[Congressional Record Volume 168, Number 162 (Tuesday, October 11, 2022)]
[Senate]
[Pages S6475-S6614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 6442. Mr. REED proposed an amendment to amendment SA 5499 proposed 
by Mr. Reed (for himself and Mr. Inhofe) to the 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; as 
follows:

       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.
                                 ______
                                 
  SA 6443. Mr. REED (for Ms. Cantwell (for herself and Mr. Wicker)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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

[[Page S6476]]

the Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the end, add the following:

           DIVISION E--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.
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.

[[Page S6477]]

     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.

     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

[[Page S6478]]

     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 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

[[Page S6479]]

     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, 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.

[[Page S6480]]

  


                        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.
       (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

[[Page S6481]]

     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 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--

[[Page S6482]]

       ``(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;
       (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--

[[Page S6483]]

       (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 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

[[Page S6484]]

     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 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.''.

[[Page S6485]]

  


     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 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.

[[Page S6486]]

  


     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.

     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

[[Page S6487]]

     (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.
       ``(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)));

[[Page S6488]]

       (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.
       ``(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.

[[Page S6489]]

       ``(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.
       (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

[[Page S6490]]

     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.--
       (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--

[[Page S6491]]

       (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 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;

[[Page S6492]]

       (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.

     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

[[Page S6493]]

       (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 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

[[Page S6494]]

     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 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;

[[Page S6495]]

       (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--
       ``(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

[[Page S6496]]

     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.--
       (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--

[[Page S6497]]

       ``(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 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

[[Page S6498]]

       (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 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

[[Page S6499]]

     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 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

[[Page S6500]]

     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:
       ``(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--

[[Page S6501]]

       ``(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 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),

[[Page S6502]]

     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.
       (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

[[Page S6503]]

     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.
       (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:

[[Page S6504]]

       (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)).''.
       (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

[[Page S6505]]

       (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 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

[[Page S6506]]

     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, 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.

[[Page S6507]]

  


                       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 
     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.

[[Page S6508]]

       (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 
     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

[[Page S6509]]

       ``(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.
       (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

[[Page S6510]]

     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 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.

[[Page S6511]]

       ``(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 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

[[Page S6512]]

     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);'';
       (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

[[Page S6513]]

     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;
       (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

[[Page S6514]]

     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 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''.

[[Page S6515]]

       (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.
       (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

[[Page S6516]]

     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.
                                 ______
                                 
  SA 6444. Mr. REED (for Ms. Cantwell (for herself and Mr. Wicker)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        Strike title XXXV and insert the following:

                      TITLE XXXV--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.

[[Page S6517]]

       (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 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;

[[Page S6518]]

       (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 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

[[Page S6519]]

     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
       ``(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.''; 
              and
       (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

[[Page S6520]]

     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 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

[[Page S6521]]

     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.
       ``(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.

[[Page S6522]]

       ``(d) Reappointment.--The Maritime Administrator may 
     reappoint not more than 6 cadets from the previous term to 
     serve on the Advisory Board for an additional academic year 
     if the Maritime Administrator determines such reappointment 
     to be in the best interests of the Merchant Marine Academy.
       ``(e) Meetings.--The Advisory Board shall meet with the 
     Secretary of Transportation not less than once each academic 
     year to discuss the activities of the Advisory Board. The 
     Advisory Board shall meet in person with the Maritime 
     Administrator not less than 2 times each academic year to 
     discuss the activities of the Advisory Board.
       ``(f) Duties.--The Advisory Board shall--
       ``(1) identify health and wellbeing, diversity, and sexual 
     assault and harassment challenges and other topics considered 
     important by the Advisory Board facing midshipmen at the 
     Merchant Marine Academy, off campus, and while aboard ships 
     during Sea Year or other training opportunities;
       ``(2) discuss and propose possible solutions, including 
     improvements to culture and leadership development at the 
     Merchant Marine Academy; and
       ``(3) periodically review the efficacy of the program in 
     section 51325(b), as appropriate, and provide recommendations 
     to the Maritime Administrator for improvement.
       ``(g) Working Groups.--The Advisory Board may establish one 
     or more working groups to assist the Advisory Board in 
     carrying out its duties, including working groups composed in 
     part of midshipmen at the Merchant Marine Academy who are not 
     current members of the Advisory Board.
       ``(h) Reports and Briefings.--The Advisory Board shall 
     regularly provide the Secretary of Transportation and the 
     Maritime Administrator reports and briefings on the results 
     of its duties, including recommendations for actions to be 
     taken in light of such results. Such reports and briefings 
     may be provided in writing, in person, or both.

