[Congressional Record Volume 169, Number 142 (Tuesday, September 5, 2023)]
[Senate]
[Pages S3899-S4209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2024
(On July 27, 2023, the Senate passed S. 2226, as follows:)
S. 2226
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Defense Authorization Act for Fiscal Year 2024''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Report on Army requirements and acquisition strategy for
night vision devices.
Sec. 112. Army plan for ensuring sources of cannon tubes.
Sec. 113. Strategy for Army tactical wheeled vehicle program.
Sec. 114. Extension and modification of annual updates to master plans
and investment strategies for Army ammunition plants.
Sec. 115. Report on acquisition strategies of the logistics
augmentation program of the Army.
Subtitle C--Navy Programs
Sec. 121. Reduction in the minimum number of Navy carrier air wings and
carrier air wing headquarters required to be maintained.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Multiyear procurement authority for Virginia class submarine
program.
Sec. 124. Sense of Senate on procurement of outstanding F/A-18 Super
Hornet platforms.
Subtitle D--Air Force Programs
Sec. 131. Limitations and minimum inventory requirement relating to RQ-
4 aircraft.
Sec. 132. Limitation on divestiture of T-1A training aircraft.
Sec. 133. Modification to minimum inventory requirement for A-10
aircraft.
Sec. 134. Modification to minimum requirement for total primary mission
aircraft inventory of Air Force fighter aircraft.
Sec. 135. Modification of limitation on divestment of F-15 aircraft.
Sec. 136. Report on Air Force executive aircraft.
Sec. 137. Prohibition on certain reductions to inventory of E-3
airborne warning and control system aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Pilot program to accelerate the procurement and fielding of
innovative technologies.
Sec. 142. Requirement to develop and implement policies to establish
the datalink strategy of the Department of Defense.
Sec. 143. Report on contract for cybersecurity capabilities and
briefing.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Updated guidance on planning for exportability features for
future programs.
Sec. 212. Support to the Defence Innovation Accelerator for the North
Atlantic.
Sec. 213. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 214. Administration of the Advanced Sensors Application Program.
Sec. 215. Delegation of responsibility for certain research programs.
Sec. 216. Program of standards and requirements for microelectronics.
Sec. 217. Clarifying role of partnership intermediaries to promote
defense research and education.
Sec. 218. Competition for technology that detects and watermarks the
use of generative artificial intelligence.
Subtitle C--Plans, Reports, and Other Matters
Sec. 221. Department of Defense prize competitions for business systems
modernization.
Sec. 222. Update to plans and strategies for artificial intelligence.
Sec. 223. Western regional range complex demonstration.
Sec. 224. Report on feasibility and advisability of establishing a
quantum computing innovation center.
Sec. 225. Briefing on the impediments to the transition of the Semantic
Forensics program to operational use.
Sec. 226. Annual report on Department of Defense hypersonic capability
funding and investment.
Sec. 227. Limitation on availability of funds for travel for office of
Under Secretary of Defense for Personnel and Readiness
pending a plan for modernizing Defense Travel System.
Sec. 228. Annual report on unfunded priorities for research,
development, test, and evaluation activities.
Sec. 229. Establishment of technology transition program for strategic
nuclear deterrence.
Sec. 230. Review of artificial intelligence investment.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Requirement for approval by Under Secretary of Defense for
Acquisition and Sustainment of any waiver for a system
that does not meet fuel efficiency key performance
parameter.
Sec. 312. Improvement and codification of Sentinel Landscapes
Partnership program authority.
Sec. 313. Modification of definition of sustainable aviation fuel for
purpose of pilot program on use of such fuel.
Sec. 314. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air Station Moffett
Field, California.
Sec. 315. Technical assistance for communities and individuals
potentially affected by releases at current and former
Department of Defense facilities.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 321. Treatment of certain materials contaminated with
perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 322. Increase of transfer authority for funding of study and
assessment on health implications of per- and
polyfluoroalkyl substances contamination in drinking
water by Agency for Toxic Substances and Disease
Registry.
Sec. 323. Modification of authority for environmental restoration
projects at National Guard facilities.
Sec. 324. Limitation on availability of travel funds until submittal of
plan for restoring data sharing on testing of water for
perfluoroalkyl or polyfluoroalkyl substances.
Sec. 325. Dashboard of funding relating to perfluoroalkyl substances
and polyfluoroalkyl substances.
Sec. 326. Report on schedule and cost estimates for completion of
testing and remediation of contaminated sites and
publication of cleanup information.
Sec. 327. Modification of timing of report on activities of PFAS Task
Force.
Sec. 328. Government Accountability Office report on testing and
remediation of perfluoroalkyl substances and
polyfluoroalkyl substances.
Subtitle D--Logistics and Sustainment
Sec. 331. Assuring Critical Infrastructure Support for Military
Contingencies Pilot Program.
Sec. 332. Strategy and assessment on use of automation and artificial
intelligence for shipyard optimization.
Subtitle E--Briefings and Reports
Sec. 341. Critical infrastructure conditions at military installations.
Sec. 342. Report on establishing sufficient stabling, pasture, and
training area for the Old Guard Caisson Platoon equines.
Sec. 343. Quarterly briefings on operational status of amphibious
warship fleet of Department of the Navy.
Sec. 344. Briefing on plan for maintaining proficiency in emergency
movement of munitions in Joint Region Marianas, Guam.
Subtitle F--Other Matters
Sec. 351. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and Technical
Training School.
Sec. 352. Restriction on retirement of U-28 Aircraft.
Sec. 353. Tribal liaisons.
Sec. 354. Limitation on use of funds to expand leased facilities for
the Joint Military Information Support Operations Web
Operations Center.
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Sec. 355. Modifications to the Contested Logistics Working Group of the
Department of Defense.
Sec. 356. Establishment of Caisson Platoon to support military and
State funeral services.
Sec. 357. Limitation on availability of funds pending 30-year
shipbuilding plan that maintains 31 amphibious warships
for the Department of the Navy.
Sec. 358. Modification of rule of construction regarding provision of
support and services to non-Department of Defense
organizations and activities.
Sec. 359. Modifications to military aviation and installation assurance
clearinghouse for review of mission obstructions.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Extension of additional authority to vary Space Force end
strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strength: general and flag officers on active
duty.
Sec. 502. Prohibition on appointment or nomination of certain officers
who are subject to special selection review boards.
Sec. 503. Exclusion of officers who are licensed behavioral health
providers from limitations on active duty commissioned
officer end strengths.
Sec. 504. Updating authority to authorize promotion transfers between
components of the same service or a different service.
Sec. 505. Effect of failure of selection for promotion.
Sec. 506. Permanent authority to order retired members to active duty
in high-demand, low-density appointments.
Sec. 507. Waiver authority expansion for the extension of service
obligation for Marine Corps cyberspace operations
officers.
Sec. 508. Removal of active duty prohibition for members of the Air
Force Reserve Policy Committee.
Sec. 509. Extension of authority to vary number of Space Force officers
considered for promotion to major general.
Sec. 510. Realignment of Navy spot-promotion quotas.
Sec. 511. Modification of limitation on promotion selection board
rates.
Sec. 512. Time in grade requirements.
Sec. 513. Flexibility in determining terms of appointment for certain
senior officer positions.
Subtitle B--Reserve Component Management
Sec. 521. Alternative promotion authority for reserve officers in
designated competitive categories.
Sec. 522. Selected Reserve and Ready Reserve order to active duty to
respond to a significant cyber incident.
Sec. 523. Mobilization of Selected Reserve for preplanned missions in
support of the combatant commands.
Sec. 524. Alternating selection of officers of the National Guard and
the Reserves as deputy commanders of certain combatant
commands.
Sec. 525. Grade of Vice Chief of the National Guard Bureau.
Subtitle C--General Service Authorities and Military Records
Sec. 531. Modification of limitation on enlistment and induction of
persons whose score on the Armed Forces Qualification
Test is below a prescribed level.
Sec. 532. Non-medical counseling services for military families.
Sec. 533. Primacy of needs of the service in determining individual
duty assignments.
Sec. 534. Requirement to use qualifications, performance, and merit as
basis for promotions, assignments, and other personnel
actions.
Sec. 535. Requirement to base treatment in the military on merit and
performance.
Sec. 536. Tiger team for outreach to former members.
Sec. 537. Diversity, equity, and inclusion personnel grade cap.
Subtitle D--Military Justice and Other Legal Matters
Sec. 541. Establishment of staggered terms for members of the Military
Justice Review Panel.
Sec. 542. Technical and conforming amendments to the Uniform Code of
Military Justice.
Sec. 543. Annual report on initiative to enhance the capability of
military criminal investigative organizations to prevent
and combat child sexual exploitation.
Subtitle E--Member Education, Training, Transition
Sec. 551. Future servicemember preparatory course.
Sec. 552. Determination of active duty service commitment for
recipients of fellowships, grants, and scholarships.
Sec. 553. Military service academy professional sports pathway report
and legislative proposal required.
Sec. 554. Community college Enlisted Training Corps demonstration
program.
Sec. 555. Language training centers for members of the Armed Forces and
civilian employees of the Department of Defense.
Sec. 556. Limitation on availability of funds for relocation of Army
CID special agent training course.
Sec. 557. Army Physical Fitness Test.
Sec. 558. Opt-out sharing of information on members retiring or
separating from the Armed Forces with community-based
organizations and related entities.
Sec. 559. Establishment of program to promote participation of foreign
students in the Senior Reserve Officers' Training Corps.
Sec. 560. Consideration of standardized test scores in military service
academy application process.
Sec. 560A. Extension of Troops for Teachers program to the Job Corps.
Subtitle F--Military Family Readiness and Dependents' Education
Sec. 561. Pilot program on recruitment and retention of employees for
child development programs.
Sec. 562. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 563. Modifications to assistance to local educational agencies
that benefit dependents of members of the Armed Forces
with enrollment changes due to base closures, force
structure changes, or force relocations.
Sec. 564. Assistance for military spouses to obtain doula
certifications.
Subtitle G--Junior Reserve Officers' Training Corps
Sec. 571. Expansion of Junior Reserve Officers' Training Corps.
Sec. 572. JROTC program certification.
Sec. 573. Memorandum of understanding required.
Sec. 574. Junior Reserve Officers' Training Corps instructor
compensation.
Sec. 575. Annual report on allegations of sexual misconduct in JROTC
programs.
Sec. 576. Comptroller General report on efforts to increase
transparency and reporting on sexual violence in the
Junior Reserve Officers' Training Corps Program.
Subtitle H--Decorations and Other Awards, Miscellaneous Reports and
Other Matters
Sec. 581. Extension of deadline for review of World War I valor medals.
Sec. 582. Prohibition on former members of the Armed Forces accepting
post-service employment with certain foreign governments.
Sec. 583. Prohibition on requiring listing of gender or pronouns in
official correspondence.
Subtitle I--Enhanced Recruiting Efforts
Sec. 591. Short title.
Sec. 592. Increased access to potential recruits at secondary schools.
Sec. 593. Increased access to potential recruits at institutions of
higher education.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Pay of members of reserve components for inactive-duty
training to obtain or maintain an aeronautical rating or
designation.
Sec. 602. Modification of calculation method for basic allowance for
housing to more accurately assess housing costs of junior
members of uniformed services.
Sec. 603. Basic allowance for housing for members assigned to vessels
undergoing maintenance.
Sec. 604. Dual basic allowance for housing for training for certain
members of reserve components.
Sec. 605. Modification of calculation of gross household income for
basic needs allowance to address areas of demonstrated
need.
Sec. 606. Expansion of eligibility for reimbursement of qualified
licensure, certification, and business relocation costs
incurred by military spouses.
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Sec. 607. Cost-of-living allowance in the continental United States:
high cost areas.
Sec. 608. OCONUS cost-of-living allowance: adjustments.
Sec. 609. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 610. Review of rates of military basic pay.
Sec. 611. Government Accountability Office study on process for
determining cost-of-living allowances for members of the
uniformed services assigned to the continental United
States, Hawaii, Alaska, and overseas locations.
Subtitle B--Bonus and Incentive Pays
Sec. 621. Modification of special and incentive pay authorities for
members of reserve components.
Sec. 622. Expansion of continuation pay eligibility.
Sec. 623. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 624. Requirement to establish remote and austere condition
assignment incentive pay program for Air Force.
Sec. 625. Extension of travel allowance for members of the Armed Forces
assigned to Alaska.
Subtitle C--Other Matters
Sec. 631. Modification of requirements for approval of foreign
employment by retired and reserve members of uniformed
services.
Sec. 632. Restrictions on retired and reserve members of the Armed
Forces receiving employment and compensation indirectly
from foreign governments through private entities.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Extension of period of eligibility for health benefits under
TRICARE Reserve Select for survivors of a member of the
Selected Reserve.
Sec. 702. Authority to provide dental care for dependents located at
certain remote or isolated locations.
Sec. 703. Inclusion of assisted reproductive technology and artificial
insemination as required primary and preventive health
care services for members of the uniformed services and
dependents.
Sec. 704. Program on treatment of members of the Armed Forces for post-
traumatic stress disorder, traumatic brain injuries, and
co-occurring disorders related to military sexual trauma.
Sec. 705. Waiver of cost-sharing for three mental health outpatient
visits for certain beneficiaries under the TRICARE
program.
Sec. 706. Expansion of doula care furnished by Department of Defense.
Sec. 707. Sense of Congress on access to mental health services through
TRICARE.
Subtitle B--Health Care Administration
Sec. 711. Increase in stipend for participants in health professions
scholarship and financial assistance programs.
Sec. 712. Financial relief for civilians treated in military medical
treatment facilities.
Sec. 713. Department of Defense Overdose Data Act of 2023.
Sec. 714. Modification of administration of medical malpractice claims
by members of the uniformed services.
Subtitle C--Reports and Other Matters
Sec. 721. Modification of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 722. Requirement that Department of Defense disclose expert
reports with respect to medical malpractice claims by
members of the uniformed services.
Sec. 723. Comptroller General study on impact of perinatal mental
health conditions of members of the Armed Forces and
their dependents on military readiness and retention.
Sec. 724. Report on mental and behavioral health services provided by
Department of Defense.
Sec. 725. Report on activities of Department of Defense to prevent,
intervene, and treat perinatal mental health conditions
of members of the Armed Forces and their dependents.
Sec. 726. Study on family planning and cryopreservation of gametes to
improve retention of members of the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Amendments to multiyear procurement authority.
Sec. 802. Modernizing the Department of Defense requirements process.
Sec. 803. Head of Contracting Authority for Strategic Capabilities
Office.
Sec. 804. Pilot program for the use of innovative intellectual property
strategies.
Sec. 805. Focused commercial solutions openings opportunities.
Sec. 806. Study on reducing barriers to acquisition of commercial
products and services.
Sec. 807. Sense of the Senate on independent cost assessment.
Sec. 808. Emergency acquisition authority for purposes of replenishing
United States stockpiles.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Commander initiated rapid contracting actions.
Sec. 812. Extension and revisions to never contract with the enemy.
Sec. 813. Enhancement of Department of Defense capabilities to prevent
contractor fraud.
Sec. 814. Modification of approval authority for high dollar other
transaction agreements for prototypes.
Sec. 815. Modifications to Earned Value Management system requirements.
Sec. 816. Inventory of inflation and escalation indices.
Sec. 817. Pilot program to incentivize progress payments.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Preventing conflicts of interest for Department of Defense
consultants.
Sec. 820. Prohibition on requiring defense contractors to provide
information relating to greenhouse gas emissions.
Sec. 821. Prohibition on contracts for the provision of online tutoring
services by entities owned by the People's Republic of
China.
Sec. 822. Modification of truthful cost or pricing data submissions and
report.
Sec. 823. Repeal of bonafide office rule for 8(a) contracts with the
Department of Defense.
Subtitle C--Industrial Base Matters
Sec. 831. Defense industrial base advanced capabilities pilot program.
Sec. 832. Department of Defense notification of certain transactions.
Sec. 833. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 834. Pilot program on capital assistance to support defense
investment in the industrial base.
Sec. 835. Requirement to buy certain satellite components from national
technology and industrial base.
Sec. 836. Sense of Congress relating to rubber supply.
Subtitle D--Small Business Matters
Sec. 841. Amendments to Defense Research and Development Rapid
Innovation Program.
Sec. 842. Department of Defense Mentor-Protege Program.
Sec. 843. Consideration of the past performance of affiliate companies
of small businesses.
Sec. 844. Timely payments for Department of Defense small business
subcontractors.
Sec. 845. Extension of Pilot Program for streamlined technology
transition from the SBIR and STTR Programs of the
Department of Defense.
Sec. 846. Annual reports regarding the SBIR program of the Department
of Defense.
Sec. 847. Modifications to the Procurement Technical Assistance
Program.
Sec. 848. Extension of pilot program to incentivize contracting with
employee-owned businesses.
Sec. 849. Eliminating self-certification for service-disabled veteran-
owned small businesses.
Sec. 850. Payment of subcontractors.
Sec. 851. Increase in Governmentwide goal for participation in Federal
contracts by small business concerns owned and controlled
by service-disabled veterans.
Sec. 852. Amendments to contracting authority for certain small
business concerns.
Subtitle E--Other Matters
Sec. 861. Limitation on the availability of funds pending a plan for
implementing the replacement for the Selected Acquisition
Reporting system.
Sec. 862. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 863. Modification of effective date for expansion on the
prohibition on acquiring certain metal products.
Sec. 864. Foreign sources of specialty metals.
Sec. 865. University Affiliated Research Center for critical minerals.
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Sec. 866. Enhanced domestic content requirement for navy shipbuilding
programs.
Sec. 867. Addition of Administrator of the Small Business
Administration to the Federal Acquisition Regulatory
Council.
Sec. 868. Modifications to rights in technical data.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Establishment of Office of Strategic Capital.
Sec. 902. Reinstatement of position of Chief Management Officer of
Department of Defense.
Sec. 903. Modification of responsibilities of Director of Cost
Assessment and Program Evaluation.
Sec. 904. Roles and responsibilities for components of Office of
Secretary of Defense for joint all-domain command and
control in support of integrated joint warfighting.
Sec. 905. Principal Deputy Assistant Secretaries to support Assistant
Secretary of Defense for Special Operations and Low
Intensity Conflict.
Sec. 906. Modification of cross-functional team to address emerging
threat relating to directed energy capabilities.
Sec. 907. Pilot program on protecting access to critical assets.
Sec. 908. Extension of mission management pilot program.
Sec. 909. Conforming amendments to carry out elimination of position of
Chief Management Officer.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 921. Joint Energetics Transition Office.
Sec. 922. Transition of oversight responsibility for the Defense
Technology Security Administration.
Sec. 923. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for oversight
purposes.
Sec. 924. Integration of productivity software suites for scheduling
data.
Sec. 925. Operationalizing audit readiness.
Sec. 926. Next generation business health metrics.
Sec. 927. Independent assessment of defense business enterprise
architecture.
Sec. 928. Limitation on establishment of new diversity, equity, and
inclusion positions; hiring freeze.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Annual report on budget prioritization by Secretary of
Defense and military departments.
Sec. 1003. Additional reporting requirements related to unfunded
priorities.
Sec. 1004. Sense of the Senate on need for emergency supplemental
appropriations.
Subtitle B--Counterdrug Activities
Sec. 1011. Disruption of fentanyl trafficking.
Sec. 1012. Enhanced support for counterdrug activities and activities
to counter transnational organized crime.
Sec. 1013. Modification of support for counterdrug activities and
activities to counter transnational organized crime:
increase in cap for small scale construction projects.
Sec. 1014. Building the capacity of armed forces of Mexico to counter
the threat posed by transnational criminal organizations.
Subtitle C--Naval Vessels
Sec. 1021. Modification of authority to purchase used vessels under the
National Defense Sealift Fund.
Sec. 1022. Amphibious warship force availability.
Sec. 1023. Prohibition on retirement of certain naval vessels.
Sec. 1024. Report on the potential for an Army and Navy joint effort
for watercraft vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1032. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1033. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Sec. 1042. Authority to include funding requests for the chemical and
biological defense program in budget accounts of military
departments.
Sec. 1043. Unfavorable security clearance eligibility determinations
and appeals.
Sec. 1044. Assistance in support of Department of Defense accounting
for missing United States Government personnel.
Sec. 1045. Implementation of arrangements to build transparency,
confidence, and security.
Sec. 1046. Access to and use of military post offices by United States
citizens employed overseas by the North Atlantic Treaty
Organization who perform functions in support of military
operations of the Armed Forces.
Sec. 1047. Removal of time limitations of temporary protection and
authorization of reimbursement for security services and
equipment for former or retired Department of Defense
personnel.
Sec. 1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities
required to expand accounting for persons missing from
designated past conflicts.
Sec. 1049. Access to commissary and exchange privileges for remarried
spouses.
Subtitle F--Studies and Reports
Sec. 1051. Annual report and briefing on implementation of Force Design
2030.
Sec. 1052. Plan for conversion of Joint Task Force North into Joint
Interagency Task Force North.
Sec. 1053. Report on use of tactical fighter aircraft and bomber
aircraft for deployments and homeland defense missions.
Sec. 1054. Modifications of reporting requirements.
Sec. 1055. Report on equipping certain ground combat units with small
unmanned aerial systems.
Sec. 1056. Comprehensive assessment of Marine Corps Force Design 2030.
Sec. 1057. Strategy to achieve critical mineral supply chain
independence for the Department of Defense.
Sec. 1058. Quarterly briefing on homeland defense planning.
Sec. 1059. Special operations force structure.
Sec. 1060. Briefing on commercial tools employed by the Department of
Defense to assess foreign ownership, control, or
influence.
Sec. 1061. Plan on countering human trafficking.
Sec. 1062. Briefing and report on use and effectiveness of United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 1063. Ensuring reliable supply of critical minerals.
Subtitle G--Other Matters
Sec. 1071. Matters related to irregular warfare.
Sec. 1072. Joint concept for competing implementation updates.
Sec. 1073. Limitation on certain funding until submission of the
Chairman's Risk Assessment and briefing requirement.
Sec. 1074. Notification of safety and security concerns at certain
Department of Defense laboratories.
Sec. 1075. Assessment and recommendations relating to infrastructure,
capacity, resources, and personnel in Guam.
Sec. 1076. Program and processes relating to foreign acquisition.
Sec. 1077. Technical and conforming amendments related to the Space
Force.
Sec. 1078. Authority to establish commercial integration cells within
certain combatant commands.
Sec. 1079. Modification on limitation on funding for institutions of
higher education hosting Confucius Institutes.
Sec. 1080. Modification of definition of domestic source for title III
of Defense Production Act of 1950.
Sec. 1081. Comprehensive strategy for talent development and management
of Department of Defense computer programming workforce.
Sec. 1082. Limitation on availability of funds for destruction of
landmines.
Sec. 1083. Nogales wastewater improvement.
Sec. 1084. Authorization of amounts to support initiatives for mobile
mammography services for veterans.
Sec. 1085. Protection of covered sectors.
Sec. 1086. Review of agriculture-related transactions by Committee on
Foreign Investment in the United States.
Sec. 1087. 9/11 Responder and Survivor Health Funding Correction Act of
2023.
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Sec. 1088. Reauthorization of voluntary registry for firefighter cancer
incidence.
Sec. 1089. Requirement for unqualified opinion on financial statement.
Sec. 1090. Briefing on Air National Guard active associations.
Sec. 1090A. Informing Consumers about Smart Devices Act.
Sec. 1090B. Improving processing by Department of Veterans Affairs of
disability claims for post-traumatic stress disorder
through improved training.
Sec. 1090C. U.S. Hostage and Wrongful Detainee Day Act of 2023.
Sec. 1090D. Prohibition on provision of airport improvement grant funds
to certain entities that have violated intellectual
property rights of United States entities.
Sec. 1090E. Conduct of winter season reconnaissance of atmospheric
rivers in the western United States.
Sec. 1090F. National Cold War Center designation.
Sec. 1090G. Semiconductor program.
Sec. 1090H. Prohibition of demand for bribe.
Sec. 1090I. Studies and reports on treatment of service of certain
members of the Armed Forces who served in female cultural
support teams.
Sec. 1090J. Global cooperative framework to end human rights abuses in
sourcing critical minerals.
Sec. 1090K. Readmission requirements for servicemembers.
Subtitle H--Drone Security
Sec. 1091. Short title.
Sec. 1092. Definitions.
Sec. 1093. Prohibition on procurement of covered unmanned aircraft
systems from covered foreign entities.
Sec. 1094. Prohibition on operation of covered unmanned aircraft
systems from covered foreign entities.
Sec. 1095. Prohibition on use of Federal funds for procurement and
operation of covered unmanned aircraft systems from
covered foreign entities.
Sec. 1096. Prohibition on use of Government-issued Purchase Cards to
purchase covered unmanned aircraft systems from covered
foreign entities.
Sec. 1097. Management of existing inventories of covered unmanned
aircraft systems from covered foreign entities.
Sec. 1098. Comptroller General report.
Sec. 1099. Government-wide policy for procurement of unmanned aircraft
systems.
Sec. 1099A. State, local, and territorial law enforcement and emergency
service exemption.
Sec. 1099B. Study.
Sec. 1099C. Exceptions.
Sec. 1099D. Sunset.
Subtitle I--Radiation Exposure Compensation Act
PART I--Manhattan Project Waste
Sec. 1099AA. Claims relating to Manhattan Project waste.
PART II--Compensation for Workers Involved in Uranium Mining
Sec. 1099BB. Short title.
Sec. 1099CC. References.
Sec. 1099DD. Extension of fund.
Sec. 1099EE. Claims relating to atmospheric testing.
Sec. 1099FF. Claims relating to uranium mining.
Sec. 1099GG. Expansion of use of affidavits in determination of claims;
regulations.
Sec. 1099HH. Limitation on claims.
Sec. 1099II. Grant program on epidemiological impacts of uranium mining
and milling.
Sec. 1099JJ. Energy Employees Occupational Illness Compensation
Program.
Subtitle J--Crypto Assets
Sec. 1099AAA. Crypto asset anti-money laundering examination standards.
Sec. 1099BBB. Combating anonymous crypto asset transactions.
Subtitle K--Combating Cartels on Social Media Act of 2023
Sec. 1099AAAA. Short title.
Sec. 1099BBBB. Definitions.
Sec. 1099CCCC. Assessment of illicit usage.
Sec. 1099DDDD. Strategy to combat cartel recruitment on social media
and online platforms.
Sec. 1099EEEE. Rule of construction.
Sec. 1099FFFF. No additional funds.
TITLE XI--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND
NATIONAL EMPOWERMENT
Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. National security councils of specified countries.
TITLE XII--CIVILIAN PERSONNEL MATTERS
Sec. 1201. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1202. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1203. Exclusion of positions in nonappropriated fund
instrumentalities from limitations on dual pay.
Sec. 1204. Exception to limitation on number of Senior Executive
Service positions for the Department of Defense.
Sec. 1205. Removal of Washington Headquarters Services direct support
from personnel limitation on the Office of the Secretary
of Defense.
Sec. 1206. Consolidation of direct hire authorities for candidates with
specified degrees at science and technology reinvention
laboratories.
Sec. 1207. Expansion and extension of direct hire authority for certain
personnel of the Department of Defense.
Sec. 1208. Extension of direct hire authority for the Department of
Defense for post-secondary students and recent graduates.
Sec. 1209. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test Facilities Base.
Sec. 1210. Authority to employ civilian faculty members at Space Force
schools.
Sec. 1211. Report and sunset relating to inapplicability of
certification of executive qualifications by
qualification review boards of Office of Personnel
Management.
Sec. 1212. Extension of date of first employment for acquisition of
competitive status for employees of Inspectors General
for overseas contingency operations.
Sec. 1213. Expansion of noncompetitive appointment eligibility to
spouses of Department of Defense civilians.
Sec. 1214. Elimination of Government Accountability Office review
requirement relating to Department of Defense personnel
authorities.
Sec. 1215. Amendments to the John S. McCain Strategic Defense Fellows
Program.
Sec. 1216. Civilian Cybersecurity Reserve pilot project.
TITLE XIII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1301. Middle East integrated maritime domain awareness and
interdiction capability.
Sec. 1302. Authority to provide mission training through distributed
simulation.
Sec. 1303. Increase in small-scale construction limit and modification
of authority to build capacity.
Sec. 1304. Extension of legal institutional capacity building
initiative for foreign defense institutions.
Sec. 1305. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1306. Extension of authority for Department of Defense support for
stabilization activities in national security interest of
the United States.
Sec. 1307. Extension of cross servicing agreements for loan of
personnel protection and personnel survivability
equipment in coalition operations.
Sec. 1308. Limitation on availability of funds for International
Security Cooperation Program.
Sec. 1309. Modification of Department of Defense security cooperation
workforce development.
Sec. 1310. Modification of authority to provide support to certain
governments for border security operations.
Sec. 1311. Modification of Defense Operational Resilience International
Cooperation Pilot Program.
Sec. 1312. Assistance to Israel for aerial refueling.
Sec. 1313. Report on coordination with private entities and State
governments with respect to the State Partnership
Program.
Subtitle B--Matters Relating to Syria, Iraq, and Iran
Sec. 1321. Extension and modification of authority to provide
assistance to vetted Syrian groups and individuals.
Sec. 1322. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1323. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and
Syria.
Sec. 1324. Briefing on nuclear capability of Iran.
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Sec. 1325. Modification of establishment of coordinator for detained
ISIS members and relevant populations in Syria.
Subtitle C--Matters Relating to Europe and the Russian Federation
Sec. 1331. Extension and modification of Ukraine Security Assistance
Initiative.
Sec. 1332. Extension and modification of training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1333. Extension of prohibition on availability of funds relating
to sovereignty of the Russian Federation over
internationally recognized territory of Ukraine.
Sec. 1334. Extension and modification of temporary authorizations
related to Ukraine and other matters.
Sec. 1335. Prioritization for basing, training, and exercises in North
Atlantic Treaty Organization member countries.
Sec. 1336. Study and report on lessons learned regarding information
operations and deterrence.
Sec. 1337. Report on progress on multi-year strategy and plan for the
Baltic Security Initiative.
Sec. 1338. Sense of the Senate on the North Atlantic Treaty
Organization.
Sec. 1339. Sense of the Senate on Defence Innovation Accelerator for
the North Atlantic (DIANA) in the North Atlantic Treaty
Organization.
Sec. 1340. Sense of the Senate regarding the arming of Ukraine.
Subtitle D--Matters Relating to the Indo-Pacific Region
Sec. 1341. Indo-Pacific Campaigning Initiative.
Sec. 1342. Training, advising, and institutional capacity-building
program for military forces of Taiwan.
Sec. 1343. Indo-Pacific Maritime Domain Awareness Initiative.
Sec. 1344. Extension of Pacific Deterrence Initiative.
Sec. 1345. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1346. Extension and modification of pilot program to improve cyber
cooperation with foreign military partners in Southeast
Asia.
Sec. 1347. Extension and modification of certain temporary
authorizations.
Sec. 1348. Plan for enhanced security cooperation with Japan.
Sec. 1349. Plan for improvements to certain operating locations in
Indo-Pacific region.
Sec. 1350. Strategy for improving posture of ground-based theater-range
missiles in Indo-Pacific region.
Sec. 1351. Enhancing major defense partnership with India.
Sec. 1352. Military cybersecurity cooperation with Taiwan.
Sec. 1353. Designation of senior official for Department of Defense
activities relating to, and implementation plan for,
security partnership among Australia, the United Kingdom,
and the United States.
Sec. 1354. Report and notification relating to transfer of operational
control on Korean Peninsula.
Sec. 1355. Report on range of consequences of war with the People's
Republic of China.
Sec. 1356. Study and report on command structure and force posture of
United States Armed Forces in Indo-Pacific region.
Sec. 1357. Studies on defense budget transparency of the People's
Republic of China and the United States.
Sec. 1358. Briefing on provision of security assistance by the People's
Republic of China and summary of Department of Defense
mitigation activities.
Sec. 1359. Semiannual briefings on bilateral agreements supporting
United States military posture in the Indo-Pacific
region.
Sec. 1360. Semiannual briefings on military of the People's Republic of
China.
Sec. 1361. Prohibition on use of funds to support entertainment
projects with ties to the Government of the People's
Republic of China.
Sec. 1362. Prohibition on use of funds for the Wuhan Institute of
Virology.
Sec. 1363. Audit to identify diversion of Department of Defense funding
to China's research labs.
Sec. 1364. Prohibiting Federal funding for EcoHealth Alliance Inc.
Sec. 1365. Assessment relating to contingency operational plan of
United States Indo-Pacific Command.
Sec. 1366. Assessment of absorptive capacity of military forces of
Taiwan.
Sec. 1367. Analysis of risks and implications of potential sustained
military blockade of Taiwan by the People's Republic of
China.
Sec. 1368. Sense of the Senate on defense alliances and partnerships in
the Indo-Pacific region.
Sec. 1369. Assessment of gifts and grants to United States institutions
of higher education from entities on the Non-SDN Chinese
Military-Industrial Complex Companies List.
Sec. 1370. Extension of export prohibition on munitions items to the
Hong Kong Police Force.
Subtitle E--Securing Maritime Data From China
Sec. 1371. Short title.
Sec. 1372. LOGINK defined.
Sec. 1373. Countering the spread of LOGINK.
Subtitle F--Reports
Sec. 1381. Report on Department of Defense roles and responsibilities
in support of National Strategy for the Arctic Region.
Subtitle G--Other Matters
Sec. 1391. Military intelligence collection and analysis partnerships.
Sec. 1392. Collaboration with partner countries to develop and maintain
military-wide transformational strategies for operational
energy.
Sec. 1393. Modification of support of special operations for irregular
warfare.
Sec. 1394. Modification of authority for expenditure of funds for
clandestine activities that support operational
preparation of the environment.
Sec. 1395. Modification of initiative to support protection of national
security academic researchers from undue influence and
other security threats.
Sec. 1396. Modification of authority for certain payments to redress
injury and loss.
Sec. 1397. Modification of authority for cooperation on directed energy
capabilities.
Sec. 1398. Modification of Arctic Security Initiative.
Sec. 1399. Termination of authorization of non-conventional assisted
recovery capabilities.
Sec. 1399A. Extension of prohibition on in-flight refueling to non-
United States aircraft that engage in hostilities in the
ongoing civil war in Yemen.
Sec. 1399B. Extension of United States-Israel anti-tunnel cooperation.
Sec. 1399C. Prohibition on delegation of authority to designate foreign
partner forces as eligible for the provision of
collective self-defense support by United States Armed
Forces.
Sec. 1399D. Participation by military departments in interoperability
programs with military forces of Australia, Canada, New
Zealand, and the United Kingdom.
Sec. 1399E. Cooperation with allies and partners in Middle East on
development of integrated regional cybersecurity
architecture.
Sec. 1399F. Foreign Advance Acquisition Account.
Sec. 1399G. Limitation on availability of funds for travel expenses of
the Office of the Secretary of Defense.
Sec. 1399H. Plans related to rapid transfer of certain missiles and
defense capabilities.
Sec. 1399I. Ensuring peace through strength in Israel.
Sec. 1399J. Improvements to security cooperation workforce and defense
acquisition workforce.
Sec. 1399K. Modification of foreign military sales processing.
Sec. 1399L. Ending China's developing nation status.
Sec. 1399M. Sharing of information with respect to suspected violations
of intellectual property rights.
Sec. 1399N. Foreign port security assessments.
Sec. 1399O. Legal preparedness for servicemembers abroad.
Subtitle H--Limitation on Withdrawal From NATO
Sec. 1399AA. Opposition of Congress to suspension, termination,
denunciation, or withdrawal from North Atlantic Treaty.
Sec. 1399BB. Limitation on the use of funds.
Sec. 1399CC. Notification of treaty action.
Sec. 1399DD. Authorization of Legal Counsel to represent Congress.
Sec. 1399EE. Reporting requirement.
Sec. 1399FF. Rule of construction.
Sec. 1399GG. Severability.
Sec. 1399HH. Definitions.
Subtitle I--Combating Global Corruption
Sec. 1399AAA. Short title.
Sec. 1399BBB. Definitions.
Sec. 1399CCC. Publication of tiered ranking list.
Sec. 1399DDD. Minimum standards for the elimination of corruption and
assessment of efforts to combat corruption.
Sec. 1399EEE. Imposition of sanctions under Global Magnitsky Human
Rights Accountability Act.
Sec. 1399FFF. Designation of embassy anti-corruption points of contact.
Subtitle J--International Children With Disabilities Protection
Sec. 1399AAAA. Short title.
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Sec. 1399BBBB. Sense of Congress.
Sec. 1399CCCC. Definitions.
Sec. 1399DDDD. Statement of policy.
Sec. 1399EEEE. International Children with Disabilities Protection
Program and capacity building.
Sec. 1399FFFF. Annual report on implementation.
Sec. 1399GGGG. Promoting international protection and advocacy for
children with disabilities.
Subtitle K--Western Hemisphere Partnership Act of 2023
Sec. 1399AAAAA. Short title.
Sec. 1399BBBBB. United States policy in the Western Hemisphere.
Sec. 1399CCCCC. Promoting security and the rule of law in the Western
Hemisphere.
Sec. 1399DDDDD. Promoting digitalization and cybersecurity in the
Western Hemisphere.
Sec. 1399EEEEE. Promoting economic and commercial partnerships in the
Western Hemisphere.
Sec. 1399FFFFF. Promoting transparency and democratic governance in the
Western Hemisphere.
Sec. 1399GGGGG. Investment, trade, and development in Africa and Latin
America and the Caribbean.
Sec. 1399HHHHH. Sense of Congress on prioritizing nomination and
confirmation of qualified ambassadors.
Sec. 1399IIIII. Western Hemisphere defined.
Sec. 1399JJJJJ. Report on efforts to capture and detain united states
citizens as hostages.
TITLE XIV--COOPERATIVE THREAT REDUCTION
Sec. 1401. Cooperative Threat Reduction funds.
TITLE XV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1501. Working capital funds.
Sec. 1502. Chemical Agents and Munitions Destruction, Defense.
Sec. 1503. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1504. Defense Inspector General.
Sec. 1505. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1511. Recovery of rare earth elements and other strategic and
critical materials through end-of-life equipment
recycling.
Sec. 1512. Improvements to Strategic and Critical Materials Stock
Piling Act.
Sec. 1513. Authority to dispose of materials from the National Defense
Stockpile.
Sec. 1514. Beginning balances of the National Defense Stockpile
Transaction Fund for audit purposes.
Subtitle C--Other Matters
Sec. 1521. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health
Care Center, Illinois.
Sec. 1522. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1523. Modification of leasing authority of Armed Forces Retirement
Home.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Acquisition strategy for Phase 3 of the National Security
Space Launch program.
Sec. 1602. Initial operating capability for Advanced Tracking and
Launch Analysis System and system-level review.
Sec. 1603. Department of the Air Force responsibility for space-based
ground and airborne moving target indication.
Sec. 1604. Principal Military Deputy for Space Acquisition and
Integration.
Sec. 1605. Use of middle tier acquisition authority for Space
Development Agency acquisition program.
Sec. 1606. Special authority for provision of commercial space launch
support services.
Sec. 1607. Treatment of Positioning, Navigation, and Timing Resiliency,
Modifications, and Improvements program as acquisition
category 1D program.
Sec. 1608. Briefing on classification practices and foreign disclosure
policies required for combined space operations.
Sec. 1609. Limitation on availability of certain funds relating to
selection of permanent location for headquarters of
United States Space Command.
Subtitle B--Nuclear Forces
Sec. 1611. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1612. Sentinel intercontinental ballistic missile program silo
activity.
Sec. 1613. Matters relating to the acquisition and deployment of the
Sentinel intercontinental ballistic missile weapon
system.
Sec. 1614. Plan for decreasing the time to upload additional warheads
to the intercontinental ballistic missile fleet.
Sec. 1615. Tasking and oversight authority with respect to
intercontinental ballistic missile site activation task
force for Sentinel Program.
Sec. 1616. Long-term sustainment of Sentinel ICBM guidance system.
Sec. 1617. Sense of Senate on Polaris Sales Agreement.
Sec. 1618. Matters relating to the nuclear-armed sea-launched cruise
missile.
Sec. 1619. Operational timeline for Strategic Automated Command and
Control System.
Sec. 1620. Amendment to annual report on the plan for the nuclear
weapons stockpile, nuclear weapons complex, nuclear
weapons delivery systems, and nuclear weapons command and
control systems.
Sec. 1621. Technical amendment to additional report matters on
strategic delivery systems.
Sec. 1622. Amendment to study of weapons programs that allow Armed
Forces to address hard and deeply buried targets.
Sec. 1623. Limitation on use of funds until provision of Department of
Defense information to Government Accountability Office.
Sec. 1624. Monitoring Iranian enrichment.
Subtitle C--Missile Defense
Sec. 1631. Designation of official responsible for missile defense of
Guam.
Sec. 1632. Selection of a Director of the Missile Defense Agency.
Sec. 1633. Modification of requirement for Comptroller General of the
United States review and assessment of missile defense
acquisition programs.
Sec. 1634. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production.
Sec. 1635. Modification of scope of program accountability matrices
requirements for next generation interceptors for missile
defense of the United States homeland.
Sec. 1636. Limitation on availability of funds for Office of Cost
Assessment and Program Evaluation until submission of
missile defense roles and responsibilities report.
Sec. 1637. Integrated air and missile defense architecture for the
Indo-Pacific region.
Sec. 1638. Modification of National Missile Defense policy.
Subtitle D--Other Matters
Sec. 1641. Electronic warfare.
Sec. 1642. Study on the future of the Integrated Tactical Warning
Attack Assessment System.
Sec. 1643. Comprehensive review of electronic warfare test ranges and
future capabilities.
Sec. 1644. Extension of authorization for protection of certain
facilities and assets from unmanned aircraft.
Sec. 1645. Addressing serious deficiencies in electronic protection of
systems that operate in the radio frequency spectrum.
Sec. 1646. Funding limitation on certain unreported programs.
Sec. 1647. Revision of Secretary of Defense authority to engage in
commercial activities as security for intelligence
collection activities.
TITLE XVII--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Relating to Cyber Operations and Cyber Forces
Sec. 1701. Measures to enhance the readiness and effectiveness of the
Cyber Mission Force.
Sec. 1702. Cyber intelligence center.
Sec. 1703. Performance metrics for pilot program for sharing cyber
capabilities and related information with foreign
operational partners.
Sec. 1704. Next generation cyber red teams.
Sec. 1705. Management of data assets by Chief Digital Officer.
Sec. 1706. Authority for countering illegal trafficking by Mexican
transnational criminal organizations in cyberspace.
Sec. 1707. Pilot program for cybersecurity collaboration center
inclusion of semiconductor manufacturers.
Sec. 1708. Independent evaluation regarding potential establishment of
United States Cyber Force and further evolution of
current model for management and execution of cyber
mission.
Subtitle B--Matters Relating to Department of Defense Cybersecurity and
Information Technology
Sec. 1711. Requirements for deployment of fifth generation information
and communications capabilities to Department of Defense
bases and facilities.
[[Page S3906]]
Sec. 1712. Department of Defense information network boundary and
cross-domain defense.
Sec. 1713. Policy and guidance on memory-safe software programming.
Sec. 1714. Development of regional cybersecurity strategies.
Sec. 1715. Cyber incident reporting.
Sec. 1716. Management by Department of Defense of mobile applications.
Sec. 1717. Security enhancements for the nuclear command, control, and
communications network.
Sec. 1718. Guidance regarding securing laboratories of the Armed
Forces.
Sec. 1719. Establishing Identity, Credential, and Access Management
initiative as a program of record.
Sec. 1720. Strategy on cybersecurity resiliency of Department of
Defense space enterprise.
Sec. 1721. Requirements for implementation of user activity monitoring
for cleared personnel and operational and information
technology administrators and other privileged users.
Sec. 1722. Department of Defense digital content provenance.
Sec. 1723. Post-graduate employment of Cyber Service Academy
scholarship recipients in intelligence community.
Sec. 1724. Minimum number of scholarships to be awarded annually
through Cyber Service Academy.
Sec. 1725. Control and management of Department of Defense data and
establishment of Chief Digital and Artificial
Intelligence Officer Governing Council.
Sec. 1726. Requirement to support for cyber education and workforce
development at institutions of higher learning.
Sec. 1727. Improvements relating to cyber protection support for
Department of Defense personnel in positions highly
vulnerable to cyber attack.
Sec. 1728. Comptroller General report on efforts to protect personal
information of Department of Defense personnel from
exploitation by foreign adversaries.
TITLE XVIII--SPACE FORCE PERSONNEL MANAGEMENT
Sec. 1801. Short title.
Sec. 1802. Space Force Personnel Management Act transition plan.
Sec. 1803. Comprehensive assessment of Space Force equities in the
National Guard.
Subtitle A--Space Force Military Personnel System Without Component
Sec. 1811. Establishment of military personnel management system for
the Space Force.
Sec. 1812. Composition of the Space Force without component.
Sec. 1813. Definitions for single personnel management system for the
Space Force.
Sec. 1814. Basic policies relating to service in the Space Force.
Sec. 1815. Status and participation.
Sec. 1816. Officers.
Sec. 1817. Enlisted members.
Sec. 1818. Retention and separation generally.
Sec. 1819. Separation of officers for substandard performance of duty
or for certain other reasons.
Sec. 1820. Retirement.
Subtitle B--Conforming Amendments Related to Space Force Military
Personnel System
Sec. 1831. Amendments to Department of the Air Force provisions of
title 10, United States Code.
Sec. 1832. Amendments to subtitle A of title 10, United States Code.
Sec. 1833. Title 38, United States Code (veterans' benefits).
Subtitle C--Transition Provisions
Sec. 1841. Transition period.
Sec. 1842. Change of duty status of members of the Space Force.
Sec. 1843. Transfer to the Space Force of members of the Air Force
Reserve and the Air National Guard.
Sec. 1844. Placement of officers on the Space Force officer list.
Sec. 1845. Disestablishment of regular Space Force.
Sec. 1846. End strength flexibility.
Sec. 1847. Promotion authority flexibility.
Subtitle D--Other Amendments Related to the Space Force
Sec. 1851. Title 10, United States Code.
Sec. 1852. Other provisions of law.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to use cash payments in special
account from land conveyance, Natick Soldier Systems
Center, Massachusetts.
Sec. 2105. Extension of authority to carry out fiscal year 2018 project
at Kunsan Air Base, Korea.
Sec. 2106. Extension of authority to carry out certain fiscal year 2019
projects.
Sec. 2107. Extension of authority to carry out certain fiscal year 2021
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2019
projects.
Sec. 2205. Extension of authority to carry out certain fiscal year 2021
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017
projects.
Sec. 2305. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2019
projects.
Sec. 2307. Extension of authority to carry out certain fiscal year 2021
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2405. Extension and modification of authority to carry out certain
fiscal year 2019 projects.
Sec. 2406. Extension of authority to carry out certain fiscal year 2021
projects.
Sec. 2407. Additional authority to carry out certain fiscal year 2022
projects.
Sec. 2408. Additional authority to carry out certain fiscal year 2023
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out fiscal year 2018 project
at Hulman Regional Airport, Indiana.
Sec. 2608. Extension of authority to carry out fiscal year 2019 project
at Francis S. Gabreski Airport, New York.
Sec. 2609. Extension of authority to carry out certain fiscal year 2021
projects.
Sec. 2610. Modification of authority to carry out fiscal year 2022
project at Nickell Memorial Armory, Kansas.
Sec. 2611. Modification of authority to carry out fiscal year 2023
project at Camp Pendleton, California.
Sec. 2612. Authority to conduct restoration and modernization projects
at the First City Troop Readiness Center in Philadelphia,
Pennsylvania.
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TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo
County, Colorado.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Authority for Indo-Pacific posture military construction
projects.
Sec. 2802. Ordering authority for maintenance, repair, and construction
of facilities of Department of Defense.
Sec. 2803. Application of area construction cost indices outside the
United States.
Sec. 2804. Authorization of cost-plus incentive-fee contracting for
military construction projects to mitigate risk to the
Sentinel Program schedule and cost.
Sec. 2805. Extensions to the Military Lands Withdrawal Act relating to
Barry M. Goldwater range.
Sec. 2806. Authority to lease land parcel for hospital and medical
campus, Barrigada Transmitter Site, Guam.
Sec. 2807. Revision to access and management of Air Force memorial.
Sec. 2808. Development and operation of the Marine Corps Heritage
Center and the National Museum of the Marine Corps.
Sec. 2809. Authority for acquisition of real property interest in park
land owned by the Commonwealth of Virginia.
Sec. 2810. Movement or consolidation of Joint Spectrum Center to Fort
Meade, Maryland, or another appropriate location.
Sec. 2811. Temporary expansion of authority for use of one-step turn-
key selection procedures for repair projects.
Sec. 2812. Modification of temporary increase of amounts in connection
with authority to carry out unspecified minor military
construction.
Sec. 2813. Pilot program on replacement of substandard enlisted
barracks.
Sec. 2814. Expansion of Defense Community Infrastructure Pilot Program
to include installations of the Coast Guard.
Sec. 2815. Modification of pilot program on increased use of
sustainable building materials in military construction.
Subtitle B--Military Housing
PART I--Military Unaccompanied Housing
Sec. 2821. Uniform condition index for military unaccompanied housing.
Sec. 2822. Certification of habitability of military unaccompanied
housing.
Sec. 2823. Maintenance work order management process for military
unaccompanied housing.
Sec. 2824. Expansion of uniform code of basic standards for military
housing to include military unaccompanied housing.
Sec. 2825. Oversight of military unaccompanied housing.
Sec. 2826. Elimination of flexibilities for adequacy or construction
standards for military unaccompanied housing.
Sec. 2827. Design standards for military unaccompanied housing.
Sec. 2828. Termination of habitability standard waivers and assessment
and plan with respect to military unaccompanied housing.
Sec. 2829. Requirement for security cameras in common areas and entry
points of military unaccompanied housing.
Sec. 2830. Annual report on military unaccompanied housing.
PART II--Privatized Military Housing
Sec. 2841. Improvements to privatized military housing.
Sec. 2842. Implementation of Comptroller General Recommendations
relating to strengthening oversight of privatized
military housing.
Sec. 2843. Treatment of nondisclosure agreements with respect to
privatized military housing.
PART III--Other Housing Matters
Sec. 2851. Department of Defense Military Housing Readiness Council.
Sec. 2852. Inclusion in annual status of forces survey of questions
regarding living conditions of members of the Armed
Forces.
Subtitle C--Land Conveyances
Sec. 2861. Land conveyance, BG J Sumner Jones Army Reserve Center,
Wheeling, West Virginia.
Sec. 2862. Land conveyance, Wetzel County Memorial Army Reserve Center,
New Martinsville, West Virginia.
Subtitle D--Other Matters
Sec. 2871. Authority to conduct energy resilience and conservation
projects at installations where non-Department of Defense
funded energy projects have occurred.
Sec. 2872. Limitation on authority to modify or restrict public access
to Greenbury Point Conservation Area at Naval Support
Activity Annapolis, Maryland.
Sec. 2873. Authorization for the Secretary of the Navy to resolve the
electrical utility operations at Former Naval Air Station
Barbers Point (currently known as ``Kalaeloa''), Hawaii.
Sec. 2874. Clarification of other transaction authority for
installation or facility prototyping.
Sec. 2875. Requirement that Department of Defense include military
installation resilience in real property management and
installation master planning of Department.
