturbing clarity, Putin has demonstrated his
willingness to inflict violence and undermine global world order for
his own benefit. The importance of U.S. support for the Ukrainian
people cannot be overstated. They are fighting our fight, and we must
aid them.
Elsewhere, states like Iran and North Korea continue to push the
boundaries of military brinksmanship, and issues like terrorism,
climate change, and pandemics remain persistent threats. The
interconnected nature of these problems must drive how we resource and
transform our tools of national power. The passage of the fiscal year
2023 National Defense Authorization Act will be a critical step toward
meeting these complex challenges.
Turning to the specifics of this year's defense bill, the NDAA
authorizes $817 billion for the Department of Defense and $29 billion
for national security programs within the Department of Energy. The
bill contains a number of important provisions that I would like to
briefly highlight.
To begin, we have to ensure that the United States can outcompete,
deter, and prevail against our near-peer rivals. This NDAA confronts
China and Russia by fully investing in the Pacific Deterrence
Initiative, the European Deterrence Initiative, and the Ukraine
Security Assistance Initiative.
As part of this effort, the bill increases the defense topline
authorization by $45 billion to address the effects of inflation and
accelerate implementation of the national defense strategy. This
topline boost will accelerate the production of certain munitions and
increase procurement of aircraft, naval vessels, armored vehicles,
long-range fires, and other resources needed by the services and
combatant commands.
The committee has also included an authorization of $1 billion for
the National Defense Stockpile to acquire strategic and critical
minerals currently in shortfall. This will go a long way to help meet
the defense, industrial, and essential civilian needs of the United
States.
We also include additional support for our industrial base to produce
the munitions needed to backfill our stocks, while also keeping
supplies flowing to Ukraine and other European allies. Many Senators on
both sides of the aisle have been actively engaged in this effort, but
I especially want to recognize Senator Shaheen's leadership. She has
been instrumental in pushing new authorities that can be helpful for
the Department of Defense to address the current challenge we have and
better posture us for our future. Senator Shaheen's work has been
highly impactful in the direction we ultimately took, which is
reflected in the amendment that Senator Inhofe and I have offered as
part of the managers' package.
Relatedly, America's capacity for technological innovation has long
given us the strongest economy and military on Earth, but this
advantage is not a given. It must be nurtured and maintained. To that
end, this year's NDAA authorizes significant funding increases for
cutting-edge technologies like microelectronics, hypersonic weapons,
and low-cost unmanned aircraft. Similarly, it increases funding to
support U.S. Cyber Command's Hunt Forward Operations and artificial
intelligence capabilities.
And, as we navigate threats of nuclear escalation from Russia and
increasing capabilities from China, the NDAA enhances our deterrence by
helping to marginalize the U.S. nuclear triad. It also makes progress
in ensuring the safety, security, and reliability of our nuclear
stockpile, delivery systems, and infrastructure; increasing capacity in
theater and homeland missile defense; and strengthening
nonproliferation programs.
Importantly, this year's NDAA provides a 4.6-percent pay raise for
both servicemembers and their Department of Defense civilian workforce.
It also authorizes additional funding to ease the impacts of inflation
on the force and provides resources to support recruiting and retention
needs.
When I introduce the fiscal year 2023 NDAA, it will be a substitute
to the House-passed NDAA. This substitute will be modified with a
package of amendments that have been cleared on both sides. There are
75 amendments, including 6 major authorization bills from other
committees.
Again, I am pleased that we have brought this bill to the floor so
the entire Senate has an opportunity to participate in the process.
I also want to take a moment to thank all the staff who accomplished
this herculean task in a week. The staff of the Armed Services
Committee worked tirelessly to ensure every possible amendment was
cleared and included.
I particularly want to thank Kevin Davis of the Office of Legislative
Counsel, who went above and beyond to draft this substitute.
The staff did a remarkable job, working tirelessly. They were led by
Liz King and John Wason, and I salute both of them and all the members
of the staff for their extraordinary efforts.
The topline defense number in this bill, together with the
allocations set by Chairman Leahy for defense and nondefense funding
across the appropriations bills, provides a realistic balance for
funding the military and the rest of the Federal Government. Once we
have completed work on this important authorization bill, we need to
complete the appropriations process.
Let me conclude by once again thanking Ranking Member Inhofe and my
colleagues. I particularly want to recognize and thank the Presiding
Officer, Senator King of Maine, for his great work, and all for their
thoughtful and bipartisan efforts to develop this important piece of
legislation. I would also like to thank the staff, as I said before,
for their tireless efforts on this bill throughout the year.
I look forward to a thoughtful debate on the issues that face our
Department of Defense and national security.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REED. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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