     ``Sec. 51327. Sexual Assault Advisory Council

       ``(a) Establishment.--The Secretary of Transportation shall 
     establish a Sexual Assault Advisory Council (in this section 
     referred to as the `Council').
       ``(b) Membership.--
       ``(1) In general.--The Council shall be composed of not 
     fewer than 8 and not more than 14 individuals selected by the 
     Secretary of Transportation who are alumni that have 
     graduated within the last 4 years or current midshipmen of 
     the United States Merchant Marine Academy (including 
     midshipmen or alumni who were victims of sexual assault, to 
     the maximum extent practicable, and midshipmen or alumni who 
     were not victims of sexual assault) and governmental and 
     nongovernmental experts and professionals in the sexual 
     assault field.
       ``(2) Experts included.--The Council shall include--
       ``(A) not less than 1 member who is licensed in the field 
     of mental health and has prior experience working as a 
     counselor or therapist providing mental health care to 
     survivors of sexual assault in a victim services agency or 
     organization; and
       ``(B) not less than 1 member who has prior experience 
     developing or implementing sexual assault or sexual 
     harassment prevention and response policies in an academic 
     setting.
       ``(3) Rules regarding membership.--No employee of the 
     Department of Transportation shall be a member of the 
     Council. The number of governmental experts appointed to the 
     Council shall not exceed the number of nongovernmental 
     experts.
       ``(c) Duties; Authorized Activities.--
       ``(1) In general.--The Council shall meet not less often 
     than semiannually to--
       ``(A) review--
       ``(i) the policies on sexual harassment, dating violence, 
     domestic violence, sexual assault, and stalking under section 
     51318 of this title;
       ``(ii) the trends and patterns of data contained in the 
     system described under section 51325 of this title; and
       ``(iii) related matters the Council views as appropriate; 
     and
       ``(B) develop recommendations designed to ensure that such 
     policies and such matters conform, to the extent practicable, 
     to best practices in the field of sexual assault and sexual 
     harassment response and prevention.
       ``(2) Authorized activities.--To carry out this subsection, 
     the Council may--
       ``(A) 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.

[[Page S6523]]

       (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
       (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

[[Page S6524]]

       ``(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.
       ``(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--

[[Page S6525]]

       (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 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

[[Page S6526]]

     ``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;
       ``(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.
                                 ______
                                 
  SA 6445. Mr. REED (for Mr. Menendez) submitted an amendment intneded 
to be proposed to amendment SA 5499 proposed by Mr. Reed (for himslef 
and Mr. Inhofe) to the bill H.R. 7900, to authorize appropriations for 
fiseal 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; which was ordered to lie on 
the table; as follows:

             DIVISION E--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

[[Page S6527]]

     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--
       (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.

[[Page S6528]]

       (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 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

[[Page S6529]]

     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
       (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

[[Page S6530]]

     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--
       (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.

[[Page S6531]]

  


     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, 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;

[[Page S6532]]

       ``(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, 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

[[Page S6533]]

     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:
       ``(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

[[Page S6534]]

     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 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.''.

[[Page S6535]]

       (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
       (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;

[[Page S6536]]

       (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 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.

[[Page S6537]]

       (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 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;

[[Page S6538]]

       ``(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
       (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

[[Page S6539]]

       (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 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.