Sec. 2876. Increase of limitation on fee for architectural and
engineering services procured by military departments.
Sec. 2877. Requirement that all material types be considered for
design-bid-build military construction projects.
Sec. 2878. Continuing education curriculum for members of the military
construction planning and design workforce and
acquisition workforce of the Department of Defense.
Sec. 2879. Guidance on Department of Defense-wide standards for access
to installations of the Department.
Sec. 2880. Deployment of existing construction materials.
Sec. 2881. Technical corrections.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B-- Program Authorizations, Restrictions, and Limitations
Sec. 3111. Limitation on use of funds for naval nuclear fuel systems
based on low-enriched uranium.
Sec. 3112. Prohibition on ARIES expansion before realization of 30 pit
per year base capability.
Sec. 3113. Plutonium Modernization Program management.
Sec. 3114. Pantex explosives manufacturing capability.
Sec. 3115. Limitation on establishing an enduring bioassurance program
within the National Nuclear Security Administration.
Sec. 3116. Extension of authority on acceptance of contributions for
acceleration or removal or security of fissile materials,
radiological materials, and related equipment at
vulnerable sites worldwide.
Sec. 3117. Modification of reporting requirements for program on
vulnerable sites.
Sec. 3118. Implementation of enhanced mission delivery initiative.
Sec. 3119. Limitation on use of funds until provision of spend plan for
W80-4 ALT weapon development.
Sec. 3120. Analyses of nuclear programs of foreign countries.
Sec. 3121. Enhancing National Nuclear Security Administration supply
chain reliability.
Sec. 3122. Transfer of cybersecurity responsibilities to Administrator
for Nuclear Security.
Sec. 3123. Redesignating duties related to departmental radiological
and nuclear incident responses.
Sec. 3124. Modification of authority to establish certain contracting,
program management, scientific, engineering, and
technical positions.
Sec. 3125. Technical amendments to the Atomic Energy Defense Act.
Sec. 3126. Amendment to period for briefing requirements.
Sec. 3127. Repeal of reporting requirements for Uranium Capabilities
Replacement Project.
Subtitle C--Budget and Financial Management Matters
Sec. 3131. Updated financial integration policy.
Subtitle D--Other Matters
Sec. 3141. Integration of technical expertise of Department of Energy
into policymaking.
Sec. 3142. Amendments to the Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3143. Prohibition on sales of petroleum products from the
Strategic Petroleum Reserve to certain countries.
[[Page S3908]]
Sec. 3144. U.S. nuclear fuel security initiative.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Maritime Administration.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. PROCUREMENT.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. OPERATION AND MAINTENANCE.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. MILITARY PERSONNEL.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. OTHER AUTHORIZATIONS.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. MILITARY CONSTRUCTION.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
Subtitle D--Air Force Programs
Sec. 5131. Inventory of C-130 aircraft.
Sec. 5132. Extension of prohibition on certain reductions to B-1 bomber
aircraft squadrons.
Sec. 5133. Prohibition on divestment of F-15E aircraft.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 5201. Application of public-private talent exchange programs in
the Department of Defense to quantum information sciences
and technology research.
Sec. 5202. Briefing on Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program.
Sec. 5203. Improvements to defense quantum information science and
technology research and development program.
Sec. 5204. Improvements to National Quantum Initiative Program.
Sec. 5205. Annual review of status of implementation plan for digital
engineering career tracks.
Sec. 5206. Rapid response to emergent technology advancements or
threats.
TITLE LIII--OPERATION AND MAINTENANCE
Subtitle A--Briefings and Reports
Sec. 5341. Report by Department of Defense on alternatives to burn
pits.
TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle C--Other Matters
Sec. 5631. Modifications to transitional compensation for dependents of
members separated for dependent abuse.
Sec. 5632. Report on effect of phase-out of reduction of survivor
benefit plan survivor annuities by amount of dependency
and indemnity compensation.
TITLE LVII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 5701. Expansion of eligibility for hearing aids to include
children of certain retired members of the uniformed
services.
Subtitle B--Health Care Administration
Sec. 5711. Modification of requirement to transfer research and
development and public health functions to Defense Health
Agency.
Subtitle C--Reports and Other Matters
Sec. 5721. Report on military mental health care referral policies.
Sec. 5722. Comptroller General study on biomedical research and
development funded by Department of Defense.
Sec. 5723. Report on provision of mental health services via telehealth
to members of the Armed Forces and their dependents.
Sec. 5724. Expansion of doula care furnished by Department of Defense.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle D--Small Business Matters
Sec. 5841. Competition of small business concerns for Department of
Defense contracts.
Subtitle E--Other Matters
Sec. 5851. Briefing on the redesignation of National Serial Number
(NSN) parts as proprietary.
TITLE LX--OTHER MATTERS
Subtitle D--Counterterrorism
Sec. 6031. Establishing a coordinator for countering Mexico's criminal
cartels.
Subtitle F--Studies and Reports
Sec. 6051. Report on food purchasing by the Department of Defense.
Subtitle G--Other Matters
Sec. 6071. Improvements to Department of Veterans Affairs-Department of
Defense Joint Executive Committee.
Sec. 6072. Grave markers at Santa Fe National Cemetery, New Mexico.
Sec. 6073. Modification of compensation for members of the Afghanistan
War Commission.
Sec. 6074. Red Hill health impacts.
Sec. 6075. Permanent authorization of Undetectable Firearms Act of
1988.
Sec. 6076. Sense of Congress on the importance of non-governmental
recognition of military enlistees to improve community
support for military recruitment.
Sec. 6077. Adjustment of threshold amount for minor medical facility
projects of Department of Veterans Affairs.
Sec. 6078. Designation of National Museum of the Mighty Eighth Air
Force.
Sec. 6079. Revision of requirement for transfer of certain aircraft to
State of California for wildfire suppression purposes.
Sec. 6080. Extension of active duty term for Attending Physician at
United States Capitol.
Sec. 6081. Disclosures by directors, officers, and principal
stockholders.
Sec. 6082. Preventing Child Sex Abuse.
Sec. 1504. Senate National Security Working Group.
Sec. 6084. Recognition as corporation and grant of Federal charter for
National American Indian Veterans, Incorporated.
Subtitle H--Granting Recognition to Accomplished Talented Employees for
Unwavering Loyalty Act
Sec. 6091. Short title.
Sec. 6092. Findings; sense of Congress.
Sec. 6093. Visa availability for Government Employee Immigrant Visa
program.
Subtitle I--Additional Matters Relating to Artificial Intelligence
Sec. 6096. Report on artificial intelligence regulation in financial
services industry.
Sec. 6097. Artificial intelligence bug bounty programs.
Sec. 6098. Vulnerability analysis study for artificial intelligence-
enabled military applications.
Sec. 6099. Report on data sharing and coordination.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle C--Matters Relating to Europe and the Russian Federation
Sec. 6231. Black Sea security and development strategy.
Subtitle D--Matters Relating to the Indo-Pacific Region
Sec. 6241. Sense of Congress on the renewal of the Compacts of Free
Association with the Republic of Palau, the Federated
States of Micronesia, and the Republic of the Marshall
Islands.
Sec. 6242. Eligibility of Taiwan for the strategic trade authorization
exception to certain export control licensing
requirements.
Sec. 6243. Audit to identify diversion of Department of Defense funding
to China's research labs.
Subtitle G--Other Matters
Sec. 6291. Sense of the Senate on digital trade and the digital
economy.
Sec. 6292. Assessment of certain United States-origin technology used
by foreign adversaries.
Sec. 6293. Virginia class submarine transfer certification.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle B--Nuclear Forces
Sec. 6511. Annual report on development of long-range stand-off weapon.
TITLE LXVIII--FEND OFF FENTANYL ACT
Sec. 6801. Short title.
Sec. 6802. Sense of Congress.
Sec. 6803. Definitions.
Subtitle A--Sanctions Matters
PART I--Sanctions in Response to National Emergency Relating to
Fentanyl Trafficking
Sec. 6811. Finding; policy.
Sec. 6812. Use of national emergency authorities; reporting.
Sec. 6813. Codification of Executive order imposing sanctions with
respect to foreign persons involved in global illicit
drug trade.
Sec. 6814. Imposition of sanctions with respect to fentanyl trafficking
by transnational criminal organizations.
Sec. 6815. Penalties; waivers; exceptions.
Sec. 6816. Treatment of forfeited property of transnational criminal
organizations.
PART II--Other Matters
Sec. 6821. Ten-year statute of limitations for violations of sanctions.
[[Page S3909]]
Sec. 6822. Classified report and briefing on staffing of Office of
Foreign Assets Control.
Sec. 6823. Report on drug transportation routes and use of vessels with
mislabeled cargo.
Sec. 6824. Report on actions of People's Republic of China with respect
to persons involved in fentanyl supply chain.
Subtitle B--Anti-Money Laundering Matters
Sec. 6831. Designation of illicit fentanyl transactions of sanctioned
persons as of primary money laundering concern.
Sec. 6832. Treatment of transnational criminal organizations in
suspicious transactions reports of the Financial Crimes
Enforcement Network.
Sec. 6833. Report on trade-based money laundering in trade with Mexico,
the People's Republic of China, and Burma.
Subtitle C--Exception Relating to Importation of Goods
Sec. 6841. Exception relating to importation of goods.
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle B--Military Housing
PART III--Other Housing Matters
Sec. 7851. Report on plan to replace houses at Fort Leonard Wood.
Subtitle D--Other Matters
Sec. 7881. Study on impact on members of the Armed Forces and
dependents of construction projects that affect quality
of life.
Sec. 7882. Modification of pilot program on establishment of account
for reimbursement for use of testing facilities at
installations of the Department of the Air Force.
TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle D--Other Matters
Sec. 8141. Accelerating Deployment of Versatile, Advanced Nuclear for
Clean Energy.
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 6101. Special hiring authority for passport services.
Sec. 6102. Quarterly report on passport wait times.
Sec. 6103. Passport travel advisories.
Sec. 6104. Strategy to ensure access to passport services for all
Americans.
Sec. 6105. Strengthening the National Passport Information Center.
Sec. 6106. Strengthening passport customer visibility and transparency.
Sec. 6107. Annual Office of Authentications report.
Sec. 6108. Increased accountability in assignment restrictions and
reviews.
Sec. 6109. Suitability reviews for Foreign Service Institute
instructors.
Sec. 6110. Diplomatic security fellowship programs.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program.
Sec. 6207. Consideration of career civil servants as chiefs of
missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Protection of retirement annuity for reemployment by
Department.
Sec. 6212. Efforts to improve retention and prevent retaliation.
Sec. 6213. National advertising campaign.
Sec. 6214. Expansion of diplomats in residence programs.
Subtitle B--Pay, Benefits, and Workforce Matters
Sec. 6221. Education allowance.
Sec. 6222. Per diem allowance for newly hired members of the Foreign
Service.
Sec. 6223. Improving mental health services for foreign and civil
servants.
Sec. 6224. Emergency back-up care.
Sec. 6225. Authority to provide services to non-chief of mission
personnel.
Sec. 6226. Exception for government-financed air transportation.
Sec. 6227. Enhanced authorities to protect locally employed staff
during emergencies.
Sec. 6228. Internet at hardship posts.
Sec. 6229. Competitive local compensation plan.
Sec. 6230. Supporting tandem couples in the Foreign Service.
Sec. 6231. Accessibility at diplomatic missions.
Sec. 6232. Report on breastfeeding accommodations overseas.
Sec. 6233. Determining the effectiveness of knowledge transfers between
Foreign Service Officers.
Sec. 6234. Education allowance for dependents of Department of State
employees located in United States territories.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer
Program.
Sec. 6303. Establishment of the Chief Artificial Intelligence Officer
of the Department of State.
Sec. 6304. Strengthening the Chief Information Officer of the
Department of State.
Sec. 6305. Sense of Congress on strengthening enterprise governance.
Sec. 6306. Digital connectivity and cybersecurity partnership.
Sec. 6307. Establishment of a cyberspace, digital connectivity, and
related technologies (CDT) fund.
Sec. 6308. Cyber protection support for personnel of the Department of
State in positions highly vulnerable to cyber attack.
TITLE LXIV--ORGANIZATION AND OPERATIONS
Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Overseas placement of special appointment positions.
Sec. 6408. Resources for United States nationals unlawfully or
wrongfully detained abroad.
TITLE LXV--ECONOMIC DIPLOMACY
Sec. 6501. Report on recruitment, retention, and promotion of Foreign
Service economic officers.
Sec. 6502. Mandate to revise Department of State metrics for successful
economic and commercial diplomacy.
Sec. 6503. Chief of mission economic responsibilities.
Sec. 6504. Direction to embassy deal teams.
Sec. 6505. Establishment of a ``Deal Team of the Year'' award.
TITLE LXVI--PUBLIC DIPLOMACY
Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio
Liberty.
Sec. 6603. International broadcasting.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Extension of Global Engagement Center.
Sec. 6607. Paperwork Reduction Act.
Sec. 6608. Modernization and enhancement strategy.
TITLE LXVII--OTHER MATTERS
Sec. 6701. Internships of United States nationals at international
organizations.
Sec. 6702. Training for international organizations.
Sec. 6703. Modification to transparency on international agreements and
non-binding instruments.
Sec. 6704. Report on partner forces utilizing United States security
assistance identified as using hunger as a weapon of war.
Sec. 6705. Infrastructure projects and investments by the United States
and People's Republic of China.
Sec. 6706. Special envoys.
Sec. 6707. US-ASEAN Center.
Sec. 6708. Briefings on the United States-European Union Trade and
Technology Council.
Sec. 6709. Modification and repeal of reports.
Sec. 6710. Modification of Build Act of 2018 to prioritize projects
that advance national security.
Sec. 6711. Permitting for international bridges.
TITLE LXVIII--AUKUS MATTERS
Sec. 6801. Definitions.
Subtitle A--Outlining the AUKUS Partnership
Sec. 6811. Statement of policy on the AUKUS partnership.
Sec. 6812. Senior Advisor for the AUKUS partnership at the Department
of State.
Subtitle B--Authorization for AUKUS Submarine Training
Sec. 6823. Australia, United Kingdom, and United States submarine
security training.
Subtitle C--Streamlining and Protecting Transfers of United States
Military Technology From Compromise
Sec. 6831. Priority for Australia and the United Kingdom in Foreign
Military Sales and Direct Commercial Sales.
Sec. 6832. Identification and pre-clearance of platforms, technologies,
and equipment for sale to Australia and the United
Kingdom through Foreign Military Sales and Direct
Commercial Sales.
[[Page S3910]]
Sec. 6833. Export control exemptions and standards.
Sec. 6834. Expedited review of export licenses for exports of advanced
technologies to Australia, the United Kingdom, and
Canada.
Sec. 6835. United States Munitions List.
Subtitle D--Other AUKUS Matters
Sec. 6841. Reporting related to the AUKUS partnership.
DIVISION G--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE
Sec. 9001. Short title.
Sec. 9002. Findings, declarations, and purposes.
Sec. 9003. Definitions.
Sec. 9004. Unidentified Anomalous Phenomena Records Collection at the
National Archives and Records Administration.
Sec. 9005. Review, identification, transmission to the National
Archives, and public disclosure of unidentified anomalous
phenomena records by Government offices.
Sec. 9006. Grounds for postponement of public disclosure of
unidentified anomalous phenomena records.
Sec. 9007. Establishment and powers of the Unidentified Anomalous
Phenomena Records Review Board.
Sec. 9008. Unidentified Anomalous Phenomena Records Review Board
personnel.
Sec. 9009. Review of records by the Unidentified Anomalous Phenomena
Records Review Board.
Sec. 9010. Disclosure of recovered technologies of unknown origin and
biological evidence of non-human intelligence.
Sec. 9011. Disclosure of other materials and additional study.
Sec. 9012. Rules of construction.
Sec. 9013. Termination of effect of division.
Sec. 9014. Authorization of appropriations.
Sec. 9015. Severability.
DIVISION H--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023
Sec. 10001. Short title.
Sec. 10002. Appointment and term of service of Architect of the
Capitol.
Sec. 10003. Appointment of Deputy Architect of the Capitol; vacancy in
Architect or Deputy Architect.
Sec. 10004. Deputy Architect of the Capitol to serve as acting in case
of absence, disability, or vacancy.
DIVISION I--FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS
Sec. 11001. Short title.
Sec. 11002. Enhanced protection against debt collector harassment of
servicemembers.
Sec. 11003. GAO study.
DIVISION J--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2023
Sec. 11001. Short title.
Sec. 11002. Consolidation of environmental review requirements.
Sec. 11003. Authorization of appropriations.
Sec. 11004. Student housing assistance.
Sec. 11005. Application of rent rule only to units owned or operated by
Indian tribe or tribally designated housing entity.
Sec. 11006. De minimis exemption for procurement of goods and services.
Sec. 11007. Homeownership or lease-to-own low-income requirement and
income targeting.
Sec. 11008. Lease requirements and tenant selection.
Sec. 11009. Indian Health Service.
Sec. 11010. Statutory authority to suspend grant funds in emergencies.
Sec. 11011. Reports to Congress.
Sec. 11012. 99-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 11013. Amendments for block grants for affordable housing
activities.
Sec. 11014. Reauthorization of Native Hawaiian homeownership
provisions.
Sec. 11015. Total development cost maximum project cost.
Sec. 11016. Community-based development organizations and special
activities by Indian Tribes.
Sec. 11017. Section 184 Indian Home Loan Guarantee program.
Sec. 11018. Loan guarantees for Native Hawaiian housing.
Sec. 11019. Drug elimination program.
Sec. 11020. Rental assistance for homeless or at-risk Indian veterans.
Sec. 11021. Continuum of care.
Sec. 11022. Leveraging.
DIVISION K--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT
OF 2023
Sec. 11001. Short title.
Sec. 11002. Purposes.
Sec. 11003. Definitions.
Sec. 11004. Ratification of Compact.
Sec. 11005. Tribal water rights.
Sec. 11006. Exchange and transfer of land.
Sec. 11007. Storage allocation from Lake Elwell.
Sec. 11008. Milk River Project mitigation.
Sec. 11009. Fort Belknap Indian Irrigation Project System.
Sec. 11010. Satisfaction of claims.
Sec. 11011. Waivers and releases of claims.
Sec. 11012. Aaniiih Nakoda Settlement Trust Fund.
Sec. 11013. Fort Belknap Indian Community Water Settlement
Implementation Fund.
Sec. 11014. Funding.
Sec. 11015. Miscellaneous provisions.
Sec. 11016. Antideficiency.
DIVISION L--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
TITLE LXIX--FEDERAL DATA AND INFORMATION SECURITY
Subtitle A--Federal Data Center Enhancement Act of 2023
Sec. 11001. Short title.
Sec. 11002. Federal Data Center Consolidation Initiative Amendments.
TITLE LXX--STEMMING THE FLOW OF ILLICIT NARCOTICS
Subtitle A--Enhancing DHS Drug Seizures Act
Sec. 11101. Short title.
Sec. 11102. Coordination and information sharing.
Sec. 11103. Danger pay for Department of Homeland Security personnel
deployed abroad.
Sec. 11104. Improving training to foreign-vetted law enforcement or
national security units.
Sec. 11105. Enhancing the operations of U.S. Customs and Border
Protection in foreign countries.
Sec. 11106. Drug seizure data improvement.
Sec. 11107. Drug performance measures.
Sec. 11108. Penalties for hindering immigration, border, and customs
controls.
Subtitle B--Non-Intrusive Inspection Expansion Act
Sec. 11111. Short title.
Sec. 11112. Use of non-intrusive inspection systems at land ports of
entry.
Sec. 11113. Non-intrusive inspection systems for outbound inspections.
Sec. 11114. GAO review and report.
Subtitle C--Securing America's Ports of Entry Act of 2023
Sec. 11121. Short title.
Sec. 11122. Additional U.S. Customs and Border Protection personnel.
Sec. 11123. Ports of entry infrastructure enhancement report.
Sec. 11124. Reporting requirements.
Sec. 11125. Authorization of appropriations.
Subtitle D--Border Patrol Enhancement Act
Sec. 11131. Short title.
Sec. 11132. Authorized staffing level for the United States Border
Patrol.
Sec. 11133. Establishment of higher rates of regularly scheduled
overtime pay for United States Border Patrol agents
classified at GS-12.
Sec. 11134. GAO assessment of recruiting efforts, hiring requirements,
and retention of law enforcement personnel.
Sec. 11135. Continuing training.
Sec. 11136. Reporting requirements.
Subtitle E--END FENTANYL Act
Sec. 11141. Short titles.
Sec. 11142. Ensuring timely updates to U.S. Customs and Border
Protection field manuals.
TITLE LXXI--IMPROVING LOBBYING DISCLOSURE REQUIREMENTS
Subtitle A--Lobbying Disclosure Improvement Act
Sec. 11201. Short title.
Sec. 11202. Registrant disclosure regarding foreign agent registration
exemption.
Subtitle B--Disclosing Foreign Influence in Lobbying Act
Sec. 11211. Short title.
Sec. 11212. Clarification of contents of registration.
TITLE LXXII--PROTECTING OUR DOMESTIC WORKFORCE AND SUPPLY CHAIN
Subtitle A--Government-wide Study Relating to High-security Leased
Space
Sec. 11301. Government-wide study.
Subtitle B--Intergovernmental Critical Minerals Task Force
Sec. 11311. Short title.
Sec. 11312. Findings.
Sec. 11313. Intergovernmental critical minerals task force.
Subtitle C--Customs Trade Partnership Against Terrorism Pilot Program
Act of 2023
Sec. 11321. Short title.
Sec. 11322. Definitions.
Sec. 11323. Pilot program on participation of third-party logistics
providers in ctpat.
Sec. 11324. Report on effectiveness of CTPAT.
Sec. 11325. No additional funds authorized.
Subtitle D--Military Spouse Employment Act
Sec. 11331. Short title.
Sec. 11332. Appointment of military spouses.
Sec. 11333. GAO study and report.
Subtitle E--Designation of Airports
Sec. 11341. Designation of additional port of entry for the importation
and exportation of wildlife and wildlife products by the
United States Fish and Wildlife Service.
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
[[Page S3911]]
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by
law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Plan to recruit, train, and retain personnel with experience
in financial intelligence and emerging technologies.
Sec. 302. Policy and performance framework for mobility of intelligence
community workforce.
Sec. 303. In-State tuition rates for active duty members of the
intelligence community.
Sec. 304. Standards, criteria, and guidance for counterintelligence
vulnerability assessments and surveys.
Sec. 305. Improving administration of certain post-employment
restrictions for intelligence community.
Sec. 306. Mission of the National Counterintelligence and Security
Center.
Sec. 307. Prohibition relating to transport of individuals detained at
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 308. Department of Energy science and technology risk assessments.
Sec. 309. Congressional oversight of intelligence community risk
assessments.
Sec. 310. Inspector General review of dissemination by Federal Bureau
of Investigation Richmond, Virginia, field office of
certain document.
Sec. 311. Office of Intelligence and Analysis.
Subtitle B--Central Intelligence Agency
Sec. 321. Change to penalties and increased availability of mental
health treatment for unlawful conduct on Central
Intelligence Agency installations.
Sec. 322. Modifications to procurement authorities of the Central
Intelligence Agency.
Sec. 323. Establishment of Central Intelligence Agency standard
workplace sexual misconduct complaint investigation
procedure.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
Sec. 401. Intelligence community coordinator for accountability of
atrocities of the People's Republic of China.
Sec. 402. Interagency working group and report on the malign efforts of
the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by
intelligence community working group for monitoring the
economic and technological capabilities of the People's
Republic of China.
Sec. 404. Assessments of reciprocity in the relationship between the
United States and the People's Republic of China.
Sec. 405. Annual briefing on intelligence community efforts to identify
and mitigate Chinese Communist Party and Russian foreign
malign influence operations against the United States.
Sec. 406. Assessment of threat posed to United States ports by cranes
manufactured by countries of concern.
Subtitle B--Other Foreign Countries
Sec. 411. Report on efforts to capture and detain United States
citizens as hostages.
Sec. 412. Sense of Congress on priority of fentanyl in National
Intelligence Priorities Framework.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
Sec. 501. Assignment of detailees from intelligence community to
Department of Commerce.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
Sec. 511. Expanded annual assessment of economic and technological
capabilities of the People's Republic of China.
Sec. 512. Assessment of using civil nuclear energy for intelligence
community capabilities.
Sec. 513. Policies established by Director of National Intelligence for
artificial intelligence capabilities.
TITLE VI--WHISTLEBLOWER MATTERS
Sec. 601. Submittal to Congress of complaints and information by
whistleblowers in the intelligence community.
Sec. 602. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure by employees
and contractors in intelligence community.
Sec. 603. Establishing process parity for adverse security clearance
and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and access
determinations.
Sec. 605. Modification and repeal of reporting requirements.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Classification and declassification of information.
Sec. 704. Transparency officers.
Subtitle B--Sensible Classification Act of 2023
Sec. 711. Short title.
Sec. 712. Definitions.
Sec. 713. Findings and sense of the Senate.
Sec. 714. Classification authority.
Sec. 715. Promoting efficient declassification review.
Sec. 716. Training to promote sensible classification.
Sec. 717. Improvements to Public Interest Declassification Board.
Sec. 718. Implementation of technology for classification and
declassification.
Sec. 719. Studies and recommendations on necessity of security
clearances.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
Sec. 801. Review of shared information technology services for
personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for
personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.
Sec. 804. Survey to assess strengths and weaknesses of Trusted
Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified
information solely because of past use of cannabis.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
Sec. 901. Improved funding flexibility for payments made by the Central
Intelligence Agency for qualifying injuries to the brain.
Sec. 902. Clarification of requirements to seek certain benefits
relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021
authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling
of anomalous health incidents.
TITLE X--ELECTION SECURITY
Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for
Elections through Independent Testing Act of 2023.
TITLE XI--OTHER MATTERS
Sec. 1101. Modification of reporting requirement for All-domain Anomaly
Resolution Office.
Sec. 1102. Funding limitations relating to unidentified anomalous
phenomena.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into four divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act
is as follows:
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2024 for procurement
[[Page S3912]]
for the Army, the Navy and the Marine Corps, the Air Force
and the Space Force, and Defense-wide activities, as
specified in the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. REPORT ON ARMY REQUIREMENTS AND ACQUISITION
STRATEGY FOR NIGHT VISION DEVICES.
(a) Report Required.--Not later than February 29, 2024, the
Secretary of the Army shall submit to the congressional
defense committees a report on night vision devices.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) An identification of the specific capabilities the Army
is seeking to achieve in night vision.
(2) An identification of the capabilities in night vision
required by unit, including the number and type of units for
each capability.
(3) An identification of the total requirement for night
vision devices in the Army, disaggregated by number and type
of unit.
(4) A description of the acquisition strategy of the Army
for achieving the capabilities described in paragraph (1),
including a description of each of the following:
(A) The acquisition objective for each type of night vision
device.
(B) The programmed purchase quantities for night vision
devices required each year.
(C) The contract type of each procurement of night vision
devices.
(D) The expected date for achieving the capabilities.
(E) The industrial base constraints on each type of night
vision device.
(F) The modernization plan for each type of night vision
device.
SEC. 112. ARMY PLAN FOR ENSURING SOURCES OF CANNON TUBES.
(a) Updated Assessment.--The Secretary of the Army shall
update the assessment of the Secretary on the sufficiency of
the development, production, procurement, and modernization
of the defense industrial base for cannon and large caliber
weapons tubes.
(b) Submittal to Congress.--Not later than February 29,
2024, the Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives an update to the report
submitted to Congress in March 2022 entitled ``Army Plan for
Ensuring Sources of Cannon Tubes''.
SEC. 113. STRATEGY FOR ARMY TACTICAL WHEELED VEHICLE PROGRAM.
(a) Strategy Required.--In the budget justification
materials submitted in support of the budget of the
Department of Defense (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) for fiscal year 2025 and every five years thereafter,
the Secretary of the Army shall include a report on the
strategy of the Army for tactical wheeled vehicles.
(b) Requirements for Strategy.--Each strategy required by
subsection (a) shall--
(1) align with the applicable national defense strategy
under section 113(g) of title 10, United States Code, and
applicable policies;
(2) be designed so that the force of tactical wheeled
vehicles provided under the strategy supports the national
security strategy of the United States as set forth in the
most recent national security strategy report of the
President under section 108 of the National Security Act of
1947 (50 U.S.C. 3043); and
(3) define capabilities and capacity requirements across
the entire fleet of tactical wheeled vehicles, including--
(A) light, medium, and heavy tactical wheeled vehicles; and
(B) associated trailer and support equipment.
(c) Strategy Elements.--Each strategy required by
subsection (a) shall include the following:
(1) A detailed program for the construction of light,
medium, and heavy tactical wheeled vehicles for the Army over
the next five fiscal years.
(2) A description of the necessary force structure and
capabilities of tactical wheeled vehicles to meet the
requirements of the national security strategy described in
subsection (b)(2).
(3) The estimated levels of annual funding, by vehicle
class, in both graphical and tabular form, necessary to carry
out the program described in paragraph (1), together with a
discussion of the procurement strategies on which such
estimated levels of annual funding are based.
(4) The estimated total cost of construction for each
vehicle class used to determine the estimated levels of
annual funding described in paragraph (3).
(d) Considerations.--In developing each strategy required
by subsection (a), the Secretary of the Army shall consider
the following objectives and factors:
(1) Objectives relating to protection, fleet operations,
mission command, mobility, and the industrial base.
(2) Technological advances that will increase efficiency of
and reduce demand for tactical wheeled vehicles.
(3) Technological advances that allow for the operation of
tactical wheeled vehicles in a variety of climate and
geographic conditions.
(4) Existing commercial technologies such as vehicle
electrification, autonomous capabilities, and predictive
maintenance, among others.
(5) The capabilities of autonomous equivalents to tactical
wheeled vehicles.
(e) Briefing Requirements.--Not later than 15 days after
each budget submission described in subsection (a), in
conjunction with the submission of each strategy required by
such subsection, the Secretary of the Army shall provide a
briefing to the congressional defense committees that
addresses the investment needed for each platform of tactical
wheeled vehicle across the future-years defense program.
SEC. 114. EXTENSION AND MODIFICATION OF ANNUAL UPDATES TO
MASTER PLANS AND INVESTMENT STRATEGIES FOR ARMY
AMMUNITION PLANTS.
Section 2834(d) of the Military Construction Authorization
Act for Fiscal Year 2022 (division B of Public Law 117-81;
135 Stat. 2201) is amended--
(1) in the matter preceding paragraph (1), by striking
``March 31, 2026'' and inserting ``March 31, 2030''; and
(2) by adding at the end the following new paragraph:
``(5) A description of any changes made to the master plan
based upon current global events, including pandemics and
armed conflicts.''.
SEC. 115. REPORT ON ACQUISITION STRATEGIES OF THE LOGISTICS
AUGMENTATION PROGRAM OF THE ARMY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army, in
conjunction with the Office of the Secretary of Defense and
in coordination with the geographic combatant commanders,
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report reviewing the proposed recompete of
the operational task orders of the geographic combatant
commands under the contract for the logistics augmentation
program of the Army that will expire in 2028 (commonly
referred to as ``LOGCAP V'').
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A business case analysis of the cost and operational
benefit of recompeting the task orders described in
subsection (a).
(2) Input from stakeholders, including Army Sustainment
Command, the geographic combatant commanders, and Army
service component commanders, on the desirability and
operational impacts of the proposed recompete described in
subsection (a).
(3) Detailed cost estimates and timelines, including
projected transition costs and timelines for the task orders
described in subsection (a).
(4) An assessment of the potential impacts related to
quality and timing of transitioning to the new logistics
augmentation program (commonly referred to as ``LOGCAP VI'').
(5) An analysis of recompeting the task orders described in
subsection (a) compared to transitioning to LOGCAP VI.
(6) An overview of potential innovations and efficiencies
derived from a competition for LOGCAP VI.
(7) An explanation of the benefit of recompeting the task
orders described in subsection (a) compared to an open
competition for LOGCAP VI.
(8) A breakdown of additional authorities needed to move
directly to LOGCAP VI.
Subtitle C--Navy Programs
SEC. 121. REDUCTION IN THE MINIMUM NUMBER OF NAVY CARRIER AIR
WINGS AND CARRIER AIR WING HEADQUARTERS
REQUIRED TO BE MAINTAINED.
Section 8062(e) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``until the earlier of''
and all that follows and inserting ``until the date on which
additional operationally deployable aircraft carriers can
fully support a 10th carrier air wing;''; and
(2) in paragraph (2), by striking ``the earlier of'' and
all that follows through ``and (B) of'' and inserting ``the
date referred to in''.
SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR NAVY PORT WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1665), as most recently amended by section 123(a)
of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263), is further amended by
striking ``through 2023'' and inserting ``through 2024''.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS
SUBMARINE PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to
section 3501 of title 10, United States Code, the Secretary
of the Navy may enter into one or more multiyear contracts
for the procurement of 10 Virginia class submarines.
(b) Authority for Advance Procurement and Economic Order
Quantity.--The Secretary of the Navy may enter into one or
more contracts, beginning in fiscal year 2024, for advance
procurement associated with the Virginia class submarines for
which authorization to enter into a multiyear procurement
contract is provided under subsection (a) and for equipment
or subsystems associated with the Virginia class submarine
program, including procurement of--
(1) long lead time material; or
(2) material or equipment in economic order quantities when
cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2025 is subject
to the availability of appropriations or funds for that
purpose for such later fiscal year.
[[Page S3913]]
(d) Limitation on Termination Liability.--A contract for
the construction of Virginia class submarines entered into
under subsection (a) shall include a clause that limits the
liability of the United States to the contractor for any
termination of the contract. The maximum liability of the
United States under the clause shall be the amount
appropriated for the submarines covered by the contract
regardless of the amount obligated under the contract.
SEC. 124. SENSE OF SENATE ON PROCUREMENT OF OUTSTANDING F/A-
18 SUPER HORNET PLATFORMS.
(a) Findings.--Congress finds that Congress appropriated
funds for twelve F/A-18 Super Hornet platforms in fiscal year
2022 and eight F/A-18 Super Hornet platforms in fiscal year
2023, but the Navy has yet to enter into any contracts for
the procurement of such platforms.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Secretary of the Navy and the contractor team
should expeditiously enter into contractual agreements to
procure the twenty F/A-18 Super Hornet platforms for which
funds have been appropriated; and
(2) the Senate urges the Secretary of the Navy and the
contractor team to comply with congressional intent and
applicable law with appropriate expediency to bolster the
Navy's fleet of strike fighter aircraft and avoid further
disruption to the defense industrial base.
Subtitle D--Air Force Programs
SEC. 131. LIMITATIONS AND MINIMUM INVENTORY REQUIREMENT
RELATING TO RQ-4 AIRCRAFT.
Section 9062 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(l)(1) During the period beginning on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2024 and ending on September 30, 2028, the
Secretary of the Air Force may not--
``(A) retire an RQ-4 aircraft;
``(B) reduce funding for unit personnel or weapon system
sustainment activities for RQ-4 aircraft in a manner that
presumes future congressional authority to divest such
aircraft;
``(C) keep an RQ-4 aircraft in a status considered excess
to the requirements of the possessing command and awaiting
disposition instructions (commonly referred to as `XJ'
status); or
``(D) decrease the total aircraft inventory of RQ-4
aircraft below 10 aircraft.
``(2) The prohibition under paragraph (1) shall not apply
to individual RQ-4 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer
mission capable and uneconomical to repair because of
aircraft accidents, mishaps, or excessive material
degradation and non-airworthiness status of certain
aircraft.''.
SEC. 132. LIMITATION ON DIVESTITURE OF T-1A TRAINING
AIRCRAFT.
No divestiture of any T-1A training aircraft may occur
until the Chief of Staff of the Air Force submits to the
congressional defense committees a certification of--
(1) the fleet-wide implementation of the Undergraduate
Pilot Training 2.5 curriculum and the effect of such
implementation on the undergraduate pilot training pipeline;
and
(2) how the divestiture would affect existing programs of
the Air Force that accelerate pilot training.
SEC. 133. MODIFICATION TO MINIMUM INVENTORY REQUIREMENT FOR
A-10 AIRCRAFT.
(a) Fiscal Year 2017 NDAA.--Section 134(d) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2038), as amended by section 141(b)(1) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263), is further amended by
striking ``153 A-10 aircraft'' and inserting ``135 A-10
aircraft''.
(b) Fiscal Year 2016 NDAA.--Section 142(b)(2) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 755), as amended by section
141(b)(2) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263),
is further amended by striking ``153 A-10 aircraft'' and
inserting ``135 A-10 aircraft''.
SEC. 134. MODIFICATION TO MINIMUM REQUIREMENT FOR TOTAL
PRIMARY MISSION AIRCRAFT INVENTORY OF AIR FORCE
FIGHTER AIRCRAFT.
Section 9062(i)(1) of title 10, United States Code, is
amended by striking ``1,145 fighter aircraft'' and inserting
``1,112 fighter aircraft''.
SEC. 135. MODIFICATION OF LIMITATION ON DIVESTMENT OF F-15
AIRCRAFT.
Section 150 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263;
136 Stat. 2456) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C)(ii), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) for each covered F-15 aircraft that the Secretary
plans to divest, a description of--
``(i) the upgrades and modifications done to the aircraft,
including the date of each modification and the value amount
of each modification in current year dollars; and
``(ii) the estimated remaining service life of--
``(I) the aircraft; and
``(II) the onboard systems of the aircraft.''; and
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Updates.--Not later than October 1 of each year
through October 1, 2028, the Secretary of the Air Force
shall--
``(1) update the report required under subsection (b); and
``(2) submit such update to the congressional defense
committees.''.
SEC. 136. REPORT ON AIR FORCE EXECUTIVE AIRCRAFT.
(a) In General.--Not later than January 1, 2025, the
Secretary of the Air Force shall submit to the congressional
defense committees a report that includes the following:
(1) An overview of the total missions flown by executive
aircraft of the Air Force during the five fiscal years
preceding the fiscal year in which the report is submitted,
disaggregated by fiscal year, including the mission types and
Government agencies supported.
(2) An identification of each mission flown by executive
aircraft of the Air Force during the five fiscal years
preceding the fiscal year in which the report is submitted,
disaggregated by fiscal year, including the mission type,
overall cost, average flight hour cost, and Government agency
supported, disaggregated by wing and by type of aircraft.
(3) The projected mission capacity for executive aircraft
of the Air Force for the five fiscal years following the
fiscal year in which the report is submitted, disaggregated
by fiscal year, factoring in any planned changes to aircraft
inventory.
(4) A description of any anomalous conditions that may have
impacted the availability, with respect to executive aircraft
of the Air Force, of a specific aircraft type or wing during
the five fiscal years preceding the fiscal year in which the
report is submitted, such as unavailability of a specific
aircraft type due to block upgrades or fleetwide maintenance
issues.
(5) A description of the impact of the capacity of
executive aircraft of the Air Force on the overall capacity
of the Department of Defense to meet demand for executive
aircraft.
(6) The total outlays of the Department of the Air Force
for missions flown by executive aircraft of the Air Force,
after factoring in reimbursements received from Government
agencies supported, during the five fiscal years preceding
the fiscal year in which the report is submitted,
disaggregated by fiscal year and by account.
(7) The projected budgets for the executive aircraft of the
Air Force through the future years defense program.
(8) A narrative description of how the Air Force plans and
budgets for missions flown by executive aircraft.
(9) Any other information the Secretary considers to be
important.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex for the purposes of describing classified missions
supported by the executive aircraft of the Air Force.
SEC. 137. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF
E-3 AIRBORNE WARNING AND CONTROL SYSTEM
AIRCRAFT.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act for fiscal year 2024 for the Air
Force may be obligated or expended to retire, prepare to
retire, or place in storage or in backup aircraft inventory
any E-3 aircraft if such actions would reduce the total
aircraft inventory for such aircraft below 16.
(b) Exception for Plan.--If the Secretary of the Air Force
submits to the congressional defense committees a plan for
maintaining readiness and ensuring there is no lapse in
mission capabilities, the prohibition under subsection (a)
shall not apply to actions taken to reduce the total aircraft
inventory for E-3 aircraft to below 16, beginning 30 days
after the date on which the plan is so submitted.
(c) Exception for E-7 Procurement.--If the Secretary of the
Air Force procures enough E-7 Wedgetail aircraft to
accomplish the required mission load, the prohibition under
subsection (a) shall not apply to actions taken to reduce the
total aircraft inventory for E-3 aircraft to below 16 after
the date on which such E-7 Wedgetail aircraft are delivered.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. PILOT PROGRAM TO ACCELERATE THE PROCUREMENT AND
FIELDING OF INNOVATIVE TECHNOLOGIES.
Section 834(b) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4061 note)
is amended by adding at the end the following new paragraph:
``(3) The Secretary of Defense may waive the priority
established pursuant to paragraph (1) for up to two
solicitations for proposals per fiscal year.''.
SEC. 142. REQUIREMENT TO DEVELOP AND IMPLEMENT POLICIES TO
ESTABLISH THE DATALINK STRATEGY OF THE
DEPARTMENT OF DEFENSE.
(a) Policies Required.--
(1) In general.--The Secretary of Defense shall develop and
implement policies to establish the unified datalink strategy
of the Department of Defense (in this section referred to as
the ``strategy'').
[[Page S3914]]
(2) Elements.--The policies required by paragraph (1) shall
include the following:
(A) The designation of an organization that will act as the
lead coordinator of datalink activities across the entire
Department of Defense.
(B) Prioritization and coordination across services of the
strategy within the requirements generation process of the
Department.
(C) The use of a common standardized datalink network or
transport protocol that ensures interoperability between
independently developed datalinks, regardless of physical
medium used, and ensures mesh routing. The Secretary of
Defense shall consider the use of a subset of Internet
Protocol.
(D) A programmatic decoupling of the physical method used
to transmit data, the network or transport protocols used in
the transmission and reception of data, and the applications
used to process and use data.
(E) The coordination of weapon systems executing the same
mission types across services of the strategy, including
through the use of a common set of datalink waveforms. The
Secretary shall evaluate the use of redundant datalinks for
line-of-sight and beyond-line-of-sight information exchange
for each weapon systems platform.
(F) Coordination between the Department and the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) to leverage
any efficiencies and overlap with existing datalink waveforms
of the intelligence community.
(G) Methods to support the rapid integration of common
datalinks across the force.
(H) Support for modularity of specific datalink waveforms
to enable rapid integration of future datalinks, including
the use of software defined radios compliant with modular
open system architecture and sensor open system architecture.
(b) Information to Congress.--Not later than June 1, 2024,
the Secretary of Defense shall provide to the congressional
defense committees the following:
(1) A briefing on the proposed policies required by
subsection (a)(1), with timelines for implementation.
(2) An estimated timeline of implementations of datalinks.
(3) A list of any additional resources and authorities
required to execute the strategy.
(4) A determination of whether a common set of datalinks
can and should be implemented across all major weapon systems
within the Department of Defense.
SEC. 143. REPORT ON CONTRACT FOR CYBERSECURITY CAPABILITIES
AND BRIEFING.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer of
the Department of Defense shall submit to the congressional
defense committees a report on the decision to exercise
options on an existing contract to use cybersecurity
capabilities to protect assets and networks across the
Department of Defense.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the potential effects on innovation
and competition among cybersecurity vendors of the decision
to exercise the cybersecurity options on the contract
described in paragraph (1).
(B) A description of the risks and benefits associated with
an integrated enterprise-wide cybersecurity solution from a
single vendor.
(C) A description of future plans of the Department of
Defense to recompete the acquisition of integrated and
interoperable cybersecurity tools and applications that would
allow multiple vendors to compete separately and as teams.
(D) A copy of the analysis conducted by the Director of
Cost Assessment and Program Evaluation of the Department of
the costs and effectiveness of the cybersecurity capabilities
covered by the contract described in paragraph (1).
(E) A copy of the analysis conducted by the Director of
Operational Test and Evaluation of the Department of the
effectiveness of the cybersecurity capabilities covered by
the contract described in paragraph (1) compared to other
commercially available products and vendors.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Chief Information Officer of the
Department of Defense shall brief the congressional defense
committees on the plans of the Department to ensure
competition and interoperability in the security and identity
and access management product market segments.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2024 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. UPDATED GUIDANCE ON PLANNING FOR EXPORTABILITY
FEATURES FOR FUTURE PROGRAMS.
(a) Program Guidance on Planning for Exportability
Features.--The Under Secretary of Defense for Acquisition and
Sustainment shall ensure that program guidance is updated to
integrate planning for exportability features called for by
section 4067 of title 10, United States Code, for the
following activities:
(1) Major defense acquisition programs (MDAPs) (as defined
in section 4201 of title 10, United States Code), which shall
include in the initial cost estimates for the programs a
requirement to capture potential exportability needs.
(2) Middle tier acquisition (MTA) programs described in
section 804(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 3201 note
prec.), which shall include an assessment of potential
exportability needs prior to transition from rapid fielding
or prototyping.
(b) Revision of Guidance for Program Protection Plans.--The
Under Secretary shall revise guidance for program protection
plans to integrate a requirement to determine exportability
for the programs covered by such plans.
SEC. 212. SUPPORT TO THE DEFENCE INNOVATION ACCELERATOR FOR
THE NORTH ATLANTIC.
(a) Authority.--To the extent and in such amounts as
provided in appropriations Acts for the purposes set forth in
this section, the Secretary of Defense may, acting through
the Under Secretary of Defense for Research and Engineering,
provide funds of not more than $15,000,000 per year to
sustain the participation of the United States in the North
Atlantic Treaty Organization (NATO) Defence Innovation
Accelerator for the North Atlantic (DIANA) Initiative (in
this section the ``Initiative'').
(b) Notification.--
(1) In general.--Not later than 15 days after the date on
which the Secretary makes a decision to provide funds
pursuant to subsection (a), the Under Secretary shall submit
to the congressional defense committees a written
notification of such decision.
(2) Contents.--Notification submitted pursuant to paragraph
(1) shall include the following:
(A) A detailed breakout of the funding provided.
(B) The intended purposes of such funds.
(C) The timeframe covered by such funds.
(c) Strategy.--
(1) In general.--Not later than July 1, 2024, the Under
Secretary shall submit to the congressional defense
committees a strategy for participation by the United States
in the Initiative.
(2) Contents.--The strategy submitted pursuant to paragraph
(1) shall include the following:
(A) A description for how the Initiative fits into the
innovation ecosystem for the North Atlantic Treaty
Organization, as well as how it is synchronized with and will
interact with other science, technology, and innovation
activities within the Department of Defense.
(B) Anticipated funding profile across the future years
defense program (FYDP).
(C) Identification of key technology focus areas to be
addressed each year across the future years defense program.
(D) Anticipated areas for expansion for key nodes or
locations for the Initiative, including how the Initiative
will contribute to fostering the spread of innovation
throughout the United States.
(d) Annual Report.--Not later than February 1, 2024, and
February 1 of each year thereafter through 2026, the
Secretary shall submit to the congressional defense
committees an annual report for Department supported
activities of the Initiative, including the breakdown of
funding provided for the previous fiscal year, and key
milestones or achievements during that timeframe.
(e) Sunset.--The authority provided by subsection (a) shall
terminate on September 30, 2026.
SEC. 213. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO
ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092(b) of title 10, United States code is
amended--
(1) in paragraph (1)(B), by striking ``of which not more
than 5 such positions may be positions of administration or
management of the Agency''; and
(2) in paragraph (4), by inserting ``, including, upon
separation, pay the travel, transportation, and relocation
expenses to return to the location of origin, at the time of
the initial appointment, within the United States'' before
the period at the end.
SEC. 214. ADMINISTRATION OF THE ADVANCED SENSORS APPLICATION
PROGRAM.
Section 218 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Commander of Naval
Air Systems Command and the Director of Air Warfare shall
jointly serve'' and inserting ``The Under Secretary of
Defense for Intelligence and Security, acting through the
Director of the Air Force Office of Concepts, Development,
and Management Office, shall serve''; and
(B) in paragraph (2), by striking ``The resource sponsors
of the Program shall be responsible'' and inserting ``The
resource sponsor, in consultation with the Commander of Naval
Air Systems Command, shall be responsible'';
(2) in subsection (b), by striking ``Only the Secretary of
the Navy, the Under Secretary of the Navy, and the Commander
of Naval Air Systems Command may'' and inserting ``Only the
Under Secretary of Defense for Intelligence and Security and
the Director of the Air Force Concepts, Development, and
Management Office, in consultation with the Commander of
Naval Air Systems Command, may''; and
[[Page S3915]]
(3) in subsection (d)(3), by striking ``exercised by the
Commander of Naval Air Systems Command, the Secretary of the
Navy, or the Under Secretary of the Navy'' and inserting
``exercised by the Under Secretary of Defense for
Intelligence and Security and the Director of the Air Force
Concepts, Development, and Management Office''.
SEC. 215. DELEGATION OF RESPONSIBILITY FOR CERTAIN RESEARCH
PROGRAMS.
Section 980(b) of title 10, United Stated Code, is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding to the end the following new paragraph:
``(2) The Secretary may delegate the authority provided by
paragraph (1) to the Under Secretary of Defense for Research
and Engineering.''.
SEC. 216. PROGRAM OF STANDARDS AND REQUIREMENTS FOR
MICROELECTRONICS.
(a) Program Required.--The Secretary of Defense shall
establish, not later than 180 days after the date of the
enactment of this Act, a program within the National Security
Agency to develop and continuously update, as the Secretary
determines necessary, standards, commercial best practices,
and requirements for the design, manufacture, packaging,
test, and distribution of microelectronics acquired by the
Department of Defense to provide acceptable levels of
confidentiality, integrity, and availability for Department
commercial-off-the-shelf (COTS) microelectronics, field
programmable gate arrays (FPGAs), and custom integrated
circuits (CICs).
(b) Advice and Assessment.--The Secretary shall ensure that
the program established pursuant to subsection (a) is advised
and assessed by the Government-Industry-Academia Working
Group on Microelectronics established under section 220 of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263).
(c) Requirements.--The program established by subsection
(a) shall develop--
(1) evidence-based assurance processes and techniques that
sustain, build on, automate, and scale up the results and
accomplishments of the Rapid Assured Microelectronics
Prototypes (RAMP), RAMP-Commercial (RAMP-C), and State-of-
the-Art Heterogeneous Integrated Packaging (SHIP) programs to
enhance the confidentiality, integrity, and availability of
microelectronics while minimizing costs and impacts to
commercial manufacturing practices;
(2) validation methods for such processes and techniques,
in coordination with the developmental and operational test
and evaluation community, as the Secretary determines
necessary;
(3) threat models that comprehensively characterize the
threat to microelectronics confidentiality, integrity, and
availability across the entire supply chain, and the design,
production, packaging, and deployment cycle to support risk
management and risk mitigation, based on the principle of
reducing risk to as low a level as reasonably practicable,
including--
(A) comparative risk assessments; and
(B) balanced and practical investments in assurance based
on risks and returns;
(4) levels of assurance and associated requirements for the
production and acquisition of commercial-off-the-shelf
integrated circuits, integrated circuits subject to
International Traffic in Arms Regulations (ITAR) under
subchapter M of chapter I of title 22, Code of Federal
Regulations, or successor regulations, and classified
integrated circuits using commercial foundry manufacturing
process flows;
(5) guides for Federal Government program evaluators,
program offices, and industry to meet microelectronics
assurance requirements; and
(6) guidance for the creation of a government
organizational structure and plan to support the acquisition
of fit-for-purpose microelectronics, including the role of
the Defense Microelectronics Activity, the Crane Division of
the Naval Surface Warfare Center, and the Joint Federated
Assurance Center.