[[Page S6540]]

       (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
       (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;

[[Page S6541]]

       (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 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

[[Page S6542]]

     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 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.

[[Page S6543]]

       (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.--
       (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

[[Page S6544]]

     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 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;

[[Page S6545]]

       (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.
       (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;

[[Page S6546]]

       (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.
                                 ______
                                 
  SA 6446. Mr. REED (for Mr. Cornyn (for himself and Mr. Whitehouse)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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.
                                 ______
                                 
  SA 6447. Mr. REED (for Mr. Menendez) submitted an amendment intended 
to be proposed to amendment SA 5499 proposed by Mr. Reed (for himself 
and Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

  At the appropriate place insert the following:

                 DIVISION F--MATTERS RELATED TO TAIWAN

     SEC. 10001. SHORT TITLE.

       This division may be cited as ``Matters Related to 
     Taiwan''.

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;
       (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;

[[Page S6547]]

       (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 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-

[[Page S6548]]

     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 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,

[[Page S6549]]

     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;
       ``(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

[[Page S6550]]

     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;
       (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;

[[Page S6551]]

       (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 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,

[[Page S6552]]

     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 
     Matters Related to Taiwan, 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 Matters Related to Taiwan, 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 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

[[Page S6553]]

     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 ``United States-Taiwan Public 
     Health Protection 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.
                                 ______
                                 
  SA 6448. Mr. REED (for Mr. Cramer) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the end of subtitle B of title VIII, add the following:

     SEC. 829. MODIFICATION OF CONTRACTS AND OPTIONS TO PROVIDE 
                   ECONOMIC PRICE ADJUSTMENTS.

       (a) Authority.--Amounts authorized to be appropriated by 
     this Act for the Department of Defense may 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, 
     subject to the availability of appropriations.
       (b) Guidance.--Not later than 30 days after the date of the 
     enactment of this Act, the Under Secretary of Defense for 
     Acquisition and Sustainment shall issue guidance implementing 
     the authority under this section.
                                 ______
                                 
  SA 6449. Mr. REED (for Mr. Inhofe) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. 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''.
                                 ______
                                 
  SA 6450. Mr. REED (for Mr. Portman) submitted an amendment intended 
to be proposed to amendment SA 5499 proposed by Mr. Reed (for himself 
and Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the appropriate place in title XII, insert the 
     following:

     SEC. __. 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--

[[Page S6554]]

       (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''.
                                 ______
                                 
  SA 6451. Mr. REED (for Mr. Scott of Florida) submitted an amendment 
intended to be proposed to amendment SA 5499 proposed by Mr. Reed (for 
himself and Mr. Inhofe) to the 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; which was 
ordered to lie on the table; as follows:

        At the end of title VIII, add the following:

            Subtitle F--American Security Drone Act of 2022

     SEC. 881. SHORT TITLE.

       This subtitle may be cited as the ``American Security Drone 
     Act of 2022''.

     SEC. 882. 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. 883. 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. 884. 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;
       (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

[[Page S6555]]

       (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. 885. 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. 886. 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. 887. 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. 888. 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. 889. 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 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. 890. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND 
                   EMERGENCY SERVICE EXEMPTION.

       (a) Rule of Construction.--Nothing in this subtitle shall 
     prevent a State, local, or

[[Page S6556]]

     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 885.

     SEC. 891. 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. 892. 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 883, 884, and 885 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 883, 884, 
     and 885 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 883, 884, 
     and 885 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. 893. SUNSET.