(d) Microelectronics Assurance Standard.--The program
established pursuant to subsection (a) shall establish a
Department microelectronics assurance standard that includes
an overarching assurance framework as well as the guides
developed under subsection (c)(5), for commercial-off-the-
shelf integrated circuits, integrated circuits subject to the
International Traffic in Arms Regulations under subchapter M
of chapter I of title 22, Code of Federal Regulations, or
successor regulations, and classified microelectronics
developed under subsection (c)(4).
(e) Microelectronics Assurance Executive Agent.--The
Secretary shall designate one individual from a military
department as the Microelectronics Assurance Executive Agent
to assist Federal Government program offices in acquiring
fit-for-purpose microelectronics.
(f) Management of RAMP and SHIP Programs.--Effective on the
date of the establishment of the program required by
subsection (a), such program shall assume management of the
Rapid Assured Microelectronics Prototypes, Rapid Assured
Microelectronics Prototypes-Commercial (RAMP-C), and State-
of-the-Art Heterogeneous Integrated Packaging programs that
were in effect on the day before the date of the enactment of
this Act and executed by the Under Secretary of Defense for
Research and Engineering.
(g) Oversight.--The Under Secretary of Defense for Research
and Engineering shall provide oversight of the planning and
execution of the program required by subsection (a).
(h) Requirements for Contracting for Application-specific
Integrated Circuits.--The Secretary shall ensure that, for
contracts for application-specific integrated circuits
designed by defense industrial base contractors--
(1) the use of evidence-based assurance processes and
techniques are included in the contract data requirements
list;
(2) commercial best industry practices for confidentiality,
integrity, and availability are used;
(3) a library of certified third-party intellectual
property is established for reuse, including reuse of
transistor layouts, cells, and macrocells;
(4) legal mechanisms are in place for data collection and
sharing; and
(5) automation technology is adopted to achieve efficiency.
SEC. 217. CLARIFYING ROLE OF PARTNERSHIP INTERMEDIARIES TO
PROMOTE DEFENSE RESEARCH AND EDUCATION.
Section 4124(f)(2) of title 10, United States Code, is
amended--
(1) by striking ``that assists'' and inserting the
following: ``that--
``(A) assists'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(B) facilitates technology transfer from industry or
academic institutions to the Center; or
``(C) assists and facilitates workforce development in
critical technology areas and technology transition to
fulfill unmet needs of a Center.''.
SEC. 218. COMPETITION FOR TECHNOLOGY THAT DETECTS AND
WATERMARKS THE USE OF GENERATIVE ARTIFICIAL
INTELLIGENCE.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish
and carry out a prize competition under section 4025 of title
10, United States Code, to evaluate technology, including
applications, tools, and models, for the detection and
watermarking of generative artificial intelligence (AI)--
(A) to facilitate the research, development, testing,
evaluation, and competition of secure generative artificial
intelligence detection and watermark technologies that can
support each Secretary of a military department and the
commanders of combatant commands to support warfighting
requirements; and
(B) to transition such technologies, including technologies
developed from pilot programs, prototype projects, or other
research and development programs, from the prototyping phase
to production.
(2) Participation.--The participants in the competition
carried out pursuant to paragraph (1) may include Federally-
funded research and development centers (FFRDCs), the private
sector, the defense industrial base, academia, government
agencies, and such other participants as the Secretary
considers appropriate.
(3) Commencement.--The competition will begin within 270
days of passage of this Act.
(4) Designation.--The competition established and carried
out pursuant to paragraph (1) shall be known as the
``Generative AI Detection and Watermark Competition''.
(b) Administration.--The Under Secretary of Defense for
Research and Engineering shall administer the competition
required by subsection (a).
(c) Framework.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall provide the
congressional defense committees a briefing on the framework
the Secretary will use to carry out the competition required
by subsection (a).
(d) Annual Reports.--Not later than October 1 of each year
until the termination of the competition established and
carried out under subsection (a), the Secretary shall submit
to the congressional defense committees a report on the
results of the competition.
(e) Definitions.--In this section:
(1) The term ``detection'' means a technology that can
positively identify the presence of generative artificial
intelligence in digital content.
(2) The term ``watermarking'' means embedding a piece of
data onto detected artificial intelligence generated digital
content, conveying attribution to the source generation.
(f) Termination.--The competition established and carried
out pursuant to subsection (a) shall terminate on December
31, 2025.
Subtitle C--Plans, Reports, and Other Matters
SEC. 221. DEPARTMENT OF DEFENSE PRIZE COMPETITIONS FOR
BUSINESS SYSTEMS MODERNIZATION.
(a) In General.--Not later than September 30, 2028, the
Secretary of Defense and the Secretaries of the military
departments shall complete one or more prize competitions
under section 4025 of title 10, United States Code, in order
to support the business systems modernization goals of the
Department of Defense.
(b) Scope.--
(1) In general.--Each prize competition carried out under
subsection (a) shall be structured to complement, and to the
degree
[[Page S3916]]
practicable, accelerate delivery or expand functionality of
business systems capabilities being pursued by the affected
Secretary, either currently in operation, in development, or
for broad classes of systems covered by the business
enterprise architecture required by section 2222(e) of title
10, United States Code.
(2) Areas for consideration.--In carrying out subsection
(a), the Secretary of Defense and the Secretaries of the
military departments shall each consider the following:
(A) Integration of artificial intelligence or machine
learning capabilities.
(B) Data analytics or business intelligence, or related
visualization capability.
(C) Automated updating of business architectures, business
systems integration, or documentation related to existing
systems or manuals.
(D) Improvements to interfaces or processes for interacting
with other non-Department of Defense business systems.
(E) Updates or replacements for legacy business systems to
improve operational effectiveness and efficiency, such as the
Mechanization of Contract Administration Services (MOCAS).
(F) Contract writing systems or expanded capability that
could be integrated into existing systems.
(G) Pay and personnel systems, or expanded capability, that
could be integrated into existing systems.
(H) Other finance and accounting systems, or expanded
capability, that could be integrated into existing systems.
(I) Systems supporting industrial base and supply chain
visibility, analytics, and management.
SEC. 222. UPDATE TO PLANS AND STRATEGIES FOR ARTIFICIAL
INTELLIGENCE.
(a) In General.--The Secretary of Defense shall, in
consultation with the Deputy Secretary of Defense--
(1) establish and document procedures, including timelines,
for the periodic review of the 2018 Department of Defense
Artificial Intelligence Strategy, or any successor strategy,
and associated annexes of the military departments to assess
the implementation of the strategy and whether any revision
is necessary;
(2) issue Department of Defense-wide guidance that defines
outcomes of near-term and long-term strategies and plans
relating to--
(A) the adoption of artificial intelligence;
(B) adoption and enforcement of policies on the ethical use
of artificial intelligence systems; and
(C) the identification and mitigation of bias in artificial
intelligence algorithms;
(3) issue Department-wide guidance regarding--
(A) methods to monitor accountability for artificial
intelligence-related activity, including artificial
intelligence performance indicators and metrics;
(B) means to enforce and update ethics policy and
guidelines across all adopted artificial intelligence
systems; and
(C) means to identify, monitor, and mitigate bias in
artificial intelligence algorithms;
(4) develop a strategic plan for the development, use, and
cybersecurity of generative artificial intelligence,
including a policy for use of, and defense against
adversarial use of, generative artificial intelligence;
(5) assess technical workforce needs across the future
years defense plan to support the continued development of
artificial intelligence capabilities, including recruitment
and retention policies and programs;
(6) assess the availability and adequacy of the basic
artificial intelligence training and education curricula
available to the broader Department civilian workforce and
military personnel to promote artificial intelligence
literacy to the nontechnical workforce and senior leadership
with responsibilities adjacent to artificial intelligence
technical development;
(7) develop and issue a timeline and guidance for the Chief
Digital and Artificial Intelligence Officer of the Department
and the Secretaries of the military departments to establish
a common terminology for artificial intelligence-related
activities;
(8) develop and implement a plan to protect and secure the
integrity, availability, and privacy of artificial
intelligence systems and models, including large language
models, data libraries, data repositories, and algorithms, in
training, development, and production environments;
(9) develop and implement a plan--
(A) to identify commercially available and relevant large
language models; and
(B) to make those available, as appropriate, on classified
networks;
(10) develop a plan to defend the people, organizations,
and systems of the Department against adversarial artificial
intelligence, including identification of organizations
within the Department that could provide red teams
capabilities for operational and developmental needs;
(11) develop and implement a policy for use by contracting
officials to protect the intellectual property of commercial
entities that provide their artificial intelligence
algorithms to a Department repository established pursuant to
section 232 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4001 note),
including policy for how to address data rights in situations
in which government and commercial intellectual property may
be mixed when such artificial intelligence algorithms are
deployed in an operational environment;
(12) issue guidance and directives for how the Chief
Digital and Artificial Intelligence Officer of the Department
will exercise authority to access, control, and maintain, on
behalf of the Secretary, data collected, acquired, accessed,
or utilized by Department components consistent with section
1513 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 4001
note); and
(13) clarify guidance on the instances for and role of
human intervention and oversight in the exercise of
artificial intelligence algorithms for use in the generation
of offensive or lethal courses of action for tactical
operations.
(b) Due Date for Procedures, Guidance, Plans, Assessment,
and Timelines.--
(1) Due date.--The Secretary shall develop the procedures,
guidance, plans, assessment, and timelines required under
subsection (a) not later than 120 days after the date of
enactment of this Act.
(2) Briefing.--Not later than 150 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the
procedures, guidance, plans, assessment, and timelines
established, issued, carried out, or developed under
subsection (a).
SEC. 223. WESTERN REGIONAL RANGE COMPLEX DEMONSTRATION.
(a) Demonstration Required.--The Secretary shall carry out
a demonstration of a joint multi-domain nonkinetic testing
and training environment across military departments by
interconnecting existing ranges and training sites in the
western States to improve joint multi-domain nonkinetic
training and further testing, research, and development.
(b) Use of Existing Ranges and Capabilities.--The
demonstration carried out pursuant to subsection (a) shall
use existing ranges and range capability, unless capability
gaps are identified in the process of planning specific
demonstration activities.
(c) Activities.--The demonstration carried out pursuant to
subsection (a) shall include the following:
(1) Electromagnetic spectrum operations.
(2) Electromagnetic warfare.
(3) Operations in the information environment.
(4) Joint All Domain Command and Control (JADC2).
(5) Information warfare, including the following:
(A) Intelligence, surveillance, and reconnaissance.
(B) Offensive and defense cyber operations.
(C) Electromagnetic warfare.
(D) Space operations.
(E) Psychological operations.
(F) Public affairs.
(G) Weather operations.
(d) Timeline for Completion of Initial Demonstration.--In
carrying out subsection (a), the Secretary shall seek to
complete an initial demonstration, interconnecting two or
more ranges or testing sites of two or more military
departments in the western States, subject to availability of
appropriations, not later than one year after the date of the
enactment of this Act.
(e) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall provide the
congressional defense committees a briefing on--
(1) a phased implementation plan and design to connect
ranges and testing sites in the western States, including the
initial demonstration required by subsection (d);
(2) how the design architecture of the plan is in alignment
with recommendations of the 2020 Department of Defense
Electromagnetic Spectrum Superiority Strategy; and
(3) how the design architecture will support high-
periodicity training, testing, research, and development.
(f) Definition.--In this section:
(1) Information environment.--The term ``information
environment'' means the aggregate of individuals,
organizations, and systems that collect, process, and
disseminate, or act on information.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(g) Termination.--This section shall terminate on September
30, 2028.
SEC. 224. REPORT ON FEASIBILITY AND ADVISABILITY OF
ESTABLISHING A QUANTUM COMPUTING INNOVATION
CENTER.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Under Secretary of Defense for Research
and Engineering and the Chief Digital and Artificial
Intelligence Officer, submit to the congressional defense
committees a report on the feasibility and advisability of
establishing a quantum computing innovation center within the
Department of Defense--
(1) to identify and pursue the development of quantum
computing applications to enhance military operations;
(2) to harness the talent and skills of physicists and
scientists within the Department to develop quantum computing
applications; and
(3) to coordinate and synchronize quantum computing
research across the Department.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment of the ongoing activities of the
Department that are part of the National Quantum Initiative.
(2) An evaluation of the plans of the Department to develop
quantum computing, sensing, and networking applications.
[[Page S3917]]
(3) The level of funding and resources invested by the
Department to enable quantum military applications.
(4) Any established metrics or performance indicators to
track the progress of quantum technology developments.
(5) The extent to which the Department is partnering with
commercial entities engaging in quantum research and
development.
(6) An evaluation of any plans establishing how commercial
advances in quantum technology can be leveraged for military
operations.
(7) An assessment of the maturity of United States
competitor efforts to develop quantum applications for
adversarial use.
(8) An assessment of any processes to harmonize or
coordinate activities across the Department to develop
quantum computing applications.
(9) An evaluation of any Department-issued policy guidance
regarding quantum computing applications.
(10) An evaluation of any Department plans to defend
against adversarial use of quantum computing applications.
SEC. 225. BRIEFING ON THE IMPEDIMENTS TO THE TRANSITION OF
THE SEMANTIC FORENSICS PROGRAM TO OPERATIONAL
USE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall, in consultation with the
Office of General Counsel of the Department of Defense and
the Director of the Defense Advanced Research Projects
Agency, provide to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing on the impediments to the
transition of the Semantic Forensics program to operational
use.
(b) Elements.--The briefing provided pursuant to subsection
(a) shall include the following:
(1) Identification of policy and legal challenges
associated with the transition described in subsection (a)
and implementation of the Semantic Forensics program,
including with respect to the use and operational testing of
publicly available information.
(2) Identification of other Federal agencies with legal
authorities that may be able to resolve the challenges
identified pursuant to paragraph (1).
(3) Recommendations for legislative or administrative
action to mitigate the challenges identified pursuant to
paragraph (1).
SEC. 226. ANNUAL REPORT ON DEPARTMENT OF DEFENSE HYPERSONIC
CAPABILITY FUNDING AND INVESTMENT.
(a) In General.--Not later than March 1 of fiscal year 2024
and March 1 of each of fiscal year thereafter through 2030,
the Secretary of Defense shall submit to the congressional
defense committees an annual report on funding and
investments of the Department of Defense relating to
hypersonic capabilities, including with respect to
procurement, research, development, operations, and
maintenance of offensive and defensive hypersonic weapons.
(b) Requirements.--Each report submitted pursuant to
subsection (a) shall--
(1) include cost data on the vehicles, testing, hypersonic
sensors, command and control architectures, infrastructure,
testing infrastructure, software, workforce, training,
ranges, integration costs, and such other items as the
Secretary considers appropriate;
(2) disaggregate information reported by offensive and
defensive hypersonic capabilities;
(3) for research relating to hypersonic capabilities,
include the program element and the name of the entity that
is conducting the research, a description of the purpose of
the research, and any Uniform Resource Locators to weapon
programs associated with the research; and
(4) to the degree applicable, include all associated
hypersonic program elements and line items.
(c) Form.--Each report submitted pursuant to subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 227. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL FOR
OFFICE OF UNDER SECRETARY OF DEFENSE FOR
PERSONNEL AND READINESS PENDING A PLAN FOR
MODERNIZING DEFENSE TRAVEL SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act for fiscal year 2024 for travel for the office of
the Under Secretary of Defense for Personnel and Readiness,
not more than 85 percent may be obligated or expended until
the Secretary of Defense submits to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives supporting justification
material underpinning the decision to cease current
modernization efforts for the Defense Travel System (DTS),
and a plan going forward for modernizing or replacing such
system
(b) Contents.--The justification material and plan
described in subsection (a) shall include the following:
(1) The documentation from the Milestone Decision Authority
(MDA) justifying cancellation of the current modernization
contract, including--
(A) specific metrics used to make that determination;
(B) a timeline for decisions leading to the final
cancellation;
(C) notification from the military departments when they
were unable to make the desired usage rates using the current
modernization prototype;
(D) identification of system requirements for audit
readiness, as well as interface needs for other enterprise
resource planning systems, in the current modernization
contract; and
(E) alternatives considered prior to cancellation.
(2) An assessment by the Cost Assessment of Program
Evaluation office comparing--
(A) costs of continuing with the current modernization
prototype across the future years defense plan (FYDP); and
(B) costs of sustainment of the Defense Travel System
across the future years defense plan, factoring potential
costs of restarting modernization efforts.
(3) A description from the Milestone Decision Authority on
what the current plan is for modernizing the Defense Travel
System, including timelines and potential costs.
SEC. 228. ANNUAL REPORT ON UNFUNDED PRIORITIES FOR RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION ACTIVITIES.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 222d the following new
section:
``Sec. 222e. Unfunded priorities for research, development,
test, and evaluation activities
``(a) Annual Report.--Not later than 10 days after the date
on which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105 of title 31,
the Secretary of Defense shall submit to the congressional
defense committees a report on the unfunded priorities of the
Department of Defense-wide research, development, test, and
evaluation activities.
``(b) Contents.--
``(1) In general.--Except as provided in subsection (c),
each report submitted under subsection (a) shall specify, for
each unfunded priority covered by such report, the following:
``(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether
in whole or in part).
``(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such priority,
including the following (as applicable):
``(i) Line Item Number (LIN) for applicable procurement
accounts.
``(ii) Program Element (PE) number for applicable research,
development, test, and evaluation accounts.
``(2) Prioritization of priorities.--The report under
subsection (a) shall present the unfunded priorities covered
by such report in order of urgency of priority.
``(c) Exclusion of Priorities Covered in Other Reports.--
The report submitted under subsection (a) shall not include
unfunded priorities or requirements covered in reports
submitted under--
``(1) section 222a or 222b; or
``(2) section 2806 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 222a
note).
``(d) Form.--Each report submitted pursuant to subsection
(a) shall be submitted in classified format, but the
Secretary may also submit an unclassified version as the
Secretary considers appropriate.
``(e) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a
program, activity, or mission requirement, that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31; and
``(2) would have been recommended for funding through that
budget if--
``(A) additional resources had been available for the
budget to fund the program, activity, or mission requirement;
or
``(B) the program, activity, or mission requirement has
emerged since the budget was formulated.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by inserting
after the item relating to section 222d the following new
item:
``222e. Annual report on unfunded priorities for research, development,
test, and evaluation activities.''.
SEC. 229. ESTABLISHMENT OF TECHNOLOGY TRANSITION PROGRAM FOR
STRATEGIC NUCLEAR DETERRENCE.
(a) In General.--The Commander of Air Force Global Strike
Command may, through the use of a partnership intermediary,
establish a program--
(1) to carry out technology transition, digital engineering
projects, and other innovation activities supporting the Air
Force nuclear enterprise; and
(2) to discover capabilities that have the potential to
generate life-cycle cost savings and provide data-driven
approaches to resource allocation.
(b) Termination.--The program established under subsection
(a) shall terminate on September 30, 2029.
(c) Partnership Intermediary Defined.--The term
``partnership intermediary'' has the meaning given the term
in section 23(c) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3715(c)).
SEC. 230. REVIEW OF ARTIFICIAL INTELLIGENCE INVESTMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
[[Page S3918]]
(1) review the current investment into applications of
artificial intelligence to the platforms, processes, and
operations of the Department of Defense; and
(2) categorize the types of artificial intelligence
investments by categories including but not limited to the
following:
(A) Automation.
(B) Machine learning.
(C) Autonomy.
(D) Robotics.
(E) Deep learning and neural network.
(F) Natural language processing.
(b) Report to Congress.--Not later than 120 days after the
completion of the review and categorization required by
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report on--
(1) the findings of the Secretary with respect to the
review and any action taken or proposed to be taken by the
Secretary to address such findings; and
(2) an evaluation of how the findings of the Secretary
align with stated strategies of the Department of Defense
with regard to artificial intelligence and performance
objectives established in the Department of Defense Data,
Analytics, and Artificial Intelligence Adoption Strategy.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2024 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. REQUIREMENT FOR APPROVAL BY UNDER SECRETARY OF
DEFENSE FOR ACQUISITION AND SUSTAINMENT OF ANY
WAIVER FOR A SYSTEM THAT DOES NOT MEET FUEL
EFFICIENCY KEY PERFORMANCE PARAMETER.
Section 332(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
10 U.S.C. 2911 note) is amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(1) In general.--The Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Waiver of fuel efficiency key performance
parameter.--
``(A) In general.--The fuel efficiency key performance
parameter implemented under paragraph (1) may be waived for a
system only if such waiver is approved by the Under Secretary
of Defense for Acquisition and Sustainment.
``(B) Nondelegation.--The waiver authority under
subparagraph (A) may not be delegated.''.
SEC. 312. IMPROVEMENT AND CODIFICATION OF SENTINEL LANDSCAPES
PARTNERSHIP PROGRAM AUTHORITY.
(a) Codification of Existing Statute.--Section 317 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 2684a note) is amended--
(1) by transferring such section to appear after section
2692 of title 10, United States Code;
(2) by redesignating such section as section 2693; and
(3) by amending the section heading to read as follows:
``Sec. 2693. Sentinel Landscapes Partnership''.
(b) Improvements to Sentinel Landscapes Partnership
Program.--Section 2693 of title 10, United States Code, as
transferred and redesignated by subsection (a), is further
amended--
(1) in subsection (a), by striking ``and the Secretary of
the Interior'' and inserting ``, the Secretary of the
Interior, and the heads of other Federal departments and
agencies that elect to become full partners'';
(2) in subsection (b), by striking ``and the Secretary of
the Interior, may, as the Secretaries'' and inserting ``the
Secretary of the Interior, and the heads of other Federal
departments and agencies that elect to become full partners
may, as they'';
(3) by amending subsection (c) to read as follows:
``(c) Coordination of Activities.--The Secretaries and the
heads of Federal departments and agencies, in carrying out
this section, may coordinate actions between their
departments and agencies and with other Federal, State,
interstate, and local agencies, Indian Tribes, and private
entities to more efficiently work together for the mutual
benefit of conservation, resilience, working lands, and
national defense, and to encourage owners and managers of
land to engage in voluntary land management, resilience, and
conservation activities that contribute to the sustainment of
military installations, State-owned National Guard
installations, and associated airspace.'';
(4) in subsection (d)--
(A) by striking the first sentence and inserting ``The
Secretaries and the heads of Federal departments and
agencies, in carrying out this section, may give to any
eligible owner or manager of land within a designated
sentinel landscape priority consideration for participation
in any easement, grant, or assistance programs administered
by that Secretary or head.''; and
(B) in the second sentence, by striking ``eligible
landowner or agricultural producer'' and inserting ``eligible
owner or manager of land''; and
(5) by redesignating subsection (f) as subsection (g);
(6) by inserting after subsection (e) the following new
subsection (f):
``(f) Rule of Construction.--Nothing in this section may be
construed to require an owner or manager of land, including a
private landowner or agricultural producer, to participate in
any land management, resilience, or conservation activity
under this section.'';
(7) in subsection (g), as redesigned by paragraph (5)--
(A) in paragraph (1), by striking `` section 670(1) of
title 16, United States Code'' and inserting `` section
100(1) of the Sikes Act (16 U.S.C. 670(1))'';
(B) in paragraph (2), by striking ``section 670(3) of title
16, United States Code'' and inserting ``section 100(3) of
the Sikes Act (16 U.S.C. 670(3))''; and
(C) in paragraph (3), by amending subparagraph (B) to read
as follows:
``(B) the publicly and privately owned lands that serve to
protect and support the rural economy, the natural
environment, outdoor recreation, and the national defense
missions of a military installation or State-owned National
Guard installation.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 159 of title 10, United States Code, is
amended by inserting after the item relating to section 2692
the following new item:
``2693. Sentinel Landscapes Partnership.''.
SEC. 313. MODIFICATION OF DEFINITION OF SUSTAINABLE AVIATION
FUEL FOR PURPOSE OF PILOT PROGRAM ON USE OF
SUCH FUEL.
Section 324(g) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2);
(3) by inserting before paragraph (2), as redesignated by
paragraph (2) of this section, the following new paragraph:
``(1) The term `applicable material' means--
``(A) monoglycerides, diglycerides, and triglycerides;
``(B) free fatty acids; or
``(C) fatty acid esters.''; and
(4) by adding at the end the following new paragraphs:
``(3) The term `biomass' has the meaning given that term in
section 45K(c)(3) of the Internal Revenue Code of 1986.
``(4) The term `lifecycle greenhouse gas emissions
reduction percentage' means, with respect to any sustainable
aviation fuel, the percentage reduction in lifecycle
greenhouse gas emissions achieved by such fuel as compared
with petroleum-based aviation fuel, as determined in
accordance with--
``(A) the most recent Carbon Offsetting and Reduction
Scheme for International Aviation that has been adopted, as
of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024, by the International
Civil Aviation Organization with the agreement of the United
States; or
``(B) the most recent determinations, as of the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2024, under the Greenhouse gases, Regulated
Emissions, and Energy use in Transportation (GREET) model
developed by Argonne National Laboratory.
``(5) The term `sustainable aviation fuel' means liquid
fuel, the portion of which is not kerosene, that--
``(A) meets the requirements of--
``(i) ASTM International Standard D7566; or
``(ii) the Fischer Tropsch provisions of ASTM International
Standard D1655, Annex A1;
``(B) is not derived from coprocessing an applicable
material (or materials derived from an applicable material)
with a feedstock that is not biomass;
``(C) is not derived from palm fatty acid distillates or
petroleum; and
``(D) has been certified pursuant to a scheme or model
under paragraph (4) as having a lifecycle greenhouse gas
emissions reduction percentage of not less than 50
percent.''.
SEC. 314. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF
STIPULATED PENALTIES IN CONNECTION WITH NAVAL
AIR STATION MOFFETT FIELD, CALIFORNIA.
(a) Authority to Transfer Funds.--
(1) Transfer amount.--
(A) In general.--The Secretary of the Navy may transfer an
amount not to exceed $438,250 to the Hazardous Substance
Superfund established under section 9507 of the Internal
Revenue Code of 1986, in accordance with section 2703(f) of
title 10, United States Code.
(B) Inapplicability of limitation.--Any transfer under
subparagraph (A) shall be made without regard to section 2215
of title 10, United States Code.
(2) Source of funds.--Any transfer under paragraph (1)(A)
shall be made using funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2024 for
the Department of Defense Base Closure Account established
under section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687
note).
(b) Purpose of Transfer.--Any transfer under subsection
(a)(1)(A) shall be for the
[[Page S3919]]
purpose of satisfying a stipulated penalty assessed by the
Environmental Protection Agency on May 4, 2018, regarding
former Naval Air Station, Moffett Field, California, under
the Federal Facility Agreement for Naval Air Station, Moffett
Field, which was entered into between the Navy and the
Environmental Protection Agency in 1990 pursuant to section
120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620).
(c) Acceptance of Payment.--If the Secretary of the Navy
makes a transfer under subsection (a)(1)(A), the
Administrator of the Environmental Protection Agency shall
accept the amount transferred as payment in full of the
penalty described in subsection (b).
SEC. 315. TECHNICAL ASSISTANCE FOR COMMUNITIES AND
INDIVIDUALS POTENTIALLY AFFECTED BY RELEASES AT
CURRENT AND FORMER DEPARTMENT OF DEFENSE
FACILITIES.
(a) Technical Assistance for Navigation of Response
Actions.--
(1) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, and subject to such
amounts as are provided in appropriations Acts, the Secretary
of Defense, acting through the Director of the Office of
Local Defense Community Cooperation, shall furnish technical
assistance services described in paragraph (3) through the
Technical Assistance for Public Participation (TAPP) Program
of the Department of Defense to communities, or individuals
who are members thereof, that have been affected by a release
of a pollutant affirmatively determined to have originated
from a facility under the jurisdiction of, or formerly used
by or under the jurisdiction of, the Department.
(2) Implementation.--The Secretary, acting through the
Director of the Office of Local Defense Community
Cooperation, may furnish technical assistance services
pursuant to paragraph (1) through a Federal interagency
agreement, a private service provider, or a cooperative
agreement entered into with a nonprofit organization.
(3) Services provided.--The technical assistance services
described in this paragraph are services to improve public
participation in, or assist in the navigation of,
environmental response efforts, including--
(A) the provision of advice and guidance to a community or
individual specified in paragraph (1) regarding additional
technical assistance with respect to which such community or
individual may be eligible (including pursuant to subsection
(b));
(B) the interpretation of site-related documents;
(C) the interpretation of health-related information;
(D) assistance with the preparation of public comments; and
(E) the development of outreach materials to improve public
participation.
(b) Grants for Technical Assistance.--
(1) Authority.--Beginning not later than 180 days after the
date of the enactment of this Act, and subject to such
amounts as are provided in appropriations Acts, the Secretary
of Defense, acting through the Director of the Office of
Local Defense Community Cooperation, shall administer a grant
program under which the Director may award a grant to a
community, or individuals who are members thereof, that have
been affected by a release of a pollutant affirmatively
determined to have originated from a facility under the
jurisdiction of, or formerly used by or under the
jurisdiction of, the Department of Defense.
(2) Use of amounts.--Funds provided under a grant awarded
pursuant to paragraph (1) in connection with a release of a
pollutant at a facility may be used by the grant recipient
only to obtain technical assistance and services for public
participation in various stages of the processes of response,
remediation, and removal actions at the facility, including--
(A) interpreting the nature of the release, including
monitoring and testing plans and reports associated with site
assessment and characterization at the facility;
(B) interpreting documents, plans, proposed actions, and
final decisions related to--
(i) an interim remedial action;
(ii) a remedial investigation or feasibility study;
(iii) a record of decision;
(iv) a remedial design;
(v) the selection and construction of remedial action;
(vi) operation and maintenance; and
(vii) a five-year review at the facility.
(C) a removal action at such facility; and
(D) services specified under subsection (a)(3).
(c) Prohibition on Use of Amounts.--None of the amounts
made available under this section may be used for the purpose
of conducting--
(1) lobbying activities; or
(2) legal challenges of final decisions of the Department
of Defense.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 321. TREATMENT OF CERTAIN MATERIALS CONTAMINATED WITH
PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL
SUBSTANCES.
(a) In General.--The Secretary of Defense may treat covered
materials, including soils that have been contaminated with
PFAS, until the date on which the Secretary adopts the final
rule required under section 343(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 2701 note) if the treatment of such materials occurs
through the use of remediation or disposal technology
approved by the relevant Federal regulatory agency.
(b) Definitions.--In this section, the terms ``covered
material'' and ``PFAS'' have the meanings given those terms
in section 343(e) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2701
note).
SEC. 322. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY
AND ASSESSMENT ON HEALTH IMPLICATIONS OF PER-
AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN
DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES
AND DISEASE REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350),
as amended by section 315(a) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1713), section 321 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1307), section 337 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3533), section 342 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1643), and section 342 of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263), is further amended by adding
at the end the following new clause:
``(iv) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not more
than $5,000,000 during fiscal year 2024 to the Secretary of
Health and Human Services to pay for the study and assessment
required by this section.''.
SEC. 323. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL
RESTORATION PROJECTS AT NATIONAL GUARD
FACILITIES.
(a) Clarification of Definition of National Guard
Facilities.--Paragraph (4) of section 2700 of title 10,
United States Code, is amended--
(1) by striking ``State-owned'';
(2) by striking ``owned and operated by a State when such
land is''; and
(3) by striking ``even though such land is not under the
jurisdiction of the Department of Defense.'' and inserting
``without regard to--''
``(A) the owner or operator of the facility; or
``(B) whether the facility is under the jurisdiction of the
Department of Defense or a military department.''.
(b) Inclusion Under Defense Environmental Restoration
Program.--Section 2701(a)(1) of such title is amended by
striking ``State-owned''.
(c) Response Actions at National Guard Facilities.--Section
2701(c)(1)(D) of such title is amended by striking ``State-
owned''.
(d) Services of Other Entities.--Section 2701(d)(1) of such
title is amended, in the second sentence, by inserting ``or
at a National Guard facility'' before the period at the end.
(e) Environmental Restoration Accounts.--Section 2703(g)(1)
of such title is amended by inserting ``, a National Guard
facility,'' after ``Department of Defense''.
(f) Technical and Conforming Amendments.--
(1) Repeal.--Section 2707 of such title is amended by
striking subsection (e).
(2) Reference update.--Section 345(f)(1) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 10 U.S.C. 2715 note) is amended by striking
``facility where military activities are conducted by the
National Guard of a State pursuant to section 2707(e) of
title 10, United States Code'' and inserting ``National Guard
facility, as such term is defined in section 2700 of title
10, United States Code''.
SEC. 324. LIMITATION ON AVAILABILITY OF TRAVEL FUNDS UNTIL
SUBMITTAL OF PLAN FOR RESTORING DATA SHARING ON
TESTING OF WATER FOR PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Of the funds authorized to be appropriated
by this Act for operation and maintenance, defense-wide, for
travel for the Office of the Under Secretary of Defense for
Acquisition and Sustainment, not more than 85 percent may be
obligated or expended until the Under Secretary of Defense
for Acquisition and Sustainment submits to the congressional
defense committees a plan to restore data sharing pertaining
to the testing of water for perfluoroalkyl or polyfluoroalkyl
substances, as required under section 345 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 10 U.S.C. 2715 note), which shall include the
following:
(1) A plan to restore data sharing with each relevant State
agency tasked with regulation of environmental contamination
by perfluoroalkyl or polyfluoroalkyl substances in each State
or territory of the United States.
(2) A plan to restore data sharing with restoration
advisory boards established under section 2705(d) of title
10, United States Code.
(3) Information on the geographic specificity of the data
to be provided under paragraphs (1) and (2) and a timeline
for the implementation of the plans under such paragraphs.
[[Page S3920]]
(b) Inability to Meet Transparency Requirements.--If the
Under Secretary of Defense for Acquisition and Sustainment
determines that they are unable to meet the requirements
under subsection (a), the Under Secretary shall brief the
congressional defense committees on the rationale for why the
restoration of data sharing required under such subsection is
not possible, including a description of any legislative
action required to restore such data sharing.
SEC. 325. DASHBOARD OF FUNDING RELATING TO PERFLUOROALKYL
SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.
The Secretary of Defense shall include with the submission
to Congress by the President of the annual budget of the
Department of Defense for a fiscal year under section 1105(a)
of title 31, United States Code, a separate budget
justification document that consolidates all information
pertaining to activities of the Department of Defense
relating to perfluoroalkyl substances and polyfluoroalkyl
substances, including funding for and descriptions of--
(1) research and development efforts;
(2) testing;
(3) remediation;
(4) contaminant disposal; and
(5) community outreach.
SEC. 326. REPORT ON SCHEDULE AND COST ESTIMATES FOR
COMPLETION OF TESTING AND REMEDIATION OF
CONTAMINATED SITES AND PUBLICATION OF CLEANUP
INFORMATION.
(a) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, and once every two years
thereafter through December 31, 2029, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report
detailing--
(A) a proposed schedule for the completion of testing and
remediation activities, including remediation of
perfluoroalkyl substances and polyfluoroalkyl substances, at
military installations, facilities of the National Guard, and
formerly used defense sites in the United States where the
Secretary obligated funding for environmental restoration
activities in fiscal year 2022;
(B) detailed cost estimates to complete such activities, if
such estimates are available; and
(C) if such estimates are not available, estimated costs to
complete such activities based on historical costs of
remediation for--
(i) sites remediated under the Defense Environmental
Restoration Program under section 2701 of title 10, United
States Code;
(ii) other Federally-funded sites; or
(iii) privately-funded sites.
(2) Inclusion of remedial investigations and feasibility
studies.--The schedule and cost estimates required under
paragraph (1) shall include a schedule and estimated costs
for the completion of remedial investigations and feasibility
studies at all sites covered under such paragraph for which
such investigations and studies are anticipated or planned.
(3) Military installation defined.--In this subsection, the
term ``military installation'' has the meaning given such
term in section 2801(c)(4) of title 10, United States Code.
(b) Publication of Information.--Beginning not later than
one year after the date of the enactment of this Act, the
Secretary of Defense shall publish on the publicly available
website established under section 331(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 10 U.S.C. 2701 note) timely and regularly updated
information on the status of cleanup at sites for which the
Secretary has obligated amounts for environmental restoration
activities.
SEC. 327. MODIFICATION OF TIMING OF REPORT ON ACTIVITIES OF
PFAS TASK FORCE.
Section 2714(f) of title 10, United States Code, is amended
by striking ``and quarterly thereafter,'' and inserting ``and
annually thereafter through 2029,''.
SEC. 328. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON TESTING
AND REMEDIATION OF PERFLUOROALKYL SUBSTANCES
AND POLYFLUOROALKYL SUBSTANCES.
Not later than one year after the date of the enactment of
this Act, and not later than five years thereafter, the
Comptroller General of the United States shall submit to the
congressional defense committees a report assessing the state
of ongoing testing and remediation by the Department of
Defense of current or former military installations
contaminated with perfluoroalkyl substances or
polyfluoroalkyl substances, including--
(1) assessments of the thoroughness, pace, and cost-
effectiveness of efforts of the Department to conduct testing
and remediation relating to those substances;
(2) recommendations to improve those efforts; and
(3) such other matters as the Comptroller General
determines appropriate.
Subtitle D--Logistics and Sustainment
SEC. 331. ASSURING CRITICAL INFRASTRUCTURE SUPPORT FOR
MILITARY CONTINGENCIES PILOT PROGRAM.
(a) Establishment of Pilot Program.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense shall establish a pilot program to be known as the
``Assuring Critical Infrastructure Support for Military
Contingencies Pilot Program''.
(b) Selection of Installations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Assistant Secretary of Defense for Homeland
Defense and Hemispheric Affairs, shall select not fewer than
four geographically diverse military installations at which
to carry out the pilot program under subsection (a).
(2) Prioritization.--
(A) In general.--In selecting military installations under
paragraph (1), the Secretary of Defense shall give priority
to any military installation that is a key component of not
fewer than two Contingency Plans (CONPLANs) or Operational
Plans (OPLANs), with priority given to such plans in the area
of responsibility of the United States Indo-Pacific Command
or the United States European Command.
(B) Additional priority.--If two or more military
installations are given equal priority under subparagraph
(A), priority for selection under paragraph (1) shall be
given to the military installations that are--
(i) connected to national-level infrastructure;
(ii) located near a commercial port; or
(iii) located near a national financial hub.
(c) Activities.--In carrying out the pilot program under
subsection (a), the Secretary of Defense, acting through the
Assistant Secretary of Defense for Homeland Defense and
Hemispheric Affairs, shall--
(1) without duplicating or disrupting existing cyber
exercise activities under the National Cyber Exercise Program
under section 2220B of the Homeland Security Act of 2002 (6
U.S.C. 665h), conduct cyber resiliency and reconstitution
stress test scenarios through tabletop exercises and, if
possible, live exercises--
(A) to assess how to prioritize restoration of power,
water, and telecommunications for a military installation in
the event of a significant cyberattack on regional critical
infrastructure that has similar impacts on State and local
infrastructure; and
(B) to determine the recovery process needed to ensure the
military installation can function and support an overseas
contingency operation or a homeland defense mission, as
appropriate;
(2) map dependencies of power, water, and
telecommunications at the military installation and the
connections to distribution and generation outside the
military installation;
(3) recommend priorities for the order of recovery for the
military installation in the event of a significant
cyberattack, considering both the requirements needed for
operations of the military installation and the potential
participation of personnel at the military installation in an
overseas contingency operation or a homeland defense mission;
and
(4) create a lessons-learned database from the exercises
conducted under paragraph (1) across all installations
participating in the pilot program to share with the
appropriate committees of Congress.
(d) Coordination With Related Programs.--The Secretary of
Defense, acting through the Assistant Secretary of Defense
for Homeland Defense and Hemispheric Affairs, shall ensure
that activities under subsection (c) are coordinated with--
(1) private entities that operate power, water, and
telecommunications for a military installation participating
in the pilot program under subsection (a);
(2) relevant military and civilian personnel; and
(3) any other entity that the Assistant Secretary of
Defense for Homeland Defense and Hemispheric Affairs
determines is relevant to the execution of activities under
subsection (c).
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Assistant to the President for Homeland Security, the
National Cyber Director, the head of any other relevant
Sector Risk Management Agency, the Committees on Armed
Services of the Senate and the House of Representatives, and,
if appropriate, relevant private sector owners and operators
of critical infrastructure a report on the activities carried
out under pilot program under subsection (a), including a
description of any operational challenges identified.
(f) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in the
Critical Infrastructures Protection Act of 2001 (42 U.S.C.
5195c).
(2) Sector risk management agency.--The term ``Sector Risk
Management Agency'' has the meaning given that term in
section 2200 of the Homeland Security Act of 2002 (6 U.S.C.
650).
SEC. 332. STRATEGY AND ASSESSMENT ON USE OF AUTOMATION AND
ARTIFICIAL INTELLIGENCE FOR SHIPYARD
OPTIMIZATION.
(a) Strategy.--The Secretary of Navy, in coordination with
the Shipyard Infrastructure Optimization Program, shall
develop and implement a strategy to leverage commercial best
practices used in shipyards to make operations more efficient
and demonstrate a digital maintenance artificial intelligence
platform that analyzes data on the maintenance and health of
shipboard assets of the Navy at shipyards, which shall
improve readiness of the Armed Forces, predict and diagnose
issues before they occur, and lower maintenance costs.
(b) Assessment.--The Secretary of Navy shall assess the
costs of maintenance delays on shipboard assets of the Navy
and assess the potential cost savings of adopting artificial
intelligence predictive maintenance
[[Page S3921]]
technology techniques that help determine the condition of
in-service equipment to estimate when maintenance should be
performed rather than waiting until failure or end of life,
including--
(1) an analysis of maintenance delays and costs due to
unplanned and unpredicted maintenance issues;
(2) an evaluation of opportunities to demonstrate
commercial best practices at shipyards, including artificial
intelligence technologies to ensure timely predictions for
maintainers and planners at shipyards by connecting datasets,
executing models, and providing outputs in near real-time;
(3) an identification of shipyard assets of the Navy with
sufficient data available to enable near-term demonstrations
of artificial intelligence predictive maintenance and an
estimate of resources needed within the Navy to accelerate
the demonstration of predictive artificial intelligence
capabilities with respect to those assets; and
(4) an identification of any policy or technical challenges
to implementing artificial intelligence or machine learning
for purposes of carrying out the Shipyard Infrastructure
Optimization Program.
(c) Briefing to Committee.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Navy
shall provide to the congressional defense committees a
briefing on--
(1) the strategy developed by the Secretary under
subsection (a);
(2) the results of the assessment under subsection (b); and
(3) a plan to execute any measures pursuant to such
assessment.
Subtitle E--Briefings and Reports
SEC. 341. CRITICAL INFRASTRUCTURE CONDITIONS AT MILITARY
INSTALLATIONS.
(a) Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the head of each military department, shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a plan to implement a
standardized system to measure and report on the condition
and performance of, level of investment in, and any
applicable risks to critical infrastructure systems owned by
the Federal Government that--
(1) have not been privatized pursuant to a conveyance under
section 2688 of title 10, United States Code; and
(2) are located on a military installation.
(b) Report.--
(1) In general.--Beginning on February 1 of the year
immediately following the date on which the plan under
subsection (a) is submitted, and annually thereafter, the
Secretary of Defense, in coordination with the head of each
military department, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
consolidated report on the condition of critical
infrastructure systems owned by the Federal Government at
military installations.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) Installation-level critical infrastructure system data
for each critical infrastructure system owned by the Federal
Government located at a military installation that includes
the following for each such system:
(i) All instances of noncompliance with any applicable
Federal or State law (including regulations) with which the
system has been required to comply during the preceding five-
year period, including information on any prior or current
consent order or equivalent compliance agreement with any
regulatory agency.
(ii) The year of original installation of major critical
infrastructure system components, including treatment
facilities, pump stations, and storage tanks.
(iii) The average age of distribution system piping and
wiring.
(iv) The rate of system recapitalization, represented as an
annual percentage replacement rate of all critical
infrastructure system assets.
(v) The percentage of key system operational components
inspected, and determined through actual testing to be fully
operational, during the preceding one-year period, including
fire hydrants, valves, and backflow preventors.
(vi) The absolute number, and a normalized measure for
comparative purposes, of all unplanned system outages during
the preceding one-year period.
(vii) The absolute duration, and a normalized measure for
comparative purposes, of all unplanned system outages during
the preceding one-year period.
(viii) The absolute number, and a normalized measure for
comparative purposes, of all critical infrastructure system
main breaks and leaks during the preceding one-year period.
(B) A standardized risk assessment for each military
installation, identifying the current and projected level of
risk related to the following:
(i) The ability to maintain compliance with all current and
known future regulatory agency regulations and standards and
all applicable regulations and policies of the Department of
Defense and the military departments related to critical
infrastructure, and the ability to operate systems in
accordance with accepted industry standards.
(ii) The ability to maintain a consistent and compliant
supply of water for current and projected future installation
needs based on current and projected source water
availability and quality, including an assessment of source
water contamination risks.
(iii) The ability to withstand severe weather events,
including drought, flooding, and temperature fluctuations.
(iv) The ability for utility industrial controls systems to
maintain compliance with current and future cybersecurity
standards and regulations.
SEC. 342. REPORT ON ESTABLISHING SUFFICIENT STABLING,
PASTURE, AND TRAINING AREA FOR THE OLD GUARD
CAISSON PLATOON EQUINES.
(a) In General.--Not later than March 1, 2024, the
Secretary of the Army shall submit to the congressional
defense committees a report containing the results of a study
to address the feasibility and advisability of establishing
sufficient stabling, pasture, and training area for the
equines in the Caisson Platoon of the 3rd United States
Infantry (commonly known as the ``Old Guard'').
(b) Inclusion of Recommendations.--The report required
under subsection (a) shall include--
(1) any recommendations determined necessary and
appropriate by the Secretary--
(A) to implement the plan required under section 391(b) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2549); and
(B) to ensure proper animal facility sanitation for the
equines in the Caisson Platoon of the 3rd United States
Infantry; and
(2) plans for the housing and care of such equines.
(c) Locations.--
(1) Review of military construction authorization.--The
report required under subsection (a) shall include a review
of all physical locations under consideration as stabling,
pasture, or training area described in such subsection for
any withdrawals or projects that would require individual
military construction authorization.
(2) Consideration.--In considering locations for stabling,
pasture, or training area under subsection (a), the Secretary
of the Army shall consider all viable options within a
reasonable distance to Arlington National Cemetery.
(d) Elements.--The report required under subsection (a)
shall include, for each location under consideration as
stabling, pasture, or training area described in such
subsection--
(1) a brief environmental assessment of the location;
(2) estimated costs for preparing the location for
construction;
(3) a narrative of how the location will be beneficial and
conducive the health of the equines in the Caisson Platoon of
the 3rd United States Infantry;
(4) a narrative of how, if necessary, the location can be
expanded; and
(5) a narrative of how the location will affect community
access to outdoor recreation.
SEC. 343. QUARTERLY BRIEFINGS ON OPERATIONAL STATUS OF
AMPHIBIOUS WARSHIP FLEET OF DEPARTMENT OF THE
NAVY.
(a) In General.--Not later than October 1, 2023, and
quarterly thereafter until September 30, 2024, the Secretary
of the Navy shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the operational status of the amphibious warship fleet of the
Department of the Navy.
(b) Elements.--Each briefing under subsection (a) shall
include, with respect to each amphibious warship, the
following:
(1) Average quarterly Operational Availability (AO).
(2) Number of days underway as follows:
(A) Training for the purpose of supporting Mission
Essential Tasks (in this section referred to as ``MET'') of
the Marine Corps, including unit level well-deck or flight-
deck operations training and Amphibious Ready Group and
Marine Expeditionary Unit integrated training.
(B) Deployed, which shall not include scheduled or
unscheduled in port maintenance.
(3) Expected completion date for in-work and scheduled and
unscheduled maintenance.
(4) An update on any delays in completion of scheduled and
unscheduled maintenance and casualty reports impacting the
following:
(A) Scheduled unit level well-deck and flight-deck
operations training of the Marine Corps.
(B) MET certifications of the Marine Corps, including
mobility, communications, amphibious well-deck operations,
aviation operations, and warfare training.
(C) Composition and deployment dates of scheduled and
deployed Amphibious Ready Groups and Marine Expeditionary
Units.
(c) Definitions.--In this section:
(1) Amphibious warship.--The term ``amphibious warship''
means a ship that is classified as an amphibious assault ship
(general purpose) (LHA), an amphibious assault ship (multi-
purpose) (LHD), an amphibious transport dock (LPD), or a dock
landing ship (LSD) that is included in the Battle Force
Inventory in accordance with instruction 5030.8D of the
Secretary of the Navy, or successor instruction.
(2) Amphibious ready group; marine expeditionary unit.--The
terms ``Amphibious Ready Group'' and ``Marine Expeditionary
Unit'' means a group or unit, as the case may be, that
consists of a minimum of--
(A) three amphibious assault ships (general purpose) (LHA)
or amphibious assault ships (multi-purpose) (LHD); and
[[Page S3922]]
(B) one amphibious transport dock (LPD) Flight I.
SEC. 344. BRIEFING ON PLAN FOR MAINTAINING PROFICIENCY IN
EMERGENCY MOVEMENT OF MUNITIONS IN JOINT REGION
MARIANAS, GUAM.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Navy and the Secretary of the
Air Force shall brief the congressional defense committees on
a plan for maintaining the proficiency of the Navy and the
Air Force, respectively, in executing the emergency movement
of munitions stored in weapons storage areas in Joint Region
Marianas, Guam, onto aircraft and naval vessels, including
plans to regularly exercise such capabilities.
Subtitle F--Other Matters
SEC. 351. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS
EXECUTIVE AGENT FOR NAVAL SMALL CRAFT
INSTRUCTION AND TECHNICAL TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal
year 2024--
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction
and Technical Training School pursuant to section 352(b) of
title 10, United States Code; and
(2) in coordination with the Commander of the United States
Special Operations Command, to provide such support, as
necessary, for the continued operation of such school.
SEC. 352. RESTRICTION ON RETIREMENT OF U-28 AIRCRAFT.
None of the funds authorized to be appropriated by this Act
may be used to retire U-28 aircraft until the Secretary of
Defense certifies to the congressional defense committees
that the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, with
respect to the United States Special Operations Command
provides for intelligence, surveillance, and reconnaissance
capacity and capability that is equal to or greater than such
capacity and capability provided by the current fleet of U-28
aircraft for such Command.
SEC. 353. TRIBAL LIAISONS.
(a) In General.--The Secretary of Defense shall ensure that
each installation of the Department of Defense that has an
Indian Tribe, Native Hawaiian organization, or Tribal
interests in the area surrounding the installation, including
if an Indian Tribe or Native Hawaiian organization is
historically or culturally affiliated with the land or water
managed or directly impacted by the installation, has a
dedicated Tribal liaison located at the installation.
(b) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
(2) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given that term in
section 6207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517).
SEC. 354. LIMITATION ON USE OF FUNDS TO EXPAND LEASED
FACILITIES FOR THE JOINT MILITARY INFORMATION
SUPPORT OPERATIONS WEB OPERATIONS CENTER.
None of the amounts authorized by this Act for operation
and maintenance, Defense-wide to expand leased facilities for
the Joint Military Information Support Operations Web
Operations Center may be obligated or expended until the
Secretary of Defense, acting through the Assistant Secretary
of Defense for Special Operations and Low-Intensity Conflict
and the Commander of the United States Special Operations
Command, submits to the congressional defense committees a
validated manpower study for such center that includes the
following:
(1) Validated estimates of the number of personnel from the
United States Special Operations Command and the other
combatant commands that will be housed in leased facilities
of such center.
(2) An explanation of how such estimates are aligned with
and support the priorities established by the national
defense strategy under 113(g) of title 10, United States
Code.
SEC. 355. MODIFICATIONS TO THE CONTESTED LOGISTICS WORKING
GROUP OF THE DEPARTMENT OF DEFENSE.
(a) Expansion of Working Group.--
(1) In general.--Paragraph (3) of section 2926(d) of title
10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) A representative appointed by the Secretary of
Defense from each of the following:
``(i) The Defense Logistics Agency.
``(ii) The Strategic Capabilities Office.
``(iii) The Defense Advanced Research Projects Agency.
``(iv) The Office of the Under Secretary of Defense for
Research and Engineering.''.
(2) Timing.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall appoint
the additional members of the working group required under
paragraph (3)(D) of such section, as added by paragraph (1)
of this subsection.
(b) Meetings.--Such section is further amended by adding at
the end the following new paragraph:
``(6) The working group under paragraph (1) shall meet not
less frequently than quarterly.''.
(c) Reports.--Such section is further amended by adding at
the end the following new paragraph:
``(7) Not later than February 1 of each year, the working
group under paragraph (1) shall submit to the congressional
defense committees a report that contains a description of
any shortfalls in personnel, equipment, infrastructure,
energy and storage, or capabilities required to support the
operational plans of the Department of Defense.''.
SEC. 356. ESTABLISHMENT OF CAISSON PLATOON TO SUPPORT
MILITARY AND STATE FUNERAL SERVICES.
(a) In General.--There is established in the Department of
the Army an equine unit, to be known as the Caisson Platoon,
assigned to the 3rd Infantry Regiment of the Army, for the
purposes of conducting military and State funerals and for
other purposes.
(b) Prohibition on Elimination.--The Secretary of the Army
may not eliminate the Caisson Platoon of the 3rd Infantry
Regiment of the Army established under subsection (a).
(c) Briefing.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and not less frequently than every
180 days thereafter until March 31, 2027, the Secretary of
the Army shall provide to the congressional defense
committees a briefing on the health, welfare, and sustainment
of military working equids.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) An assessment of the ability of the Caisson Platoon of
the 3rd Infantry Regiment of the Army to support military
funeral operations within Arlington National Cemetery,
including milestones associated with achieving full
operational capability for the Caisson Platoon.
(B) An update on the plan of the task force of the Army on
military working equids to promote, support, and sustain
animal health and welfare.
(C) An update on the plan of such task force to ensure that
support by the Caisson Platoon of Arlington National Cemetery
and State funerals is never suspended again.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS PENDING 30-YEAR
SHIPBUILDING PLAN THAT MAINTAINS 31 AMPHIBIOUS
WARSHIPS FOR THE DEPARTMENT OF THE NAVY.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2024
for Administration and Servicewide Activities, Operation and
Maintenance, Navy, not more than 50 percent may be obligated
or expended until the date on which the Secretary of the Navy
submits to the congressional defense committees a 30-year
shipbuilding plan that meets the statutory requirement in
section 8062(b) of title 10, United States Code, to maintain
31 amphibious warships.
(b) Amphibious Warship Defined.--In this section, the term
``amphibious warship'' means a ship that is classified as an
amphibious assault ship (general purpose) (LHA), an
amphibious assault ship (multi-purpose) (LHD), an amphibious
transport dock (LPD), or a dock landing ship (LSD) that is
included in the Battle Force Inventory in accordance with
instruction 5030.8D of the Secretary of the Navy, or
successor instruction.
SEC. 358. MODIFICATION OF RULE OF CONSTRUCTION REGARDING
PROVISION OF SUPPORT AND SERVICES TO NON-
DEPARTMENT OF DEFENSE ORGANIZATIONS AND
ACTIVITIES.
Section 2012(i) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in the matter preceding subparagraph (A), as
redesignated by paragraph (1), by striking ``Nothing in this
section'' and inserting ``(1) Nothing in this section'';
(3) in subparagraph (A), as so redesignated, by inserting
``, except as provided in paragraph (2),'' before ``for
response''; and
(4) by adding at the end the following new paragraph:
``(2) Funds available to the Secretary of a military
department for operation and maintenance for the Innovative
Readiness Training program may be expended under this
section, upon approval by the Secretary concerned, to assist
in demolition, clearing of roads, infrastructure
improvements, and construction to restore an area after a
natural disaster.''.
SEC. 359. MODIFICATIONS TO MILITARY AVIATION AND INSTALLATION
ASSURANCE CLEARINGHOUSE FOR REVIEW OF MISSION
OBSTRUCTIONS.
(a) Projects Proposed Within Two Nautical Miles of Any
Active Intercontinental Ballistic Missile Launch Facility or
Control Center.--Section 183a of title 10, United States
Code, is amended--
(1) in subsection (d)(2)--
(A) in subparagraph (B), by inserting ``or any active
intercontinental ballistic missile launch facility or control
center'' after ``military training routes''; and
(B) in subparagraph (E), by striking ``or a Deputy Under
Secretary of Defense'' and inserting ``a Deputy Under
Secretary of Defense, or, in the case of a geographic area of
concern related to an active intercontinental ballistic
missile launch facility or control center, the Assistant
Secretary of Defense for Energy, Installations, and
Environment''; and
(2) in subsection (e)(1)--
(A) in the first sentence--
(i) by striking ``The Secretary'' and inserting ``(A) The
Secretary''; and
(ii) by inserting ``or antenna structure project'' after
``energy project'';
[[Page S3923]]
(B) in the second sentence, by striking ``The Secretary of
Defense's finding of unacceptable risk to national security''
and inserting the following:
``(C) Any finding of unacceptable risk to national security
by the Secretary of Defense under this paragraph''; and
(C) by inserting after subparagraph (A), as designated by
subparagraph (A)(i) of this paragraph, the following new
subparagraph:
``(B)(i) In the case of any energy project or antenna
structure project with proposed structures more than 200 feet
above ground level located within two nautical miles of an
active intercontinental ballistic missile launch facility or
control center, the Secretary of Defense shall issue a
finding of unacceptable risk to national security for such
project if the mitigation actions identified pursuant to this
section do not include removal of all such proposed
structures from such project after receiving notice of
presumed risk from the Clearinghouse under subsection (c)(2).
``(ii) Clause (i) does not apply to structures approved
before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024 or to structures that
are re-powered with updated technology in the same location
as previously approved structures.''.
(b) Inclusion of Antenna Structure Projects.--
(1) In general.--Such section is further amended--
(A) by inserting ``or antenna structure projects'' after
``energy projects'' each place it appears; and
(B) by inserting ``or antenna structure project'' after
``energy project'' each place it appears (except for
subsections (e)(1) and (h)(2)).
(2) Antenna structure project defined.--Section 183a(h) of
such title is amended--
(A) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) The term `antenna structure project'--
``(A) means a project to construct a structure located
within two nautical miles of any intercontinental ballistic
missile launch facility or control center that is constructed
or used to transmit radio energy or that is constructed or
used for the primary purpose of supporting antennas to
transmit or receive radio energy (or both), and any antennas
and other appurtenances mounted on the structure, from the
time construction of the supporting structure begins until
such time as the supporting structure is dismantled; and
``(B) does not include any project in support of or
required by an intercontinental ballistic missile launch
facility or control center.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2024, as follows:
(1) The Army, 452,000.
(2) The Navy, 342,000.
(3) The Marine Corps, 172,300.
(4) The Air Force, 320,000.
(5) The Space Force, 9,400.
SEC. 402. END STRENGTH LEVEL MATTERS.
Section 115 of title 10, United States Code, is amended--
(1) in subsection (f)(2), by striking ``not more than 2
percent'' and inserting ``not more than 3 percent''; and
(2) in subsection (g)(1), by striking subparagraphs (A) and
(B) and inserting the following new subparagraphs:
``(A) vary the end strength pursuant to subsection
(a)(1)(A) for a fiscal year for the armed force or forces
under the jurisdiction of that Secretary by a number not
equal to more than 2 percent of such authorized end strength;
``(B) vary the end strength pursuant to subsection
(a)(1)(B) for a fiscal year for the armed force or forces
under the jurisdiction of that Secretary by a number not
equal to more than 2 percent of such authorized end strength;
and
``(C) vary the end strength pursuant to subsection (a)(2)
for a fiscal year for the Selected Reserve of the reserve
component of the armed force or forces under the jurisdiction
of that Secretary by a number equal to not more than 2
percent of such authorized end strength.''.
SEC. 403. EXTENSION OF ADDITIONAL AUTHORITY TO VARY SPACE
FORCE END STRENGTH.
Section 403(b) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended by striking ``December 31, 2023'' and inserting
``October 1, 2025''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2024, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 174,800.
(3) The Navy Reserve, 57,200.
(4) The Marine Corps Reserve, 33,600.
(5) The Air National Guard of the United States, 105,000.
(6) The Air Force Reserve, 69,600.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve for any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2024, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,327.
(4) The Marine Corps Reserve, 2,355.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) In General.--The minimum number of military technicians
(dual status) as of the last day of fiscal year 2024 for the
reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code)
shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 7,990.
(3) For the Air National Guard of the United States,
10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians
(dual Status).--The number of temporary military technicians
(dual status) employed under the authority of subsection (a)
may not exceed 25 percent of the total authorized number
specified in such subsection.
(c) Limitation.--Under no circumstances may a military
technician (dual status) employed under the authority of this
section be coerced by a State into accepting an offer of
realignment or conversion to any other military status,
including as a member of the Active, Guard, and Reserve
program of a reserve component. If a military technician
(dual status) declines to participate in such realignment or
conversion, no further action will be taken against the
individual or the individual's position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2024, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2024 for the
use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2024.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTH: GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY.
(a) Repeal of Obsolete Authority; Redesignation.--Chapter
32 of title 10, United States Code, is amended--
(1) by repealing section 526;
(2) by redesignating section 526a as section 526;
(3) in the table of sections for such chapter, by striking
the item relating to section 526a; and
(4) in the section heading for section 526, as redesignated
by paragraph (2), by striking ``after December 31, 2022''.
(b) Increased Authorized Strength.--Section 526 of title
10, United States Code, as
[[Page S3924]]
redesignated and amended by subsection (a), is further
amended--
(1) in subsection (a)--
(A) by striking ``after December 31, 2022,'';
(B) in paragraph (1), by striking ``218'' and inserting
``219'';
(C) in paragraph (2), by striking ``149'' and inserting
``150'';
(D) in paragraph (3), by striking ``170'' and inserting
``171''; and
(E) in paragraph (4), by striking ``62'' and inserting
``64''; and
(2) by redesignating the second subsection designated as
subsection (i) as subsection (j).
(c) Repeal of Exclusion of Officers Serving as Lead Special
Trial Counsel From Limitations on Authorized Strengths.--
Section 506 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 is hereby repealed.
SEC. 502. PROHIBITION ON APPOINTMENT OR NOMINATION OF CERTAIN
OFFICERS WHO ARE SUBJECT TO SPECIAL SELECTION
REVIEW BOARDS.
(a) Officers on Active-duty List.--
Section 628a(a)(2)(B) of title 10, United States Code, is
amended to read as follows:
``(B) shall not be forwarded for appointment or nomination
to the Secretary of Defense, the President, or the Senate, as
applicable.''.
(b) Officers on Reserve Active-status List.--
Section 14502a(a)(2)(B) of title 10, United States Code, is
amended to read as follows:
``(B) shall not be forwarded for appointment or nomination
to the Secretary of Defense, the President, or the Senate, as
applicable.''.
SEC. 503. EXCLUSION OF OFFICERS WHO ARE LICENSED BEHAVIORAL
HEALTH PROVIDERS FROM LIMITATIONS ON ACTIVE
DUTY COMMISSIONED OFFICER END STRENGTHS.
Section 523(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(10) Officers who are licensed behavioral health
providers, including clinical psychologists, social workers,
and mental health nurse practitioners.''.
SEC. 504. UPDATING AUTHORITY TO AUTHORIZE PROMOTION TRANSFERS
BETWEEN COMPONENTS OF THE SAME SERVICE OR A
DIFFERENT SERVICE.
(a) Warrant Officers Transferred Between Components Within
the Same or a Different Uniformed Service.--Section 578 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(g) Notwithstanding subsection (d), and subject to
regulations prescribed by the Secretary of Defense, in the
case of a warrant officer who is selected for promotion by a
selection board convened under this chapter, and prior to the
placement of the warrant officer's name on the applicable
promotion list is approved for transfer to a new component
within the same or a different uniformed service, the
Secretary concerned may place the warrant officer's name on a
corresponding promotion list of the new component without
regard to the warrant officer's competitive category. A
warrant officer's promotion under this subsection shall be
made pursuant to section 12242 of this title.''.
(b) Officers Transferred to Reserve Active Status List.--
(1) In general.--Section 624 of such title is amended by
adding at the end the following new subsections:
``(e) Notwithstanding subsection (a)(2), in the case of an
officer who is selected for promotion by a selection board
convened under this chapter, and prior to the placement of
the officer's name on the applicable promotion list is
approved for transfer to the reserve active status list of
the same or a different uniformed service, the Secretary
concerned may place the officer's name on a corresponding
promotion list on the reserve active-status list without
regard to the officer's competitive category. An officer's
promotion under this subsection shall be made pursuant to
section 14308 of this title.
``(f) Notwithstanding subsection (a)(3), in the case of an
officer who is placed on an all-fully-qualified-officers
list, and is subsequently approved for transfer to the
reserve active status list, the Secretary concerned may place
the officer's name on an appropriate all-fully-qualified-
officers list on the reserve active status list. An officer's
promotion under this subsection shall be made pursuant to
section 14308 of this title.''.
(2) Date of rank.--Section 14308(c) of such title is
amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) The Secretary concerned may adjust the date of rank
of an officer whose name is placed on a reserve active status
promotion list pursuant to subsection (e) or (f) of section
624 of this title.''.
SEC. 505. EFFECT OF FAILURE OF SELECTION FOR PROMOTION.
(a) Effect of Failure of Selection for Promotion: Captains
and Majors of the Army, Air Force, Marine Corps, and Space
Force and Lieutenants and Lieutenant Commanders of the
Navy.--
(1) In general.--Section 632 of title 10, United States
Code, is amended--
(A) in the section heading, by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Space Force'';
(B) in subsection (a)(1), by striking ``President approves
the report of the board which considered him for the second
time'' and inserting ``Secretary concerned releases the
promotion results of the board which considered the officer
for the second time to the public''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 36 of title 10, United States Code, is
amended by striking the item relating to section 632 and
inserting the following new item:
``632. Effect of failure of selection for promotion: captains and
majors of the Army, Air Force, Marine Corps, and Space
Force and lieutenants and lieutenant commanders of the
Navy.''.
(b) Retirement of Regular Officers of the Navy for Length
of Service or Failure of Selection for Promotion.--Section
8372(a)(2)(A) of title 10, United States Code, is amended by
striking ``President approves the report of the board which
considered him for the second time'' and inserting
``Secretary concerned releases the promotion results of the
board which considered the officer for the second time to the
public''.
SEC. 506. PERMANENT AUTHORITY TO ORDER RETIRED MEMBERS TO
ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY
APPOINTMENTS.
(a) In General.--Section 688a of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``Retired aviators:
temporary authority'' and inserting ``Authority'';
(2) by striking subsection (f);
(3) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively; and
(4) in subsection (f), as redesignated by paragraph (3), by
striking ``limitations in subsections (c) and (f)'' and
inserting ``limitation in subsection (c)''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 39 of title 10, United States Code, is
amended by striking the item relating to section 688a and
inserting the following new item:
``688a. Authority to order to active duty in high-demand, low-density
assignments.''.
SEC. 507. WAIVER AUTHORITY EXPANSION FOR THE EXTENSION OF
SERVICE OBLIGATION FOR MARINE CORPS CYBERSPACE
OPERATIONS OFFICERS.
(a) Required Service.--Section 651(c) of title 10, United
States Code, is amended--
(1) in paragraph (1), by inserting ``or in the case of an
unrestricted officer designated within a cyberspace
occupational specialty'' before the period at the end; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) in the case of an unrestricted officer who has been
designated with a cyberspace occupational specialty, the
period of obligated service specified in such contract or
agreement.''.
(b) Minimum Service Requirement for Certain Cyberspace
Occupational Specialties.--
(1) In general.--Chapter 37 of title 10, United States
Code, is amended by inserting after section 653 the new
following section:
``Sec. 654. Minimum service requirement for certain
cyberspace occupational specialties
``(a) Cyberspace Operations Officer.--The minimum service
obligation for any member who successfully completes training
in the armed forces in direct accession to the cyberspace
operations officer occupational specialty of the Marine Corps
shall be 8 years.
``(b) Service Obligation Defined.--In this section, the
term `service obligation' means the period of active duty or,
in the case of a member of a reserve component who completed
cyberspace operations training in an active duty for training
status as a member of a reserve component, the period of
service in an active status in the Selected Reserve, required
to be served after completion of cyberspace operations
training.''.
(2) Table of sections amendment.--The table of sections at
the beginning of such chapter 37 is amended by inserting
after the item relating to section 653 the following new
item:
``654. Minimum service requirement for certain cyberspace occupational
specialties.''.
SEC. 508. REMOVAL OF ACTIVE DUTY PROHIBITION FOR MEMBERS OF
THE AIR FORCE RESERVE POLICY COMMITTEE.
Section 10305 of title 10, United States Code, is amended_
(1) in subsection (b), by striking ``not on active duty''
both places it appears; and
(2) in subsection (c)--
(A) by inserting ``of the reserve components'' after
``among the members''; and
(B) by striking ``not on active duty''.
SEC. 509. EXTENSION OF AUTHORITY TO VARY NUMBER OF SPACE
FORCE OFFICERS CONSIDERED FOR PROMOTION TO
MAJOR GENERAL.
Subsection (b) of section 503 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1680) is amended by striking ``shall terminate on
December 31, 2022'' and inserting ``shall terminate on
December 31, 2024''.
SEC. 510. REALIGNMENT OF NAVY SPOT-PROMOTION QUOTAS.
Section 605(g)(4)(B) of title 10, United States Code, is
amended by striking ``325'' and inserting ``425''.
[[Page S3925]]
SEC. 511. MODIFICATION OF LIMITATION ON PROMOTION SELECTION
BOARD RATES.
Section 616 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``The number'' and inserting ``(1) Except
as provided in paragraph (2), the number''; and
(B) by adding at the end the following new paragraph:
``(2) If a promotion zone established under section 623 of
this title includes less than 50 officers and is established
with respect to promotions to a grade below the grade of
colonel or Navy captain, the Secretary concerned may
authorize selection boards convened under section 611(a) of
this title to recommend for promotion a number equal to not
more than 100 percent of the number of officers included in
such promotion zone.''; and
(2) in subsection (e), by striking ``unless he'' and
inserting ``unless the officer''.
SEC. 512. TIME IN GRADE REQUIREMENTS.
Section 1305 of title 10, United States Code, is amended--
(1) in subsection (a)(3), by inserting ``or a Marine Corps
Marine Gunner warrant officer in such grade,'' after ``chief
warrant officer, W-5,'';
(2) in subsection (b), by striking ``when he'' and
inserting ``when the warrant officer''; and
(3) in subsection (c)--
(A) by striking ``as he'' and inserting ``as the Secretary
concerned''; and
(B) by striking ``after he'' and inserting ``after the
warrant officer''.
SEC. 513. FLEXIBILITY IN DETERMINING TERMS OF APPOINTMENT FOR
CERTAIN SENIOR OFFICER POSITIONS.
(a) In General.--Chapter 35 of title 10, United States
Code, is amended by inserting after section 601 the following
new section:
``Sec. 602. Flexibility in determining terms of appointment
for certain senior officer positions
``The Secretary of Defense may extend or reduce the
duration of an appointment made under section 152, 154, 7033,
8033, 8043, 9033, and 9082 of this title by up to six months
if the Secretary determines that such an extension or
reduction is necessary either in the interests of national
defense, or to ensure an appropriate staggering of terms of
senior military leadership.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 35 of title 10, United States Code, is
amended by inserting after the item relating to section 601
the following new item:
``602. Flexibility in determining terms of appointment for certain
senior officer positions.''.
Subtitle B--Reserve Component Management
SEC. 521. ALTERNATIVE PROMOTION AUTHORITY FOR RESERVE
OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES.
(a) In General.--Part III of subtitle E of title 10, United
States Code, is amended by adding at the end the following
new chapter:
``CHAPTER 1413--ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN
DESIGNATED COMPETITIVE CATEGORIES
``Sec.
``15101. Officers in designated competitive categories.
``15102. Selection for promotion.
``15103. Eligibility for consideration for promotion.
``15104. Opportunities for consideration for promotion.
``15105. Promotions.
``15106. Failure of selection for promotion.
``15107. Retirement: retirement for years of service; selective early
retirement.
``15108. Continuation on the Reserve Active-Status List.
``15109. Other administrative authorities.
``15110. Regulations.
``Sec. 15101. Officers in designated competitive categories
``(a) Authority to Designate Competitive Categories of
Officers.--Each Secretary of a military department may
designate one or more competitive categories for promotion of
officers under section 14005 of this title that are under the
jurisdiction of such Secretary as a competitive category of
officers whose promotion, retirement, and continuation on the
reserve active-status list shall be subject to the provisions
of this chapter.
``(b) Limitation on Exercise of Authority.--The Secretary
of a military department may not designate a competitive
category of officers for purposes of this chapter until 60
days after the date on which the Secretary submits to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the designation of the
competitive category. The report on the designation of a
competitive category shall set forth the following:
``(1) A detailed description of officer requirements for
officers within the competitive category.
``(2) An explanation of the number of opportunities for
consideration for promotion to each particular grade, and an
estimate of promotion timing, within the competitive
category.
``(3) An estimate of the size of the promotion zone for
each grade within the competitive category.
``(4) A description of any other matters the Secretary
considered in determining to designate the competitive
category for purposes of this chapter.
``Sec. 15102. Selection for promotion
``(a) In General.--Except as provided in this section, the
selection for promotion of officers in any competitive
category of officers designated for purposes of this chapter
shall be governed by the provisions under chapter 1403 of
this title.
``(b) No Recommendation for Promotion of Officers Below
Promotion Zone.--Section 14301(d) of this title shall not
apply to the selection for promotion of officers described in
subsection (a).
``(c) Recommendation for Officers to Be Excluded From
Future Consideration for Promotion.--In making
recommendations pursuant to chapter 1403 of this title for
purposes of the administration of this chapter, a selection
board convened under section 14101(a) of this title may
recommend that an officer considered by the board be excluded
from future consideration for promotion under this chapter.
``Sec. 15103. Eligibility for consideration for promotion
``(a) In General.--Except as provided by this section,
eligibility for promotion of officers in any competitive
category of officers designated for purposes of this chapter
shall be governed by the provisions of sections 14301, 14303,
and 14304 of this title.
``(b) Inapplicability of Certain Time-in-grade
Requirements.--Sections 14303 and 14304 of this title shall
not apply to the promotion of officers described in
subsection (a).
``(c) Inapplicability to Officers Above and Below Promotion
Zone.--The following provisions of this title shall not apply
to the promotion of officers described in subsection (a):
``(1) The reference in section 14301(b) to an officer above
the promotion zone.
``(2) Section 14301(d).
``(d) Ineligibility of Certain Officers.--The following
officers are not eligible for promotion under this chapter:
``(1) An officer described in section 14301(c) of this
title.
``(2) An officer not included within the promotion zone.
``(3) An officer who has failed of promotion to a higher
grade the maximum number of times specified for opportunities
for promotion for such grade within the competitive category
concerned pursuant to section 15104 of this title.
``(4) An officer recommended by a selection board to be
removed from consideration for promotion in accordance with
section 15102(c) of this title.
``Sec. 15104. Opportunities for consideration for promotion
``(a) Specification of Number of Opportunities for
Consideration for Promotion.--In designating a competitive
category of officers pursuant to section 15101 of this title,
the Secretary of a military department shall specify the
number of opportunities for consideration for promotion to be
afforded officers of the armed force concerned within the
category for promotion to each grade above the grade of first
lieutenant or lieutenant (junior grade), as applicable.
``(b) Limited Authority of Secretary of Military Department
to Modify Number of Opportunities.--The Secretary of a
military department may modify the number of opportunities
for consideration for promotion to be afforded officers of an
armed force within a competitive category for promotion to a
particular grade, as previously specified by the Secretary
pursuant subsection (a) of this subsection, not more
frequently than once every five years.
``(c) Discretionary Authority of Secretary of Defense to
Modify Number of Opportunities.--The Secretary of Defense may
modify the number of opportunities for consideration for
promotion to be afforded officers of an armed force within a
competitive category for promotion to a particular grade, as
previously specified or modified pursuant to any provision of
this section, at the discretion of the Secretary.
``(d) Limitation on Number of Opportunities Specified.--The
number of opportunities for consideration for promotion to be
afforded officers of an armed force within a competitive
category for promotion to a particular grade, as specified or
modified pursuant to any provision of this section, may not
exceed five opportunities.
``(e) Effect of Certain Reduction in Number of
Opportunities Specified.--If, by reason of a reduction in the
number of opportunities for consideration for promotion under
this section, an officer would no longer have one or more
opportunities for consideration for promotion that were
available to the officer before the reduction, the officer
shall be afforded one additional opportunity for
consideration for promotion after the reduction.
``Sec. 15105. Promotions
``Sections 14307 through 14317 of this title shall apply in
promotions of officers in competitive categories of officers
designated for purposes of this chapter.
``Sec. 15106. Failure of selection for promotion
``(a) In General.--Except as provided in this section,
sections 14501 through 14513 of this title shall apply to
promotions of officers in competitive categories of officers
designated for purposes of this chapter.
``(b) Inapplicability of Failure of Selection for Promotion
to Officers Above Promotion Zone.--The reference in section
14501 of this title to an officer above the promotion zone
shall not apply in the promotion of officers described in
subsection (a).
[[Page S3926]]
``(c) Special Selection Board Matters.--The reference in
section 14502(a)(1) of this title to a person above the
promotion zone shall not apply in the promotion of officers
described in subsection (a).
``(d) Effect of Failure of Selection.--In the
administration of this chapter pursuant to subsection (a)--
``(1) an officer described in subsection (a) shall not be
deemed to have failed twice of selection for promotion for
purposes of section 14502(b) of this title until the officer
has failed selection of promotion to the next higher grade
the maximum number of times specified for opportunities for
promotion to such grade within the competitive category
concerned pursuant to section 15104 of this title; and
``(2) any reference in sections 14504 through 14506 of this
title to an officer who has failed of selection for promotion
to the next higher grade for the second time shall be deemed
to refer instead to an officer described in subsection (a)
who has failed of selection for promotion to the next higher
grade for the maximum number of times specified for
opportunities for promotion to such grade within the
competitive category concerned pursuant to such section
15104.
``Sec. 15107. Retirement: retirement for years of service;
selective early retirement
``(a) Retirement for Years of Service.--Sections 14507
through 14515 of this title shall apply to the retirement of
officers in competitive categories of officers designated for
purposes of this chapter.
``(b) Selective Early Retirement.--Section 14101(b) of this
title shall apply to the retirement of officers described in
subsection (a).
``Sec. 15108. Continuation on the Reserve Active-Status List
``Sections 14701 through 14703 of this title shall apply in
continuation or retention on a reserve active-status list of
officers designated for purposes of this chapter.
``Sec. 15109. Other administrative authorities
``(a) In General.--The following provisions of this title
shall apply to officers in competitive categories of officers
designated for purposes of this chapter:
``(1) Section 14518, relating to continuation of officers
to complete disciplinary action.
``(2) Section 14519, relating to deferment of retirement or
separation for medical reasons.
``(3) Section 14704, relating to the selective early
removal from the reserve active-status list.
``(4) Section 14705, relating to the selective early
retirement of reserve general and flag officers of the Navy
and Marine Corps.
``Sec. 15110. Regulations
``The Secretary of Defense shall prescribe regulations
regarding the administration of this chapter. The elements of
such regulations shall include mechanisms to clarify the
manner in which provisions of other chapters of this part of
the title shall be used in the administration of this chapter
in accordance with the provisions of this chapter.''.
(b) Table of Chapters Amendment.--The table of chapters at
the beginning of part III of subtitle E of title 10, United
States Code, is amended by adding at the end the following
new item:
``1413. Alternative promotion authority for officers in designated
competitive categories.................................15101''.....
SEC. 522. SELECTED RESERVE AND READY RESERVE ORDER TO ACTIVE
DUTY TO RESPOND TO A SIGNIFICANT CYBER
INCIDENT.
Section 12304 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``for any named
operational mission'';
(2) by redesignating subsections (c) through (j) as
subsections (d) through (k), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) Significant Cyber Incidents.--The Secretary of
Defense and the Secretary of the Department in which the
Coast Guard is operating may, without the consent of the
member affected, order any unit, and any member not assigned
to a unit organized to serve as a unit, of the Selected
Reserve or Individual Ready Reserve to active duty for a
continuous period of not more than 365 days when the
Secretary of Defense or, with respect to the Coast Guard, the
Secretary of the Department in which the Coast Guard is
operating determines it is necessary to augment the active
forces for the respective responses from the Department of
Defense or the Department of Homeland Security to a covered
incident.'';
(4) in paragraph (1) of subsection (d), as redesignated by
paragraph (2) of this section, by inserting ``or subsection
(c)'' after ``subsection (b)'';
(5) in subsection (h) (as so redesignated)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``Whenever any'' and inserting ``(1)
Whenever any''; and
(C) by adding at the end the following new paragraph:
``(2) Whenever any unit of the Selected Reserve or any
member of the Selected Reserve not assigned to a unit
organized to serve as a unit, or any member of the Individual
Ready Reserve, is ordered to active duty under authority of
subsection (c), the service of all units or members so
ordered to active duty may be terminated by--
``(A) order of the Secretary of Defense or the Secretary of
the Department in which the Coast Guard is operating; or
``(B) law.''; and
(6) in subsection (k) (as so redesignated)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) The term `covered incident' means--
``(A) a cyber incident involving a Department of Defense
information system, or a breach of a Department of Defense
system that involves personally identifiable information,
that the Secretary of Defense determines is likely to result
in demonstrable harm to the national security interests,
foreign relations, or the economy of the United States, or to
the public confidence, civil liberties, or public health and
safety of the people of the United States;
``(B) a cyber incident involving a Department of Homeland
Security information system or a breach of a Department of
Homeland Security system that involves personally
identifiable information that the Secretary of Homeland
Security determines is likely to result in demonstrable harm
to the national security interests, foreign relations, or the
economy of the United States or to the public confidence,
civil liberties, or public health and safety of the people of
the United States;
``(C) a cyber incident or collection of related cyber
incidents that the President determines is likely to result
in demonstrable harm to the national security interests,
foreign relations, or economy of the United States or to the
public confidence, civil liberties, or public health and
safety of the people of the United States; or
``(D) a significant incident declared pursuant to section
2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b).''.
SEC. 523. MOBILIZATION OF SELECTED RESERVE FOR PREPLANNED
MISSIONS IN SUPPORT OF THE COMBATANT COMMANDS.
Section 12304b(b)(1) of title 10, United States Code, is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``Units'' and inserting ``(A) Except as
provided under subparagraph (B), units''; and
(3) by adding at the end the following new subparagraph:
``(B) In the event the President's budget is delivered
later than April 1st in the year prior to the year of the
mobilization of one or more units under this section, the
Secretary concerned may submit to Congress the information
required under subparagraph (A) in a separate notice.''.
SEC. 524. ALTERNATING SELECTION OF OFFICERS OF THE NATIONAL
GUARD AND THE RESERVES AS DEPUTY COMMANDERS OF
CERTAIN COMBATANT COMMANDS.
Section 164(e)(4) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' before ``At least one deputy
commander''; and
(2) by adding at the end the following new subparagraphs:
``(B) In carrying out the requirement in subparagraph (A)
pertaining to the selection of an officer of the reserve
component, the Secretary of Defense shall alternate between
selecting an officer of the National Guard and an officer of
the Reserves no less frequently than every two terms.
``(C) The Secretary of Defense may waive the requirement
under subparagraph (B) regarding the alternating selection of
reserve component officers if the Secretary of Defense
determines that such action is in the national interest.''.
SEC. 525. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(c) Grade and Exclusion From General and Flag Officer
Authorized Strength.--(1) The Vice Chief of the National
Guard Bureau shall be appointed to serve in the grade of
general.
``(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526a of this title, the position of
Vice Chief of the National Guard Bureau as one of the general
officer and flag officer positions to be excluded from the
limitations in subsection (a) of such section.''.
Subtitle C--General Service Authorities and Military Records
SEC. 531. MODIFICATION OF LIMITATION ON ENLISTMENT AND
INDUCTION OF PERSONS WHOSE SCORE ON THE ARMED
FORCES QUALIFICATION TEST IS BELOW A PRESCRIBED
LEVEL.
Section 520(a) of title 10, United States Code, is
amended--
(1) by striking ``The number of persons'' and inserting
``(1) The number of persons'';
(2) by striking ``may not exceed 20 percent'' and inserting
``may not exceed 4 percent''; and
(3) by adding at the end the following new paragraph:
``(2) Upon the request of the Secretary concerned, the
Secretary of Defense may authorize an armed force to increase
the limitation specified in paragraph (1) to not exceed 20
percent of the total number of persons originally enlisted or
inducted to serve on active duty (other than active duty for
training) in such armed forced during such fiscal year. The
Secretary of Defense shall notify the Committees on Armed
Services of the Senate and the House of Representatives
[[Page S3927]]
not later than 30 days after using such authority.''.
SEC. 532. NON-MEDICAL COUNSELING SERVICES FOR MILITARY
FAMILIES.
Section 1781 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Non-medical Counseling Services.--(1) In carrying out
its duties under subsection (b), the Office may coordinate
programs and activities to provide non-medical counseling
services to military families through the Department of
Defense Military and Family Life Counseling Program.
``(2) A mental health care professional described in
paragraph (3) may provide non-medical counseling services at
any location in a State, the District of Columbia, or a
territory or possession of the United States, without regard
to where the professional or recipient of such services is
located or delivery of such services is provided (including
face-to-face and telehealth), if the provision of such
services is within the scope of the authorized Federal duties
of the professional.
``(3) A non-medical mental health professional described in
this subsection is a person who is--
``(A) a currently licensed mental health care provider who
holds a license that is--
``(i) issued by a State, the District of Columbia, or a
territory or possession of the United States; and
``(ii) recognized by the Secretary of Defense as an
appropriate license for the provision of non-medical
counseling services;
``(B) a member of the armed forces, a civilian employee of
the Department of Defense, or a contractor designated by the
Secretary; and
``(C) performing authorized duties for the Department of
Defense under a program or activity referred to in paragraph
(1).
``(4) The authority under this subsection shall terminate
three years after the date of the enactment of this
subsection.
``(5) In this subsection, the term `non-medical counseling
services' means mental health care services that are non-
clinical, short-term and solution focused, and address topics
related to personal growth, development, and positive
functioning.''.
SEC. 533. PRIMACY OF NEEDS OF THE SERVICE IN DETERMINING
INDIVIDUAL DUTY ASSIGNMENTS.
(a) In General.--Chapter 39 of title 10, United States
Code, is amended by inserting after section 674 the following
new section:
``Sec. 675. Primacy of needs of the service in determining
individual duty assignments
``(a) In General.--The Secretaries of the military
departments shall make duty assignments of individual members
based on the needs of the military services.
``(b) Assignments Based on Service Needs.--A
servicemember's opinion on State laws shall not take
precedence over the needs of the military services in
determining individual duty assignments.
``(c) Rule of Construction.--Nothing in this section shall
be construed as prohibiting the Secretaries of the military
departments from considering the general preferences of
members of the armed forces in making determinations about
individual duty assignments.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 674 the following new item:
``675. Primacy of needs of the service in determining individual duty
assignments.''.
SEC. 534. REQUIREMENT TO USE QUALIFICATIONS, PERFORMANCE, AND
MERIT AS BASIS FOR PROMOTIONS, ASSIGNMENTS, AND
OTHER PERSONNEL ACTIONS.
The Secretary of Defense shall ensure that all promotions,
assignments, and other personnel actions of the Armed Forces
are based primarily on qualifications, performance, and
merit.
SEC. 535. REQUIREMENT TO BASE TREATMENT IN THE MILITARY ON
MERIT AND PERFORMANCE.
(a) Findings.--Congress makes the following findings:
(1) The United States Armed Forces is the greatest civil
rights program in the history of the world.
(2) Former Chairman of the Joint Chiefs General Colin
Powell wrote that ``the military [has] given African-
Americans more equal opportunity than any other institution
in American society''.
(3) Today's Armed Forces is the most diverse large public
institution in the country, and brings together Americans
from every background in the service of defending the
country.
(4) Military readiness depends on the guarantee of equal
opportunity, without the promise of an equal outcome, because
warfare is a competitive endeavor and the nation's enemies
must know that the United States Armed Forces is led by the
best, brightest, and bravest Americans.
(5) The tenets of critical race theory are antithetical to
the merit-based, all-volunteer, military that has served the
country with great distinction for the last 50 years.
(b) Definition of Equity.--For the purposes of any
Department of Defense Diversity, Equity, and Inclusion
directive, program, policy, or instruction, the term
``equity'' is defined as ``the right of all persons to have
the opportunity to participate in, and benefit from,
programs, and activities for which they are qualified''.
(c) Prohibitions.--
(1) Directives.--The Department of Defense shall not direct
or otherwise compel any member of the Armed Forces, military
dependent, or civilian employee of the Department of Defense
to personally affirm, adopt, or adhere to the tenet that any
sex, race, ethnicity, religion or national origin is
inherently superior or inferior.
(2) Training and instruction.--No organization or
institution under the authority of the Secretary of Defense
may provide courses, training, or any other type of
instruction that directs, compels, or otherwise suggests that
members of the Armed Forces, military dependents, or civilian
employees of the Department of Defense should affirm, adopt,
or adhere to the tenet described in paragraph (1).
(3) Distinctions and classifications.--
(A) In general.--No organization or institution under the
authority of the Secretary of Defense shall make a
distinction or classification of members of the Armed Forces,
military dependents, or civilian employees of the Department
of Defense based on account of race, ethnicity, or national
origin.
(B) Rule of construction.--Nothing in this paragraph shall
be construed to prohibit the required collection or reporting
of demographic information by the Department of Defense.
(d) Merit Requirement.--All Department of Defense personnel
actions, including accessions, promotions, assignments and
training, shall be based exclusively on individual merit and
demonstrated performance.
SEC. 536. TIGER TEAM FOR OUTREACH TO FORMER MEMBERS.
(a) Establishment of Tiger Team.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a team (commonly known as a ``tiger team'' and
referred to in this section as the ``Tiger Team'')
responsible for conducting outreach to build awareness among
former members of the Armed Forces of the process established
pursuant to section 527 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1552
note) for the review of discharge characterizations by
appropriate discharge boards. The Tiger Team shall consist of
appropriate personnel of the Department of Defense assigned
to the Tiger Team by the Secretary for purposes of this
section.
(2) Tiger team leader.--One of the persons assigned to the
Tiger Team under paragraph (1) shall be a senior-level
officer or employee of the Department who shall serve as the
lead official of the Tiger Team (in this section referred to
as the ``Tiger Team Leader'') and who shall be accountable
for the activities of the Tiger Team under this section.
(3) Report on composition.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report setting forth the names of the
personnel of the Department assigned to the Tiger Team
pursuant to this subsection, including the positions to which
assigned. The report shall specify the name of the individual
assigned as Tiger Team Leader.
(b) Duties.--
(1) In general.--The Tiger Team shall conduct outreach to
build awareness among veterans of the process established
pursuant to section 527 of the National Defense Authorization
Act for Fiscal Year 2020 for the review of discharge
characterizations by appropriate discharge boards.
(2) Collaboration.--In conducting activities under this
subsection, the Tiger Team Leader shall identify appropriate
external stakeholders with whom the Tiger Team shall work to
carry out such activities. Such stakeholders shall include
representatives of veterans service organizations and such
other stakeholders as the Tiger Team Leader considers
appropriate.
(3) Initial report.--Not later than 210 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress the following:
(A) A plan setting forth the following:
(i) A description of the manner in which the Secretary,
working through the Tiger Team and in collaboration with
external stakeholders described in paragraph (2), shall
identify individuals who meet the criteria in section 527(b)
of the National Defense Authorization Act for Fiscal Year
2020 for review of discharge characterization.
(ii) A description of the manner in which the Secretary,
working through the Tiger Team and in collaboration with the
external stakeholders, shall improve outreach to individuals
who meet the criteria in section 527(b) of the National
Defense Authorization Act for Fiscal Year 2020 for review of
discharge characterization, including through--
(I) obtaining contact information on such individuals; and
(II) contacting such individuals on the process established
pursuant to section 527 of the National Defense Authorization
Act for Fiscal Year 2020 for the review of discharge
characterizations.
(B) A description of the manner in which the work described
in clauses (i) and (ii) of subparagraph (A) will be carried
out, including an allocation of the work among the Tiger Team
and the external stakeholders.
(C) A schedule for the implementation, carrying out, and
completion of the plan required under subparagraph (A).
(D) A description of the additional funding, personnel, or
other resources of the Department required to carry out the
plan required
[[Page S3928]]
under subparagraph (A), including any modification of
applicable statutory or administrative authorities.
(4) Implementation of plan.--
(A) In general.--The Secretary shall implement and carry
out the plan submitted under subparagraph (A) of paragraph
(3) in accordance with the schedule submitted under
subparagraph (C) of that paragraph.
(B) Updates.--Not less frequently than once every 90 days
after the submittal of the report under paragraph (3), the
Tiger Team shall submit to Congress an update on the carrying
out of the plan submitted under subparagraph (A) of that
paragraph.
(5) Final report.--Not later than 3 years after the date of
the enactment of this Act, the Tiger Team shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a final report on the activities of the Tiger
Team under this subsection. The report shall set forth the
following:
(A) The number of individuals discharged under Don't Ask,
Don't Tell or a similar policy prior to the enactment of
Don't Ask, Don't Tell.
(B) The number of individuals described in subparagraph (A)
who availed themselves of a review of discharge
characterization (whether through discharge review or
correction of military records) through a process established
prior to the enactment of this Act.
(C) The number of individuals contacted through outreach
conducted pursuant to this section.
(D) The number of individuals described in subparagraph (A)
who availed themselves of a review of discharge
characterization through the process established pursuant to
section 527 of the National Defense Authorization Act for
Fiscal Year 2020.
(E) The number of individuals described in subparagraph (D)
whose review of discharge characterization resulted in a
change of characterization to honorable discharge.
(F) The total number of individuals described in
subparagraph (A), including individuals also covered by
subparagraph (E), whose review of discharge characterization
since September 20, 2011 (the date of repeal of Don't Ask,
Don't Tell), resulted in a change of characterization to
honorable discharge.
(6) Termination.--On the date that is 60 days after the
date on which the final report required by paragraph (5) is
submitted, the Secretary shall terminate the Tiger Team.
(c) Additional Reports.--
(1) Review.--The Secretary of Defense shall conduct a
review of the consistency and uniformity of the reviews
conducted pursuant to section 527 of the National Defense
Authorization Act for Fiscal Year 2020.
(2) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-
year period, the Secretary shall submit to Congress a report
on the reviews under paragraph (1). Such reports shall
include any comments or recommendations for continued
actions.
(d) Don't Ask, Don't Tell Defined.--In this section, the
term ``Don't Ask, Don't Tell'' means section 654 of title 10,
United States Code, as in effect before such section was
repealed pursuant to the Don't Ask, Don't Tell Repeal Act of
2010 (Public Law 111-321).
SEC. 537. DIVERSITY, EQUITY, AND INCLUSION PERSONNEL GRADE
CAP.
(a) In General.--The Secretary concerned may not appoint
to, or otherwise employ in, any position with sole duties as
described in subsection (b) a military or civilian employee
paid annual pay at a rate that exceeds the equivalent of the
rate payable for GS-10, not adjusted for locality.
(b) Covered Duties.--The duties referred to in subsection
(a) are as follows:
(1) Developing, refining, and implementing diversity,
equity, and inclusion policy.
(2) Leading working groups and councils to developing
diversity, equity, and inclusion goals and objectives to
measure performance and outcomes.
(3) Creating and implementing diversity, equity, and
inclusion education, training courses, and workshops for
military and civilian personnel.
(c) Applicability to Current Employees.--Any military or
civilian employee appointed to a position with duties
described in subsection (b) who is paid annual pay at a rate
that exceeds the amount allowed under subsection (a) shall be
reassigned to another position not later than 180 days after
the date of the enactment of this Act.
Subtitle D--Military Justice and Other Legal Matters
SEC. 541. ESTABLISHMENT OF STAGGERED TERMS FOR MEMBERS OF THE
MILITARY JUSTICE REVIEW PANEL.
(a) Appointment to Staggered Terms.--Subsection (b) of
section 946 of title 10, United States Code (article 146 of
the Uniform Code of Military Justice), is amended by adding
at the end the following new paragraph:
``(4) Establishment of staggered terms.--Notwithstanding
subsection (e), members of the Panel appointed to serve on
the Panel to fill vacancies that exist due to terms of
appointment expiring during the period beginning on August 1,
2030, and ending on August 31, 2030, shall be appointed to
terms as follows:
``(A) Three members designated by the Secretary of Defense
shall serve a term of two years.
``(B) Three members designated by the Secretary of Defense
shall serve a term of four years.
``(C) Three members designated by the Secretary of Defense
shall serve a term of six years.
``(D) Four members designated by the Secretary of Defense
shall serve a term of eight years.''.
(b) Term; Vacancies.--Subsection (e) of such section is
amended to read as follows:
``(e) Term; Vacancies.--
``(1) Term.--Subject to subsection (b)(4) and paragraphs
(2) and (3) of this subsection, each member shall be
appointed for a term of eight years, and no member may serve
more than one term.
``(2) Vacancy.--Any vacancy in the Panel shall be filled in
the same manner as the original appointment. A member
appointed to fill a vacancy in the Panel that occurs before
the expiration of the term of appointment of the predecessor
of such member shall be appointed for the remainder of the
term of such predecessor.
``(3) Availability of reappointment for certain members.--
Notwithstanding paragraph (1), a member of the Panel may be
appointed to a single additional term if--
``(A) the appointment of the member is to fill a vacancy
described in subsection (b)(4); or
``(B) the member was initially appointed to--
``(i) a term of four years or less in accordance with
subsection (b)(4); or
``(ii) fill a vacancy that occurs before the expiration of
the term of the predecessor of such member and for which the
remainder of the term of such predecessor is four years or
less.''.
SEC. 542. TECHNICAL AND CONFORMING AMENDMENTS TO THE UNIFORM
CODE OF MILITARY JUSTICE.
(a) Technical Amendment Relating to Guilty Pleas for
Murder.--Section 918 of title 10, United States Code (article
118 of the Uniform Code of Military Justice), is amended--
(1) by striking ``he'' both places it appears and inserting
``such person''; and
(2) in the matter following paragraph (4), by striking the
period and inserting ``, unless such person is otherwise
sentenced in accordance with a plea agreement entered into
between the parties under section 853a (article 53a).''.
(b) Technical Amendments Relating to the Military Justice
Reforms in the National Defense Authorization Act for Fiscal
Year 2022.--
(1) Article 16.--Subsection (c)(2)(A) of section 816 of
title 10, United States Code (article 16 of the Uniform Code
of Military Justice), is amended by striking ``by the
convening authority''.
(2) Article 25.--Section 825 of title 10, United States
Code (article 25 of the Uniform Code of Military Justice), is
amended--
(A) in subsection (d)--
(i) in paragraph (1), by striking ``may, after the findings
are announced and before any matter is presented in the
sentencing phase, request, orally on the record or in
writing, sentencing by the members'' and inserting ``shall be
sentenced by the military judge''; and
(ii) by amending paragraph (2) to read as follows:
``(2) In a capital case, if the accused is convicted of an
offense for which the court-martial may sentence the accused
to death, the accused shall be sentenced in accordance with
section 853(c) of this title (article 53(c)).'';
(B) in subsection (e)--
(i) in paragraph (1), by striking ``him'' and inserting
``the member being tried''; and
(ii) in paragraph (2)--
(I) in the first sentence, by striking ``his opinion'' and
inserting ``the opinion of the convening authority''; and
(II) in the second sentence, by striking ``he'' and
inserting ``the member''; and
(C) in subsection (f)--
(i) by striking ``his authority'' and inserting ``the
authority of the convening authority''; and
(ii) by striking ``his staff judge advocate or legal
officer'' and inserting ``the staff judge advocate or legal
officer of the convening authority''.
(c) Authority of Special Trial Counsel With Respect to
Certain Offenses Occurring Before Effective Date of Military
Justice Reforms Enacted in the National Defense Authorization
Act for Fiscal Year 2022.--
(1) Authority.--Section 824a of title 10, United States
Code, as added by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81),
is amended by adding at the end the following new subsection:
``(d) Special Trial Counsel Authority Over Certain Other
Offenses.--
``(1) Offenses occurring before effective date.--A special
trial counsel may, at the sole and exclusive discretion of
the special trial counsel, exercise authority over the
following offenses:
``(A) An offense under section 917a (article 117a), 918
(article 118), section 919 (article 119), section 920
(article 120), section 920b (article 120b), section 920c
(article 120c), section 928b (article 128b), or the
standalone offense of child pornography punishable under
section 934 (article 134) of this title that occurred on or
before December 27, 2023.
``(B) An offense under section 925 (article 125), section
930 (article 130), or section 932 (article 132) of this title
that occurred on or after January 1, 2019, and before
December 28, 2023.
[[Page S3929]]
``(C) An offense under section 920a (article 120a) of this
title, an offense under section 925 (article 125) of this
title alleging an act of nonconsensual sodomy, or the
standalone offense of kidnapping punishable under section 934
(article 134) of this title that occurred before January 1,
2019.
``(D) A conspiracy to commit an offense specified in
subparagraph (A), (B), or (C) as punishable under section 881
of this title (article 81).
``(E) A solicitation to commit an offense specified in
subparagraph (A), (B), or (C) as punishable under section 882
of this title (article 82).
``(F) An attempt to commit an offense specified in
subparagraph (A), (B), (C), (D), or (E) as punishable under
section 880 of this title (article 80).
``(2) Effect of exercise of authority.--
``(A) Treatment as covered offense.--If a special trial
counsel exercises authority over an offense pursuant to
paragraph (1), the offense over which the special trial
counsel exercises authority shall be considered a covered
offense for purposes of this chapter.
``(B) Known or related offenses.--If a special trial
counsel exercises authority over an offense pursuant to
paragraph (1), the special trial counsel may exercise the
authority of the special trial counsel under subparagraph (B)
of subsection (c)(2) with respect to other offenses described
in that subparagraph without regard to the date on which the
other offenses occur.''.