       Sections 883, 884, and 885 shall cease to have effect on 
     the date that is five years after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 6452. Mr. REED (for Mr. Shelby) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. 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''.
                                 ______
                                 
  SA 6453. Mr. REED (for Mr. Graham (for himself and Mr. Menendez)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the end of subtitle C of title XV, add the following:

     SEC. 1550. 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

[[Page S6557]]

     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.
       (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.--

[[Page S6558]]

       (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;
       (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

[[Page S6559]]

     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).
                                 ______
                                 
  SA 6454. Mr. REED (for Mr. Manchin (for himself, Mr. Barrasso, and 
Mr. Risch)) submitted an amendment intended to be proposed to amendment 
SA 5499 proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the appropriate place in division C, insert the 
     following:

     SEC. 3___. 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

[[Page S6560]]

       (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

       (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

[[Page S6561]]

     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--
       (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. 3___. 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. 3___. 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.
                                 ______
                                 
  SA 6455. Mr. REED (for Mr. Peters) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. OFFICE OF CIVIL RIGHTS AND INCLUSION.I20  (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;

[[Page S6562]]

       ``(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 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

[[Page S6563]]

     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).
                                 ______
                                 
  SA 6456. Mr. REED (for Mrs. Feinstein) submitted an amendment 
intended to be proposed to amendment SA 5499 proposed by Mr. Reed (for 
himself and Mr. Inhofe) to the 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; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. 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''.
                                 ______
                                 
  SA 6457. Mr. REED (for Mr. Ossoff (for himself and Mr. Scott of South 
Carolina)) submitted an amendment intended to be proposed to amendment 
SA 5499 proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. 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.
                                 ______
                                 
  SA 6458. Mr. REED (for Mr. Van Hollen (for himself and Mr. Tillis)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. ____. 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.

[[Page S6564]]

       (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.
       (7) Recommendations on whether the program established 
     under this section should be renewed or expanded.
                                 ______
                                 
  SA 6459. Mr. REED (for Mr. Blumenthal) submitted an amendment 
intended to be proposed to amendment SA 5499 proposed by Mr. Reed (for 
himself and Mr. Inhofe) to the 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; which was 
ordered to lie on the table; as follows:

        At the end of subtitle C of title XII, add the following:

     SEC. 1239. 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.
                                 ______
                                 
  SA 6460. Mr. REED (for Mr. Kelly) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        Strike section 1205 and insert the following:

     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--
       (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.

[[Page S6565]]

       ``(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''.
                                 ______
                                 
  SA 6461. Mr. REED (for Mrs. Shaheen (for herself, Mr. Moran, and Ms. 
Hassan)) submitted an amendment intended to be proposed to amendment SA 
5499 proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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.--
       ``(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

[[Page S6566]]

     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.''.
                                 ______
                                 
  SA 6462. Mr. REED (for Mr. Schumer (for himself and Mr. Cornyn)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title VIII, add the following:

     SEC. 875. 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.
                                 ______
                                 
  SA 6463. Mr. REED (for himself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 5499 proposed by Mr. 
Reed (for himself and Mr. Inhofe) to the 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; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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

[[Page S6567]]

     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)''.
                                 ______
                                 
  SA 6464. Mr. REED (for Mr. Peters (for himself and Mr. Portman)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the end, add the following:

     DIVISION E--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.
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.

[[Page S6568]]

       (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;
       (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.

[[Page S6569]]

     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 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

[[Page S6570]]

     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 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;

[[Page S6571]]

       ``(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
       (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

[[Page S6572]]

       ``(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--
       ``(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

[[Page S6573]]

     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 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;

[[Page S6574]]

       (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 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

[[Page S6575]]

     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--
       (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.

[[Page S6576]]

       (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
       (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,

[[Page S6577]]

     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;
       (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.--

[[Page S6578]]

       ``(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'';
       (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,

[[Page S6579]]

     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 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)'';

[[Page S6580]]

       (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.''; and
       (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.
       ``(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

[[Page S6581]]

     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.

     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

[[Page S6582]]

       (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.--
       (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'';

[[Page S6583]]

       (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
       (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

[[Page S6584]]

       (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, 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--

[[Page S6585]]

       (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.
                                 ______
                                 
  SA 6465. Mr. REED (for Mr. Rubio) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the end of subtitle A of title XII, add the following:

     SEC. 1214. 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.
                                 ______
                                 
  SA 6466. Mr. REED (for Ms. Cantwell (for herself and Mr. Wicker)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the end, add the following:

                   DIVISION E--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.
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.