(2) Conforming amendment to effective date.--Section
539C(a) of the National Defense Authorization Act for Fiscal
Year 2022 (10 U.S.C. 801 note; Public Law 117-81) is amended
by striking ``and shall'' and inserting ``and, except as
provided in section 824a(d) of title 10, United States Code
(article 24a of the Uniform Code of Military Justice),
shall''.
(d) Clarification of Applicability of Domestic Violence and
Stalking to Dating Partners.--
(1) Article 128b; domestic violence.--Section 928b of title
10, United States Code (article 128b of the Uniform Code of
Military Justice), is amended--
(A) in the matter preceding paragraph (1), by striking
``Any person'' and inserting ``(a) In General.--Any person'';
(B) in subsection (a), as designated by paragraph (1) of
this section, by inserting ``a dating partner,'' after ``an
intimate partner,'' each place it appears; and
(C) by adding at the end the following new subsection:
``(b) Definitions.--In this section (article), the terms
`dating partner', `immediate family', and `intimate partner'
have the meaning given such terms in section 930 of this
title (article 130 of the Uniform Code of Military
Justice).''.
(2) Article 130; stalking.--Section 930 of such title
(article 130 of the Uniform Code of Military Justice) is
amended--
(A) in subsection (a), by striking ``or to his or her
intimate partner'' each place it appears and inserting ``to
his or her intimate partner, or to his or her dating
partner''; and
(B) in subsection (b)--
(i) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(ii) by inserting after paragraph (2) the following new
paragraph:
``(3) The term `dating partner', in the case of a specific
person, means a person who is or has been in a social
relationship of a romantic or intimate nature with such
specific person based on a consideration of--
``(A) the length of the relationship;
``(B) the type of relationship;
``(C) the frequency of interaction between the persons
involved in the relationship; and
``(D) the extent of physical intimacy or sexual contact
between the persons involved in the relationship.''.
(e) Effective Date.--The amendments made by subsection (b)
and subsection (c)(1) shall take effect immediately after the
coming into effect of the amendments made by part 1 of
subtitle D of title V of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) as provided in
section 539C of that Act (10 U.S.C. 801 note).
SEC. 543. ANNUAL REPORT ON INITIATIVE TO ENHANCE THE
CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS TO PREVENT AND COMBAT CHILD
SEXUAL EXPLOITATION.
In order to effectively carry out the initiative under
section 550D of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1561 note
prec.), the Secretary of Defense shall carry out the
following actions:
(1) Not later than 90 days after the date of the enactment
of this Act, and annually thereafter, submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives an annual report on
the progress of the initiative carried out under such
section, outlining specific actions taken and planned to
detect, combat, and stop the use of the Department of Defense
network to further online child sexual exploitation (CSE).
(2) Develop partnerships and execute collaborative
agreements with functional experts, including highly
qualified national child protection organizations or law
enforcement training centers with demonstrated expertise in
the delivery of law enforcement training, to identify,
investigate and prosecute individuals engaged in online CSE.
(3) Establish mandatory training for Department of Defense
criminal investigative organizations and personnel at
military installations to maintain capacity and address
turnover and relocation issues.
Subtitle E--Member Education, Training, Transition
SEC. 551. FUTURE SERVICEMEMBER PREPARATORY COURSE.
(a) Requirement.--If the number of nonprior service
enlisted personnel covered under section 520 of title 10,
United States Code, exceeds 10 percent of the total number of
persons originally enlisted in an Armed Force during a fiscal
year, the Secretary concerned shall establish a future
servicemember preparatory course within the Armed Force
concerned.
(b) Purpose.--The course established under subsection (a)
shall be designed to improve the physical and aptitude
qualifications of military recruits.
(c) Criteria.--Each course established under this section
shall comply with the following requirements:
(1) Enrollment.--All nonprior service enlisted persons
whose score on the Armed Forces Qualification Test is at or
above the twentieth percentile and below the thirty-first
percentile must be enrolled in the course prior to attending
initial basic training.
(2) Graduation requirement.--Prior to attending initial
basic training, all enlisted persons attending the course
established under this section must achieve a score that
exceeds the thirty-first percentile of the Armed Forces
Qualification Test.
(3) Effect of course failure.--Any enlisted person who
fails to achieve course graduation requirements within 180
days of enlistment shall be separated under regulations
prescribed by the Secretary concerned.
SEC. 552. DETERMINATION OF ACTIVE DUTY SERVICE COMMITMENT FOR
RECIPIENTS OF FELLOWSHIPS, GRANTS, AND
SCHOLARSHIPS.
Section 2603(b) of title 10, United States Code, is amended
by striking ``at least three times the length of the period
of the education or training.'' and inserting ``determined by
the Secretary concerned. Notwithstanding sections 2004(c),
2004a(f), and 2004b(e) of this title, the service obligation
required under this subsection may run concurrently with any
service obligations incurred under chapter 101 of this title
in accordance with regulations established by the Secretary
concerned.''.
SEC. 553. MILITARY SERVICE ACADEMY PROFESSIONAL SPORTS
PATHWAY REPORT AND LEGISLATIVE PROPOSAL
REQUIRED.
(a) Legislative Proposal.--Not later than March 1, 2024,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report including the following elements:
(1) A legislative proposal that would--
(A) update and clarify the legislative framework related to
the ability of military service academy graduates to pursue
employment as a professional athlete prior to serving at
least 5 years on active duty; and
(B) retain the existing requirement that all military
service academy graduates must serve for 2 years on active
duty before affiliating with the reserves to pursue
employment as a professional athlete.
(2) A description of amendments to current law that would
be necessary to implement the legislative proposal described
under paragraph (1).
(b) Report Required.--Not later than March 1, 2024, and
annually thereafter, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives a report that includes the following
information:
(1) The name, military service, and sport of each military
service graduate released or deferred from active service in
order to participate in professional sports.
(2) A description of the sports career progress of each
participant, such as drafted, signed, released, or returned
to military service.
(3) A summary by participant of marketing strategy and
recruiting related activities conducted.
(4) A description by participant of the assessments
conducted by the military services to determine the
recruiting value associated with approved releases from
active duty.
(5) The current status of each participant, including, as
appropriate, affiliated franchise.
SEC. 554. COMMUNITY COLLEGE ENLISTED TRAINING CORPS
DEMONSTRATION PROGRAM.
(a) Demonstration Program.--
(1) In general.--Not later than August 1, 2025, the
Secretary concerned shall establish within each military
department an Enlisted Training Corps demonstration program
for the purpose of introducing students to the military, and
preparing selected students for enlisted service in the Army,
Navy, Air Force, Marine Corps, or Space Force.
(2) Location.--Demonstration programs established under
this section shall be located at a community or junior
college. No program may be established at a military college
or military junior college as defined for purposes of section
2107a of title 10, United States Code.
(b) Eligibility for Membership.--To be eligible for
membership in a program under this section, a person must be
a student at an institution where a unit of the Enlisted
Training Corps is located.
[[Page S3930]]
(c) Instructors.--The Secretary concerned may assign as an
instructor for a unit established under this section an
individual eligible to serve as an instructor under section
2111 or section 2031 of title 10, United States Code.
Instructors who are not currently members on active duty
shall be paid in a manner consistent with section 2031 of
title 10, United States Code.
(d) Financial Assistance.--The Secretary of the military
department concerned may provide financial assistance to
persons enrolled in a unit of the Enlisted Training Corps in
exchange for an agreement in writing that the person enlist
in the active component of the military department concerned
upon graduation or disenrollment from the community college.
Financial assistance provided under this subsection may
include tuition, living expenses, stipend, or other payment.
(e) Curriculum.--The Secretary concerned shall ensure that
any programs created under this section include as part of
the curriculum the following:
(1) An introduction to the benefits of military service.
(2) Military history.
(3) Military customs and courtesies.
(4) Physical fitness requirements.
(5) Instruction on ethical behavior and decisionmaking.
(f) Reporting Requirement.--Not later than one year after
the date of the enactment of this Act, and annually
thereafter until the date specified by subsection (g), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the status of the demonstration program required by
this section.
(g) Sunset.--The requirements of this provision shall
sunset on September 30, 2030.
SEC. 555. LANGUAGE TRAINING CENTERS FOR MEMBERS OF THE ARMED
FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT
OF DEFENSE.
Section 529 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2001 note
prec.) is amended--
(1) in subsection (a), by striking ``may carry out a
program'' and inserting ``shall carry out a program'';
(2) by redesignating subsection (e) as subsection (f);
(3) by inserting after subsection (d) the following new
subsection:
``(e) Contract Authority.--The Secretary of Defense may
enter into one or more contracts, cooperative agreements, or
grants with private national organizations having an
expertise in foreign languages, area studies, and other
international fields, for the awarding of grants to
accredited universities, senior military colleges, or other
similar institutions of higher education to establish and
maintain language training centers authorized by subsection
(a).''; and
(4) in subsection (f), as redesignated by paragraph (2)--
(A) by striking ``one year after the date of the
establishment of the program authorized by subsection (a)''
and inserting ``180 days after the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2024'';
(B) by striking ``report on the program'' and inserting
``report on the Language Training Center program'';
(C) by redesignating paragraph (4) as paragraph (5);
(D) by inserting after paragraph (3) the following new
paragraph:
``(4) An assessment of the resources required to carry out
the Language Training Center program by year through fiscal
year 2027.''; and
(E) in paragraph (5), as redesignated by subparagraph (C),
by striking ``A recommendation whether the program should be
continued and, if so, recommendations as to any modifications
of the program'' and inserting ``Recommendations as to any
modifications to the Language Training Center program''.
SEC. 556. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION
OF ARMY CID SPECIAL AGENT TRAINING COURSE.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act for fiscal year 2024 for the Army to
relocate an Army CID special agent training course may be
obligated or expended until--
(1) the Secretary of the Army submits to the Committees on
Armed Services of the Senate and the House of Representatives
a separate report on any plans of the Secretary to relocate
an Army CID special agent training course, including an
explanation of the business case for any transfer of training
personnel proposed as part of such plan; and
(2) the Secretary provides to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the contents of the report specified in paragraph
(1).
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to an
Army CID special agent training course, means the transfer of
such course to a location different than the location used
for such course as of the date of the enactment of this Act.
(2) The term ``Army CID special agent training course''
means a training course provided to members of the Army to
prepare such members for service as special agents in the
Army Criminal Investigation Division.
SEC. 557. ARMY PHYSICAL FITNESS TEST.
(a) In General.--The physical fitness test of record for
the United States Army in compliance with Department of
Defense Instruction 1308.03, or any successor regulation, is
the Army Physical Fitness Test according to the grading and
evaluation scale as it existed on January 1, 2020. This test
shall be the baseline test of physical fitness for members of
the Army and administered at least annually, except when
operational requirements or contingency operations would make
such test administration impracticable.
(b) Updates and Modifications.--Notwithstanding subsection
(a), the Army may update, replace, or modify the events and
scoring standards in the Army Physical Fitness Test as the
needs of the Army require after a robust pilot and testing
period of at least 24 months. Such modifications shall not
take effect until the date that is one year after the
Secretary of the Army has provided a briefing on the planned
changes to the Committees on Armed Services of the Senate and
the House of Representatives.
(c) Rule of Construction.--Nothing in this section
prohibits the Army from using the Army Combat Fitness Test,
or any other physical assessment the Army may develop, as a
supplemental tool to assess physical fitness for all or parts
of the force. Army Commanders may also require higher
standards than the Army-wide grading scale for promotions,
awards, schools and similar actions. Such supplemental
assessment shall not constitute the baseline physical fitness
assessment of record for the Army unless it is incorporated
into the Army Physical Fitness Test using the procedure
described in subsection (b).
SEC. 558. OPT-OUT SHARING OF INFORMATION ON MEMBERS RETIRING
OR SEPARATING FROM THE ARMED FORCES WITH
COMMUNITY-BASED ORGANIZATIONS AND RELATED
ENTITIES.
Section 570F of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1142 note) is
amended--
(1) in subsection (c)--
(A) by striking ``out the form to indicate an email
address'' and inserting the following: ``out the form to
indicate--
``(1) an email address; and''; and
(B) by adding at the end the following new paragraph:
``(2) if the individual would like to opt-out of the
transmittal of the individual's information to and through a
State veterans agency as described in subsection (a).''; and
(2) by amending subsection (d) to read as follows:
``(d) Opt-out of Information Sharing.--Information on an
individual shall be transmitted to and through a State
veterans agency as described in subsection (a) unless the
individual indicates pursuant to subsection (c)(2) that the
individual would like to opt out of such transmittal.''.
SEC. 559. ESTABLISHMENT OF PROGRAM TO PROMOTE PARTICIPATION
OF FOREIGN STUDENTS IN THE SENIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Establishment.--
(1) In general.--Not later than January 1, 2025, the
Secretary of Defense shall establish a program using the
authority provided under section 2103(b) of title 10, United
States Code, to promote the participation of foreign students
in the Senior Reserve Officers' Training Corps (in this
section referred to as the ``Program'').
(2) Organization.--The Secretary of Defense, in
consultation with the Director of the Defense Security
Cooperation Agency, the Secretaries of the military
departments, the commanders of the combatant commands, the
participant institutions in the Senior Reserve Officers'
Training Corps program, and any other individual the
Secretary of Defense considers appropriate, shall be
responsible for, and shall oversee, the Program.
(b) Objective.--The objective of the Program is to promote
the readiness and interoperability of the United States Armed
Forces and the military forces of partner countries by
providing a high-quality, cost effective military-based
educational experience for foreign students in furtherance of
the military-to-military program objectives of the Department
of Defense and to enhance the educational experience and
preparation of future United States military leaders through
increased, extended interaction with highly qualified
potential foreign military leaders.
(c) Activities.--
(1) In general.--Under the Program, the Secretary of
Defense shall--
(A) identify to the military services' Senior Reserve
Officers' Training Corps program the foreign students who,
based on criteria established by the Secretary, the Secretary
recommends be considered for admission under the Program;
(B) coordinate with partner countries to evaluate interest
in and promote awareness of the Program;
(C) establish a mechanism for tracking an alumni network of
foreign students who participate in the Program; and
(D) to the extent practicable, work with the participant
institutions in the Senior Reserve Officers' Training Corps
program and partner countries to identify academic
institutions and programs that--
(i) have specialized academic programs in areas of study of
interest to participating countries; or
[[Page S3931]]
(ii) have high participation from or significant diaspora
populations from participating countries.
(d) Strategy.--
(1) In general.--Not later than September 30, 2024, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a strategy for the
implementation of the Program.
(2) Elements.--The strategy required by paragraph (1) shall
include the following elements:
(A) A governance structure for the Program, including--
(i) the officials tasked to oversee the Program;
(ii) the format of the governing body of the Program;
(iii) the functions and duties of such governing body with
respect to establishing and maintaining the Program; and
(iv) mechanisms for coordinating with partner countries
whose students are selected to participate in the Program.
(B) A list of additional authorities, appropriations, or
other congressional support necessary to ensure the success
of the Program.
(C) A description of targeted partner countries and
participant institutions in the Senior Reserve Officers'
Training Corps for the first three fiscal years of the
Program, including a rationale for selecting such initial
partners.
(D) A description of opportunities and potential timelines
for future Program expansion, as appropriate.
(E) A description of the mechanism for tracking the alumni
network of participants of the Program.
(F) Any other information the Secretary of Defense
considers appropriate.
(e) Report.--
(1) In general.--Not later than September 20, 2025, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees (as defined in section
101 of title 10, United States Code) a report on the Program.
(2) Elements.--Each report required by paragraph (1) shall
include the following elements:
(A) A narrative summary of activities conducted as part of
the Program during the preceding fiscal year.
(B) An overview of participant Senior Reserve Officers'
Training Corps programs, individuals, and countries, to
include a description of the areas of study entered into by
the students participating in the Program.
(C) A description of opportunities and potential timelines
for future Program expansion, as appropriate.
(D) Any other information the Secretary of Defense
considers appropriate.
(f) Limitation on Authority.--The Secretary of Defense may
not use the authority provided under this section to pay for
tuition or room and board for foreign students who
participate in the Program.
(g) Termination.--The Program shall terminate on December
31, 2029.
SEC. 560. CONSIDERATION OF STANDARDIZED TEST SCORES IN
MILITARY SERVICE ACADEMY APPLICATION PROCESS.
The Secretary of Defense shall ensure that the United
States Military Academy, the United States Naval Academy, and
the United States Air Force Academy require the submission
and consideration of standardized test scores as part of the
their application processes.
SEC. 560A. EXTENSION OF TROOPS FOR TEACHERS PROGRAM TO THE
JOB CORPS.
Section 1154 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking ``; or'' and
inserting s semicolon;
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following new subparagraph:
``(C) a Job Corps center as defined in section 147 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3197).'';
and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``; or'' and inserting
s semicolon;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following new subparagraph:
``(D) a Job Corps center as defined in section 147 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3197).'';
(2) in subsection (d)(4)(A)(ii), by inserting ``or Job
Corps centers'' after ``secondary schools''; and
(3) in subsection (e)(2)(E), by inserting ``or Job Corps
center'' after ``secondary school''.
Subtitle F--Military Family Readiness and Dependents' Education
SEC. 561. PILOT PROGRAM ON RECRUITMENT AND RETENTION OF
EMPLOYEES FOR CHILD DEVELOPMENT PROGRAMS.
(a) In General.--The Secretary of Defense may develop and
implement a pilot program to assess the effectiveness of
increasing compensation for employees of child development
programs on military installations in improving the ability
of such programs to recruit and retain such employees.
(b) Compensation.--If the Secretary implements the pilot
program authorized by subsection (a), the Secretary shall
provide for the payment of compensation to employees of child
development programs under the pilot program at a fair and
competitive wage in keeping with market conditions.
(c) Selection of Locations.--
(1) In general.--If the Secretary implements the pilot
program authorized by subsection (a), the Secretary shall
select not fewer than five military installations for
purposes of carrying out the pilot program.
(2) Considerations.--In selecting military installations
under paragraph (1), the Secretary shall consider military
installations with child development programs--
(A) with a shortage of qualified employees; or
(B) subject to other conditions identified by the Secretary
that affect the ability of the programs to operate at full
capacity.
(d) Regulations.--The Secretary may prescribe such
regulations as are necessary to carry out this section.
(e) Duration of Pilot Program.--If the Secretary implements
the pilot program authorized by subsection (a), the pilot
program shall--
(1) commence on the date on which the Secretary prescribes
regulations under subsection (d); and
(2) terminate on the date that is 3 years after the date
described in paragraph (1).
(f) Briefings Required.--
(1) Initial briefing.--If the Secretary implements the
pilot program authorized by subsection (a), the Secretary
shall, when the pilot program commences in accordance with
subsection (e)(1), brief the Committees on Armed Services of
the Senate and the House of Representatives on--
(A) the military installations selected under subsection
(c) for purposes of carrying out the pilot program; and
(B) the data that informed those selections.
(2) Final briefing.--If the Secretary implements the pilot
program authorized by subsection (a), the Secretary shall,
not later than 180 days before the pilot program terminates
in accordance with subsection (e)(2), brief the Committees on
Armed Services of the Senate and the House of Representatives
on the outcomes and findings of the pilot program,
including--
(A) data collected and analyses conducted under the pilot
program with respect to the relationship between increased
compensation for employees of child development programs and
improved recruitment or retention of those employees; and
(B) any recommendations with respect to increases in
compensation for employees of child development programs
across the Department of Defense as a result of the pilot
program.
(g) Child Development Program Defined.--In this section,
the term ``child development program'' means a program to
provide child care services for children, between birth
through 12 years of age, of members of the Armed Forces and
civilian employees of the Department of Defense.
SEC. 562. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MILITARY AND
CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational
Agencies That Benefit Dependents of Members of the Armed
Forces and Department of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of
military dependent students.--Of the amount authorized to be
appropriated for fiscal year 2024 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$50,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(2) Local educational agency defined.--In this subsection,
the term ``local educational agency'' has the meaning given
that term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2024 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2024 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$20,000,000 shall be available for use by the Secretary of
Defense to make payments to local educational agencies
determined by the Secretary to have higher concentrations of
military children with severe disabilities.
(3) Report.--Not later than March 31, 2024, the Secretary
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the Department's
evaluation of each local educational agency with higher
concentrations of military children with severe disabilities
and subsequent determination of the amounts of impact aid
each such agency shall receive.
[[Page S3932]]
SEC. 563. MODIFICATIONS TO ASSISTANCE TO LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF
THE ARMED FORCES WITH ENROLLMENT CHANGES DUE TO
BASE CLOSURES, FORCE STRUCTURE CHANGES, OR
FORCE RELOCATIONS.
(a) In General.--Section 575 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (20
U.S.C. 7703d) is amended--
(1) in subsection (a)--
(A) by striking ``year, the local educational agency'' and
all that follows through ``(as determined'' and inserting
``year, the local educational agency had (as determined'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and by moving such
paragraphs, as so redesignated, two ems to the left; and
(D) in paragraph (2), as redesignated by subparagraph (C),
by striking ``; or'' and inserting a period;
(2) in subsection (f)--
(A) by striking ``The Secretary of Defense'' and inserting
the following:
``(1) In general.--The Secretary of Defense, acting through
the Director of the Office of Local Defense Community
Cooperation,''; and
(B) by adding at the end the following:
``(2) Method of disbursement.--The Director shall make
disbursements under paragraph (1) using existing authorities
of the Office.'';
(3) by striking subsection (h); and
(4) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
(b) Briefing Required.--Not later than March 1, 2024, the
Director of the Office of Local Defense Community Cooperation
shall brief the Committees of the Armed Services of the
Senate and the House of Representatives on--
(1) any additional authorities that would be helpful to the
Office in its efforts to better support local educational
agencies; and
(2) any actions taken to implement the recommendations
outlined in the March 2008 report entitled ``Update to the
Report on Assistance to Local Educational Agencies for
Defense Dependents Education'' and required by section 574(c)
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2227) (as in
effect on the date of the enactment of that Act).
SEC. 564. ASSISTANCE FOR MILITARY SPOUSES TO OBTAIN DOULA
CERTIFICATIONS.
Section 1784a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f) Doula Certifications.--In carrying out the programs
authorized by subsection (a), the Secretary shall provide
assistance to the spouse of a member of the armed forces
described in subsection (b) in obtaining a doula
certification provided by an organization that receives
reimbursement under the extramedical maternal health
providers demonstration project required by section 746 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 1073 note).''.
Subtitle G--Junior Reserve Officers' Training Corps
SEC. 571. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
Section 2031 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``The President shall promulgate'' and
inserting ``The Secretary of Defense shall promulgate''; and
(B) by striking ``maintained, and shall provide'' and all
that follows through the period at the end and inserting
``maintained.''; and
(2) by adding at the end the following new subsection:
``(g)(1) The Secretary of Defense shall establish and
support not less than 3,400, and not more than 4,000, units
of the Junior Reserve Officers' Training Corps.
``(2) The requirement under paragraph (1) shall not apply--
``(A) if the Secretary fails to receive an adequate number
of requests for Junior Reserve Officer's Training Corps units
by public and private secondary educational institutions; and
``(B) during a time of national emergency when the
Secretaries of the military departments determine that
funding must be allocated elsewhere.''.
SEC. 572. JROTC PROGRAM CERTIFICATION.
Section 2031 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(i)(1) The Secretary of Defense may suspend or place on
probation a Junior Reserve Officers' Training Corps unit that
fails to comply with provisions of the standardized
memorandum of understanding required pursuant to subsection
(b).
``(2) Not later than one year after the date of the
enactment of this subsection, and annually thereafter for
four years, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
including information on units suspended or placed on
probation pursuant to this subsection and a justification for
the reinstatement of any such unit.
``(3) A unit may be placed on probation for a period of up
to three years for failing to comply with the provisions of
the standardized memorandum of understanding or any other
requirement in this section. A unit may be suspended if,
after the three-year probationary period, such unit remains
out of compliance with the requirements of this section, and
the Secretary of the military department concerned determines
that such suspension is necessary to mitigate program
deficiencies or to protect the safety of program
participants.''.
SEC. 573. MEMORANDUM OF UNDERSTANDING REQUIRED.
Section 2031(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E);
(2) by inserting ``(1)'' after ``(b)'';
(3) in subparagraph (A), as redesignated by paragraph (1)--
(A) by striking ``(A)'' and inserting ``(i)''; and
(B) by striking ``(B)'' and inserting ``(ii)'';
(4) by amending subparagraph (E), as so redesignated, to
read as follows: ``the unit meets such other requirements as
the Secretary of the military department concerned proscribes
in the memorandum of understanding required under this
subsection.''; and
(5) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall issue regulations
establishing a standardized memorandum of understanding to be
signed by the Secretary of the military department concerned
and each institution operating a unit under this section. The
memorandum shall address the following matters:
``(A) A requirement for institutions to notify the
appropriate armed force of allegations of misconduct against
an instructor receiving retired or other pay from such armed
force, including procedures that would require such
institutions to report allegations of sexual misconduct,
including harassment, against an instructor, within 48 hours
of learning of such allegations;
``(B) Processes by which the military departments certify
instructors, including the conduct of appropriate background
checks by the military service and the institution concerned.
``(C) Processes by which the military service will conduct
oversight of their certified instructors, including the
requirement to recertify instructors not less often than once
every five years.
``(D) Processes by which such institution's program will be
inspected by the military department concerned prior to
establishment of a new unit, or not less often than once
every four years in the case of units existing as of January
1, 2024, staggered as the Secretary determines appropriate.
``(E) A requirement that each institution certifies it--
``(i) has created a process for students to report
violations of their rights under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), as applicable,
and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.), including the rights of students to not be subject
to discrimination or subject to retaliation for reporting a
violation of those laws, if such laws apply to the
institution;
``(ii) has implemented policies ensuring students and
instructors are notified of those rights, as well as the
process for reporting violations of those rights, including
information on available mandatory reporters, if such laws
apply to the institution;
``(iii) has implemented annual training to inform students
of methods to prevent, respond to, and report sexual assault
and harassment;
``(iv) agrees to report all allegations of violations
described under this subparagraph to the military department
concerned and, if subject to the jurisdiction of the
Department of Education, the Department of Education's Office
of Civil Rights not less often than annually;
``(v) has developed processes to ensure that each student
enrolled in a unit under this section has done so
voluntarily; and
``(vi) agrees to provide the data necessary to compile the
report required under subsection (j).''.
SEC. 574. JUNIOR RESERVE OFFICERS' TRAINING CORPS INSTRUCTOR
COMPENSATION.
Section 2031 of title 10, United States Code, is amended--
(1) by amending subsection (d) to read as follows:
``(d)(1) Instead of, or in addition to, detailing officers
and noncommissioned officers on active duty under subsection
(c)(1), the Secretary of the military department concerned
may authorize qualified institutions to employ, as
administrators and instructors in the program--
``(A) retired officers and noncommissioned officers whose
qualifications are approved by the Secretary and the
institution concerned and who request such employment;
``(B) officers and noncommissioned officers who are
separated with an honorable discharge within the past 5 years
with at least 8 years of service and are approved by the
Secretary and the institution concerned and who request such
employment; or
``(C) officers and noncommissioned officers who are active
participating members of the selected reserve at the time of
application, for purposes of section 101(d) of this title,
and have not yet reached retirement eligibility and are
approved by the Secretary and the institution concerned and
who request such employment.
[[Page S3933]]
``(2) Employment under this subsection shall be subject to
the following conditions:
``(A) The Secretary concerned shall pay to the institution
an amount equal to one-half of the Department's prescribed
JROTC Standardized Instructor Pay Scale (JSIPS) amount paid
to the member by the institution for any period.
``(B) The Secretary concerned may pay to the institution
more than one-half of the amount paid to the member by the
institution if (as determined by the Secretary)--
``(i) the institution is in an educationally and
economically deprived area; and
``(ii) the Secretary determines that such action is in the
national interest.
``(C) Payments by the Secretary concerned under this
subsection shall be made from funds appropriated for that
purpose.
``(D) The Secretary concerned may require successful
applicants to transfer to the Individual Ready Reserve
(IRR).'';
(2) by striking subsections (e) and (f); and
(3) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
SEC. 575. ANNUAL REPORT ON ALLEGATIONS OF SEXUAL MISCONDUCT
IN JROTC PROGRAMS.
Section 2031 of title 10, United States Code, as amended by
section 572 of this Act, is further amended by adding at the
end the following new subsection:
``(j)(1) Not later than March 31, 2024, and annually
thereafter through March 31, 2029, the Secretary of Defense
shall submit to Committees on Armed Services of the Senate
and the House of Representatives a report on allegations of
sexual misconduct, sexual harassment, and sex discrimination
in JROTC programs during the preceding year.
``(2) Each report required under paragraph (1) shall set
forth the following:
``(A) The number of reported allegations of violations
under title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.) in school-affiliated JROTC programs,
including--
``(i) the number of such reported allegations that were
investigated;
``(ii) the outcome of those investigations; and
``(iii) the number of such reported allegations by State,
the District of Columbia, or overseas location where these
reports occurred.
``(B) The number of reports that the Department of Defense
or military services have received during the reporting
period involving allegations of acts of violence, including
sexual abuse or harassment, by instructors against students
in the JROTC program, including--
``(i) the offense involved;
``(ii) the military service involved;
``(iii) the number of instructors and number of allegations
they each received;
``(iv) the number of reports of sexual misconduct and
harassment that have been investigated;
``(v) the number of reports or investigations that have led
to the removal of instructors from JROTC programs; and
``(vi) the number of such reported allegations by State,
the District of Columbia, or overseas location where these
reports occurred.
``(C) Any steps the Department of Defense has taken to
mitigate sexual misconduct and harassment in JROTC programs
during the preceding year.
``(3) Each report required under paragraph (1) shall be
submitted in unclassified form and may not be marked as
controlled unclassified information.
``(4) The Secretary shall annually report to the Committees
on Armed Services of the Senate and the House of
Representatives regarding compliance with this subsection by
the JROTC program, including an up-to-date report on the
Secretary's monitoring of such compliance.
``(5) The Secretary may seek the advice and counsel of the
Attorney General and the Secretary of Health and Human
Services concerning the development and dissemination to the
JROTC program of best practices information about preventing
and responding to incidents of domestic violence, dating
violence, sexual assault, and stalking, including elements of
institutional policies that have proven successful based on
evidence-based outcome measurements.
``(6) No officer, employee, or agent of an institution
participating in any program under this chapter shall
retaliate, intimidate, threaten, coerce, or otherwise
discriminate against any individual for exercising their
rights or responsibilities under any provision of this
subsection.''.
SEC. 576. COMPTROLLER GENERAL REPORT ON EFFORTS TO INCREASE
TRANSPARENCY AND REPORTING ON SEXUAL VIOLENCE
IN THE JUNIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report on efforts to increase transparency and
reporting on sexual violence in the Junior Reserve Officers'
Training Corps Program.
(b) Elements.--The report required under subsection (a)
shall include a description of the following:
(1) The implementation of section 2031 of title 10, United
States Code, as amended by sections 572, 573, and 575 of this
Act.
(2) The adequacy of the Department of Defense's vetting
process for Junior Reserve Officers' Training Corps
instructors.
(3) The Department of Defense and the Department of
Education's oversight of compliance of units with respect to
title IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.) and title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(4) Any changes in the numbers of sexual harassment,
assault, or stalking incidents reported to institutions or
law enforcement agencies.
(5) The sufficiency of military department unit
inspections.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
``means the Committee on Armed Services of the Senate and the
House of Representatives.
Subtitle H--Decorations and Other Awards, Miscellaneous Reports and
Other Matters
SEC. 581. EXTENSION OF DEADLINE FOR REVIEW OF WORLD WAR I
VALOR MEDALS.
Section 584(f) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 7271 note)
is amended by striking ``six years after the date of the
enactment of this Act'' and inserting ``December 31, 2028''.
SEC. 582. PROHIBITION ON FORMER MEMBERS OF THE ARMED FORCES
ACCEPTING POST-SERVICE EMPLOYMENT WITH CERTAIN
FOREIGN GOVERNMENTS.
(a) In General.--Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 989. Prohibition on former members of the armed forces
accepting post-service employment with certain foreign
governments
``(a) In General.--Except as provided by subsection (b), a
covered individual may not occupy a covered post-service
position.
``(b) Temporary Waiver.--
``(1) In general.--The Secretary of Defense shall establish
a process under which a covered individual may be granted a
temporary waiver of the prohibition under subsection (a) if--
``(A) the individual, or a Federal agency on behalf of, and
with the consent of, the individual, submits to the Secretary
a written application for a waiver in such form and manner as
the Secretary determines appropriate; and
``(B) the Secretary determines that the waiver is necessary
to advance the national security interests of the United
States.
``(2) Period of waiver.--A waiver issued under paragraph
(1) shall apply for a period not exceeding 5 years. The
Secretary may renew such a waiver.
``(3) Revocation.--The Secretary may revoke a waiver issued
under paragraph (1) to a covered individual with respect to a
covered-post service position if the Secretary determines
that the employment of the individual in the covered-post
service position poses a threat to national security.
``(4) Notification.--
``(A) In general.--Not later than 30 days after the date on
which the Secretary issues a waiver under paragraph (1) or
revokes a waiver under paragraph (3), the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives written notification of the
waiver or revocation, as the case may be.
``(B) Elements.--A notification required by subparagraph
(A) shall include the following:
``(i) With respect to a waiver issued to a covered
individual--
``(I) the details of the application, including the
position held by the individual in the armed forces;
``(II) the nature of the post-service position of the
individual;
``(III) a description of the national security interests
that will be advanced by reason of issuing such a waiver; and
``(IV) the specific reasons why the Secretary determines
that issuing the waiver will advance such interests.
``(ii) With respect to a revocation of a waiver issued to a
covered individual--
``(I) the details of the waiver, including any renewals of
the waiver, and the dates of such waiver and renewals; and
``(II) the specific reasons why the Secretary determined
that the revocation is warranted.
``(c) Certification of Prohibition.--In implementing the
prohibition under subsection (a), the Secretary shall
establish a process under which each member of the armed
forces is, before the member retires or is otherwise
separated from the armed forces--
``(1) informed in writing of the prohibition, and the
penalties for violations of the prohibition; and
``(2) is required to certify that the member understands
the prohibition and those penalties.
``(d) Penalties.--In the case of a covered individual who
knowingly and willfully fails to comply with the prohibition
under subsection (a), the Secretary shall, as applicable--
``(1) withhold any pay, allowances, or benefits that would
otherwise be provided to the individual by the Department of
Defense; and
``(2) revoke any security clearance of the individual.
``(e) Annual Reports.--
``(1) Requirement.--Not later than March 31, 2024, and
annually thereafter, the Secretary shall submit to the
congressional defense committees a report on covered post-
service employment occurring during the year covered by the
report.
``(2) Elements.--Each report required by paragraph (1)
shall include the following:
[[Page S3934]]
``(A) The number of former covered individuals who occupy a
covered post-service position, broken down by--
``(i) the name of the employer;
``(ii) the foreign government, including by the specific
foreign individual, agency, or entity, for whom the covered
post-service employment is being performed; and
``(iii) the nature of the services provided as part of the
covered post-service employment.
``(B) An assessment by the Secretary of whether--
``(i) the Department of Defense maintains adequate systems
and processes for ensuring that former members of the armed
forces are submitting required reports relating to their
employment by foreign governments;
``(ii) all covered individuals who occupy a covered post-
service position are in compliance with this section;
``(iii) the services provided by the covered individuals
who occupy a covered post-service position pose a current or
future threat to the national security of the United States;
and
``(iv) there is any credible information or reporting that
any covered individual who occupies a covered post-service
position has engaged in activities that violate Federal law.
``(3) Form of report.--Each report required by paragraph
(1) shall be submitted in unclassified form, but may include
a classified annex.
``(f) Notifications of Determinations of Certain Threats.--
``(1) Requirement.--In addition to the annual reports under
subsection (d), if the Secretary determines that the services
provided by a covered individual who occupies a covered post-
service position pose a threat described in clause (iii) of
paragraph (2)(B) of that subsection, or include activities
described in clause (iv) of such paragraph, the Secretary
shall notify the congressional defense committees of that
determination by not later than 30 days after making the
determination.
``(2) Elements.--A notification required by paragraph (1)
shall include the following:
``(A) The name of the covered individual.
``(B) The name of the employer.
``(C) The foreign government, including the specific
foreign individual, agency, or entity, for whom the covered
post-service employment is being performed.
``(D) As applicable, a description of the risk to national
security and the activities that may violate Federal law.
``(g) Rule of Construction.--Nothing in this section may be
construed to indemnify or shield covered individuals from
prosecution under any relevant provision of title 18.
``(h) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means an individual who has retired or otherwise separated
from an active or reserve component of the Armed Forces.
``(2) Covered post-service employment.--The term `covered
post-service employment' means direct or indirect employment
by, representation of, or any provision of advice or services
relating to national security, intelligence, the military, or
internal security to--
``(A) the government of--
``(i) a country of concern (as defined in section 1(m) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(m))); or
``(ii) a country the Secretary of Defense determines acts
as a proxy or passthrough for services for a country of
concern; or
``(B) any company, entity, or other person the activities
of which are directly or indirectly supervised, directed,
controlled, financed, or subsidized, in whole or in major
part, by a government described in subparagraph (A).
``(3) Covered post-service position.--The term `covered
post-service position' means a position of employment
described in paragraph (2).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 49 of such title is amended by adding at
the end the following new item:
``989. Prohibition on former members of the armed forces accepting
post-service employment with certain foreign
governments.''.
(c) Conforming Amendment.--Section 908 of title 37, United
States Code, is amended by adding at the end the following
new subsection:
``(f) Prohibition on Former Members of Armed Forces
Accepting Employment With Certain Foreign Governments.--For a
provision of law prohibiting former members of the armed
forces from accepting post-service employment with certain
foreign governments, see section 989 of title 10.''.
SEC. 583. PROHIBITION ON REQUIRING LISTING OF GENDER OR
PRONOUNS IN OFFICIAL CORRESPONDENCE.
The Department of Defense is prohibited from requiring
members of the Armed Forces or civilian employees of the
Department of Defense to list their gender or pronouns in
official correspondence, whether such correspondence is
written or electronic.
Subtitle I--Enhanced Recruiting Efforts
SEC. 591. SHORT TITLE.
This subtitle may be cited as the ``Military Service
Promotion Act of 2023''.
SEC. 592. INCREASED ACCESS TO POTENTIAL RECRUITS AT SECONDARY
SCHOOLS.
Section 503(c) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; and'' and inserting a
semicolon;
(ii) by redesignating clause (ii) as clause (iii);
(iii) by inserting after clause (i) the following new
clause:
``(ii) shall provide to military recruiters access to
career fairs or similar events upon a request made by
military recruiters for military recruiting purposes; and'';
and
(iv) in clause (iii), as redesignated by subparagraph (B),
by inserting ``, not later than 60 days after receiving such
request,'' after ``provide''; and
(B) in subparagraph (B), by striking ``subparagraph
(A)(ii)'' and inserting ``subparagraph (A)(iii)'';
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) The Secretary of Defense shall submit an annual
report to Congress not later than February 1 each calendar
year, detailing each notification of denial of recruiting
access issued under paragraph (3).''.
SEC. 593. INCREASED ACCESS TO POTENTIAL RECRUITS AT
INSTITUTIONS OF HIGHER EDUCATION.
Section 983(b) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (2)--
(A) by striking ``to the following information pertaining''
and inserting ``, with respect'';
(B) by striking ``institution):'' and inserting
``institution)--'';
(C) in subparagraph (A)--
(i) by striking ``Names'' and inserting ``names''; and
(ii) by striking ``telephone listings.'' and inserting
``telephone listings, which information shall be made
available not later than the 60th day following the date of a
request; and''; and
(D) in subparagraph (B), by striking ``Date'' and inserting
``date''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. PAY OF MEMBERS OF RESERVE COMPONENTS FOR INACTIVE-
DUTY TRAINING TO OBTAIN OR MAINTAIN AN
AERONAUTICAL RATING OR DESIGNATION.
(a) In General.--Chapter 3 of title 37, United States Code,
is amended by inserting after section 206 the following new
section:
``Sec. 206a. Pay of members of reserve components for
inactive-duty training to obtain or maintain an
aeronautical rating or designation
``Under regulations prescribed by the Secretary concerned,
a member of the National Guard or a member of a reserve
component of a uniformed service who is receiving aviation
incentive pay under section 334(a) of this title and is
entitled to compensation under section 206 of this title is
entitled to such compensation for a number of periods of
inactive-duty training each month sufficient for the member
to obtain or maintain an aeronautical rating or
designation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by inserting
after the item relating to section 206 the following new
item:
``206a. Pay of members of reserve components for inactive-duty training
to obtain or maintain an aeronautical rating or
designation.''.
SEC. 602. MODIFICATION OF CALCULATION METHOD FOR BASIC
ALLOWANCE FOR HOUSING TO MORE ACCURATELY ASSESS
HOUSING COSTS OF JUNIOR MEMBERS OF UNIFORMED
SERVICES.
Section 403(b)(5) of title 37, United States Code, is
amended, in the second sentence, by striking ``and shall be
based on the following:'' and all that follows through
``determined in subparagraph (A)''.
SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS ASSIGNED TO
VESSELS UNDERGOING MAINTENANCE.
Section 403(f)(2) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``subparagraphs (B)
and (C)'' and inserting ``subparagraphs (B), (C), and (D)'';
and
(2) by adding at the end the following new subparagraph:
``(D)(i) Under regulations prescribed by the Secretary
concerned, the Secretary may authorize the payment of a basic
allowance for housing to a member of a uniformed service
without dependents who is serving in a pay grade below E-6
and has orders to a naval vessel during a shipyard
availability or maintenance period.
``(ii) In prescribing regulations under clause (i), the
Secretary concerned shall consider the availability of
quarters for members serving in pay grades below E-6 before
authorizing the payment of a basic allowance for housing for
such members.''.
SEC. 604. DUAL BASIC ALLOWANCE FOR HOUSING FOR TRAINING FOR
CERTAIN MEMBERS OF RESERVE COMPONENTS.
Section 403(g)(3) of title 37, United States Code, is
amended--
(1) by striking ``Paragraphs'' and inserting ``(A) Except
as provided by subparagraph (B), paragraphs''; and
(2) by adding at the end the following new subparagraph:
``(B) Paragraphs (1) and (2) shall apply with respect to a
member of a reserve component
[[Page S3935]]
without dependents who is called or ordered to active duty to
attend training for a period of 140 days or more but fewer
than 365 days and for whom transportation of household goods
is authorized under section 453(c) of this title as part of
the call or order to active duty.''.
SEC. 605. MODIFICATION OF CALCULATION OF GROSS HOUSEHOLD
INCOME FOR BASIC NEEDS ALLOWANCE TO ADDRESS
AREAS OF DEMONSTRATED NEED.
(a) In General.--Section 402b(k)(1)(B) of title 37, United
States Code, is amended by inserting ``or that otherwise has
a demonstrated need'' after ``high cost of living''.
(b) Implementation Guidance.--The Secretary of Defense
shall revise the guidance issued with respect to
implementation of the basic needs allowance under section
402b of title 37, United States Code, to reflect the
amendment made by subsection (a).
SEC. 606. EXPANSION OF ELIGIBILITY FOR REIMBURSEMENT OF
QUALIFIED LICENSURE, CERTIFICATION, AND
BUSINESS RELOCATION COSTS INCURRED BY MILITARY
SPOUSES.
Section 453(g)(1) of title 37, United States Code, is
amended--
(1) in subparagraph (A)--
(A) by striking ``member is reassigned'' and inserting the
following: ``member is--
``(i) reassigned'';
(B) by striking ``; and'' and inserting ``; or''; and
(C) by adding at the end the following new clause:
``(ii) transferred from a regular component of a uniformed
service into the Selected Reserve of the Ready Reserve of a
uniformed service, if the member is authorized a final move
from the last duty station to the new jurisdiction or
geographic area; and''; and
(2) in subparagraph (B), by inserting ``or transfer'' after
``reassignment''.
SEC. 607. COST-OF-LIVING ALLOWANCE IN THE CONTINENTAL UNITED
STATES: HIGH COST AREAS.
Section 403b(c) of title 37, United States Code, is
amended--
(1) in the second sentence, by striking ``8 percent'' and
inserting ``5 percent''; and
(2) in the third sentence, by striking ``shall prescribe''
and inserting ``may prescribe''.
SEC. 608. OCONUS COST-OF-LIVING ALLOWANCE: ADJUSTMENTS.
Section 617 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended--
(1) in the section heading, by striking ``; notice to
certain congressional committees''; and
(2) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) In General.--Subject to subsections (b) and (c), the
Secretary of Defense may announce reductions in the cost-of-
living allowance for a member of the uniformed services
assigned to a duty station located outside the continental
United States--
``(1) not more than two times per year; or
``(2) in connection with a permanent change of station for
such member.
``(b) Limitation on Size of Reductions.--The Secretary may
not make a reduction under subsection (a) in the allowance
described in that subsection by an amount that exceeds 10
percent of the amount of the allowance before the reduction.
``(c) Treatment of Reductions Relating to Foreign Currency
Exchange Rates.--The limitations under subsections (a) and
(b) shall not apply to reductions in the allowance described
in subsection (a) relating to changes in foreign currency
exchange rates.
``(d) Implementation of Reductions.--The Secretary may
phase in the reductions described in subsection (a).
``(e) Increases.--The Secretary may increase the allowance
described in subsection (a) for a member of the uniformed
services at any time.''.
SEC. 609. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR
OFFICERS WHO TRANSFER TO THE SPACE FORCE.
Section 606(d)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 37 U.S.C. 416 note) is amended by
striking ``September 30, 2023'' and inserting ``September 30,
2025''.
SEC. 610. REVIEW OF RATES OF MILITARY BASIC PAY.
(a) In General.--The Secretary of Defense shall conduct a
review of the rates of monthly basic pay authorized for
members of the uniformed services to determine if the current
basic pay table adequately compensates junior enlisted
personnel in pay grades E-1 through E-4.
(b) Factors for Review.--In conducting the review required
by subsection (a), the Secretary shall conduct the following:
(1) An assessment of the adequacy of the rates of monthly
basic pay for members of the uniformed services in light of
current and predicted recruiting difficulties.
(2) An analysis of how such basic pay, when combined with
other elements of regular compensation for members of the
uniformed services, compares with private sector wages for
potential recruits to the uniformed services.
(3) An assessment of how sustained periods of cost
inflation affect pay for the uniformed services and
comparable private sector wages.
(4) An historical analysis of how percentage differences
between junior enlisted basic pay, senior enlisted basic pay,
junior officer basic pay, and senior officer basic pay, have
changed since the rates of basic pay for members of the
uniformed services were authorized by section 601 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 37 U.S.C. 1009 note).
(c) Report and Legislative Proposal Required.--Not later
than March 1, 2024, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives--
(1) a report on the results of the review required by
subsection (a); and
(2) a comprehensive legislative proposal for the rates of
basic pay for members of the uniformed services.
SEC. 611. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON PROCESS
FOR DETERMINING COST-OF-LIVING ALLOWANCES FOR
MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO
THE CONTINENTAL UNITED STATES, HAWAII, ALASKA,
AND OVERSEAS LOCATIONS.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the process for determining
cost-of-living allowances for members of the uniformed
services stationed in the continental United States, Hawaii,
Alaska, and at overseas locations.
(b) Elements.--In conducting the study required by
subsection (a), the Comptroller General shall assess--
(1) the fairness and equity of the process for determining
cost-of-living allowances described in subsection (a) and
methods for improving that process;
(2) the advantages and disadvantages of averaging the
results of continental United States Living Pattern Surveys
and Retail Price Schedules without regard to the geographic
concentration of members of the uniformed services within the
continental United States when determining the baseline cost
of living for the continental United States;
(3) if additional out-of-pocket expenses, including the
costs for a member of the uniformed services to travel to and
from the home of record of the member from the assigned duty
station of the member, should be included in the calculations
of the Department of Defense for determining overseas cost-
of-living allowances to better equalize the true costs of
living for members stationed outside the continental United
States with such costs for members stationed inside the
continental United States; and
(4) the process by which the Department of Defense conducts
Living Pattern Surveys and develops Retail Price Schedules.
(c) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report--
(1) setting forth the results of the study required by
subsection (a); and
(2) making any recommendations the Comptroller General
considers appropriate based on those results, including any
recommendations for changes to section 403b or 405 of title
37, United States Code.
Subtitle B--Bonus and Incentive Pays
SEC. 621. MODIFICATION OF SPECIAL AND INCENTIVE PAY
AUTHORITIES FOR MEMBERS OF RESERVE COMPONENTS.
(a) In General.--Section 357 of title 37, United States
Code, is amended--
(1) by striking ``incentive pay'' and inserting ``special
or incentive pay''; and
(2) by striking the period at the end and inserting the
following: ``if the Secretary concerned is paying the member
of the reserve component the special or incentive pay for the
purpose of--
``(1) maintaining a skill certification or proficiency
identical to a skill certification or proficiency required of
the member in the regular component; or
``(2) compensating the member of the reserve component for
exposure to hazards or risks identical to hazards or risks to
which the member in the regular component was exposed.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The section heading for section
357 of title 37, United States Code, is amended by striking
``Incentive'' and inserting ``Special and incentive''.
(2) Clerical amendment.--The table of sections for chapter
5 of such title is amended by striking the item relating to
section 357 and inserting the following new item:
``357. Special and incentive pay authorities for members of the reserve
components of the armed forces.''.
(c) Modification of Implementation Determination.--Section
602(d) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 37 U.S.C. 357 note) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs, as so redesignated, two ems to the right;
(2) by striking ``The Secretary may'' and inserting the
following:
``(1) In general.--The Secretary shall'';
(3) in subparagraph (A), as redesignated by paragraph (1),
by striking ``subsection (b)'' and inserting ``subsection
(c)''; and
(4) by adding at the end the following new paragraph:
``(2) Evaluation of types of special and incentive pay.--In
making the determination and certification described in
paragraph (1)(B), the Secretary shall evaluate each type
[[Page S3936]]
or category of special and incentive pay separately and may
make the determination and certification based on the effect
on an Armed Force concerned of a particular type or category
of special or incentive pay.''.
SEC. 622. EXPANSION OF CONTINUATION PAY ELIGIBILITY.
(a) Continuation Pay: Full TSP Members With 8 to 12 Years
of Service.--Section 356 of title 37, United States Code, is
amended--
(1) in the section heading, by striking ``8'' and inserting
``7''; and
(2) in subsections (a)(1) and (d), by striking ``8'' and
inserting ``7''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by striking
the item relating to section 356 and inserting the following
new item:
``356. Continuation pay: full TSP members with 7 to 12 years of
service.''.
SEC. 623. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income
replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service, is amended by striking ``December 31, 2023''
and inserting ``December 31, 2024''.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2023''
and inserting ``December 31, 2024'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section
333(i) of title 37, United States Code, is amended by
striking ``December 31, 2023'' and inserting ``December 31,
2024''.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2023'' and inserting ``December 31,
2024'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authorities to Provide Temporary Increase in Rates of
Basic Allowance for Housing.--Section 403(b) of title 37,
United States Code, is amended--
(1) in paragraph (7)(E), relating to temporary increases in
rates of basic allowance for areas covered by a major
disaster declaration or containing an installation
experiencing a sudden influx of military personnel, by
striking ``December 31, 2023'' and inserting ``December 31,
2024''; and
(2) in paragraph (8)(C), relating to temporary adjustments
in rates of basic allowance for housing for localities where
actual housing costs differ from current rates of basic
allowance for housing by more than 20 percent, by striking
``September 30, 2023'' and inserting ``December 31, 2024''.
SEC. 624. REQUIREMENT TO ESTABLISH REMOTE AND AUSTERE
CONDITION ASSIGNMENT INCENTIVE PAY PROGRAM FOR
AIR FORCE.
The Secretary of the Air Force shall--
(1) evaluate the Remote and Austere Condition Assignment
Incentive Pay program of the Army; and
(2) not later than October 1, 2025, establish a similar
program for the Air Force, unless the Secretary can certify
to Congress that there are no critically manned units at any
Air Force installation in Alaska.
SEC. 625. EXTENSION OF TRAVEL ALLOWANCE FOR MEMBERS OF THE
ARMED FORCES ASSIGNED TO ALASKA.
Section 603(b)(5)(B) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263; 136 Stat. 2621) is amended by striking ``December
31, 2023'' and inserting ``June 30, 2024''.
Subtitle C--Other Matters
SEC. 631. MODIFICATION OF REQUIREMENTS FOR APPROVAL OF
FOREIGN EMPLOYMENT BY RETIRED AND RESERVE
MEMBERS OF UNIFORMED SERVICES.
Section 908 of title 37, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``A person'' and inserting ``(1) A
person'';
(B) by inserting ``after determining that such approval is
not contrary to the national interests of the United States''
after ``approve the employment''; and
(C) by adding at the end the following new paragraph:
``(2) The Secretary of a military department may delegate
the determination of the Secretary required by paragraph (1)
only to an official of the military department at or above
the level of an Assistant Secretary or, in the event of a
vacancy in the position of such an official, a civilian
official performing the duties of that position.''; and
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``an officer'' and inserting ``a person''; and
(ii) by striking subparagraphs (B) and (C) and inserting
the following new subparagraphs:
``(B) A description of the duties, if any, the person is to
perform and the compensation the person is to receive for
such duties, as reflected in the person's application for
approval of the employment or compensation or payment or
award.
``(C) The position the person held or holds in the armed
forces, including the rank of the person and the armed force
in which the person served.
``(D) Any other information the Secretaries of the military
departments consider relevant, except that such information
may not include the person's date of birth, Social Security
number, home address, phone number, or any other personal
identifier other than the name and rank of the person and the
armed force in which the person served.''; and
(B) by adding at the end the following new paragraph:
``(3) Not later than 60 days after the date on which a
report required by paragraph (1) is submitted, the
Secretaries of the military departments shall make the
report, and all contents of the report, available on a
publicly accessible internet website.''.
SEC. 632. RESTRICTIONS ON RETIRED AND RESERVE MEMBERS OF THE
ARMED FORCES RECEIVING EMPLOYMENT AND
COMPENSATION INDIRECTLY FROM FOREIGN
GOVERNMENTS THROUGH PRIVATE ENTITIES.
Section 908(a) of title 37, United States Code, is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and by moving
such subparagraphs, as so redesignated, 2 ems to the right;
(2) by striking ``Subject to'' and inserting the following:
``(1) In general.--Subject to'';
(3) in subparagraph (C), as redesignated, by striking
``Commissioned Reserve Corps'' and inserting ``Ready Reserve
Corps''; and
(4) by adding at the end the following new paragraph:
``(2) Application to private entities.--
``(A) In general.--The acceptance by a person described in
subparagraph (B) of employment (and compensation related to
that employment) or payments or awards for work performed for
a foreign government through a private entity shall be
subject to the provisions of this section to the same extent
and in the same manner as such provisions apply to employment
(and compensation related to that employment) and payments
and awards described in paragraph (1).
``(B) Persons described.--A person described in this
subparagraph is--
``(i) a retired member of the Army, Navy, Air Force, Marine
Corps, or Space Force; or
``(ii) a member of a reserve component of an armed force
specified in clause (i), except a member serving on active
duty under a call or order to active duty for a period in
excess of 30 days.''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH
BENEFITS UNDER TRICARE RESERVE SELECT FOR
SURVIVORS OF A MEMBER OF THE SELECTED RESERVE.
(a) In General.-- Section 1076d(c) of title 10, United
States Code, is amended by striking ``six months'' and
inserting ``three years''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2025.
SEC. 702. AUTHORITY TO PROVIDE DENTAL CARE FOR DEPENDENTS
LOCATED AT CERTAIN REMOTE OR ISOLATED
LOCATIONS.
Section 1077(c) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3)(A) Dependents who reside within a specified
geographic area and are covered by a dental plan established
under section 1076a may receive dental care in a dental
treatment facility of the uniformed services on a space
available basis if the Secretary of Defense determines that--
``(i) civilian dental care within the specified geographic
area is inadequate or is not sufficiently available; and
``(ii) adequate resources exist to provide space available
dental care to the dependents at the facility.
``(B) Care under subparagraph (A) shall be provided on a
reimbursable basis.''.
[[Page S3937]]
SEC. 703. INCLUSION OF ASSISTED REPRODUCTIVE TECHNOLOGY AND
ARTIFICIAL INSEMINATION AS REQUIRED PRIMARY AND
PREVENTIVE HEALTH CARE SERVICES FOR MEMBERS OF
THE UNIFORMED SERVICES AND DEPENDENTS.
(a) Members of the Uniformed Services.--Section 1074d of
title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``entitled to preventive'' and inserting
``entitled to--
``(A) preventive'';
(B) in subparagraph (A), as designated by subparagraph (A)
of this paragraph, by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(B) for male members of the uniformed services (excluding
former members of the uniformed services), services relating
to infertility described in subsection (b)(4).''; and
(2) by adding at the end the following new subsection:
``(c) Infertility Services Included for Members of the
Uniformed Services.--Services relating to infertility
required to be provided under subsections (a)(2)(B) and
(b)(4) for members of the uniformed services (excluding
former members of the uniformed services) shall include the
following:
``(1) Treatments or procedures using assisted reproductive
technology (as defined in section 8 of the Fertility Clinic
Success Rate and Certification Act of 1992 (42 U.S.C. 263a-
7(1)), excluding in vitro fertilization).
``(2) The provision of artificial insemination, including
intrauterine insemination, without regard to coital
conception.''.
(b) Dependents.--Section 1077(a) of such title is amended
by adding at the end the following new paragraph:
``(19) Services relating to infertility, including the
services specified in section 1074d(c) of this title, except
that the services specified in such section may be provided
only to a dependent of a member of the uniformed services
(excluding any dependent of a former member of the uniformed
services).''.
(c) Exclusion From Contracts for Former Members and Their
Dependents.--Section 1086 of such title is amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting
``subsections (d) and (j)''; and
(2) by adding at the end the following new subsection:
``(j) A plan contracted for under subsection (a) may not
include coverage for services under section 1077(a)(19) of
this title for former members of the uniformed services or
dependents of former members of the uniformed services.''.
(d) Application.--The amendments made by this section shall
apply to services provided on or after January 1, 2025.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed provide
new benefits to or alter existing benefits for former members
of the uniformed services or the dependents of former members
of the uniformed services.
SEC. 704. PROGRAM ON TREATMENT OF MEMBERS OF THE ARMED FORCES
FOR POST-TRAUMATIC STRESS DISORDER, TRAUMATIC
BRAIN INJURIES, AND CO-OCCURRING DISORDERS
RELATED TO MILITARY SEXUAL TRAUMA.
(a) Establishment of Program.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074o the
following new section:
``Sec. 1074p. Program on treatment of members of the armed
forces for post-traumatic stress disorder, traumatic brain
injuries, and co-occurring disorders related to military
sexual trauma
``(a) In General.--The Secretary of Defense shall carry out
a program to provide intensive outpatient programs to treat
members of the Armed Forces suffering from post-traumatic
stress disorder, traumatic brain injuries, and co-occurring
disorders related to military sexual trauma, including
treatment for substance abuse, depression, and other issues
related to such conditions.
``(b) Discharge Through Partnerships.--The Secretary shall
carry out the program under subsection (a) through
partnerships with public, private, and non-profit health care
organizations, universities, and institutions that--
``(1) provide health care to members of the armed forces;
``(2) provide evidence-based treatment for psychological
and neurological conditions that are common among members of
the armed forces, including post-traumatic stress disorder,
traumatic brain injury, substance abuse, and depression;
``(3) provide health care, support, and other benefits to
family members of members of the armed forces; and
``(4) provide health care under the TRICARE program.
``(c) Program Activities.--Each organization, university,
or institution that participates in a partnership under the
program under subsection (a) shall--
``(1) carry out intensive outpatient programs of short
duration to treat members of the armed forces suffering from
post-traumatic stress disorder, traumatic brain injuries, and
co-occurring disorders related to military sexual trauma,
including treatment for substance abuse, depression, and
other issues related to such conditions;
``(2) use evidence-based and evidence-informed treatment
strategies in carrying out such programs;
``(3) share clinical and outreach best practices with other
organizations, universities, and institutions participating
in the program under subsection (a); and
``(4) annually assess outcomes for members of the armed
forces individually and among the organizations,
universities, and institutions participating in the program
under subsection (a) with respect to the treatment of
conditions described in paragraph (1).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074o the following new item:
``1074p. Program on treatment of members of the armed forces for post-
traumatic stress disorder, traumatic brain injuries, and
co-occurring disorders related to military sexual
trauma.''.
(b) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the program under
section 1074p of title 10, United States Code, as added by
subsection (a), which shall include a description of the
program and such other matters on the program as the
Secretary considers appropriate.
(2) Additional report.--Not later than two years after
commencement of implementation of the program under section
1074p of title 10, United States Code, as added by subsection
(a), the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the program, which shall include the following:
(A) A description of the program, including the
partnerships under the program as described in subsection (b)
of such section, as so added.
(B) An assessment of the effectiveness of the program and
the activities under the program.
(C) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
program.
(c) Conforming Repeal.--
(1) In general.--Section 702 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 1092 note) is repealed.
(2) Clerical amendment.--The table of contents at the
beginning of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking the item relating to section 702.
SEC. 705. WAIVER OF COST-SHARING FOR THREE MENTAL HEALTH
OUTPATIENT VISITS FOR CERTAIN BENEFICIARIES
UNDER THE TRICARE PROGRAM.
(a) TRICARE Select.--Section 1075(c) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(4)(A) Consistent with other provisions of this chapter
and subject to requirements to be prescribed by the
Secretary, the Secretary may waive cost-sharing requirements
for the first three outpatient mental health visits each year
of any of the following beneficiaries:
``(i) Beneficiaries in the active-duty family member
category.
``(ii) Beneficiaries covered by section 1110b of this
title.
``(B) This paragraph shall terminate on the date that is
five years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2024.''.
(b) TRICARE Prime.--Section 1075a(a) of such title is
amended by adding at the end the following new paragraph:
``(4)(A) Consistent with other provisions of this chapter
and subject to requirements to be prescribed by the
Secretary, the Secretary may waive cost-sharing requirements
for the first three outpatient mental health visits each year
of a beneficiary in the active-duty family member category
(as described in section 1075(b)(1)(A) of this title).
``(B) This paragraph shall terminate on the date that is
five years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2024.''.
SEC. 706. EXPANSION OF DOULA CARE FURNISHED BY DEPARTMENT OF
DEFENSE.
(a) Expansion of Extramedical Maternal Health Providers
Demonstration Project.--Section 746 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 1073 note) is amended--
(1) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Coverage of Doula Care.--Not later than 90 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024, the Secretary shall
ensure that the demonstration project includes coverage of
labor doula care, or reimbursement for such care, for all
beneficiaries under the TRICARE program, including access--
``(1) by members of the Armed Forces on active duty;
``(2) by beneficiaries outside the continental United
States; and
[[Page S3938]]
``(3) at military medical treatment facilities.''.
(b) Hiring of Doulas.--The hiring authority for each
military medical treatment facility may hire a team of doulas
to work in coordination with lactation support personnel or
labor and delivery units at such facility.
SEC. 707. SENSE OF CONGRESS ON ACCESS TO MENTAL HEALTH
SERVICES THROUGH TRICARE.
It is the sense of Congress that the Secretary of Defense
should take all necessary steps to ensure members of the
National Guard and the members of their families who are
enrolled in TRICARE have timely access to mental and
behavioral health care services through the TRICARE program.
Subtitle B--Health Care Administration
SEC. 711. INCREASE IN STIPEND FOR PARTICIPANTS IN HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAMS.
Section 2121(d) of title 10, United States Code, is
amended, in the matter preceding paragraph (1), by striking
``$30,000'' and inserting ``$50,000''.
SEC. 712. FINANCIAL RELIEF FOR CIVILIANS TREATED IN MILITARY
MEDICAL TREATMENT FACILITIES.
(a) Interim Final Rule Required.--The Secretary of Defense
shall issue an interim final rule to implement as soon as
possible after the date of the enactment of this Act section
1079b of title 10, United States Code.
(b) Treatment of Claims.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall hold in abeyance any claims under section
1079b of title 10, United States Code, until the interim
final rule required under subsection (a) is in effect.
(2) Exception.--Paragraph (1) does not apply to--
(A) claims to third-party payers; or
(B) administrative support provided to the Secretary by
another Federal agency to assist the Secretary in the
administration of section 1079b of title 10, United States
Code.
SEC. 713. DEPARTMENT OF DEFENSE OVERDOSE DATA ACT OF 2023.
(a) Short Title.--This section may be cited as the
``Department of Defense Overdose Data Act of 2023''.
(b) Annual Report on Military Overdoses.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the number of annual
overdoses among servicemembers.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The total number of servicemembers who suffered a fatal
or nonfatal overdose during the previous calendar year,
including--
(i) demographic information, including gender, race, age,
military department, military rank, pay grade, and station;
(ii) the location of the fatal overdose, including whether
the overdose was on a military base; and
(iii) a list of the substances involved in the fatal
overdose.
(B) Of the servicemembers identified in subparagraph (A)--
(i) the number of servicemembers who received mental health
or substance use disorder services prior to a fatal or
nonfatal overdose, including a description of whether such
services were received from a private sector provider;
(ii) the number of servicemembers with comorbid mental
health diagnoses;
(iii) the number of servicemembers who had been prescribed
opioids, benzodiazepines, or stimulants;
(iv) the number of servicemembers who had been categorized
as high-risk and prescribed or provided naloxone prior to a
fatal or nonfatal overdose;
(v) the number of servicemembers who had a positive drug
test prior to the fatal overdose, including any substance
identified in such test;
(vi) the number of servicemembers referred to, including by
self-referral, or engaged in medical treatment, including
medication treatment for opioid use disorder;
(vii) with respect to each servicemember identified in
clause (vi), whether the servicemember was referred after a
positive drug test and the source of such referral; and
(viii) the number of fatal overdoses and intentional
overdoses.
(C) An analysis of discernable patterns in fatal and
nonfatal overdoses of servicemembers.
(D) A description of existing or anticipated response
efforts to fatal and nonfatal overdoses at military bases
that have rates of fatal overdoses that exceed the average
rate of fatal overdoses in the United States.
(E) An assessment of the availability of substance use
disorder treatment for servicemembers.
(F) The number of medical facilities of, or affiliated
with, the Department of Defense that have opioid treatment
programs.
(G) A description of punitive measures taken by the
Secretary of Defense in response to substance misuse,
substance use disorder, or overdose by servicemembers.
(3) Privacy.--
(A) In general.--Nothing in this subsection shall be
construed to authorize the disclosure by the Secretary of
Defense of personally identifiable information of
servicemembers or military family members, including
anonymized personal information that could be used to re-
identify servicemembers or military family members.
(B) Application of hipaa.--In carrying out this subsection,
the Secretary of Defense shall take steps to protect the
privacy of servicemembers and military family members
pursuant to regulations promulgated under section 264(c) of
the Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note; Public Law 104-191).
(c) Standards for the Use of Materials to Prevent Overdose
and Substance Use Disorder.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Defense
shall establish standards for the distribution of, and
training for the use of, naloxone or other medication for
overdose reversal, opioid disposal materials, fentanyl test
strips, and other materials to prevent or reverse overdoses,
substance use disorder, or impacts related to substance
misuse.
(d) Sunset.--This section shall terminate on the date that
is 5 years after the date of the enactment of this Act.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Military family member.--The term ``military family
member'' means a family member of a servicemember, including
the spouse, parent, dependent, or child of a servicemember,
or anyone who has legal responsibility for the child of a
servicemember.
(3) Servicemember.--The term ``servicemember'' means--
(A) a member of the Armed Forces; or
(B) a member of the National Guard.
SEC. 714. MODIFICATION OF ADMINISTRATION OF MEDICAL
MALPRACTICE CLAIMS BY MEMBERS OF THE UNIFORMED
SERVICES.
(a) In General.--Section 2733a of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``subsection (f)'' and
inserting ``subsection (j)'';
(2) in subsection (b)(6), by striking ``subsection (f)''
and inserting ``subsection (j)'';
(3) in subsection (d)(1), by striking ``subsection (f)''
and inserting ``subsection (j)'';
(4) by redesignating subsections (f) through (i) as
subsections (j) through (m), respectively; and
(5) by inserting after subsection (e) the following new
subsections:
``(f) Expert Medical Opinions.--(1) The Secretary of
Defense may not use an expert medical opinion from an
individual in determining whether to allow, settle, and pay a
claim under this section unless the individual is a board-
certified physician.
``(2) No claim under this section may be denied on medical
grounds until the Secretary obtains an expert medical opinion
on the medical malpractice alleged under such claim from an
individual who--
``(A) is not a member of the uniformed services or a
civilian employee of the Department of Defense; and
``(B) does not have a business, medical, or personal
relationship with the claimant.
``(3) If a claim under this section is denied, the
Secretary shall provide to the claimant information regarding
the identity and qualifications of any individual who
provided an expert medical opinion upon which such denial is
based.
``(g) Justification of Denial.--If a claim under this
section is denied, the Secretary of Defense shall provide the
claimant with detailed reasoning justifying the denial of the
claim, including--
``(1) copies of any written reports prepared by any expert
upon which the denial is based; and
``(2) all records and documents relied upon in preparing
such written reports.
``(h) Appeals.--(1) Any appeal from the denial of a claim
under this section shall be considered by a third-party
review board jointly established by the Chief Judge of the
United States Court of Appeals for the Armed Forces and the
Secretary of Defense.
``(2) The third-party review board established under
paragraph (1) shall consist of not more than five members,
all of whom who possess sufficient legal or medical
background, or both.
``(3) A claimant under this section that seeks an appeal
under paragraph (1) may submit the appeal directly to the
third-party review board established under such paragraph.
``(4) In considering an appeal from the denial of a claim
under this section, the third-party review board established
under paragraph (1) shall, at the request of the claimant,
allow for a hearing on the merits of the appeal in an
adversarial nature.
``(5) The Secretary of Defense shall provide to a claimant
seeking an appeal under paragraph (1) a copy of any response
to the appeal that is submitted on behalf of the Department
of Defense.
``(6) The third-party review board established under
paragraph (1) shall not consist of any member of the
uniformed services or civilian employee of the Department of
Defense.
``(i) Treatment of Non-economic Damages.--(1) Any non-
economic damages provided to a member of the uniformed
services under this section may not be offset by compensation
provided or expected to be provided by the Department of
Defense or the Department of Veterans Affairs.
[[Page S3939]]
``(2)(A) The Secretary of Defense shall establish a cap on
non-economic damages to be provided with respect to a claim
under this section.
``(B)(i) The cap established under subparagraph (A) shall
be determined by calculating the average of non-economic
damage caps for medical malpractice claims applicable in
California, Texas, North Carolina, and Virginia.
``(ii) If a State specified in clause (i) provides a
different cap for cases involving death and cases not
involving death, the cap for cases not involving death shall
be used.
``(C) The cap established under paragraph (1) shall be
recalculated not less frequently than once every three
years.''.
(b) Appointment of Members.--Not later than 180 days after
the date of the enactment of this Act, the Chief Judge of the
United States Court of Appeals for the Armed Forces and the
Secretary of Defense shall jointly appoint members to the
board established under subsection (h)(1) of section 2733a of
title 10, United States Code, as added by subsection (a)(5).
(c) Report.--Not later than 180 days after the
establishment of the board required under subsection (h)(1)
of section 2733a of title 10, United States Code, as added by
subsection (a)(5), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report indicating--
(1) the membership of the board;
(2) the qualifying background of each member of the board;
and
(3) a statement indicating the independence of each member
of the board from the Department of Defense.
Subtitle C--Reports and Other Matters
SEC. 721. MODIFICATION OF PARTNERSHIP PROGRAM BETWEEN UNITED
STATES AND UKRAINE FOR MILITARY TRAUMA CARE AND
RESEARCH.
Section 736 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended--
(1) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The provision of training and support to Ukraine for
the treatment of individuals with extremity trauma,
amputations, post-traumatic stress disorder, traumatic brain
injuries, and any other mental health conditions associated
with post-traumatic stress disorder or traumatic brain
injuries, including--
``(A) the exchange of subject matter expertise;
``(B) training and support relating to advanced clinical
skills development; and
``(C) training and support relating to clinical case
management support.''.
SEC. 722. REQUIREMENT THAT DEPARTMENT OF DEFENSE DISCLOSE
EXPERT REPORTS WITH RESPECT TO MEDICAL
MALPRACTICE CLAIMS BY MEMBERS OF THE UNIFORMED
SERVICES.
Section 2733a of title 10, United States Code, as amended
by section 714, is further amended--
(1) by redesignating subsections (l) and (m) as subsections
(m) and (n), respectively; and
(2) by inserting after subsection (k) the following new
subsection (l):
``(l) Disclosure by Department of Defense.--(1) The
Secretary of Defense shall disclose to a claimant under this
section a copy of all written reports, other than medical
quality assurance records (as defined in section 1102(j) of
this title), prepared by a medical expert of the Department
of Defense or any medical expert consulted by the Department
with respect to the claim.
``(2) Any disclosure under paragraph (1) with respect to an
expert described in such paragraph shall include the
following:
``(A) The records and documents considered by the expert.
``(B) A description of the bases and reasons for the
opinion of the expert.
``(C) The opinion or opinions of the expert regarding
standard of care.
``(D) The opinion or opinions of the expert regarding
causation.
``(E) A description of any disagreement by the expert with
any opinion or opinions of the expert of the claimant.
``(3) Any disclosure under paragraph (1) with respect to an
expert described in such paragraph shall not include an
identification of the expert.
``(4) If an expert described in paragraph (1) does not
prepare a written report, the Secretary shall disclose the
information required under this section to the claimant in
writing.''.
SEC. 723. COMPTROLLER GENERAL STUDY ON IMPACT OF PERINATAL
MENTAL HEALTH CONDITIONS OF MEMBERS OF THE
ARMED FORCES AND THEIR DEPENDENTS ON MILITARY
READINESS AND RETENTION.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on perinatal mental health
conditions among members of the Armed Forces and dependents
of such members during the five-year period preceding the
date of the enactment of this Act.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An assessment of beneficiaries under the TRICARE
program, including members of the Armed Forces and dependents
of such members, who attempted suicide or died by suicide or
substance use overdose during the perinatal period.
(B) An assessment of members of the Armed Forces discharged
from active duty due to a mental health condition within two
years after the perinatal period.
(C) An assessment of beneficiaries under the TRICARE
program, including members of the Armed Forces and dependents
of such members, diagnosed with a perinatal mental health
condition who were relocated during the perinatal period.
(D) An assessment of the effects of retention and promotion
policies of the Department of Defense relating to perinatal
mental health conditions on members of the Armed Forces
seeking and accessing screening, referral, and treatment.
(E) The number of members of the Armed Forces who were
separated from the Armed Forces or did not receive a
promotion due to a diagnosed perinatal mental health
condition.
(F) An assessment of whether policies of the Department can
be modified to provide clear standards for retention and
pathways for promotion of members of the Armed Forces
diagnosed with a perinatal mental health condition.
(G) An assessment of resources needed to integrate
behavioral health specialists into all obstetric care
practices, pediatric practices, and women's clinics.
(H) A disaggregated demographic assessment of the
population included in the study with respect to race,
ethnicity, sex, age, family status (including dual service
and single parent families), military occupation, military
service, and rank, as applicable.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the findings of the
study conducted under subsection (a), including--
(1) recommendations for actions to be taken by the
Secretary of Defense to improve mental health among members
of the Armed Forces and dependents of such members during the
perinatal period;
(2) recommendations for legislative or administrative
action to mitigate the effects of retention and promotion
policies of the Department of Defense on members of the Armed
Forces seeking and accessing mental health care during the
perinatal period; and
(3) such other recommendations as the Comptroller General
determines appropriate.
(c) Definitions.--In this section:
(1) Dependent; tricare program.--The terms ``dependent''
and ``TRICARE program'' have the meanings given those terms
in section 1072 of title 10, United States Code.
(2) Perinatal mental health condition.--The term
``perinatal mental health condition'' means a mental health
disorder that onsets during the perinatal period.
(3) Perinatal period.--The term ``perinatal period'' means
the period during pregnancy and the one-year period following
childbirth, still birth, or miscarriage.
SEC. 724. REPORT ON MENTAL AND BEHAVIORAL HEALTH SERVICES
PROVIDED BY DEPARTMENT OF DEFENSE.
Not later than 90 days after the date of the enactment of
this Act, the Director of the Defense Health Agency shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report that contains the
following:
(1) The current wait times for members of the Armed Forces,
including members of the Selected Reserve of the Ready
Reserve of a reserve component of the Armed Forces who are
enrolled in TRICARE Reserve Select under section 1076d of
title 10, United States Code, to receive mental and
behavioral health services, disaggregated by State.
(2) An assessment of the number of additional mental and
behavioral health care providers needed for the Department of
Defense to meet established metrics associated with access to
mental and behavioral health services.
(3) An explanation of the credentialing standards for
mental and behavioral health care providers of the
Department, including a comparison of those standards to the
standards for other Federal and private sector health care
providers.
SEC. 725. REPORT ON ACTIVITIES OF DEPARTMENT OF DEFENSE TO
PREVENT, INTERVENE, AND TREAT PERINATAL MENTAL
HEALTH CONDITIONS OF MEMBERS OF THE ARMED
FORCES AND THEIR DEPENDENTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the activities of
the Department of Defense to address the mental health of
pregnant and postpartum members of the Armed Forces and
dependents of such members.
(b) Elements.--The report required by subsection (a) shall
include the following
(1) An identification of the military medical treatment
facilities at which the Secretary offers members of the Armed
Forces and their dependents evidence-based programs during
the perinatal period that are proven to prevent perinatal
mental health conditions.
(2) An assessment of such programs offered at such
facilities, including an assessment of--
(A) the types of programs;
(B) the number and location of programs;
(C) the number of members of the Armed Forces and their
dependents who have participated in such programs,
disaggregated by
[[Page S3940]]
Armed Force, military occupation, sex, age, race, and
ethnicity, when applicable; and
(D) whether such programs are delivered in-person or
virtually and the frequency of the availability of such
programs;
(3) The number of behavioral health specialists for
pregnant and postpartum members of the Armed Forces and
dependents integrated into obstetric care practices,
pediatrics, and women's clinics at military medical treatment
facilities.
(4) An assessment of the implementation of, or plans to
implement, a pilot program to provide a reproductive
behavioral health consultation service by the Secretary as
outlined in the White House Blueprint for Addressing the
Maternal Health Crisis, dated June 2022, including--
(A) the number of providers the pilot program has served or
plans to serve, disaggregated by provider type, specialty,
and location;
(B) the number and type of trainings providers received or
will receive through the consultation line on evidence-based
practices to prevent, screen, refer, and treat perinatal
mental health conditions;
(C) the locations that have had or will have access to the
pilot program;
(D) the types of expertise services that the consultation
line provides or will provide; and
(E) methods currently used or that will be used to promote
the availability of the consultation line to providers.
(5) Any recommendations for legislative or administrative
action to improve prevention, intervention, and treatment of
perinatal mental health conditions for members of the Armed
Forces and their dependents.
(c) Definitions.--In this section:
(1) Dependent.--The term ``dependent'' has the meaning
given that term in section 1072(2) of title 10, United States
Code.
(2) Perinatal mental health condition.--The term
``perinatal mental health condition'' means a mental health
disorder that occurs during pregnancy or within one year
following childbirth, stillbirth, or miscarriage.
SEC. 726. STUDY ON FAMILY PLANNING AND CRYOPRESERVATION OF
GAMETES TO IMPROVE RETENTION OF MEMBERS OF THE
ARMED FORCES.
(a) In General.--The Secretary of Defense shall conduct a
study on--
(1) the number of members of the Armed Forces who elect to
leave the Armed Forces for family planning reasons,
disaggregated by gender, age, and military occupational
specialty;
(2) whether the option of cryopreservation of gametes would
lead to greater retention of members of the Armed Forces;
(3) methods for the Department of Defense to offer
cryopreservation of gametes for the purposes of retention of
members of the Armed Forces;
(4) the cost to the Department of offering cryopreservation
of gametes to active duty members of the Armed Forces; and
(5) such other matters relating to family planning and
cryopreservation of gametes for members of the Armed Forces
as the Secretary considers relevant.
(b) Briefing.--Not later than April 1, 2024, the Secretary
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the results of the study
conducted under subsection (a).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. AMENDMENTS TO MULTIYEAR PROCUREMENT AUTHORITY.
Section 3501 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``will result in significant savings'' and
inserting the following: ``will result in--
``(A) significant savings''; and
(B) by striking ``annual contracts.'' and inserting the
following: ``annual contracts; or
``(B) necessary industrial base stability not otherwise
achievable through annual contracts.''; and
(2) by striking ``$500,000,000'' each place it appears and
inserting ``$1,000,000,000''.
SEC. 802. MODERNIZING THE DEPARTMENT OF DEFENSE REQUIREMENTS
PROCESS.
(a) Modernizing the Department of Defense Requirements
Process.--Not later than October 1, 2025, the Secretary of
Defense, acting through the Vice Chairman of the Joint Chiefs
of Staff, in cooperation with the Secretaries of the military
departments and the commanders of the combatant commands, and
in coordination with the Under Secretary of Defense for
Acquisition and Sustainment, shall develop and implement a
streamlined Department of Defense requirements process, to
include modernizing the Joint Capabilities Integration and
Development System, in order to improve alignment between
modern warfare concepts, technologies, and system development
and reduce the time to delivery of needed capabilities to
Department users.
(b) Reform Elements.--The modernization activities
conducted under subsection (a) shall include the following
elements:
(1) Streamlining requirements documents, reviews, and
approval processes, especially for programs below the major
defense acquisition program threshold described in section
4201 of title 10, United Stated Code.
(2) Revisiting requirements management practices from a
first principles perspective based on mission outcomes and
assessed threats, enabling a more iterative and collaborative
approach with the services to shape requirements and
technology driven opportunities.
(3) Developing a capability needs and requirements
framework and pathways that are aligned to the Department's
Adaptive Acquisition Framework pathways, and better aligned
and integrated with the Department's science and technology
processes.
(4) Enabling the military departments to develop an
enduring set of requirements according to a set of capability
portfolios to provide a structure across acquisition programs
and research, which shall be articulated in a concise model
and document with a set of mission impact measures that
capability deliveries will seek to continuously improve.
(5) Establishing a process to rapidly validate the military
utility of commercial solutions to meet capability needs or
opportunities in lieu of the traditional program-centric
requirements definition.
(6) Retiring and replacing the Department of Defense
Architecture Framework with a new structure focused on
enabling interoperability through application program
interfaces, enterprise architectures and platforms, and
government and commercial standards.
(7) Ensuring that requirements processes for software,
artificial intelligence, data, and related capability areas
enable a rapid, dynamic, and iterative approach than
traditional hardware systems.
(c) Elements.--The implementation of streamlined
requirements shall include the following elements:
(1) Collaboration with industry, traditional and non-
traditional defense companies, and the science and technology
community to capture their inputs and feedback on shaping the
Department's requirements processes to ensure it effectively
harnesses the innovation ecosystem.
(2) Development of a formal career path, training, and
structure for requirements management professionals and chief
architects.
(3) Publication of new policies, guidance, and templates
for the operational, requirements, and acquisition workforce
in online digital formats instead of large policy documents.
(d) Interim Report.--Not later than October 1, 2024, the
Secretary of Defense shall submit to the congressional
defense committees an interim report on the modernization
conducted by the Secretary under subsection (a), including--
(1) a description of the modernization efforts;
(2) the Department of Defense's plans to implement,
communicate, and continuously improve the modernization of
the Department's requirements processes and structure; and
(3) any additional recommendations for legislation that the
Secretary determines appropriate.
(e) Final Report.--Not later than October 1, 2025, the
Secretary of Defense shall submit to the Secretary of Defense
and the congressional defense committees a final report
describing activities carried out pursuant to subsections (b)
and (c).
SEC. 803. HEAD OF CONTRACTING AUTHORITY FOR STRATEGIC
CAPABILITIES OFFICE.
(a) Authority.--The Director of the Strategic Capabilities
Office shall have the authority to conduct acquisition
activities within the Strategic Capabilities Office.
(b) Acquisition Executive.---
(1) In general.--The staff of the Director shall include an
acquisition executive, who shall be responsible for the
overall supervision of acquisition matters for the Strategic
Capabilities Office. The acquisition executive shall have the
authority--
(A) to negotiate memoranda of agreement with the military
departments and Department of Defense components to carry out
the acquisition of equipment, capabilities, and services on
behalf of the Office;
(B) to supervise the acquisition of equipment,
capabilities, and services on behalf of the Office;
(C) to represent the Office in discussions with the
military departments regarding acquisition programs for which
the Office is a customer; and
(D) to work with the military departments to ensure that
the Office is appropriately represented in any joint working
group or integrated product team regarding acquisition
programs for which the Office is a customer.
(2) Delivery of acquisition solutions.--The acquisition
executive of the Strategic Capabilities Office shall be--
(A) responsible to the Director for rapidly delivering
acquisition solutions to meet validated cyber operations-
peculiar requirements;
(B) subordinate to the defense acquisition executive in
matters of acquisition;
(C) subject to the same oversight as the service
acquisition executives; and
(D) included on the distribution list for acquisition
directives and instructions of the Department of Defense.
(c) Implementation Plan Required.--The authority granted in
subsection (a) shall become effective 30 days after the date
on
[[Page S3941]]
which the Secretary of Defense provides to the congressional
defense committees a plan for implementation of those
authorities under subsection (a). The plan shall include the
following:
(1) Summaries of the components to be negotiated in the
memoranda of agreement with the military departments and
other Department of Defense components to carry out the
development, acquisition, and sustainment of equipment,
capabilities, and services described in subsection (b)(1).
(2) Negotiation and approval timelines for memorandum of
agreement.
(3) A plan for oversight of the acquisition executive
established under subsection (b).
(4) An assessment of the acquisition workforce needs of the
Strategic Capabilities Office to support the authority
provided under subsection (a) until 2028.
(5) Other matters as appropriate.
(d) Annual End-of-year Assessment.--Each year, the Under
Secretary of Defense for Acquisition and Sustainment shall
review and assess the acquisition activities of the Strategic
Capabilities Office, including contracting and acquisition
documentation, for the previous fiscal year and provide any
recommendations or feedback to the acquisition executive of
the Strategic Capabilities Office.
(e) Sunset.--
(1) In general.--The authority provided under this section
shall terminate on September 30, 2028.
(2) Limitation on duration of acquisitions.--The authority
under this section does not include major defense acquisition
programs, major automated information system programs, or
acquisitions of foundational infrastructure or software
architectures the duration of which is expected to last more
than five years.
SEC. 804. PILOT PROGRAM FOR THE USE OF INNOVATIVE
INTELLECTUAL PROPERTY STRATEGIES.
(a) In General.--As soon as practicable, the Secretary of
each military department shall designate one acquisition
program within their service and the Under Secretary of
Defense for Acquisition and Sustainment shall designate one
acquisition program within the Department of Defense Agencies
and Field Activities for the use of innovative intellectual
property strategies in order to acquire the necessary
technical data rights required for the operations and
maintenance of that system.
(b) Briefing Requirement.--Not later than 180 days after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment, in coordination with
the Secretaries of the military departments, shall provide a
briefing to the Committees on Armed Services of the Senate
and the House of Representatives with a detailed plan to
implement the requirements of this section.
(c) Annual Report.--Upon selection of the programs to be
covered by this section and until the termination of this
authority, the Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the Secretaries of the
military departments, shall provide an annual report to the
Committees on Armed Services of the Senate and the House of
Representatives on the effectiveness of the pilot program in
acquiring the data necessary to support timely, cost-
effective maintenance and sustainment of the system and any
recommendations for the applicability of lessons learned from
this pilot program to future acquisition programs.
(d) Definitions.--In this section:
(1) Department of defense agencies and field activities.--
The terms ``Department of Defense Agency'' and ``Department
of Defense Field Activity'' have the meanings given those
terms in section 101 of title 10, United States Code.
(2) Innovative intellectual property strategies.--The term
``innovative intellectual property strategies'' includes the
following:
(A) The use of an escrow account to verify and hold
intellectual property data.
(B) The use of royalties or licenses.
(C) Other innovative strategies to acquire the necessary
level of intellectual property and data rights to support the
operations, maintenance, installation, and training (OMIT) of
the selected program.
(e) Sunset.--The authority to initiate a program under this
section shall terminate on December 31, 2028.
SEC. 805. FOCUSED COMMERCIAL SOLUTIONS OPENINGS
OPPORTUNITIES.
(a) Requirement.--The Secretary of Defense, in coordination
with the service acquisition executives of each military
department, shall create not less than three new commercial
solutions opening (CSO) opportunities pursuant to section
3458 of title 10, United States Code, each fiscal year. Each
such CSO opportunities shall be dedicated to addressing the
mission needs and integrated priority lists of a single
geographic combatant command.
(b) Execution.--In creating the CSO opportunities required
under subsection (a), the Secretary of Defense shall--
(1) assign the responsibility for issuing a CSO to a single
military department, with a program executive officer from
that military department assigned as lead; and
(2) ensure that any program executive office (PEO)
assignment should be made to align the needs of the CSO with
a PEO that has similar existing requirements and funding for
transitioning technologies within the focus area.
(c) Sunset.--The requirement in subsection (a) shall expire
on September 30, 2027.
SEC. 806. STUDY ON REDUCING BARRIERS TO ACQUISITION OF
COMMERCIAL PRODUCTS AND SERVICES.
(a) In General.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment, shall conduct a study on the feasibility and
advisability of--
(1) establishing a default determination that products and
services acquired by the Department of Defense are commercial
and do not require commercial determination as provided under
section 3456 of title 10, United States Code;
(2) establishing a requirement for non-commercial
determinations to be made for acquisitions to use procedures
other than part 12 of the Federal Acquisition Regulation; and
(3) mandating use of commercial procedures under part 12 of
the Federal Acquisition Regulation unless a justification of
non-commerciality is determined.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
findings of the study conducted under subsection (a). The
report shall include specific findings with relevant data and
proposed recommendations, including for any necessary and
desirable modifications to applicable statute for any changes
the Department seeks to make regarding paragraphs (1) through
(3) of subsection (a).
SEC. 807. SENSE OF THE SENATE ON INDEPENDENT COST ASSESSMENT.
It is the sense of the Senate that--
(1) to implement the National Defense Strategy, the
Department of Defense requires thoughtful and thorough
analysis to ensure efficient and effective use of each
taxpayer dollar to inform tradeoff analysis that delivers the
optimum portfolio of military capabilities;
(2) the Secretary of Defense requires timely, insightful,
and unbiased analysis on cost estimation for major defense
acquisition programs; and
(3) the Office of the Director of Cost Assessment and
Program Evaluation supports implementation of the National
Defense Strategy by--
(A) providing insight into the costs of major defense
acquisition programs and other technology development
initiatives that enables responsible budgeting and proactive
management decisions so that the Department can control cost,
drive efficiency, and achieve savings;
(B) ensuring that the cost estimation workforce of the
Department of Defense is using the most modern and realistic
cost estimation methodologies, tools, and tradecraft,
including the collection and distribution of data through the
Cost Assessment Data Enterprise; and
(C) providing timely review and oversight of cost estimates
performed by the defense agencies and military departments.
SEC. 808. EMERGENCY ACQUISITION AUTHORITY FOR PURPOSES OF
REPLENISHING UNITED STATES STOCKPILES.
Section 3601(a)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (A)(iv), by striking ``; or'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) for purposes of--
``(i) replenishing United States stockpiles with like
defense articles when those stockpiles are diminished as a
result of the United States providing defense articles in
response to an armed attack by a country of concern (as that
term is defined in section 1(m) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(m)) against--
``(I) a United States ally (as that term is defined in
section 201(d) of the Act of December 2, 1942, entitled, `To
provide benefits for the injury, disability, death, or enemy
detention of employees of contractors with the United States,
and for other purposes' (56 Stat. 1028, chapter 668; 42
U.S.C. 1711(d))); or
``(II) a United States partner; or
``(ii) contracting for the movement or delivery of defense
articles transferred to such ally or partner through the
President's drawdown authorities in connection with such
response,
provided that the United States is not a party to the
hostilities.''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. COMMANDER INITIATED RAPID CONTRACTING ACTIONS.
(a) In General.--The commander of a combatant command, upon
providing a written determination to a supporting head (or
heads) of contracting activity (HCA), may request emergency,
rapid contracting response using special authorities
described in subsection (b)--
(1) in support of a contingency operation (as defined in
section 101(a) of title 10, United States Code);
(2) to facilitate the defense against or recovery from
cyber, nuclear, biological, chemical, or radiological attack
against the United States;
(3) in support of a humanitarian or peacekeeping operation
(as the term is defined in section 3015(2) of title 10,
United States Code); and
[[Page S3942]]
(4) for purposes of protecting the national security
interests of the United States during directed operations
that fall below the level of armed conflict.
(b) Applicability.--In carrying out subsection (a), the HCA
may utilize the following authorities to rapidly respond to
time-sensitive or unplanned emergency situations:
(1) For actions taken under subsection (a) in the case of a
contract to be awarded and performed, or purchase to be made,
in the United States, simplified procedures for a single
contracting action may be used up to $15,000.
(2) For actions taken under subsection (a) in the case of a
contract to be awarded and performed, or purchase to be made,
outside the United States, simplified procedures for a single
contracting action may be used up to $25,000.
(3) For purposes of section 3205(a)(2) of title 10, United
States Code, the applicable threshold is deemed to be
$10,000,000.
(4) The property or service being procured may be treated
as a commercial product or a commercial service for the
purpose of carrying out the procurement.
(c) Determination.--A written determination required under
subsection (a) may be used to cover more than one requested
action, and may be directed to more than one HCA, and shall
include:
(1) The rationale for initiating the request in accordance
with paragraphs (1) though (4) of such subsection.
(2) A description of the actions being requested of the
HCA.
(3) A declaration that funds are available for such
requested contracting support.
(d) Sunset.--The authority under subsection (a) shall
terminate on September 30, 2028.
(e) Annual Report.--Not later than January 15, 2025, and
annually thereafter for four years, the Chairman of the Joint
Chiefs of Staff, in coordination with the Under Secretary of
Defense for Acquisition and Sustainment, shall provide a
report to the congressional defense committees on the use of
the authority under this section for the previous fiscal
year. The report shall include a summary of each instance of
the authority being used, including--
(1) the combatant command initiating the action or actions;
(2) the supporting HCA or HCAs; and
(3) the specific actions requested, including the contract
performer and value of contracting action.
SEC. 812. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE
ENEMY.
(a) In General.--Section 841 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 4871 note
prec.) is amended--
(1) by striking the section heading and inserting ``threat
mitigation in commercial support to operations'';
(2) in subsection (a)--
(A) by striking the subsection heading and inserting
``Program Established'';
(B) by striking ``and in consultation with the Secretary of
State'' and all that follows through the period at the end
and inserting ``and the Secretary of State, establish a
program to enable combatant commanders to identify and manage
risks introduced by covered persons and entities providing
commercial support to military operations. The Secretary of
Defense shall publish policy establishing this program with
responsibilities for program execution and oversight and
procedures for use of available intelligence, security, and
law enforcement information to identify threats and
employment of a range of strategies, including the covered
procurement actions described in this section, to manage
risks posed by covered persons and entities that are engaged
in covered activities.'';
(3) by amending subsection (b) to read as follows:
``(b) Authority.--
``(1) Identification.--The combatant commander shall
identify covered persons or entities engaged in covered
activities through the program established under subsection
(a). Upon identification of a covered person or entity,
combatant commanders, or their designated deputies, shall
notify and provide rationale for such an identification to
the Under Secretary of Defense for Acquisition and
Sustainment, the Under Secretary of Defense for Intelligence
and Security, and the Under Secretary of Defense for Policy.
``(2) Covered procurement actions.--
``(A) In general.--The head of a contracting activity may
exercise a covered procurement action on a covered persons or
entity.
``(B) Limitation on covered procurement actions.--The head
of a contracting activity may exercise a covered procurement
action only after receiving a notification and recommendation
from the Under Secretary of Defense for Acquisition and
Sustainment, based on a risk assessment by the identifying
combatant commander, that states that--
``(i) the person or entity identified by the combatant
commander meets the criteria for a covered person or entity
and was or is actively engaged in one or more covered
activities; and
``(ii) less intrusive measures are not reasonably available
to manage the risk.'';
(4) by amending subsection (c) to read as follows:
``(c) Notification to Covered Person or Entity.--
``(1) Advance notice.--Contracting activities shall notify
covered persons and entities through covered solicitations
and contracts, grants, or cooperative agreements of the
following matters:
``(A) The program established under subsection (a).
``(B) The authorities established under subsection (b).
``(C) The responsibilities of covered persons or entities
to exercise due diligence to mitigate their engagement in
covered activities.
``(2) Notice of covered procurement actions.--
``(A) In general.--Upon exercising a covered procurement
action, the head of a contracting activity shall notify the
covered person or entity of the action. The covered person or
entity shall be permitted the opportunity to challenge the
covered procurement action by requesting an administrative
review of the action under the procedures of the Department
of Defense not later than 30 days after receipt of notice of
the action.
``(B) Limitation on disclosure of information.--Full
disclosure of information to a covered person or entity
justifying an identification made under subsection (b)(1) or
a covered procurement action need not be provided when such a
disclosure would compromise national security or would pose
an unacceptable threat to personnel of the United States or
partners and allies.
``(C) Protection of classified information.--Classified
information relied upon to exercise a covered procurement
action may not be disclosed to a covered person or entity, or
to their representatives, unless a protective order issued by
a court of competent jurisdiction established under article I
or article III of the Constitution of the United States
specifically addresses the conditions under which such
classified information may be disclosed.'';
(5) by amending subsection (d) to read as follows:
``(d) Covered Procurement Action Reporting.--All covered
procurement actions shall be reported to the Under Secretary
of Defense for Acquisition and Sustainment and reported in
the Federal Awardee Performance and Integrity Information
System (FAPIIS) or other formal systems or record. Exclusions
shall also be reported in the System for Award Management
(SAM).'';
(6) by amending subsection (e) to read as follows:
``(e) Annual Review.--The Secretary of Defense, in
coordination with the Director of National Intelligence and
the Secretary of State, shall, on an annual basis, review the
lists of persons and entities having been subject to a
covered procurement action under subsection (b)(2) to
determine whether or not such persons and entities continue
to warrant use of the covered procurement action.'';
(7) by amending subsection (f) to read as follows:
``(f) Waiver.--The Secretary of Defense, in conjunction
with the Secretary of State, may grant a waiver for actions
taken under subsection (b) if it is in the best interest of
national security.'';
(8) by amending subsection (g) to read as follows:
``(g) Delegation of Authority.--The authority provided by
subsection (b) to make a determination to use a covered
procurement action, in whole or in part, may not be delegated
below the level of head of contracting activity, or
equivalent official for purposes of grants or cooperative
agreements.'';
(9) by amending subsection (h) to read as follows:
``(h) Updating Regulations.--The Federal Acquisition
Regulation and the Defense Federal Acquisition Regulation
Supplement shall be revised to implement the provisions of
this subtitle.'';
(10) in subsection (i)--
(A) in paragraph (1)--
(i) by striking ``Director of the Office of Management and
Budget'' and inserting ``Secretary of Defense'';
(ii) by striking ``appropriate committees of Congress'' and
inserting ``congressional defense committees'';
(iii) in subparagraph (A)--
(I) by striking ``an executive agency exercised the
authority to terminate, void, or restrict a contract, grant,
and cooperative agreement pursuant to subsection (c), based
on a notification under subsection (b)'' and inserting ``a
head of contracting activity exercised a covered procurement
action'';
(II) in clause (i) by striking ``executive agency'' and
inserting ``head of contracting activity'';
(III) in clause (ii), by striking ``the action taken'' and
inserting ``exercising the covered procurement action'';
(IV) in clause (iii), by striking ``voided or terminated''
and inserting ``subject to the covered procurement action'';
and
(V) in clause (iv)--
(aa) by striking ``executive agency in force'' and
inserting ``Department of Defense has'' and
(bb) by striking ``concerned at the time the contract,
grant, or cooperative agreement was terminated or voided''
and replacing with ``at the time of exercise of the covered
procurement action''; and
(iv) in subparagraph (B)--
(I) by striking ``an executive agency did not exercise the
authority to terminate, void, or restrict a contract, grant,
and cooperative agreement pursuant to subsection (c), based
on a notification under subsection
[[Page S3943]]
(b)'' and inserting ``a head of contracting activity did not
exercise a covered procurement action following an
identification from a combatant commander'';
(II) in clause (i), by striking ``executive agency'' and
inserting ``head of contracting activity''; and
(III) in clause (ii), by inserting ``covered procurement''
before ``action''; and
(B) in paragraph (2), by striking ``Director'' and
inserting ``Secretary of Defense'';
(11) by striking subsection (j) and (m) and redesignating
subsections (k), (l), and (n) as subsections (j), (k), and
(l), respectively;
(12) in subsection (k), as redesignated by paragraph (11),
by striking ``Except as provided in subsection (l), the'' and
inserting ``The''; and
(13) in subsection (l), as so redesignated, by striking
``December 31, 2025'' and inserting ``December 31, 2033''.
(b) Access to Records.--Section 842 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 is amended by striking subsections (a)
through (c) and inserting the following:
``(a) Additional Access to Records.--The Secretary of
Defense may examine any records of persons or entities that
have existing contracts with, or are active recipients of a
grant or cooperative agreement from, the Department of
Defense, including any subcontractors or subgrantees, to the
extent necessary to support the program established under
section 841 of this Act.
``(b) Limitation.--The examination authorized under
subsection (a) may only take place after a written
determination is made by the contracting officer, informed by
a finding from the combatant commander, stating that this
examination will support the program established under such
section 841, and less intrusive measures are not reasonably
available to manage the risk.''.