[[Page S6586]]

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;
       ``(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

[[Page S6587]]

     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;
       ``(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--

[[Page S6588]]

       ``(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 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

[[Page S6589]]

     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.
       ``(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.

[[Page S6590]]

       ``(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 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--

[[Page S6591]]

       ``(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 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

[[Page S6592]]

     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--
       (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.

[[Page S6593]]

  


     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;''
       (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

[[Page S6594]]

     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 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).

[[Page S6595]]

  


     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 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

[[Page S6596]]

       (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--
       (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

[[Page S6597]]

     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 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

[[Page S6598]]

     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 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

[[Page S6599]]

     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--
       (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''

[[Page S6600]]

     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
       (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

[[Page S6601]]

       ``(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.''.
       (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)--

[[Page S6602]]

       (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 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).

[[Page S6603]]

       ``(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 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.

[[Page S6604]]

  


           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 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

[[Page S6605]]

     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.
       (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:

[[Page S6606]]

       (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 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

[[Page S6607]]

     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;
       (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

[[Page S6608]]

     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.
       (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:

[[Page S6609]]

       (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.
       (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

[[Page S6610]]

     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.
                                 ______
                                 
  SA 6467. Mr. REED (for Mr. Cornyn (for himself and Mr. King)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the end of subtitle C of title XII, add the following:

     SEC. 1239. 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

[[Page S6611]]

       (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 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.
                                 ______
                                 
  SA 6468. Mr. REED (for Mr. Cassidy) submitted an amendment intended 
to be proposed to amendment SA 5499 proposed by Mr. Reed (for himself 
and Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the end of subtitle B of title VII, add the following:

     SEC. 730. PILOT PROGRAM ON ENSURING PHARMACEUTICAL SUPPLY 
                   STABILITY.

       (a) In General.--Not later than January 1, 2024, the 
     Secretary of Defense, acting through the Director of the 
     Defense Logistics Agency, shall establish a pilot program to 
     acquire, manage, and replenish a 180-day supply of not fewer 
     than 30 commonly used generic drugs and their active 
     pharmaceutical ingredients determined by the Secretary to be 
     at risk of shortage under the military health system as a 
     result of a pharmaceutical supply chain disruption to ensure 
     the stability of such supply, with a preference given to 
     manufacturers in the United States and manufacturers 
     leveraging innovative technological approaches, including 
     biotechnology.
       (b) Military Medical Treatment Facilities.--The Secretary 
     of Defense shall select for participation in the pilot 
     program under subsection (a) not fewer than five military 
     medical treatment facilities that are--
       (1) located in the continental United States; and
       (2) at the greatest risk of pharmaceutical supply chain 
     disruption, as determined by the Secretary.
       (c) Elements.--In carrying out the pilot program under 
     subsection (a), the Secretary of Defense shall--
       (1) use the systems and processes of the direct vendor 
     delivery system established under section 352 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 10 U.S.C. 2458 note);
       (2) establish a vendor managed inventory approach to 
     pharmaceutical distribution to acquire, manage, and replenish 
     the vendor-held supply, with preference given to supplies of 
     pharmaceuticals manufactured and sourced in the United 
     States, leveraging innovative technological approaches 
     described in subsection (a) to prevent product expiration and 
     shortages; and
       (3) ensure guaranteed access by the Department of Defense 
     to the vendor managed inventory approach specified in 
     paragraph (2).
       (d) Termination.--The pilot program under subsection (a) 
     shall terminate on the date that is three years after the 
     date of the enactment of this Act.
       (e) Initial Report.--
       (1) In general.--Not later than 30 days after the date of 
     the establishment of the pilot program under subsection (a), 
     the Secretary of Defense shall submit to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a report on the design of the pilot program.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) an identification of the military medical treatment 
     facilities selected under subsection (b) and the generic 
     drugs, as well as their active ingredients, selected for the 
     pilot program pursuant to subsection (a);
       (B) a plan for the implementation and management of the 
     pilot program; and
       (C) key performance indicators to measure the success of 
     the pilot program in ensuring the availability of generic 
     drugs and active pharmaceutical ingredients selected for the 
     pilot program.
       (f) Final Report.--
       (1) In general.--Not later than 180 days after the 
     termination date under subsection (d), the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a final report on 
     the results of the pilot program.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) measurements of key performance indicators identified 
     in the report required under subsection (e);
       (B) an analysis of the success of the pilot program under 
     subsection (a) in preventing shortages of commonly used 
     generic drugs within the military medical treatment 
     facilities selected under subsection (b), including the speed 
     and agility of drug production; and
       (C) recommendations for expansion of the pilot program, 
     including any legislative or