(c) Definitions.--Section 843 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 is amended--
(1) by striking paragraphs (1), (2), (3), (4), (7), and (9)
and redesignating paragraphs (5), (6), and (8) as paragraphs
(2), (3), and (6);
(2) by inserting before paragraph (2), as redesignated by
paragraph (1) of this section, the following new paragraph:
``(1) Covered activities.--The term `covered activities'
means activities where a covered person or entity is--
``(A) engaging in acts of violence against personnel of the
United States or partners and allies;
``(B) providing financing, logistics, training, or
intelligence to a person described in subparagraph (A);
``(C) engaging in foreign intelligence activities against
the United States or partners and allies;
``(D) engaging in transnational organized crime or criminal
activities; or
``(E) engaging in other activities that present a direct or
indirect risk to United States or partner and allied missions
and forces.'';
(3) in paragraph (2), as so redesignated, by striking
``with an estimated value in excess of $50,000 that is
performed outside the United States, including its
territories and possessions, in support'' and all that
follows through the period at the end and inserting ``that is
performed outside the United States, including its
territories and possessions.'';
(4) by amending paragraph (3), as so redesignated, to read
as follows:
``(3) Covered person or entity.--The term `covered person
or entity' means any person, corporation, company, limited
liability company, limited partnership, business trust,
business association, or other similar entity outside of the
United States or any foreign reporting company in accordance
with section 5336(a)(11)(A)(ii) of title 31, United States
Code, that is responding to a covered solicitation or
performing work on a covered contract, grant, or cooperative
agreement.''; and
(5) by inserting after paragraph (3), as so redesignated,
the following new paragraphs:
``(4) Covered procurement action.--The term `covered
procurement action'means an action taken by a head of
contracting activity to--
``(A) exclude a person or commercial entity from award with
or without an existing contract, grant, or cooperative
agreement;
``(B) terminate an existing contract, grant, or cooperative
agreement for default; or
``(C) void in whole or in part an existing contract, grant,
or cooperative agreement.
``(5) Covered solicitation.--The term `covered
solicitation' means any Department of Defense solicitation
for work for which the place of performance is outside of the
United States.''.
(d) Effective Date.--The amendments made by this section
shall take effect not later than 180 days after the enactment
of this Act, and shall apply to covered solicitations issued
and covered contracts, grants, or cooperative agreements (as
that term is defined in section 843 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015, as amended by subsection (c)) awarded
on or after such date, and to task and delivery orders that
have been issued on or after such date pursuant to covered
contracts, grants, or cooperative agreements that are awarded
before, on, or after such date.
SEC. 813. ENHANCEMENT OF DEPARTMENT OF DEFENSE CAPABILITIES
TO PREVENT CONTRACTOR FRAUD.
(a) Withholding of Contractual Payments.--Subsection (a) of
section 4651 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2)--
(A) by striking ``clause (1)'' and inserting ``paragraph
(1)''; and
(B) by striking ``at least three, but not more than 10, as
determined by the Secretary or his designee, times the cost
incurred by the contractor in giving gratuities to the
officer, official, or employee concerned.'' and inserting
``of up to 10 percent of the total contract award amount;'';
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) with respect to a contract that could have been
terminated under paragraph (1) but for the completion of
performance of the contract, the United States is entitled to
exemplary damages as set forth in paragraph (2); and
``(4) the Secretary of Defense or the Secretary of a
military department may, after providing notice to the
contractor and pending the determination concerning exemplary
damages referred to in paragraph (2), withhold from payments
otherwise due to the contractor under any contract between
the contractor and the United States an amount not to exceed
10 percent of the total contract award amount.''; and
(4) in the matter following paragraph (4), as added by
paragraph (3) of this subsection, by striking ``clause (1)''
and inserting ``paragraph (1)''.
(b) Burden of Proof.--Paragraph (1) of section 4651(a) of
title 10, United States Code, as amended by subsection (a) of
this section, is further amended by inserting ``and by a
preponderance of the evidence'' after ``after notice and
hearing''.
SEC. 814. MODIFICATION OF APPROVAL AUTHORITY FOR HIGH DOLLAR
OTHER TRANSACTION AGREEMENTS FOR PROTOTYPES.
(a) Amendments Relating to Authority.--Section
4022(a)(2)(C)(i)(I) of title 10, United States Code, is
amended by inserting after ``subsection (d)'' the following:
``were met for the prior transaction for the prototype
project that provided for the award of the follow-on
production contract or transaction, and the requirements of
subsection (f)''.
(b) Amendment Relating to Appropriate Use of Authority.--
Section 4022(d) of such title is amended by adding at the end
the following new paragraph:
``(3) The requirements of this subsection do not apply to
follow-on production contracts or transactions under
subsection (f).''.
SEC. 815. MODIFICATIONS TO EARNED VALUE MANAGEMENT SYSTEM
REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary for
Acquisition and Sustainment shall update appropriate policies
related to Earned Value Management (EVM) as follows:
(1) Update subpart 234.2 of the Defense Federal Acquisition
Regulation Supplement (DFARS) to exempt all software
contracts and subcontracts from EVM requirements.
(2) Update sections 234.201, 234.203, 252.234-7001, and
252.242-7002 of the DFARS--
(A) to increase contract value thresholds associated with
requiring EVM on cost or incentive contracts from $20,000,000
to $50,000,000; and
(B) to increase the contract value threshold for the
contractor to use an EVM System from $50,000,000 to
$100,000,000.
(b) Implementation.--If the Under Secretary of Defense for
Acquisition and Sustainment is unable to update the
regulations specified in subsection (a) before the deadline
specified in such subsection, the Under Secretary of Defense
for Acquisition and Sustainment shall providing to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a briefing
explaining the timeline for implementation.
SEC. 816. INVENTORY OF INFLATION AND ESCALATION INDICES.
(a) Inventory Required.--
(1) In general.--Not later than September 30, 2024, the
Under Secretary of Defense for Acquisition and Sustainment,
in coordination with the Service Acquisition Executives,
shall conduct an inventory of inflation and escalation
indices currently used for contracting and pricing purposes
across the Department and make the inventory available as a
resource for all government and industry contracting and
pricing professionals.
(2) Elements.--The inventory required under paragraph (1)--
(A) shall include indices used for products and indices
used for services, including accessibility instructions;
(B) may include relevant indices derived from or leveraged
by commercial, academic, or nongovernmental sources; and
(C) shall separately identify indices for which the
Department of Defense purchases access.
(b) Assessment.--As part of the inventory required under
subsection (a), the Under Secretary of Defense for
Acquisition and Sustainment shall also conduct an assessment
of the available inflation and escalation indices in order to
determine--
(1) gaps in any available indices where identification or
development of new indices may be necessary; and
(2) in instances where there are multiple indices being
used--
[[Page S3944]]
(A) whether consolidation on a single index or smaller
subset of indices is possible or advisable; and
(B) whether commercial, academic, or nongovernmental
indices have any comparative benefit or advantage over
governmental sources.
(c) Periodic Updates.--The Under Secretary of Defense for
Acquisition and Sustainment shall periodically, and not less
than once every 5 years, review and update the inventory
required under subsection (a).
(d) Guidance.--Not later than March 30, 2025, the Under
Secretary of Defense for Acquisition and Sustainment, in
coordination with the Service Acquisition Executives, shall
issue guidance providing for the consistent application and
maintenance of data included in the inventory required under
subsection (a) for use by government contracting and pricing
personnel.
SEC. 817. PILOT PROGRAM TO INCENTIVIZE PROGRESS PAYMENTS.
(a) Pilot Program.--The Under Secretary of Defense for
Acquisition and Sustainment shall establish and implement a
pilot program to incentivize large business concerns awarded
Department of Defense contracts to qualify for progress
payments up to 10 percentage points higher than the standard
progress payment rate.
(b) Incentives.--The Under Secretary for Acquisition and
Sustainment shall establish clear and measurable criteria to
provide for the payment to contractors of higher progress
payments as described in subsection (a), including meeting
one or more of the following criteria:
(1) Adherence to delivery dates for contract end items and
contract data requirement lists or compliance with the
performance milestone schedule during the preceding fiscal
year.
(2) The lack of any open level III or IV corrective action
requests.
(3) Acceptability of the contractor's business systems
without significant deficiencies.
(4) Meeting small business subcontracting goals during the
preceding fiscal year.
(c) Report.--The Under Secretary for Acquisition and
Sustainment shall submit to the Committees on Armed Services
of the Senate and House of Representatives an annual report
on the implementation of the pilot program established under
subsection (a), including a comprehensive list of contractors
and the contracts that received the increased progress
payments.
(d) Definitions.--In this section:
(1) Standard progress payment rate.--The term ``standard
progress payment rate'' refers to the rate of progress
payments provided for under section 3804 of title 10, United
States Code, and payable in accordance with the applicable
provisions of the Federal Acquisition Regulation and the
Defense Federal Acquisition Regulation Supplement.
(2) Large business concerns.--The term ``large business
concerns'' means a business concern that exceeds the small
business size code standards established by the Small
Business Administration as set forth in part 121 of title 13,
Code of Federal Regulations.
(e) Sunset.--The authority to carry out the pilot program
established under subsection (a) shall terminate on January
1, 2026.
SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE
CONTRACTING AND PRICING PROCESSES.
Section 890 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
as most recently amended by section 818 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023, is further amended in subsection (c) by striking
``January 2, 2024'' and inserting ``January 2, 2028''.
SEC. 819. PREVENTING CONFLICTS OF INTEREST FOR DEPARTMENT OF
DEFENSE CONSULTANTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall amend
the Defense Federal Acquisition Regulation--
(1) to require any entity that provides the services
described in North American Industry Classification System
(NAICS) code 5416, prior to entering into the Department of
Defense contract, to certify that--
(A) neither the entity nor any of its subsidiaries or
affiliates hold a contract with one or more covered foreign
entities; or
(B) the entity maintains a Conflict of Interest Mitigation
Surveillance Plan described under subsection (b) that is
auditable by contract oversight entities; and
(2) to restrict Department of Defense contracts from being
awarded to an entity that provides the services described
under the NAICS code 5416, if the entity or any of its
subsidiaries or affiliates are determined, based on the self-
certification required under paragraph (1) or other
information, to be a contractor of, or otherwise providing
services to, a covered foreign entity unless such contractor
maintains an enforceable Conflict of Interest Mitigation
Surveillance Plan.
(b) Conflict of Interest Mitigation Surveillance Plan.--
Contractors that are unable to certify under subsection
(a)(1)(A) that neither they nor any of their subsidiaries or
affiliates hold a contract with one or more covered foreign
entities shall maintain a Conflict of Interest Mitigation
Surveillance Plan that is updated annually and shall be
provided to applicable contract oversight entities upon
request. The plan shall include--
(1) identification of the contracts with the covered
foreign entity (or entities) including the specific entity,
the dollar value of the contract, and the specific personnel
working on the contract;
(2) mitigation measures being taken to prevent conflicts of
interest (corporately as well as for individuals working on
the contract) that might arise by also supporting Department
of Defense contracts; and
(3) notification procedures to the contract oversight
entities within 15 days of determining an unmitigated
conflict of interest has arisen.
(c) Waiver.--The Secretary of Defense, or designee, shall
have the authority to waive conflicts of interest
restrictions under subsection (a) on a case-by-case basis as
may be necessary to continue contracting for certain national
security requirements. The Secretary of Defense may not
delegate such authority to an official below the level of a
Presidentially appointed, Senate-confirmed official.
(d) Waiver Notification.--Not later than 30 days after
issuing a waiver under subsection (c) of this section, the
Secretary of Defense shall provide a written notification to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
regarding the use of such waiver authority. The notification
shall include--
(1) the specific justification for providing the waiver;
(2) the covered foreign entity with which the waiver
recipient is working which gives rise to the conflict of
interest;
(3) the number of bidders on a contract on which the waiver
was required;
(4) the number of bidders on a contract for which a waiver
would not have been required to have been issued; and
(5) the total dollar value of the contract.
(e) Definitions.--In this section:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means any of the following:
(A) The Government of the People's Republic of China, any
Chinese state-owned entity, or other entity under the
ownership, or control, directly or indirectly, of the
Government of the People's Republic of China or the Chinese
Communist Party that is engaged in one or more national
security industries.
(B) The Government of the Russian Federation, any Russian
state-owned entity, or any entity sanctioned by the Secretary
of the Treasury under Executive Order 13662 titled ``Blocking
Property of Additional Persons Contributing to the Situation
in Ukraine''(79 Fed. Reg. 16169).
(C) The government or any state-owned entity of any country
if the Secretary of State determines that such government has
repeatedly provided support for acts of international
terrorism pursuant to--
(i) section 1754(c)(1)(A) of the Export Control Reform Act
of 2018 (50 U.S.C. 4318(c)(1)(A));
(ii) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(iii) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(iv) any other provision of law.
(D) Any entity included on any of the following lists
maintained by the Department of Commerce:
(i) The Entity List set forth in Supplement No. 4 to part
744 of the Export Administration Regulations.
(ii) The Denied Persons List as described in section
764.3(a)(2) of the Export Administration Regulations.
(iii) The Unverified List set forth in Supplement No. 6 to
part 744 of the Export Administration Regulations.
(iv) The Military End User List set forth in Supplement No.
7 to part 744 of the Export Administration Regulations.
(2) Contract oversight entities.--The term ``contract
oversight entities'' means any of the following:
(A) The contracting officer.
(B) The contracting officer representative.
(C) The Defense Contract Management Agency.
(D) The Defense Contract Audit Agency.
(E) The Office of Inspector General (OIG) of the Department
of Defense or any subcomponent of OIG.
(F) The Government Accountability Office.
SEC. 820. PROHIBITION ON REQUIRING DEFENSE CONTRACTORS TO
PROVIDE INFORMATION RELATING TO GREENHOUSE GAS
EMISSIONS.
(a) Definitions.--In this section:
(1) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) nitrogen trifluoride;
(E) hydrofluorocarbons;
(F) perfluorcarbons; or
(G) sulfur hexafluoride.
(2) Greenhouse gas inventory.--The term ``greenhouse gas
inventory'' means a quantified list of an entity's annual
greenhouse gas emissions.
(3) Nontraditional defense contractor.--The term
``nontraditional defense contractor'' has the meaning given
the term in section 3014 of title 10, United States Code.
(b) Prohibition on Disclosure Requirements.--
(1) Nontraditional defense contractors.--The Secretary of
Defense may not require any nontraditional defense contractor
recipient of a defense contract to provide a
[[Page S3945]]
greenhouse gas inventory or to provide any other report on
greenhouse gas emissions.
(2) Other than nontraditional defense contractors.--During
the two-year period beginning on the date of the enactment of
this Act, the Secretary of Defense may not require any other
than nontraditional defense contractor recipient of a defense
contract to provide a greenhouse gas inventory or to provide
any other report on greenhouse gas emissions.
SEC. 821. PROHIBITION ON CONTRACTS FOR THE PROVISION OF
ONLINE TUTORING SERVICES BY ENTITIES OWNED BY
THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Secretary of Defense may not, on or
after the date of the enactment of this Act, enter into or
renew a contract for the provision of online tutoring
services by an entity owned or controlled by the Government
of the People's Republic of China.
(b) Waiver.--
(1) In general.--The Secretary may waive the prohibition
under subsection (a).
(2) Nondelegation.--The Secretary may not delegate the
authority to issue a waiver under paragraph (1).
SEC. 822. MODIFICATION OF TRUTHFUL COST OR PRICING DATA
SUBMISSIONS AND REPORT.
Section 3705(b)(2)(B) of title 10, United States Code, is
amended by striking ``should-cost analysis.'' and all that
follows through ``past performance.'' and inserting ``should-
cost analysis and shall identify such offerors that incur a
delay greater than 200 days in submitting such cost or
pricing data. The Secretary of Defense shall include a public
notation on such offerors.''.
SEC. 823. REPEAL OF BONAFIDE OFFICE RULE FOR 8(A) CONTRACTS
WITH THE DEPARTMENT OF DEFENSE.
Section 8(a)(11) of the Small Business Act (15 U.S.C.
637(a)(11)) is amended--
(1) by inserting ``(A)'' before ``To the maximum''; and
(2) by adding at the end the following:
``(B) Subparagraph (A) shall not apply with respect to a
contract entered into under this subsection with the
Department of Defense.''.
Subtitle C--Industrial Base Matters
SEC. 831. DEFENSE INDUSTRIAL BASE ADVANCED CAPABILITIES PILOT
PROGRAM.
(a) Establishment.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall carry out a pilot program
through a public-private partnership to accelerate the
scaling, production, and acquisition of advanced defense
capabilities determined by the Under Secretary to be critical
to the national security by creating incentives for
investment in domestic small businesses or nontraditional
businesses to create a robust and resilient defense
industrial base.
(2) Goals.--The goals of the public-private partnership
pilot program are as follows:
(A) To bolster the defense industrial base through
acquisition and deployment of advanced capabilities necessary
to field Department of Defense modernization programs and
priorities.
(B) To strengthen domestic defense supply chain resilience
and capacity by investing in innovative defense companies.
(C) To leverage private equity capital to accelerate
domestic defense scaling, production, and manufacturing.
(b) Public-private Partnerships.--
(1) In general.--In carrying out subsection (a), the Under
Secretary shall enter into one or more public-private
partnerships, consistent with the phased implementation
provided for in subsection (e), with for-profit persons using
the criteria set forth in paragraph (2).
(2) Criteria.--The Under Secretary shall establish criteria
for entering into one or more public-private partnerships and
shall submit to the congressional defense committees such
criteria, which shall not take effect for the purposes of
entering into any agreement until 30 days after submission.
(3) Operating agreement.--The Under Secretary and a person
or persons with whom the Under Secretary enters a partnership
under paragraph (1) shall enter into an operating agreement
that sets forth the roles, responsibilities, authorities,
reporting requirements, term, and governance framework for
the partnership and its operations. Such operating agreements
may not take effect until 30 days after they have been
submitted to the congressional defense committees.
(c) Investment of Equity.--
(1) In general.--Pursuant to public-private partnerships
entered into under subsection (b), a person or persons with
whom the Under Secretary has entered into a partnership may
invest equity in domestic small businesses or nontraditional
businesses consistent with subsection (a), with investments
selected based on technical merit, economic value, and the
Department's modernization priorities. The partnership shall
require investment in not less than 10 businesses, with no
business representing greater than 20 percent of total
investment and no capability area exceeding 40 percent of
total investment
(2) Authorities.--A person or persons described in
paragraph (1) shall have sole authority to operate, manage,
and invest.
(d) Loan Guarantee.--
(1) In general.--Pursuant to the authority established
under [section __] the Under Secretary shall provide an up to
80 percent loan guarantee, pursuant to the public-private
partnerships entered into under subsection (b), with
investment of equity that qualifies under subsection (c) and
consistent with the goals set forth under subsection (a)(2).
(2) Pilot program authority.--The temporary loan guarantee
authority described under paragraph (1) is exclusively for
the public-private partnerships authorized under this section
and may not be utilized for other programs or purposes.
(3) Subject to operating agreement.--The loan guarantee
under paragraph (1) shall be subject to the operating
agreement entered into under subsection (b)(3).
(4) Use of funds.--Obligations incurred by the Under
Secretary under this paragraph shall be subject to the
availability of funds provided in advance specifically for
the purpose of such loan guarantees.
(e) Phased Implementation Schedule and Required Reports and
Briefings.--The program established under subsection (a)
shall be carried out in two phases as follows:
(1) Phase 1.--
(A) In general.--Phase 1 shall consist of an initial pilot
program with one public-private partnership, consistent with
subsection (b), to assess the feasibility and advisability of
expanding the scope of the program. The Under Secretary shall
begin implementation of phase 1 not later than 180 days after
the date of the enactment of this Act.
(B) Implementation schedule and framework.--Not later than
90 days after the date of the enactment of this Act, the
Secretary shall submit an implementation plan to the
congressional defense committees on the design of phase 1.
The plan shall include--
(i) an overview of, and the activities undertaken, to
execute the public-private partnership;
(ii) a description of the advanced capabilities and defense
industrial base areas under consideration for investment;
(iii) an overview of the operating agreement described in
subsection (b)(3); and
(iv) implementation milestones and metrics.
(C) Report and briefing required.--Not later than 27 months
after the date of the enactment of this Act, the Secretary
shall provide to the congressional defense committees a
report and briefing on the implementation of this section and
the feasibility and advisability of expanding the scope of
the pilot program. The report and briefing shall include, at
minimum--
(i) an overview of program performance, and implementation
and execution milestones and outcomes;
(ii) an overview of progress in--
(I) achieving new products in production aligned with
Department of Defense needs;
(II) scaling businesses aligned to targeted industrial base
and capability areas;
(III) generating defense industrial base job growth;
(IV) increasing supply chain resilience and capacity; and
(V) enhancing competition on advanced capability programs;
(iii) an accounting of activities undertaken and outline of
the opportunities and benefits of expanding the scope of the
pilot program; and
(iv) a recommendation by the Secretary regarding the
feasibility and desirability of expanding the pilot program.
(2) Phase 2.--
(A) In general.--Not later than 30 months after the date of
the enactment of this Act, the Secretary may expand the scope
of the phase 1 pilot program with the ability to increase to
not more than three public-private partnerships, consistent
with subsection (b).
(B) Report and briefing required.--Not later than five
years after the date of the enactment of this Act, the
Secretary shall provide to the congressional defense
committees a report and briefing on the outcomes of the pilot
program under subsection (a), including the elements
described in paragraph (1)(C), and the feasibility and
advisability of making the program permanent.
(f) Termination.--The authority to enter into an agreement
to carry out the pilot program under subsection (a) shall
terminate on the date that is five years after the date of
the enactment of this Act.
(g) Definitions.--In this section:
(1) Domestic business.--The term ``domestic business'' has
the meaning given the term ``U.S. business'' in section
800.252 of title 31, Code of Federal Regulations, or
successor regulation.
(2) Domestic small businesses or nontraditional
businesses.--The term ``domestic small businesses or
nontraditional businesses'' means--
(A) a small business that is a domestic business; or
(B) a nontraditional business that is a domestic business.
(3) Nontraditional business.--The term ``nontraditional
business'' has the meaning given the term ``nontraditional
defense contractor'' in section 3014 of title 10, United
States Code.
(4) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' in section
3 of the Small Business Act (15 U.S.C. 632).
SEC. 832. DEPARTMENT OF DEFENSE NOTIFICATION OF CERTAIN
TRANSACTIONS.
(a) In General.--The parties to a covered transaction
required to file the notification and provide supplementary
information to the Department of Justice or the Federal Trade
Commission under section 7A of the
[[Page S3946]]
Clayton Act (15 U.S.C. 18a) shall concurrently provide such
information to the Department of Defense during the waiting
period under section 7A of the Clayton Act (15 U.S.C. 18a).
(b) Definitions.--In this section:
(1) Covered transaction.--The term ``covered transaction''
means an actual or proposed merger, acquisition, joint
venture, strategic alliance, or investment--
(A) for which the parties are required to file a
notification under section 7A of the Clayton Act (15 U.S.C.
18a); and
(B) any party to which is, owns, or controls a major
defense supplier.
(2) Major defense supplier.--The term ``major defense
supplier'' means--
(A) a current prime contractor of a major defense
acquisition program as defined in chapter 201 of title 10,
United States Code;
(B) a current prime contractor of a middle tier acquisition
as defined pursuant to section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 882);
(C) a current prime contractor of a software acquisition
program described under section 800 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1478);
(D) a current prime contractor of a defense business system
as defined in section 2222 of title 10, United States Code;
or
(E) a current prime contractor of a service contract with
the Department of Defense, as defined in part 237 of the
Defense Federal Acquisition Regulation Supplement, above the
simplified acquisition threshold.
SEC. 833. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO
ADDRESS SOURCING AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment and other appropriate officials, shall review the
items under subsection (c) to determine and develop
appropriate actions, consistent with the policies, programs,
and activities required under subpart I of part V of subtitle
A of title 10, United States Code, chapter 83 of title 41,
United States Code, and the Defense Production Act of 1950
(50 U.S.C. 4501 et seq.), including--
(A) restricting procurement, with appropriate waivers for
cost, emergency requirements, and non-availability of
suppliers, including restricting procurement to--
(i) suppliers in the United States;
(ii) suppliers in the national technology and industrial
base (as defined in section 4801 of title 10, United States
Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment through use of research and
development or procurement activities and acquisition
authorities to--
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for addressing
military requirements;
(C) prohibiting procurement from selected sources or
nations;
(D) taking a combination of actions described under
subparagraphs (A), (B), and (C); or
(E) taking no action.
(2) Considerations.--The analyses conducted pursuant to
paragraph (1) shall consider national security, economic, and
treaty implications, as well as impacts on current and
potential suppliers of goods and services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Briefing required.--Not later than January 15, 2025,
the Secretary of Defense shall submit to the congressional
defense committees, in writing--
(A) a summary of the findings of the analyses undertaken
for each item pursuant to subsection (a);
(B) relevant recommendations resulting from the analyses;
and
(C) descriptions of specific activities undertaken as a
result of the analyses, including schedule and resources
allocated for any planned actions.
(2) Reporting.--The Secretary of Defense shall include the
analyses conducted under subsection (a), and any relevant
recommendations and descriptions of activities resulting from
such analyses, as appropriate, in each of the following
during the 2025 calendar year:
(A) The annual report or quarterly briefings to Congress
required under section 4814 of title 10, United States Code.
(B) The annual report on unfunded priorities of the
national technology and industrial base required under
section 4815 of such title.
(C) Department of Defense technology and industrial base
policy guidance prescribed under section 4811(c) of such
title.
(D) Activities to modernize acquisition processes to ensure
the integrity of the industrial base pursuant to section 4819
of such title.
(E) Defense memoranda of understanding and related
agreements considered in accordance with section 4851 of such
title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant statutes
which the Department shall consider, develop, and submit to
the Committees on Armed Services of the Senate and the House
of Representatives not less frequently than once per fiscal
year.
(H) Other actions as the Secretary of Defense determines
appropriate.
(c) List of Goods and Services for Analyses,
Recommendations, and Actions.--The items described in this
subsection are the following:
(1) Traveling Wave Tubes and Traveling Wave Tube
Amplifiers.
SEC. 834. PILOT PROGRAM ON CAPITAL ASSISTANCE TO SUPPORT
DEFENSE INVESTMENT IN THE INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense may carry out a
pilot program under this section to use capital assistance to
support the duties and elements of sections 901 and 907.
(b) Eligibility and Application Process.--
(1) In general.--An eligible entity seeking capital
assistance for an eligible investment under this section
shall submit to the Secretary of Defense an application at
such time, in such manner, and containing such information as
the Secretary may require.
(2) Selection of investments.--The Secretary shall
establish criteria for selecting among eligible investments
for which applications are submitted under subsection (c)(2).
The criteria shall include--
(A) the extent to which an investment supports the national
security of the United States;
(B) the likelihood that capital assistance provided for an
investment would enable the investment to proceed sooner than
the investment would otherwise be able to proceed; and
(C) the creditworthiness of an investment.
(c) Capital Assistance.--
(1) Loans and loan guarantees.--
(A) In general.--The Secretary may provide loans or loan
guarantees to finance or refinance the costs of an eligible
investment selected pursuant to subsection (b)(2).
(B) Administration of loans.--
(i) Interest rate.--
(I) In general.--Except as provided under subclause (II),
the interest rate on a loan provided under subparagraph (A)
shall be not less than the yield on marketable United States
Treasury securities of a similar maturity to the maturity of
the loan on the date of execution of the loan agreement.
(II) Exception.--The Secretary may waive the requirement
under subclause (I) with respect to an investment if the
investment is determined by the Secretary of Defense to be
vital to the national security of the United States.
(III) Criteria.--The Secretary shall establish separate and
distinct criteria for interest rates for loan guarantees with
private sector lending institutions.
(ii) Final maturity date.--The final maturity date of a
loan provided under subparagraph (A) shall be not later than
50 years after the date of substantial completion of the
investment for which the loan was provided.
(iii) Prepayment.--A loan provided under subparagraph (A)
may be paid earlier than is provided for under the loan
agreement without a penalty.
(iv) Nonsubordination.--
(I) In general.--A loan provided under subparagraph (A)
shall not be subordinated to the claims of any holder of
investment obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
(II) Exception.--The Secretary may waive the requirement
under subclause (I) with respect to the investment in order
to mitigate risks to loan repayment.
(v) Sale of loans.--The Secretary may sell to another
entity or reoffer into the capital markets a loan provided
under subparagraph (A) if the Secretary determines that the
sale or reoffering can be made on favorable terms.
(vi) Loan guarantees.--Any loan guarantee provided under
subparagraph (A) shall specify the percentage of the
principal amount guaranteed. If the Secretary determines that
the holder of a loan guaranteed by the Department of Defense
defaults on the loan, the Secretary shall pay the holder as
specified in the loan guarantee agreement.
(vii) Investment-grade rating.--The Secretary shall
establish a credit rating system to ensure a reasonable
reassurance of repayment. The system may include use of
existing credit rating agencies where appropriate.
(viii) Terms and conditions.--Loans and loan guarantees
provided under subparagraph (A) shall be subject to such
other terms and conditions and contain such other covenants,
representations, warranties, and requirements (including
requirements for audits) as the Secretary determines
appropriate.
(ix) Applicability of federal credit reform act of 1990.--
Loans and loan guarantees provided under subparagraph (A)
shall be subject to the requirements of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
(2) Equity investments.--
(A) In general.--The Secretary may, as a minority investor,
support an eligible investment selected pursuant to
subsection (b)(2) with funds or use other mechanisms for the
purpose of purchasing, and may make and fund commitments to
purchase, invest in, make pledges in respect of, or otherwise
acquire, equity or quasi-equity securities (such as
warrants), or shares or financial interests of the eligible
entity receiving support for the eligible investment,
including as a limited partner or other investor in
investment funds, upon such terms and conditions as the
Secretary may determine.
[[Page S3947]]
(B) Sales and liquidation of position.--The Secretary shall
seek to sell and liquidate any support for an investment
provided under subparagraph (A) as soon as commercially
feasible, commensurate with other similar investors in the
investment and taking into consideration the national
security interests of the United States.
(3) Technical assistance.--Subjection to Appropriations
acts, the Secretary may provide technical assistance with
respect to developing and financing investments to eligible
entities seeking capital assistance for eligible investments
and eligible entities receiving capital assistance under this
section.
(4) Terms and conditions.--
(A) Amount of capital assistance.--The Secretary shall
provide to an eligible investment selected pursuant to
subsection (b)(2) the amount of assistance necessary to carry
out the investment.
(B) Use of united states dollars.--All financial
transactions conducted under this section shall be conducted
in United States dollars.
(d) Establishment of Accounts.--
(1) Credit program account.--
(A) Establishment.--There is established in the Treasury of
the United States a Department of Defense Credit Program
Account to execute loans and loan guarantees in accordance
with section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a).
(B) Funding.--The Credit Program Account shall consist of
amounts appropriated pursuant to the authorization of
appropriations and fees collected pursuant to subparagraph
(C).
(C) Fee authority.--The Secretary may charge and collect
fees for providing capital assistance in amounts to be
determined by the Secretary. The Secretary shall establish
the amount of such fees in regulations at an amount
sufficient to cover but not exceed the administrative costs
to the Office of providing capital assistance.
(2) Equity account.--
(A) Establishment.--There is established in the Treasury of
the United States a Department of Defense Strategic Capital
Equity Account.
(B) Funding.--The Strategic Capital Equity Account shall
consist of all amounts appropriated pursuant to the
authorization of appropriations.
(3) Use of funds.--Subject to appropriations Acts, the
Secretary is authorized to pay, from the Department of
Defense Credit Program Account or the Department of Defense
Strategic Capital Equity Account--
(A) the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and loan
guarantees and other capital assistance;
(B) administrative expenses associated with activities
under this section;
(C) project-specific transaction costs;
(D) the cost of providing support authorized by this
section; and
(E) the costs of equity investments.
(e) Regulations.--The Secretary of Defense shall prescribe
such regulations as are necessary to carry out this section.
The Secretary may not exercise the authorities available
under this section until such time as these regulations have
been issued and adopted by the Department.
(f) Annual Report.--Not later than the first Monday in
February of a fiscal year, the Secretary of Defense shall
submit to the congressional defense committees an annual
report describing activities carried out pursuant to this
section in the preceding fiscal year and the goals of the
Department of Defense in accordance with this section for the
next fiscal year.
(g) Notification Requirement.--The Secretary of Defense
shall notify the congressional defense committees not later
than 30 days after a use of loans, loan guarantees, equity
investments, insurance, or reinsurance under this section.
(h) Sunset.--The authorities provided under this section
shall expire on October 1, 2028.
(i) Definitions.--In this section:
(1) Capital assistance.--The term ``capital assistance''
means loans, loan guarantees, equity investments, insurance
and reinsurance, or technical assistance provided under
subsection (c).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an individual;
(B) a corporation, including a limited liability
corporation;
(C) a partnership, including a public-private, limited, or
general partnership;
(D) a joint venture, including a strategic alliance;
(E) a trust;
(F) a State of the United States, including a political
subdivision or any other instrumentality of a State;
(G) a Tribal government or consortium of Tribal
governments;
(H) any other governmental entity or public agency in the
United States, including a special purpose district or public
authority, including a port authority; or
(I) a multi-State or multi-jurisdictional group of public
entities within the United States.
(3) Eligible investment.--The term ``eligible investment''
means an investment that facilitates the efforts of the
Office--
(A) to identify, accelerate, and sustain the establishment,
research, development, construction, procurement, leasing,
consolidation, alteration, improvement, or repair of tangible
and intangible assets vital to national security; or
(B) to protect vital tangible and intangible assets from
theft, acquisition, and transfer by adversaries of the United
States.
(4) Obligor.--The term ``obligor'' means a party that is
primarily liable for payment of the principal of or interest
on a loan.
SEC. 835. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENTS
FROM NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) In General.--Section 4864(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(6) Traveling-wave tube and traveling wave tube
amplifiers.--A traveling-wave tube and traveling wave tube
amplifier, that meets established technical and reliability
requirements, used in a satellite weighing more than 400
pounds whose principle purpose is to support the national
security, defense, or intelligence needs of the United States
Government.''.
(b) Exception.--Paragraph (6) of section 4864(a) of title
10, United States Code, as added by subsection (a), shall not
apply with respect to programs that received Milestone A
approval (as defined in section 2431a of such title) before
October 1, 2022.
(c) Clarification of Delegation Authority.--Subject to
subsection (i) of section 4864 of title 10, United States
Code, the Secretary of Defense may delegate to a service
acquisition executive the authority to make a waiver under
subsection (d) of such section with respect to the limitation
under subsection (a)(6) of such section, as added by
subsection (a) of this section.
SEC. 836. SENSE OF CONGRESS RELATING TO RUBBER SUPPLY.
It is the sense of Congress that--
(1) the Department of Defense should take all appropriate
action to lessen the dependence of the Armed Forces on
adversarial nations for the procurement of strategic and
critical materials, and that one such material in short
supply according to the most recent report from Defense
Logistics Agency Strategic Material is natural rubber,
undermining our national security and jeopardizing the
military's ability to rely on a stable source of natural
rubber for tire manufacturing and production of other goods;
and
(2) the Secretary of Defense should take all appropriate
action, pursuant with the authority provided by the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98a et
seq.) to engage in activities that may include stockpiling,
but shall also include research and development aspects for
increasing the domestic supply of natural rubber.
Subtitle D--Small Business Matters
SEC. 841. AMENDMENTS TO DEFENSE RESEARCH AND DEVELOPMENT
RAPID INNOVATION PROGRAM.
Section 4061 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``to enable and assist small businesses''
after ``merit-based program'';
(ii) by striking ``fielding of technologies'' and inserting
``commercialization of various technologies, including
critical technologies''; and
(iii) by inserting ``capabilities developed through
competitively awarded prototype agreements'' after ``defense
laboratories,''; and
(B) in paragraph (2), by inserting ``support full-scale
integration,'' after ``evaluation outcomes,'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``primarily major
defense acquisition programs, but also other'' after
``candidate proposals in support of''; and
(B) in paragraph (2), by striking ``by each military
department'' and inserting ``by each component small business
office of each military department''; and
(3) in subsection (d)(2), by striking ``$3,000,000'' and
inserting ``$6,000,000''.
SEC. 842. DEPARTMENT OF DEFENSE MENTOR-PROTEGE PROGRAM.
Section 4902(e) of title 10, United States Code, is
amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``Before providing assistance'' and
inserting ``(1) Before providing assistance''; and
(4) by adding at the end the following new paragraph:
``(2) An agreement under this subsection may be a contract,
cooperative agreement, or a partnership intermediary
agreement.''.
SEC. 843. CONSIDERATION OF THE PAST PERFORMANCE OF AFFILIATE
COMPANIES OF SMALL BUSINESSES.
Not later than July 1, 2024, the Secretary of Defense shall
amend section 215.305 of the Defense Federal Acquisition
Supplement (or any successor regulation) to require that when
small business concerns bid on Department of Defense
contracts, the past performance evaluation and source
selection processes shall consider, if relevant, the past
performance information of affiliate companies of the small
business concerns.
SEC. 844. TIMELY PAYMENTS FOR DEPARTMENT OF DEFENSE SMALL
BUSINESS SUBCONTRACTORS.
(a) Reduction in Time for Contractor Explanation and Past
Performance Consideration of Unjustified Withholding of
Payments to Department of Defense Small Business
Subcontractors.--Section 8(d)(13)(B)(i) of the Small Business
Act (15
[[Page S3948]]
U.S.C. 637(d)(13)(B)(i)) is amended by inserting ``, or, for
a covered contract awarded by the Department of Defense, more
than 30 days past due,'' after ``90 days past due''.
(b) Clarification That Contracting Officers of the
Department of Defense Are Authorized to Enter or Modify Past
Performance Information Related to Unjustified Non-payment or
Reduced Payment Before or After Contract Close-out.--Section
8(d)(13)(C) of the Small Business Act (15 U.S.C.
637(d)(13)(C)) is amended--
(1) by striking ``A contracting officer'' and inserting the
following:
``(i) In general.--A contracting officer''; and
(2) by adding at the end the following:
``(ii) Past performance information for dod contracts.--The
contracting officer for a covered contract awarded by the
Department of Defense may enter or modify past performance
information of the prime contractor in connection with the
unjustified failure to make a full or timely payment to a
subcontractor before or after close-out of the covered
contract.''.
(c) Duty of Cooperation to Correct and Mitigate Unjustified
Failure by Department of Defense Prime Contractors to Make
Full or Timely Payments to Subcontractors.--Section 8(d)(13)
of the Small Business Act (15 U.S.C. 637(d)(13)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by inserting after subparagraph (D) the following:
``(E) Cooperation on dod contracts.--
``(i) In general.--If a contracting officer of the
Department of Defense determines, with respect to a prime
contractor's past performance, that there was an unjustified
failure by the prime contractor on a covered contract awarded
by the Department of Defense to make a full or timely payment
to a subcontractor covered by subparagraph (B) or (C), such
prime contractor is required to cooperate with the
contracting officer, who shall consult with the Director of
Small Business Programs or Director of Small and
Disadvantaged Business Utilization acting pursuant to section
15(k)(6) and other representatives of the Department of
Defense, with regards to correcting and mitigating such
unjustified failure to make a full or timely payment to the
subcontractor.
``(ii) Period.--The duty of cooperation under this
subparagraph continues until the subcontractor is made whole
or the contracting officer's determination is no longer
effective, and regardless of performance or close-out status
of the covered contract.''; and
(3) in subparagraph (D), by striking ``subparagraph (E)''
and inserting ``subparagraph (F)''.
(d) Applicability.--The amendments made by this section
shall apply to any covered contract (as defined in section
8(d)(13)(A) of the Small Business Act (15 U.S.C.
637(d)(13)(A)) that is entered into or modified by the
Department of Defense on or after the date of enactment of
this Act.
SEC. 845. EXTENSION OF PILOT PROGRAM FOR STREAMLINED
TECHNOLOGY TRANSITION FROM THE SBIR AND STTR
PROGRAMS OF THE DEPARTMENT OF DEFENSE.
Section 1710(e) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91) is amended by
striking ``September 30, 2023'' and inserting ``September 30,
2028''.
SEC. 846. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE
DEPARTMENT OF DEFENSE.
Section 279(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3507) is amended by striking ``each fiscal
years 2021, 2022, and 2023'' and replacing with ``each fiscal
year through fiscal year 2028''.
SEC. 847. MODIFICATIONS TO THE PROCUREMENT TECHNICAL
ASSISTANCE PROGRAM.
(a) Definitions.--Section 4951 of title 10, United States
Code, is amended--
(1) in paragraph (1)(C), by striking ``private, nonprofit
organization'' and inserting ``nonprofit organization''; and
(2) by adding at the end the following new paragraph:
``(5) The term `business entity' means a corporation,
association, partnership, limited liability company, limited
liability partnership, consortia, not-for-profit, or other
legal entity.''.
(b) Cooperative Agreements.--Section 4954 of title 10,
United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(B) by inserting ``(1)'' before ``Under''; and
(C) by adding at the end the following new paragraph:
``(2) The Secretary shall have the ability to waive or
modify the percentages specified in paragraph (1), on a case-
by-case basis, if the Secretary determines that it would be
in the best interest of the program.'';
(2) by striking subsection (c) and redesignating
subsections (d), (e), and (f) as subsections (e), (f), and
(h); and
(3) by inserting after subsection (f), as redesignated by
paragraph (2), the following new subsection:
``(g) Waiver of Government Cost Share Restriction.--If the
Secretary of Defense determines it to be in the best
interests of the Federal Government, the Secretary may waive
the restrictions on the percentage of eligible costs covered
by the program under section (b). The Secretary shall submit
to the congressional defense committees a written
justification for such determination.''.
(c) Authority to Provide Certain Types of Technical
Assistance.--Section 4958(c) of title 10, 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 new paragraphs:
``(3) under clause 252.204-7012 of the Defense Acquisition
Regulation Supplement, or any successor regulation, and on
compliance with those requirements (and any successor
requirements); and
``(4) under section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1505), and on compliance with those requirements
(and any such successor requirements).''.
SEC. 848. EXTENSION OF PILOT PROGRAM TO INCENTIVIZE
CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES.
Section 874 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 3204 note) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and prescribe
regulations'' after ``establish a pilot program''; and
(B) in paragraph (3), by striking ``A qualified'' and
inserting ``Each contract held by a qualified'';
(2) in subsection (c)(2), by striking ``expended on
subcontracts, subject to such necessary and reasonable
waivers'' and inserting the following: ``expended on
subcontracts, except--
``(A) to the extent subcontracted amounts exceeding 50
percent are subcontracted to other qualified businesses
wholly-owned through an Employee Stock Ownership Plan;
``(B) in the case of contracts for products, to the extent
subcontracted amounts exceeding 50 percent are for materials
not available from another qualified business wholly-owned
through an Employee Stock Ownership Plan; or
``(C) pursuant to such necessary and reasonable waivers'';
and
(3) in subsection (e), by striking ``five years after'' and
inserting ``eight years after''.
SEC. 849. ELIMINATING SELF-CERTIFICATION FOR SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESSES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Small business concern; small business concerns owned
and controlled by service-disabled veterans.--The terms
``small business concern'' and ``small business concerns
owned and controlled by service-disabled veterans'' have the
meanings given those terms in section 3 of the Small Business
Act (15 U.S.C. 632).
(b) Eliminating Self-Certification in Prime Contracting and
Subcontracting for SDVOSBs.--
(1) In general.--Each prime contract award and subcontract
award that is counted for the purpose of meeting the goals
for participation by small business concerns owned and
controlled by service-disabled veterans in procurement
contracts for Federal agencies, as established in section
15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)),
shall be entered into with small business concerns certified
by the Administrator as small business concerns owned and
controlled by service-disabled veterans under section 36 of
such Act (15 U.S.C. 657f).
(2) Effective date.--Paragraph (1) shall take effect on
October 1 of the fiscal year beginning after the
Administrator promulgates the regulations required under
subsection (d).
(c) Phased Approach to Eliminating Self-Certification for
SDVOSBs.--Notwithstanding any other provision of law, any
small business concern that self-certified as a small
business concern owned and controlled by service-disabled
veterans may--
(1) if the small business concern files a certification
application with the Administrator before the end of the 1-
year period beginning on the date of enactment of this Act,
maintain such self-certification until the Administrator
makes a determination with respect to such certification; and
(2) if the small business concern does not file a
certification application before the end of the 1-year period
beginning on the date of enactment of this Act, lose, at the
end of such 1-year period, any self-certification of the
small business concern as a small business concern owned and
controlled by service-disabled veterans.
(d) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate
regulations to carry out this section.
SEC. 850. PAYMENT OF SUBCONTRACTORS.
Section 8(d)(13) of the Small Business Act (15 U.S.C.
637(d)(13)) is amended--
(1) in subparagraph (B)(i), by striking ``90 days'' and
inserting ``30 days'';
(2) in subparagraph (C)--
(A) by striking ``contractor shall'' and inserting
``contractor--
``(i) shall'';
(B) in clause (i), as so designated, by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
[[Page S3949]]
``(i) may enter or modify past performance information of
the prime contractor in connection with the unjustified
failure to make a full or timely payment to a subcontractor
subject to this paragraph before or after close-out of the
covered contract.''.
(3) in subparagraph (D), by striking ``subparagraph (E)''
and inserting ``subparagraph (F)'';
(4) by redesignating subparagraph (E) as subparagraph (F);
and
(5) by inserting after subparagraph (D) the following'':
``(E) Cooperation.--
``(i) In general.--Once a contracting officer determines,
with respect to the past performance of a prime contractor,
that there was an unjustified failure by the prime contractor
on a covered contract to make a full or timely payment to a
subcontractor covered by subparagraph (B) or (C), the prime
contractor is required to cooperate with the contracting
officer, who shall consult with the Director of Small
Business Programs or the Director of Small and Disadvantaged
Business Utilization acting pursuant to section 15(k)(6) and
other representatives of the Government, regarding correcting
and mitigating the unjustified failure to make a full or
timely payment to a subcontractor.
``(ii) Duration.--The duty of cooperation under this
subparagraph for a prime contractor described in clause (i)
continues until the subcontractor is made whole or the
determination of the contracting officer determination is no
longer effective, and regardless of performance or close-out
status of the covered contract.''.
SEC. 851. INCREASE IN GOVERNMENTWIDE GOAL FOR PARTICIPATION
IN FEDERAL CONTRACTS BY SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SERVICE-DISABLED
VETERANS.
Section 15(g)(1)(A)(ii) of the Small Business Act (15
U.S.C. 644(g)(1)(A)(ii)) is amended by striking ``3 percent''
and inserting ``5 percent''.
SEC. 852. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN
SMALL BUSINESS CONCERNS.
(a) Socially and Economically Disadvantaged Small Business
Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business
Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended--
(1) by inserting ``(or $10,000,000, in the case of a
Department of Defense contract, as adjusted for inflation by
the Federal Acquisition Regulatory Council under section
1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) by inserting ``(or $8,000,000, in the case of a
Department of Defense contract, as adjusted for inflation by
the Federal Acquisition Regulatory Council under section
1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(b) Certain Small Business Concerns Owned and Controlled by
Women.--Section 8(m) of the Small Business Act (15
U.S.C.637(m)) is amended--
(1) in paragraph (7)(B)--
(A) in clause (i), by inserting ``(or $10,000,000, in the
case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(B) in clause (ii), by inserting ``(or $8,000,000, in the
case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$4,000,000''; and
(2) in paragraph (8)(B)--
(A) in clause (i), by inserting ``(or $10,000,000, in the
case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(B) in clause (ii), by inserting ``(or $8,000,000, in the
case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$4,000,000''.
(c) Qualified Hubzone Small Business Concerns.--Section
31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C.
657a(c)(2)(A)(ii)) is amended--
(1) in subclause (I), by inserting ``(or $10,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) in subclause (II), by inserting ``(or $8,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(d) Small Business Concerns Owned and Controlled by
Service-disabled Veterans.--Section 36(c)(2) of the Small
Business Act (15 U.S.C. 657f(c)(2)) is amended--
(1) in subparagraph (A), by inserting ``(or $10,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) in subparagraph (B), by inserting ``(or $8,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(e) Certain Veteran-owned Concerns.--Section 8127(c) of
title 38, United States Code, is amended by striking
``$5,000,000'' and inserting ``the dollar thresholds under
section 36(c)(2) of the Small Business Act (15 U.S.C.
657f(c)(2))''.
Subtitle E--Other Matters
SEC. 861. LIMITATION ON THE AVAILABILITY OF FUNDS PENDING A
PLAN FOR IMPLEMENTING THE REPLACEMENT FOR THE
SELECTED ACQUISITION REPORTING SYSTEM.
Of the funds authorized to be appropriated by this Act for
Operation and Maintenance, Defense-Wide, for travel for the
Office of the Under Secretary of Defense for Acquisition and
Sustainment, not more than 85 percent may be obligated or
expended until the Secretary of Defense submits to the
congressional defense committees a plan for implementing the
replacement for the Selected Acquisition Reporting system as
required by section 809 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263), including--
(1) a timeline and process for implementing the
requirements of such section 809;
(2) a timeline and process for implementing quarterly
reporting versus annually for the replacement system,
including identification of policy, procedural, or technical
challenges to implementing that reporting periodicity;
(3) a timeline and process for providing access to the
replacement reporting system to congressional staff; and
(4) a timeline and process for providing access to the
replacement reporting system to the Government Accountability
Office, the public, and other relevant stakeholders.
SEC. 862. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT
AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note
prec.) is amended--
(1) in subsection (a), by striking ``seven-year pilot
program'' and inserting ``eight-year pilot program''; and
(2) in subsection (g), by striking ``seven years'' and
inserting ``eight years''.
SEC. 863. MODIFICATION OF EFFECTIVE DATE FOR EXPANSION ON THE
PROHIBITION ON ACQUIRING CERTAIN METAL
PRODUCTS.
Section 844(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3766) is amended by striking ``5 years''
and inserting ``6 years''.
SEC. 864. FOREIGN SOURCES OF SPECIALTY METALS.
Section 4863(d) of title 10, United States Code, is
amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting ``(1)'' before ``Subsection (a)(1)''; and
(4) by adding at the end the following new paragraph:
``(2) Any specialty metal procured as mill product or
incorporated into a component other than an end item pursuant
to this subsection shall be melted or produced--
``(A) in the United States;
``(B) in the country from which the mill product or
component is procured; or
``(C) in another country covered under paragraph
(1)(A)(ii).''.
SEC. 865. UNIVERSITY AFFILIATED RESEARCH CENTER FOR CRITICAL
MINERALS.
(a) Plan to Establish a University Affiliated Research
Center for Critical Minerals.--
(1) In general.--The Secretary of Defense, in consultation
with the Under Secretary of Defense for Research and
Engineering, shall develop a plan to establish a new
University Affiliated Research Center (UARC), or to expand a
current relevant UARC or consortia of universities, for the
purposes of contributing to the capacity of the Department to
conduct research, development, engineering or workforce
expansion related to critical minerals for national security
needs. The plan should focus on institutional capacity at a
mining school or schools with expertise in engineering,
applied research, commercial and workforce development
activities related to critical minerals.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An assessment of the engineering, applied research,
commercialization, and workforce development capabilities
relating to critical minerals of mining schools, including an
assessment of the workforce and physical research
infrastructure of such schools.
(B) An assessment of the ability of mining schools--
(i) to participate in defense-related engineering, applied
research, commercialization, and workforce development
activities relating to critical minerals;
(ii) to effectively compete for defense-related
engineering, applied research, commercialization, and
workforce development contracts and grants; and
(iii) to support the mission of the Under Secretary to
extend the capabilities of current war fighting systems,
develop breakthrough capabilities, hedge against an uncertain
future through a set of scientific and engineering options,
and counter strategic surprise.