[[Page S6612]]

     administrative proposals the Secretary determines would 
     reduce supply chain risk to commonly used generic drugs and 
     their active pharmaceutical ingredients under the military 
     health system.
       (g) Definitions.--In this section:
       (1) Active pharmaceutical ingredient.--The term ``active 
     pharmaceutical ingredient'' has the meaning given such term 
     in section 744A of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 379j-41).
       (2) Generic drug.--The term ``generic drug'' means a drug 
     (as defined in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321)) that is approved pursuant to 
     section 505(j) of such Act (21 U.S.C. 355(j)).
       (3) Pharmaceutical supply chain disruption.--The term 
     ``pharmaceutical supply chain disruption'' means a disruption 
     described in the report of the Inspector General of the 
     Department of Defense titled ``Evaluation of the Department 
     of Defense's Mitigation of Foreign Suppliers in the 
     Pharmaceutical Supply Chain'' (DODIG-2021-126) and published 
     on September 20, 2021.
                                 ______
                                 
  SA 6469. Mr. REED (for Mr. Cornyn (for himself and Mr. King)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the end of subtitle C of title XII, add the following:

     SEC. 1239. 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 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.
                                 ______
                                 
  SA 6470. Mr. REED (for Mr. Cornyn (for himself and Mr. Whitehouse)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the 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; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

[[Page S6613]]

  


     SEC. ___. 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.
                                 ______
                                 
  SA 6471. Mr. REED (for Mr. Braun) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. __. STANDARDIZATION OF SECTIONAL BARGE CONSTRUCTION FOR 
                   DEPARTMENT OF DEFENSE USE ON RIVERS AND 
                   INTERCOASTAL WATERWAYS.

       The Secretary of Defense shall ensure that any sectional 
     barge used by the Department of Defense--
       (1) is built to a design that has been reviewed and 
     approved, to the extent possible, by the American Bureau of 
     Shipping, for the intended barge service, and using the rule 
     set of the American Bureau of Shipping for building and 
     classing steel vessels for service on rivers and intercoastal 
     waterways; and
       (2) has a deck design that provides for a minimum 
     concentrated load capacity of 10,000 pounds per square foot.
                                 ______
                                 
  SA 6472. Mr. REED (for Mr. Braun) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the appropriate place in title V, insert the following:

     SEC. __. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING 
                   TRANSPORTATION OF REMAINS OF CASUALTIES.

       Section 580A of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92) is amended by adding at 
     the end the following new subsection:
       ``(c) Transportation of Deceased Military Member.--In the 
     event of a death that requires the Secretary concerned to 
     provide a death benefit under subchapter II of chapter 75 of 
     title 10, United States Code, such Secretary shall provide 
     the next of kin or other appropriate person a commercial air 
     travel use waiver for the transportation of deceased remains 
     of military member who dies outside of the United States.''.
                                 ______
                                 
  SA 6473. Mr. REED (for Mr. Braun) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

        At the end of subtitle D of title VI, add the following:

     SEC. 632. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A 
                   MEMBER OF THE ARMED FORCES.

       (a) In General.--Subchapter II of chapter 75 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1493. Notification to next of kin or other appropriate 
       person: timing; training

       ``(a) In General.--In the event of a death that requires 
     the Secretary of the military department concerned to provide 
     a death benefit under this subchapter, such Secretary shall 
     notify the next of kin or other appropriate person not later 
     than four hours after such death.
       ``(b) Death Outside the United States.--If a death 
     described in subsection (a) occurs outside the United States, 
     the Secretary of Defense, in coordination with the Secretary 
     of State, shall attempt to delay reporting, by the media of 
     the country in which such death occurs, of the name of the 
     decedent until after the Secretary of the military department 
     concerned has notified the next of kin or other appropriate 
     person pursuant to subsection (a).
       ``(c) Training.--The Secretary of the military department 
     concerned shall include a training exercise regarding a death 
     described in this section in each major exercise or planning 
     conference conducted by such Secretary or the Secretary of 
     Defense.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter II of chapter 75 of title 10, United 
     States Code, is amended by adding at the end the following 
     new item:

``1493. Notification to next of kin or other appropriate person: 
              timing; training.''.
                                 ______
                                 
  SA 6474. Mr. REED (for Mr. Grassley (for himself, Ms. Klobuchar, Mr. 
Lee, Mr. Leahy, and Mr. Durbin)) submitted an amendment intended to be 
proposed to amendment SA 5499 proposed by Mr. Reed (for himself and Mr. 
Inhofe) to the 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; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

          TITLE _____--NO OIL PRODUCING AND EXPORTING CARTELS

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``No Oil Producing and 
     Exporting Cartels Act of 2022'' or ``NOPEC''.

     SEC. ___02. SHERMAN ACT.

       The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding 
     after section 7 the following:

     ``SEC. 7A. OIL PRODUCING CARTELS.

       ``(a) In General.--It shall be illegal and a violation of 
     this Act for any foreign state, or any instrumentality or 
     agent of any foreign state, to act collectively or in 
     combination with any other foreign state, any instrumentality 
     or agent of any other foreign state, or any other person, 
     whether by cartel or any other association or form of 
     cooperation or joint action--
       ``(1) to limit the production or distribution of oil, 
     natural gas, or any other petroleum product;
       ``(2) to set or maintain the price of oil, natural gas, or 
     any petroleum product; or
       ``(3) to otherwise take any action in restraint of trade 
     for oil, natural gas, or any petroleum product,
     when such action, combination, or collective action has a 
     direct, substantial, and reasonably foreseeable effect on the 
     market, supply, price, or distribution of oil, natural gas, 
     or other petroleum product in the United States.
       ``(b) Inapplicability of Defenses.--No court of the United 
     States shall decline, based on the act of state, foreign 
     sovereign compulsion, or political question doctrine to make 
     a determination on the merits in an action brought under this 
     section.
       ``(c) Enforcement.--The Attorney General of the United 
     States shall have the sole authority to bring an action to 
     enforce this section. Any such action shall be brought in any 
     district court of the United States as provided under the 
     antitrust laws.''.

     SEC. ___03. NO SOVEREIGN IMMUNITY IN OIL CARTEL CASES.

       Title 28, United States Code, is amended--
       (1) in section 1605(a)--
       (A) in paragraph (5), by striking ``or'' after the 
     semicolon;
       (B) in paragraph (6), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:
       ``(7) in which the action is brought under section 7A of 
     the Sherman Act.''; and
       (2) in section 1610(a)--
       (A) in paragraph (7) by striking the period at the end and 
     inserting ``, or''; and
       (B) by adding at the end the following:
       ``(8) the judgment relates to a claim that is brought under 
     section 7A of the Sherman Act.''.

     SEC. ___04. SEVERABILITY.

       If any provision of this title (or of an amendment made by 
     this title) is held invalid the remainder of this title (or 
     of the amendment) shall not be affected thereby.
                                 ______
                                 
  SA 6475. Mr. REED (for Mr. Warner) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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

[[Page S6614]]

fiscal year, and for other purposes; which was ordered to lie on the 
table; as follows:

        At the end of subtitle E of title V, add the following:

     SEC. 564. FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES 
                   TRANSITIONING OUT OF ACTIVE DUTY SERVICE.

       (a) Study; Education and Outreach Efforts.--
       (1) Study.--The Secretary of Defense shall, in conjunction 
     with the Secretary of Veterans Affairs, conduct a study to 
     identify the means by which members of the Armed Forces are 
     provided information about the availability of Federal 
     nutrition assistance programs as they transition out of 
     active duty service.
       (2) Education and outreach efforts.--The Secretary of 
     Defense, working with the Secretary of Veterans Affairs, 
     shall increase education and outreach efforts to members of 
     the Armed Forces who are transitioning out of active duty 
     service, particularly those members identified as being at-
     risk for food insecurity, to increase awareness of the 
     availability of Federal nutrition assistance programs and 
     eligibility for those programs.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall--
       (A) 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 results of the study 
     conducted under paragraph (1); and
       (B) publish such report on the website of the Department of 
     Defense.
       (b) Report on Coordination Among Departments.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of Veterans Affairs and the 
     Secretary of Agriculture, shall submit to each congressional 
     committee with jurisdiction over the Department of Defense, 
     the Department of Veterans Affairs, and the Department of 
     Agriculture a report on the coordination, data sharing, and 
     evaluation efforts on food insecurity across those 
     departments.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An accounting of the funding each department referred 
     to in paragraph (1) has obligated toward research relating to 
     food insecurity among members of the Armed Forces or 
     veterans.
       (B) An outline of methods of comparing programs and sharing 
     best practices for addressing food insecurity by each such 
     department.
       (C) An outline of--
       (i) the plan each such department has to achieve greater 
     government efficiency and cross-agency coordination, data 
     sharing, and evaluation in addressing food insecurity among 
     members of the Armed Forces; and
       (ii) efforts that the departments can undertake to improve 
     coordination to better address food insecurity as it impacts 
     members before, during, and after their active duty service.
       (D) Any other information the Secretary of Defense, the 
     Secretary of Veterans Affairs, or the Secretary of 
     Agriculture determines to be appropriate.
       (c) Government Accountability Office Study.--The 
     Comptroller General of the United States shall conduct a 
     study to evaluate the feasibility and advisability of 
     expanding eligibility for the basic needs allowance under 
     section 402b of title 37, United States Code, to individuals 
     during the period following the transition of the individuals 
     out of active duty service, up to three months.
                                 ______
                                 
  SA 6476. Mr. REED (for Mr. Warner) submitted an amendment intended to 
be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and 
Mr. Inhofe) to the 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. ___. SUBCONTRACTING REQUIREMENTS FOR MINORITY-SERVING 
                   INSTITUTIONS.

       (a) In General.--Subchapter III of chapter 303 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``SEC. 4127. SUBCONTRACTING REQUIREMENTS FOR MINORITY-SERVING 
                   INSTITUTIONS.

       ``(a) In General.--(1) The head of an agency shall require 
     that a contract awarded to Department of Defense Federally 
     Funded Research and Development Center or University 
     Affiliated Research Center includes a requirement to 
     establish a partnership to develop the capacity of minority-
     serving institutions to address the research and development 
     needs of the Department.
       ``(2) Partnerships established pursuant to paragraph (1) 
     shall be through a subcontract with one or more minority-
     serving institutions for a total amount of not less than 5 
     percent of the amount awarded in the contract.
       ``(b) Definition of Minority-serving Institution.--In this 
     section, the term `minority-serving institution' means an 
     institution listed in section 371(a) of the Higher Education 
     Act of 1965 (20 U.S.C. 1067q(a)).''.
       (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 4126 the 
     following new item:

``4127. Subcontracting requirements for minority-serving 
              institutions.''.

       (c) Effective Date.--The amendments made by paragraph (1) 
     shall--
       (1) take effect on October 1, 2026; and
       (2) apply with respect to funds that are awarded by the 
     Department of Defense on or after such date.

                          ____________________