(C) An assessment of the activities and investments
necessary--
[[Page S3950]]
(i) to augment facilities or educational programming at
mining schools or a consortium of mining schools--
(I) to support the mission of the Under Secretary;
(II) to access, secure, and conduct research relating to
sensitive or classified information; and
(III) to respond quickly to emerging engineering, applied
research, commercialization, and workforce needs relating to
critical minerals.
(ii) to increase the participation of mining schools in
defense-related engineering, applied research,
commercialization, and workforce development activities; and
(iii) to increase the ability of mining schools to
effectively compete for defense-related engineering, applied
research, commercialization, and workforce development
contracts and grants.
(D) Recommendations identifying actions that may be taken
by the Secretary, the Under Secretary, Congress, mining
schools, and other organizations to increase the
participation of mining schools in defense-related
engineering, applied research, commercialization, and
workforce development activities, contracts, and grants.
(E) The specific goals, incentives, and metrics developed
by the Secretary under subparagraph (D) to increase and
measure the capacity of mining schools to address the
engineering, applied research, commercialization, and
workforce development needs of the Department of Defense.
(3) Consultations.--In developing the plan required by
paragraph (1), the Secretary and the Under Secretary shall
consult with such other public and private sector
organizations as the Secretary and the Under Secretary
determine appropriate.
(4) Report required.--Not later than one year after the
date of the enactment of this Act, the Secretary shall--
(A) submit to the congressional defense committees a report
that includes the plan developed under paragraph (1); and
(B) make the plan available on a publicly accessible
website of the Department of Defense.
(b) Activities to Support the Engineering, Applied
Research, Commercialization, and Workforce Development
Capacity of Mining Schools.--
(1) In general.--Subject to the availability of
appropriations, the Under Secretary may establish a program
to award contracts, grants, or other agreements on a
competitive basis, and to perform other appropriate
activities, for the purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are
the following:
(A) Developing the capability, including workforce and
research infrastructure, for mining schools to more
effectively compete for Federal engineering, applied
research, commercialization, and workforce development
funding opportunities.
(B) Improving the capability of mining schools to recruit
and retain research faculty, and to participate in
appropriate personnel exchange programs and educational and
career development activities.
(C) Any other purposes the Under Secretary determines
appropriate for enhancing the defense-related engineering,
applied research, commercialization, and development
capabilities of mining schools.
(c) Increasing Partnerships for Mining Schools With
National Security Research and Engineering Organizations.--
(1) In general.--Chapter 305 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4145. Research and educational programs and
activities: critical minerals
``(a) Program Established.--
``(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering
and the Secretary of each military department, shall carry
out a program to provide assistance to covered educational
institutions to assist the Department of Defense in defense-
related critical minerals engineering, applied research,
commercialization, and workforce development activities.
``(2) Limitation on delegation.--The Secretary of Defense
may not delegate or transfer to an individual outside the
Office of the Secretary of Defense the authority regarding
the programming or budgeting of the program established by
this section that is carried out by the Under Secretary of
Defense for Research and Engineering.
``(b) Program Objective.--The objective of the program
established by subsection (a)(1) is to enhance defense-
related critical minerals research and education at covered
educational institutions. Such objective shall be
accomplished through initiatives designed to--
``(1) enhance the critical minerals research and
educational capabilities of such institutions in areas of
importance to national defense, as determined by the
Secretary;
``(2) encourage the participation of such institutions in
the research, development, testing, and evaluation programs
and activities of the Department of Defense relating to
critical minerals;
``(3) increase the number of graduates from such
institutions engaged in critical minerals-related disciplines
important to the national security functions of the
Department of Defense, as determined by the Secretary; and
``(4) encourage research and educational collaborations
between such institutions and other institutions of higher
education, Government defense organizations, and the defense
industry relating to critical minerals.
``(c) Assistance Provided.--Under the program established
under subsection (a)(1), the Secretary of Defense may provide
covered educational institutions with funding or technical
assistance, including any of the following:
``(1) Support for research, development, testing,
evaluation, or educational enhancements in areas important to
national defense through the competitive awarding of grants,
cooperative agreements, contracts, scholarships, fellowships,
or the acquisition of research equipment or instrumentation.
``(2) Support to assist in the attraction and retention of
faculty in scientific disciplines important to the national
security functions of the Department of Defense.
``(3) Establishing partnerships between such institutions
and defense laboratories, Government defense organizations,
the defense industry, and other institutions of higher
education in research, development, testing, and evaluation
in areas important to the national security functions of the
Department of Defense.
``(4) Other such non-monetary assistance as the Secretary
finds appropriate to enhance defense-related research,
development, testing, and evaluation activities at such
institutions.
``(d) Incentives.--
``(1) In general.--The Secretary of Defense may develop
incentives to encourage critical minerals-related research
and educational collaborations between covered educational
institutions and other institutions of higher education.
``(2) Goals.--The Secretary of Defense shall establish
goals and incentives to encourage Federally funded research
and development centers, science and technology reinvention
laboratories, and University Affiliated Research Centers
funded by the Department of Defense--
``(A) to assess the capacity of covered educational
institutions to address the critical minerals research and
development needs of the Department through partnerships and
collaborations; and
``(B) if appropriate, to enter into partnerships and
collaborations with such institutions.
``(e) Criteria for Funding.--The Secretary of Defense may
establish procedures under which the Secretary may limit
funding under this section to institutions that have not
otherwise received a significant amount of funding from the
Department of Defense for research, development, testing, and
evaluation programs supporting the national security
functions of the Department.
``(f) Definition of Covered Educational Institution.--
``(1) In general.--In this section, the term `covered
educational institution' means--
``(A) a mining, metallurgical, geological, or mineral
engineering program--
``(i) accredited by the Accreditation Board for Engineering
and Technology, Inc.; and
``(ii) located at an institution of higher education; or
``(B) an institution of higher learning or community
college with a geology or engineering program or department
that has experience in mining research or work with the
mining industry.
``(2) Institution of higher education.--For purposes of
paragraph (1), 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).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 305 of such title is amended by adding
at the end the following new item:
``4145. Research and educational programs and activities: critical
minerals.''.
(d) Mining School Defined.--
(1) In general.--In this section, the term ``mining
school'' means--
(A) a mining, metallurgical, geological, or mineral
engineering program--
(i) accredited by the Accreditation Board for Engineering
and Technology, Inc.; and
(ii) located at an institution of higher education; or
(B) an institution of higher learning or community college
with a geology or engineering program or department that has
experience in mining research or work with the mining
industry.
(2) Institution of higher education.--For purposes of
paragraph (1), the term ``institution of higher education''
has the meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
SEC. 866. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR NAVY
SHIPBUILDING PROGRAMS.
(a) Enhanced Domestic Content Requirement.--
(1) Contracting requirements.--Except as provided in
paragraph (2), for purposes of chapter 83 of title 41, United
States Code, manufactured articles, materials, or supplies
procured as part of a Navy shipbuilding program are
manufactured substantially all from articles, materials, or
supplies mined, produced, or manufactured in the United
States if the cost of such component articles, materials, or
supplies--
(A) supplied during the period beginning January 1, 2026,
and ending December 31, 2027, exceeds 65 percent of the cost
of the
[[Page S3951]]
manufactured articles, materials, or supplies;
(B) supplied during the period beginning January 1, 2028,
and ending December 31, 2032, exceeds 75 percent of the cost
of the manufactured articles, materials, or supplies; and
(C) supplied on or after January 1, 2033, equals 100
percent of the cost of the manufactured articles, materials,
or supplies.
(2) Applicability to research, development, test, and
evaluation activities.--Contracts related to shipbuilding
programs entered into under paragraph (1) to carry out
research, development, test, and evaluation activities shall
require that these activities and the components specified
during these activities must meet the domestic content
requirements delineated under paragraph (1).
(3) Exclusion for certain manufactured articles.--Paragraph
(1) shall not apply to manufactured articles that consist
wholly or predominantly of iron, steel, or a combination of
iron and steel.
(4) Waiver.--The Secretary of Defense may request a waiver
from the requirements under paragraph (1) in order to expand
sourcing to members of the national technical industrial base
(as that term is defined in section 4801 of title 10, United
States Code). Any such waiver shall be subject to the
approval of the Director of the Made in America Office and
may only be requested if it is determined that any of the
following apply:
(A) Application of the limitation would increase the cost
of the overall acquisition by more than 25 percent or cause
unreasonable delays to be incurred.
(B) Satisfactory quality items manufactured by a domestic
entity are not available or domestic production of such items
cannot be initiated without significantly delaying the
project for which the item is to be acquired.
(C) It is inconsistent with the public interest.
(5) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
concurrence with the Director of the Made in America Office,
shall issue rules to determine the treatment of the lowest
price offered for a foreign end product for which 55 percent
or more of the component articles, materials, or supplies of
such foreign end product are manufactured substantially all
from articles, materials, or supplies mined, produced, or
manufactured in the United States if--
(A) the application of paragraph (1) results in an
unreasonable cost; or
(B) no offers are submitted to supply manufactured
articles, materials, or supplies manufactured substantially
all from articles, materials, or supplies mined, produced, or
manufactured in the United States.
(6) Applicability.--The requirements of this subsection
shall apply to contracts entered into on or after January 1,
2026.
(b) Reporting on Country of Origin Manufacturing.--Not
later than one year after the date of the enactment of this
Act, and annually thereafter, the Secretary of Defense shall
submit to Congress a report on country of origin tracking and
reporting as it relates to manufactured content procured as
part of Navy shipbuilding programs, including through primary
contracts and subcontracts at the second and third tiers. The
report shall describe measures taken to ensure that the
country of origin information pertaining to such content is
reported accurately in terms of the location of manufacture
and not determined by the location of sale.
SEC. 867. ADDITION OF ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION TO THE FEDERAL ACQUISITION
REGULATORY COUNCIL.
Section 1302(b)(1) of title 41, United States Code, is
amended--
(1) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) the Administrator of the Small Business
Administration.''.
SEC. 868. MODIFICATIONS TO RIGHTS IN TECHNICAL DATA.
Section 3771(b) of title 10, United States Code, is
amended--
(1) in paragraph (3)(C), by inserting ``for which the
United States shall have government purpose rights, unless
the Government and the contractor negotiate different license
rights'' after ``component)''; and
(2) in paragraph (4)(A)--
(A) in clause (ii), by striking ``; or'' and inserting a
semicolon;
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following new clause
(iii):
``(iii) is a release, disclosure, or use of detailed
manufacturing or process data--
``(I) that is necessary for operation, maintenance,
installation, or training and shall be used only for
operation, maintenance, installation, or training purposes
supporting wartime operations or contingency operations; and
``(II) for which the head of an agency determines that the
original supplier of such data will be unable to satisfy
military readiness or operational requirements for such
operations; or''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. ESTABLISHMENT OF OFFICE OF STRATEGIC CAPITAL.
(a) In General.--Chapter 4 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 148. Office of Strategic Capital
``(a) Establishment.--There is in the Office of the
Secretary of Defense an office to be known as the Office of
Strategic Capital (in this section referred to as the
`Office').
``(b) Director.--The Office shall be headed by a Director
(in this section referred to as the `Director'), who shall be
appointed by the Secretary from among employees of the
Department of Defense in Senior Executive Service positions
(as defined in section 3132 of title 5).
``(c) Duties.--The Office shall--
``(1) develop, integrate, and implement proven capital
strategies of partners of the Department of Defense to shape
and scale investment in critical technologies and assets;
``(2) identify and prioritize promising critical
technologies and assets for the Department in need of capital
assistance; and
``(3) fund investments in such technologies and assets,
including supply chain technologies not always supported
through direct investment.
``(d) Applications.--An eligible entity seeking capital
assistance for an eligible investment shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require.
``(e) Selection of Investments.--
``(1) In general.--The Director shall establish criteria
for selecting among eligible investments for which
applications are submitted under subsection (d). Such
criteria shall include--
``(A) the extent to which an investment is significant to
the national security of the United States;
``(B) the likelihood that capital assistance provided for
an investment would enable the investment to proceed sooner
than the investment would otherwise be able to proceed; and
``(C) the creditworthiness of an investment.
``(2) Notice and wait requirement.--The criteria
established under paragraph (1) shall not apply until--
``(A) the Secretary of Defense submits the criteria to the
congressional defense committees; and
``(B) a period of 30 days has elapsed after such
submission.
``(f) Notification.--Not less than 30 days before
exercising the authority provided by section 834 of the
National Defense Authorization Act for Fiscal Year 2024, the
Director, in coordination with the Under Secretary of Defense
for Acquisition and Sustainment and the Under Secretary of
Defense for Research and Engineering, shall notify the
congressional defense committees of the purpose and terms of
any capital assistance proposed to be provided under that
section. Such notification may be made in classified form, if
necessary.
``(g) Strategic Capital Advisory Board.--The Secretary of
Defense shall establish a Strategic Capital Advisory Board to
advise the Director with respect to activities carried out
under this section.
``(h) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out this section,
including regulations to ensure internal and external
coordination to avoid duplication of effort, reduce
inefficiency, and ensure policy coherence across the
Department.
``(i) Effective Date.--The authorities made available under
this section may not be exercised until the date that is 30
days after the regulations required by subsection (i) have
been--
``(1) prescribed and adopted by the Department; and
``(2) submitted to the congressional defense committees.
``(j) Annual Report.--Not later than December 31 of each ye
ar, the Director shall submit to the congressional defense
committees a report that--
``(1) describes the activities of the Office during the
most recent fiscal year ending before submission of the
report, including--
``(A) an identification of entities that received capital
assistance from the Office during that fiscal year;
``(B) a description of the status of the financial
obligations of those entities as a result of receiving such
assistance; and
``(C) any success stories as a result of such assistance;
``(2) assesses the status of the finances of the Office as
of the end of that fiscal year; and
``(3) describes the goals of the Office for the fiscal year
that begins after submission of the report.
``(k) Definitions.--In this section:
``(1) Capital assistance.--The term `capital assistance'
means loans, loan guarantees, equity investments, or
technical assistance provided under section 834.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an individual;
``(B) a corporation;
``(C) a partnership, including a public-private
partnership;
``(D) a joint venture;
``(E) a trust;
``(F) a State, including a political subdivision or any
other instrumentality of a State;
[[Page S3952]]
``(G) a Tribal government or consortium of Tribal
governments;
``(H) any other governmental entity or public agency in the
United States, including a special purpose district or public
authority, including a port authority; or
``(I) a multi-State or multi-jurisdictional group of public
entities.
``(3) Eligible investment.--The term `eligible investment'
means an investment that facilitates the efforts of the
Office--
``(A) to identify, accelerate, and sustain the
establishment, research, development, construction,
procurement, leasing, consolidation, alteration, improvement,
or repair of tangible and intangible assets vital to United
States national security; or
``(B) to protect tangible and intangible assets vital to
United States national security from theft, acquisition, and
transfer by countries that are adversaries of the United
States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by adding at
the end the following new item:
``148. Office of Strategic Capital.''.
SEC. 902. REINSTATEMENT OF POSITION OF CHIEF MANAGEMENT
OFFICER OF DEPARTMENT OF DEFENSE.
(a) Reinstatement of Position.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by inserting after the item relating to section
132 the following new item:
``Sec. 132a. Chief Management Officer
``(a) Appointment and Qualifications.--(1) There is a Chief
Management Officer of the Department of Defense, appointed
from civilian life by the President, by and with the advice
and consent of the Senate.
``(2) The Chief Management Officer shall be appointed from
among persons who have an extensive management or business
background and experience with managing large or complex
organizations. A person may not be appointed as Chief
Management Officer within seven years after relief from
active duty as a commissioned officer of a regular component
of an armed force.
``(b) Responsibilities.--Subject to the authority,
direction, and control of the Secretary of Defense and the
Deputy Secretary of Defense, the Chief Management Officer
shall perform such duties and exercise such powers as the
Secretary or the Deputy Secretary may prescribe, including
the following:
``(1) Serving as the chief management officer of the
Department of Defense with the mission of managing enterprise
business operations and shared services of the Department of
Defense.
``(2) Serving as the principal advisor to the Secretary and
the Deputy Secretary on establishing policies for, and
directing, all enterprise business operations of the
Department, including planning and processes, business
transformation, and performance measurement and management
activities and programs, including the allocation of
resources for enterprise business operations and unifying
business management efforts across the Department.
``(3) Exercising authority, direction, and control over the
Defense Agencies and Department of Defense Field Activities
providing shared business services for the Department.
``(4) Authority to direct the Secretaries of the military
departments and the heads of all other elements of the
Department with regard to matters for which the Chief
Management Officer has responsibility under this section.
``(5) Serving as the official with principal responsibility
in the Department for minimizing the duplication of efforts,
maximizing efficiency and effectiveness, and establishing
metrics for performance among and for all organizations and
elements of the Department.
``(c) Budget Authority.--(1)(A) Beginning in fiscal year
2025, the Secretary of Defense, acting through the Under
Secretary of Defense (Comptroller), shall require the head of
each Defense Agency and Department of Defense Field Activity
(other than such agencies and activities that are under the
direction of the Director of National Intelligence or are
elements of the intelligence community) to transmit the
proposed budget of such Agency or Activity for enterprise
business operations for a fiscal year, and for the period
covered by the future-years defense program submitted to
Congress under section 221 of this title for that fiscal
year, to the Chief Management Officer for review under
subparagraph (B) at the same time the proposed budget is
submitted to the Under Secretary of Defense (Comptroller).
``(B) The Chief Management Officer shall review each
proposed budget transmitted under subparagraph (A) and, not
later than January 31 of the year preceding the fiscal year
for which the budget is proposed, shall submit to the
Secretary a report containing the comments of the Chief
Management Officer with respect to all such proposed budgets,
together with the certification of the Chief Management
Officer regarding whether each such proposed budget achieves
the required level of efficiency and effectiveness for
enterprise business operations, consistent with guidance for
budget review established by the Chief Management Officer.
``(C) Not later than March 31 each year, the Secretary
shall submit to Congress a report that includes the
following:
``(i) Each proposed budget for the enterprise business
operations of a Defense Agency or Department of Defense Field
Activity that was transmitted to the Chief Management Officer
under subparagraph (A).
``(ii) Identification of each proposed budget contained in
the most recent report submitted under subparagraph (B) that
the Chief Management Officer did not certify as achieving the
required level of efficiency and effectiveness for enterprise
business operations.
``(iii) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation
that the Secretary considers appropriate, to address
inadequate levels of efficiency and effectiveness for
enterprise business operations achieved by the proposed
budgets identified in the report.
``(iv) Any additional comments that the Secretary considers
appropriate regarding inadequate levels of efficiency and
effectiveness for enterprise business operations achieved by
the proposed budgets.
``(2) Nothing in this subsection shall be construed to
modify or interfere with the budget-related responsibilities
of the Director of National Intelligence.
``(d) Precedence.--The Chief Management Officer takes
precedence in the Department of Defense after the Secretary
of Defense and the Deputy Secretary of Defense.
``(e) Enterprise Business Operation Defined.--In this
section, the term `enterprise business operations' means
those activities that constitute the cross-cutting business
operations used by multiple components of the Department of
Defense, but not those activities that are directly tied to a
single military department or Department of Defense
component. The term includes business-support functions
designated by the Secretary of Defense or the Deputy
Secretary of Defense for purposes of this section, such as
aspects of financial management, healthcare, acquisition and
procurement, supply chain and logistics, certain information
technology, real property, and human resources operations.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by inserting
after the item relating to section 132 the following new
item:
``132a. Chief Management Officer.''.
(b) Management and Oversight of Defense Business Systems.--
Section 2222 of such title is amended--
(1) in subsection (c)(2), by striking ``the Chief
Information Officer of the Department of Defense'' and
inserting ``the Chief Management Officer of the Department of
Defense'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Chief Information
Officer'' and inserting ``the Chief Management Officer''; and
(B) in paragraph (6)--
(i) in subparagraph (A), in the matter preceding clause
(i)--
(I) in the first sentence, by striking ``The Chief
Information Officer of the Department of Defense, in
coordination with the Chief Data and Artificial Intelligence
Officer,'' and inserting ``The Chief Management Officer of
the Department of Defense''; and
(II) in the second sentence, by striking ``the Chief
Information Officer shall'' and inserting ``the Chief
Management Officer shall'';
(ii) in subparagraph (B), in the matter preceding clause
(i), by striking ``The Chief Information Officer'' and
inserting ``The Chief Management Officer'';
(3) in subsection (f)(1), in the second sentence, by
inserting ``the Chief Management Officer and'' after
``chaired by'';
(4) in subsection (g)(2), by striking ``the Chief
Information Officer of the Department of Defense'' each place
it appears and inserting ``the Chief Management Officer of
the Department of Defense''; and
(5) in subsection (i)(5)(B), by striking ``the Chief
Information Officer'' and inserting ``the Chief Management
Officer''.
(c) Conforming Amendment.--Section 131(b) of title 10,
United States Code, is amended by inserting after paragraph
(1) the following new paragraph (2):
``(2) The Chief Management Officer of the Department of
Defense.''.
(d) Guidance Required.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall--
(1) issue guidance to clearly delineate the authorities and
responsibilities of the Chief Management Officer of the
Department of Defense; and
(2) provide a charter for the position of the Chief
Management Officer to fully vest the authority of the Chief
Management Officer within the Department of Defense.
(e) Report on Effect of Lapse in Management Oversight on
Defense Business Systems.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall submit to the congressional defense committees a report
on the effect on defense business systems of the abolishment
of the position of Chief Management Officer and the failure
to reassign the responsibilities of the Chief Management
Officer with respect to defense business systems for two
years.
(2) Defense business system defined.--In this subsection,
the term ``defense business system'' has the meaning given
that term in section 2222(i) of title 10, United States Code.
[[Page S3953]]
SEC. 903. MODIFICATION OF RESPONSIBILITIES OF DIRECTOR OF
COST ASSESSMENT AND PROGRAM EVALUATION.
(a) In General.--Subsection (d) of section 139a of title
10, United States Code, is amended--
(1) in paragraph (5)--
(A) by striking ``, ensuring'' and inserting ``and
ensuring''; and
(B) by striking ``, and assessing'' and all that follows
through ``economy''; and
(2) in paragraph (8), by inserting after ``defense
resources'' the following: ``, including the standardization
of analytical methodologies and the establishment and
maintenance of a centralized knowledge repository of physical
attributes or other data for modeling and simulation
purposes''.
(b) Annual Reports.--Such section is amended by adding at
the end the following new subsection:
``(e) Annual Reports.--
``(1) In general.--Not later than February 1, 2024, and
annually thereafter, the Director shall submit to the
congressional defense committees a report on activities to
conduct strategic and operational analysis under paragraphs
(2), (3), (6), (7), and (8) of subsection (d) that includes--
``(A) a review of strategic portfolio reviews completed in
the fiscal year preceding submission of the report and a
description of such reviews planned for the fiscal year that
begins after submission of the report;
``(B) a review of analyses of alternatives completed in the
fiscal year preceding submission of the report and a
description of such analyses planned for the fiscal year that
begins after submission of the report; and
``(C) a review of defense program projections completed in
the fiscal year preceding submission of the report and a
description of such projections planned for the fiscal year
that begins after submission of the report.
``(2) Form.--Each report required by paragraph (1) shall be
submitted in classified form, but shall include an
unclassified summary.
``(3) Briefings.--Not later than 15 days after submission
of each report required by paragraph (1), the Director shall
brief the congressional defense committees on the contents of
the report.''.
(c) Program Evaluation Competitive Analysis Cell.--Such
section is further amended by adding after subsection (e), as
added by subsection (b), the following new subsection:
``(f) Program Evaluation Competitive Analysis Cell.--
``(1) In general.--Not later than June 1, 2024, the
Secretary of Defense shall--
``(A) establish a team, to be known as the `Program
Evaluation Competitive Analysis Cell', to critically assess
the analytical methodologies, assumptions, and data used in
key strategic and operational analyses conducted by the
Director; and
``(B) ensure that the team has a sufficient number of
personnel to carry out the duties of the team.
``(2) Independence.--The Program Evaluation Competitive
Analysis Cell shall be independent of the Director and shall
report only to the Secretary of Defense.''.
(d) Pilot Program on Alternative Analysis.--
(1) In general.--The Director of Cost Assessment and
Program Evaluation shall establish a pilot program on
alternative analysis.
(2) Structure.--The Director shall establish, under the
pilot program established under paragraph (1), three
analytical groups, focused on programmatic analysis in the
following:
(A) Year 1 of the future-years defense program under
section 221 of title 10, United States Code.
(B) Years 2 through 5 of the future-years defense program.
(C) Years outside the future-years defense program.
(3) Requirements.--The pilot program established under
paragraph (1) shall run at least one strategic portfolio
review or equivalent analytical effort per year.
(e) Establishment of Analysis Working Group.--
(1) In general.--Not later than May 1, 2024, the Secretary
of Defense shall--
(A) establish the Analysis Working Group in the Department
of Defense; and
(B) ensure that the Analysis Working Group possesses
sufficient full-time equivalent support personnel to carry
out the duties of the Group.
(2) Membership.--The Analysis Working Group shall be
composed of representatives of the following components of
the Department of Defense:
(A) The Office of the Director of Cost Assessment and
Program Evaluation.
(B) The Directorate for Joint Force Development (J7) of the
Joint Staff.
(C) The Directorate for Force Structure, Resources, and
Assessment (J8) of the Joint Staff.
(D) The Office of the Secretary of Defense for Policy.
(E) The Chief Data and Artificial Intelligence Office.
(F) The Office of the Chief Information Officer.
(G) The United States Indo-Pacific Command.
(H) The United States European Command.
(3) Duties.--The Analysis Working Group shall--
(A) establish clear priorities and standards to focus
analysts on decision support;
(B) improve transparency of methodologies, tools, and
tradecraft across the analytic community, including testing
and validation for new or emerging methodologies, tools, and
tradecraft;
(C) improve quality of and expand access to data, including
evaluation of new data sets, or application of existing data
sets in new or novel ways;
(D) evolve the methodologies, tools, and tradecraft methods
and tools used in strategic analysis;
(E) resolve classified access and infrastructure
challenges;
(F) foster a workforce and organizations that are
innovative, creative, and provide high-quality strategic
decision support; and
(G) conduct such other tasks as the Secretary of Defense
considers appropriate.
(f) Rule of Construction.--Nothing in this section shall be
construed to interfere with the requirements of the Chiefs of
Staff of the Armed Forces to establish military requirements,
performance requirements, and joint performance requirements,
or the requirement of the Joint Requirements Oversight
Council to validate such requirements under section 181 of
title 10, United States Code.
SEC. 904. ROLES AND RESPONSIBILITIES FOR COMPONENTS OF OFFICE
OF SECRETARY OF DEFENSE FOR JOINT ALL-DOMAIN
COMMAND AND CONTROL IN SUPPORT OF INTEGRATED
JOINT WARFIGHTING.
(a) In General.--The Secretary of Defense shall establish
the roles and responsibilities of components of the Office of
the Secretary of Defense for development and delivery to
combatant commands of capabilities that are essential to
integrated joint warfighting capabilities, as follows:
(1) The Deputy Chief Technology Officer for Mission
Capabilities of the Office of the Under Secretary of Defense
for Research and Engineering shall be responsible for--
(A) identifying new technology and operational concepts for
experimentation and prototyping for delivery to the Joint
Force to address key operational challenges;
(B) providing technical support for the Joint Force in
exploring and analyzing new capabilities, operational
concepts, and systems-of-systems composition, including
through advanced modeling and simulation; and
(C) executing associated experimentation, through the Rapid
Defense Experimentation Reserve (RDER) or another mechanism.
(2) The Executive Director for Acquisition, Integration,
and Interoperability of the Office of the Under Secretary of
Defense for Acquisition and Sustainment shall be responsible
for--
(A) enabling the acquisition of cross-domain, joint, and
cross-system kill chains and mission capabilities, including
resourcing of modifications necessary for integration and
interoperability among kill chain and mission components; and
(B) ensuring the effectiveness of cross-domain, joint, and
cross-system kill chains and mission capabilities through
analysis and testing.
(3) The Chief Digital and Artificial Intelligence Officer
shall be responsible for creating and operating a factory-
based approach for software development that allows for
iterative, secure, and continuous deployment of
developmental, prototype, and operational tools and
capabilities from multiple vendors to test networks and
operational networks for combatant commanders to--
(A) gain operational awareness, make decisions, and take
actions;
(B) integrate relevant data sources to support target
selection, target prioritization, and weapon-target pairing;
and
(C) prosecute targets through military service and combat
support agency networks, tools, and systems.
(b) Coordination.--The officials referred to in paragraphs
(1), (2), and (3) of subsection (a) shall coordinate and
align their plans and activities to implement subsection (a)
among themselves and with the combatant commanders.
(c) Initial Prioritization.--In developing an initial set
of capabilities described in subsection (a), the officials
referred to in paragraphs (1), (2), and (3) of that
subsection shall prioritize the requirements of the United
States Indo-Pacific Command.
(d) Briefings Required.--Not later than 90 days after the
date of the enactment of this Act, and every 180 days
thereafter through December 31, 2026, the officials referred
to in paragraphs (1), (2), and (3) of subsection (a) shall
provide briefings to the congressional defense committees on
their plans and activities to implement subsection (a).
(e) Report Required.--Not later than March 1, 2024, the
Chief Data and Artificial Intelligence Officer, in
consultation with the Deputy Chief Technology Officer for
Mission Capabilities of the Office of the Under Secretary of
Defense for Research and Engineering and the Executive
Director for Acquisition, Integration, and Interoperability
of the Office of the Under Secretary of Defense for
Acquisition and Sustainment, shall submit to the
congressional defense committees a report that includes--
(1) a plan and associated timelines for deploying and
demonstrating a joint data integration layer prototype in the
United States Indo-Pacific Command area of operations;
(2) a plan and associated timelines for transitioning such
a prototype, upon its successful demonstration, to fielding
as soon as practicable given the urgent need for a joint all-
domain command and control (commonly referred to as
``JADC2'') capability;
[[Page S3954]]
(3) a plan and associated timelines for reaching initial
operational capability for a joint data integration layer
within the United States Indo-Pacific Command area of
operations;
(4) a plan and associated timelines for scaling that
capability to future areas of operation across the combatant
commands;
(5) an assessment of the required type and number of
personnel at the United States Indo-Pacific Command to enable
sustained growth in JADC2 capabilities; and
(6) a plan and associated timelines for--
(A) identifying specific critical effects chains necessary
to overcome anti-access and area denial capabilities and
offensive military operations of foreign adversaries; and
(B) creating, demonstrating, deploying, and sustaining such
chains.
SEC. 905. PRINCIPAL DEPUTY ASSISTANT SECRETARIES TO SUPPORT
ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL
OPERATIONS AND LOW INTENSITY CONFLICT.
The Secretary of Defense may appoint two Principal Deputy
Assistant Secretaries to report to the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict--
(1) one of whom may be assigned to support the Assistant
Secretary in the discharge of responsibilities specified in
clause (i) of section 138(b)(2)(A) of title 10, United States
Code; and
(2) one of whom may be assigned to support the Assistant
Secretary in the discharge of responsibilities specified in
clause (ii) of that section.
SEC. 906. MODIFICATION OF CROSS-FUNCTIONAL TEAM TO ADDRESS
EMERGING THREAT RELATING TO DIRECTED ENERGY
CAPABILITIES.
Section 910 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 111 note) is
amended--
(1) in the section heading, by striking ``anomalous health
incidents'' and inserting ``directed energy capabilities'';
(2) in subsection (a), by striking ``anomalous health
incidents (as defined by the Secretary)'' and inserting
``emerging directed energy capabilities, including such
capabilities that could plausibly result in anomalous health
incidents (as defined by the Secretary),'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``to assist the Secretary of Defense'' after ``shall be'';
(B) by amending paragraph (1) to read as follows:
``(1) to address the threat posed by emerging directed
energy capabilities, such as anti-personnel weapons,
including the detection and mitigation of, and development of
countermeasures for, such capabilities;'';
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(D) by inserting after paragraph (1) the following new
paragraph (2):
``(2) to conduct necessary investigation and activities to
understand the causation, attribution, mitigation,
identification, and treatment for anomalous health
incidents;''; and
(E) in paragraph (4), as redesignated by subparagraph (C),
by striking ``any other efforts regarding such incidents''
and inserting ``with any other efforts regarding emerging
directed energy capabilities, hazards of electromagnetic
radiation to personnel, and anomalous health incidents'';
(4) in subsection (d), by striking ``in consultation with
the Director of National Intelligence and''; and
(5) in subsection (e)(2)--
(A) by striking ``March 1, 2026'' and inserting ``March 1,
2028''; and
(B) by striking ``anomalous health incidents'' and
inserting ``emerging directed energy capabilities, including
such capabilities that could plausibly result in anomalous
health incidents''.
SEC. 907. PILOT PROGRAM ON PROTECTING ACCESS TO CRITICAL
ASSETS.
(a) In General.--The Secretary of Defense shall establish a
pilot program within the Office of the Under Secretary of
Defense for Acquisition and Sustainment under which the Under
Secretary will conduct and coordinate assessments, support
industrial base decision-making, and provide mitigation
measures to counter adversarial capital flows into industries
or businesses of interest to the Department of Defense
intended to undermine or deny--
(1) the access of the United States to key capabilities; or
(2) the ability of the United States to place such
capabilities in physical locations necessary for national
security functions.
(b) Elements.--
(1) In general.--Under the pilot program required by
subsection (a), the Under Secretary may perform the following
tasks:
(A) Conduct coordinated and integrated analysis of
adversarial capital flows into industries or businesses of
interest to the Department of Defense.
(B) Support coordination and outreach with technology
scouting and acquisition elements of the Department to
support the investment decision-making of those elements and
consideration of how to counteract entities employing
adversarial capital flows against industries or businesses
described in subparagraph (A), including the employment of
relevant authorities vested in other components of the
Department and the Federal Government.
(C) Identify, accelerate, and sustain the establishment,
research, development, construction, procurement, leasing,
consolidation, alteration, improvement, modernization, and
repair of tangible and intangible assets vital to the
national security of the United States.
(D) Protect tangible and intangible assets vital to the
national security of the United States from theft,
acquisition, and transfer by adversaries or strategic
competitors of the United States.
(E) Provide capital assistance to entities engaged in
investments that facilitate the efforts of the Under
Secretary under subparagraphs (C) and (D) utilizing existing
authorities available to the Department, such as the
authority provided under section 834.
(F) Experiment, prototype, test, or validate Government-
developed or commercially developed analytical tools,
processes, and tradecraft to improve the due diligence and
investment analysis processes for the Department.
(2) Use of certain financial instruments.--The Under
Secretary may perform the tasks described in paragraph (1)
using the authorities provided by section 834.
(c) Coordination.--In establishing the pilot program
required by subsection (a), the Secretary shall coordinate
the activities being carried out under the pilot program with
the following entities:
(1) The Air Force Office of Concepts, Development, and
Management.
(2) The Air Force Office of Commercial and Economic
Analysis.
(3) The Special Operations Command.
(4) The Defense Innovation Unit.
(5) The Office of Strategic Capital established under
section 148 of title 10, United States Code, as added by
section 901.
(6) Such other entities as the Secretary considers
appropriate.
(d) Regulations.--The Secretary of Defense shall prescribe
such regulations as are necessary to carry out this section.
(e) Effective Date.--The Secretary may not carry out
activities or exercise authorities under this section until
the date that is 30 days after the date on which the
Secretary submits to the congressional defense committees the
regulations required by subsection (d).
(f) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, the Under Secretary shall
provide a briefing to the congressional defense committees
that details implementation of the pilot program required by
subsection (a).
(g) Termination.--The pilot program required by subsection
(a) shall terminate on September 30, 2028.
(h) Definitions.--In this section:
(1) Adversarial capital flow.--The term ``adversarial
capital flow'' means an investment by--
(A) the government of a country that is an adversary of the
United States; or
(B) an entity organized under the laws of, or otherwise
subject to the jurisdiction of, such a country.
(2) Capital assistance.--The term ``capital assistance''
has the meaning given that term in section 834.
SEC. 908. EXTENSION OF MISSION MANAGEMENT PILOT PROGRAM.
Section 871 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 191 note) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``In General.--Except'' and inserting the
following: ``In General.--
``(A) Selection.--Except''; and
(ii) by adding at the end the following new subparagraph:
``(B) Delegation of oversight and management.--The Deputy
Secretary of Defense may delegate one or more mission
managers to oversee the selected missions and provide
management around mission outcomes.''; and
(B) by adding at the end the following new paragraph:
``(4) Identification of funding.--For each mission selected
under paragraph (1), the Deputy Secretary of Defense shall
identify funding sources in detail in defense budget
materials for budgets submitted to Congress pursuant to
section 1105 of title 31, United States Code, with selected
missions and solution detailed in materials for each
budgetary item associated with a selected mission.'';
(2) in subsection (c)(2)--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E) the following new
subparagraph:
``(F) assist the Deputy Secretary of Defense in the
identification of funding that could contribute to the
mission, including through existing authorized methods to
realign, reprogram, or transfer funds; and'';
(3) in subsection (f)(1)(A), by striking ``every six months
thereafter until the date that is five years after the date
of the enactment of this Act'' and inserting ``annually
thereafter until September 30, 2031''; and
(4) in subsection (h), by striking ``terminate on the date
that is five years after the date of the enactment of this
Act'' and inserting ``terminate on September 30, 2031''.
SEC. 909. CONFORMING AMENDMENTS TO CARRY OUT ELIMINATION OF
POSITION OF CHIEF MANAGEMENT OFFICER.
(a) Removal of References to Chief Management Officer in
Provisions of Law Relating to Precedence.--Chapter 4 of title
10, United States Code, is amended--
[[Page S3955]]
(1) in section 133a(c)--
(A) in paragraph (1), by striking ``, the Deputy Secretary
of Defense, and the Chief Management Officer of the
Department of Defense'' and inserting ``and the Deputy
Secretary of Defense''; and
(B) in paragraph (2), by striking ``the Chief Management
Officer,'';
(2) in section 133b(c)--
(A) in paragraph (1), by striking ``the Chief Management
Officer of the Department of Defense,''; and
(B) in paragraph (2), by striking ``the Chief Management
Officer,'';
(3) in section 137a(d), by striking ``the Chief Management
Officer of the Department of Defense,''; and
(4) in section 138(d), by striking ``the Chief Management
Officer of the Department of Defense,''.
(b) Assignment of Periodic Review of Defense Agencies and
Department of Defense Field Activities to Secretary of
Defense.--Section 192(c) of such title is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), in the first sentence, by striking
``the Chief Management Officer of the Department of Defense''
and inserting ``the Secretary of Defense''; and
(B) in subparagraphs (B) and (C), by striking ``the Chief
Management Officer'' and inserting ``the Secretary''; and
(2) in paragraph (2), by striking ``the Chief Management
Officer'' each place it appears and inserting ``the
Secretary''.
(c) Assignment of Responsibility for Financial Improvement
and Audit Remediation to Under Secretary of Defense
(Comptroller).--Section 240b of such title is amended--
(1) in subsection (a)(1), by striking ``The Chief
Management Officer of the Department of Defense shall, in
consultation with the Under Secretary of Defense
(Comptroller),'' and inserting ``The Under Secretary of
Defense (Comptroller) shall, in consultation with the
Performance Improvement Officer of the Department of
Defense,''; and
(2) in subsection (b)(1)(C)(ii), by striking ``the Chief
Management Officer'' and inserting ``the Performance
Improvement Officer''.
(d) Removal of Chief Management Officer as Recipient of
Reports of Audits by External Auditors.--Section
240d(d)(1)(A) of such title is amended by striking ``and the
Chief Management Officer of the Department of Defense''.
(e) Conforming Amendments to Provisions of Law Related to
Freedom of Information Act Exemptions.--Such title is further
amended--
(1) in section 130e--
(A) by striking subsection (d);
(B) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(C) in subsection (d), as so redesignated--
(i) in the first sentence, by striking ``, or the
Secretary's designee,''; and
(ii) in the second sentence, by striking ``, through the
Office of the Director of Administration and Management'';
and
(2) in section 2254a--
(A) by striking subsection (c);
(B) by redesignating subsection (d) as subsection (c); and
(C) in subsection (c), as so redesignated--
(i) in the first sentence, by striking ``, or the
Secretary's designee,''; and
(ii) in the second sentence, by striking ``, through the
Office of the Director of Administration and Management''.
(f) Removal of Chief Management Officer as Required
Coordinator on Defense Resale Matters.--Section 631(a) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2481 note) is amended by
striking ``, in coordination with the Chief Management
Officer of the Department of Defense,''.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 921. JOINT ENERGETICS TRANSITION OFFICE.
(a) In General.--The Secretary of Defense shall realign
roles, responsibilities, and resources as necessary to
establish a Joint Energetics Transition Office (in this
section referred to as the ``Office'').
(b) Responsibilities.--The Office shall--
(1) develop and periodically update an energetic materials
strategic plan and investment strategy to guide current and
future investments in new and legacy energetic materials and
technologies, including by--
(A) developing or supporting the development of strategies
and roadmaps, under the future-years defense program under
section 221 of title 10, United States Code, and the program
objective memorandum process, for energetic materials and
technologies; and
(B) initiating special studies or analyses to inform the
program objective memorandum process;
(2) coordinate and synchronize existing research,
development, test, and evaluation efforts in energetic
materials across the Department of Defense to identify
promising new energetic materials and technologies--
(A) to mature, integrate, prototype, and demonstrate novel
energetic materials and technologies, including
classification and characterization testing of new materials
and manufacturing technologies;
(B) to expedite testing, evaluation, and acquisition of
energetic materials and technologies to meet the emergent
needs of the Department, including the rapid integration of
promising new materials and other promising energetic
compounds into existing and planned weapons platforms; and
(C) to identify existing or establish new prototyping
demonstration venues to integrate advanced technologies that
speed the maturation and deployment of future energetic
materials;
(3) oversee a process to expedite the qualification process
for energetic materials, from discovery through integration
into weapon systems, and recommend changes to laws,
regulations, and policies that present barriers that extend
timelines for that process; and
(4) carry out such other responsibilities relating to
energetic materials as the Secretary shall specify.
(c) Report Required.--The Deputy Secretary of Defense shall
submit to the congressional defense committees--
(1) not later than 60 days after the date of the enactment
of this Act, a report on the status of the establishment of
the Office under subsection (a); and
(2) not later than one year after such date of enactment, a
report on the measures taken to provide the Office with the
staff and resources necessary for the Office to carry out its
responsibilities under subsection (b).
SEC. 922. TRANSITION OF OVERSIGHT RESPONSIBILITY FOR THE
DEFENSE TECHNOLOGY SECURITY ADMINISTRATION.
(a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
develop a transition plan to realign the Defense Technology
Security Administration under the authority, direction, and
control of the Assistant Secretary of Defense for Industrial
Base Policy.
(b) Submission of Plan.--Not later than 7 days after the
date on which the Secretary completes development of the plan
required by subsection (a), the Secretary shall submit the
plan to the congressional defense committees.
(c) Implementation of Plan.--Not later than 180 days after
the date on which the Secretary completes development of the
plan required by subsection (a), the Secretary shall realign
the Defense Technology Security Administration under the
authority, direction, and control of the Assistant Secretary
of Defense for Industrial Base Policy.
SEC. 923. INTEGRATED AND AUTHENTICATED ACCESS TO DEPARTMENT
OF DEFENSE SYSTEMS FOR CERTAIN CONGRESSIONAL
STAFF FOR OVERSIGHT PURPOSES.
Section 1046(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended--
(1) in paragraph (1)(B), 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 new paragraph:
``(3) to the extent feasible, be integrated with software
used by the Department of Defense Parking Management Office
to validate parking requests.''.
SEC. 924. INTEGRATION OF PRODUCTIVITY SOFTWARE SUITES FOR
SCHEDULING DATA.
The Secretary of Defense shall ensure that the Department
of Defense is capable of scheduling congressional engagements
in a digitally interoperable manner by not later than
February 25, 2024, either through--
(1) integrating the productivity software suite of the
Department of Defense with the productivity software suite of
the congressional defense committees; or
(2) enabling the automated transmission of scheduling data
through another software solution.
SEC. 925. OPERATIONALIZING AUDIT READINESS.
(a) Metrics Required.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall
develop a set of command audit metrics that link existing
audit readiness goals and metrics for the financial
management community with unit leadership goals and metrics
to provide operationally relevant performance measures for
use by unit commanders.
(2) Leveraging support.--In developing the metrics required
by paragraph (1), the Secretary may leverage support from an
existing federally funded research and development center or
university-affiliated research center.
(3) Deadline.--An initial set of metrics shall be developed
and implemented under paragraph (1) not later than April 30,
2025.
(b) Training.--
(1) In general.--The President of the Defense Acquisition
University shall develop training curricula to support the
workforce of the Department of Defense in understanding,
implementing, and utilizing the metrics developed under
subsection (a) in the day-to-day performance of their command
and leadership duties.
(2) Deadline.--An initial training curriculum shall be
developed and implemented under paragraph (1) not later than
April 30, 2025.
(c) Leader Performance Assessments.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall
evaluate means by which the metrics developed under
subsection (a) can be used in the performance evaluation of
unit commanders.
(2) Briefing required.--Not later than September 30, 2024,
the Secretary shall provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives
on the evaluation conducted under paragraph (1). The briefing
shall include the following elements:
[[Page S3956]]
(A) Identification of the appropriate command echelon at
which to assess unit leader performance using the metrics
developed under subsection (a).
(B) Evaluations of available measures to reward superior or
above average performance with respect to such metrics.
(C) Assessment of the potential value, and challenges, to
integrating such measures into the annual performance
evaluations for designated unit leaders.
(D) Any other issues the Secretary considers appropriate.
SEC. 926. NEXT GENERATION BUSINESS HEALTH METRICS.
(a) Metrics Required.--The Secretary of Defense, acting
through the Director of Administration and Management and in
coordination with the Secretaries of the military
departments, shall develop an updated set of business health
metrics to inform decision-making by senior leaders of the
Department of Defense.
(b) Elements.--In developing the metrics required by
subsection (a), the Director shall--
(1) using the current literature on performance
measurement, determine what additional new metrics should be
implemented, or current metrics should be adapted, to reduce
output-based measures and emphasize objective, measurable
indicators aligned to enduring strategic goals of the
Department of Defense;
(2) assess the current business processes of the Department
and provide recommendations to align the metrics with
available data sources to determine what gaps might exist in
such processes;
(3) ensure that data can be collected automatically and, on
a long-term basis, in a manner that provides for longitudinal
analysis;
(4) link the metrics with the Strategic Management Plan and
other performance documents guiding the Department;
(5) identify any shortfalls in resources, data, training,
policy, or law that could be an impediment to implementing
the metrics;
(6) revise leading and lagging indicators associated with
each such metric to provide a benchmark against which to
assess progress;
(7) improve visualization of and comprehension for the use
of the metrics in data-driven decision-making, including
adoption of new policies and training as needed;
(8) incorporate the ability to aggregate and disaggregate
data to provide the ability to focus on functional,
component-level metrics; and
(9) increase standardization of the use and collection of
business health metrics across the Department.
(c) Additional Support.--In developing the metrics required
by subsection (a), the Director may leverage support from an
existing federally funded research and development center or
university-affiliated research center.
(d) Briefing Required.--Not later than January 30, 2025,
the Director shall brief the Committees on Armed Services of
the Senate and the House of Representatives on the
development of the metrics required by subsection (a).
SEC. 927. INDEPENDENT ASSESSMENT OF DEFENSE BUSINESS
ENTERPRISE ARCHITECTURE.
(a) In General.--The Secretary of Defense shall select a
federally funded research and development center or a
university affiliated research center to conduct an
independent assessment of the defense business enterprise
architecture developed under section 2222(e) of title 10,
United States Code.
(b) Elements.--The assessment required by subsection (a)
shall include the following elements:
(1) An assessment of the effectiveness of the defense
business enterprise architecture as of the date of the
enactment of this Act in providing an adequate and useful
framework for planning, managing, and integrating the
business systems of the Department of Defense.
(2) A comparison of the defense business enterprise
architecture with similar models in use by other government
agencies in the United States, foreign governments, and major
commercial entities, including an assessment of any lessons
from such models that might be applied to the defense
business enterprise architecture.
(3) An assessment of the adequacy of the defense business
enterprise architecture in informing business process
reengineering and being sufficiently responsive to changes in
business processes over time.
(4) An identification of any shortfalls or implementation
challenges in the utility of the defense business enterprise
architecture.
(5) Recommendations for replacement of the existing defense
business enterprise architecture or for modifications to the
existing architecture to make that architecture and the
process for updating that architecture more effective and
responsive to the business process needs of the Department.
(c) Interim Briefing.--Not later than April 1, 2024, the
Secretary shall brief the Committees on Armed Services of the
Senate and the House of Representatives on the status of the
assessment required by subsection (a).
(d) Final Report.--Not later than January 30, 2025, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
results of the assessment required by subsection (a).
SEC. 928. LIMITATION ON ESTABLISHMENT OF NEW DIVERSITY,
EQUITY, AND INCLUSION POSITIONS; HIRING FREEZE.
(a) In General.--During the period described in subsection
(b), the Secretary of Defense may not--
(1) establish any new positions within the Department of
Defense with responsibility for matters relating to
diversity, equity, and inclusion; or
(2) fill any vacancies in positions in the Department with
responsibility for such matters.
(b) Period Described.--The period described in this
subsection is the period--
(1) beginning on the date of the enactment of this Act; and
(2) ending on the date on which the Comptroller General of
the United States submits to Congress the review of the
Department of Defense diversity, equity, and inclusion
workforce required by the report of the Committee on Armed
Services of the Senate accompanying the National Defense
Authorization Act for Fiscal Year 2024.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2024 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$6,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. ANNUAL REPORT ON BUDGET PRIORITIZATION BY
SECRETARY OF DEFENSE AND MILITARY DEPARTMENTS.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 222d the following new
section:
``Sec. 222e. Programs, projects, and activities that were
internally reduced or eliminated in the submission of the
President's budget: annual report
``(a) In General.--The Secretary of Defense, acting through
the Secretaries of the military departments and the officers
of Department of Defense agencies and offices not under the
control of a Secretary of a military department, shall submit
to the congressional defense committees each year, not later
than 15 days after the submission of the budget of the
President for the fiscal year beginning in such year under
section 1105(a) of title 31, a report that includes organized
tabulations of programs, projects, and activities the total
obligational authority for which was reduced or eliminated in
the current budget year proposal compared to the prior-year
projection for the current year.
``(b) Elements.--The tabulations required under subsection
(a) shall include, for each program, project, or activity
that was internally reduced or eliminated, the following
elements:
``(1) Whether the program, project, or activity was
eliminated or reduced and which fiscal year it was eliminated
or reduced in.
``(2) Appropriations sub-account.
``(3) The appropriate program element, line item number, or
sub-activity group.
``(4) Program, project, or activity name.
``(5) Prior year enacted appropriation.
``(6) Prior year projected current year budget.
``(7) Current year budget request.
``(8) If applicable, the amount reduced or saved by the
current year elimination or reduction over the future years
defense plan.
``(9) The rationale for reduction or elimination.
``(c) Form.--The report required under subsection (a) shall
be submitted in machine readable, electronic form.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by inserting
after the item relating to section 222d the following new
item:
``222e. Programs, projects, and activities that were internally reduced
or eliminated in the submission of the President's
budget: annual report.''.
[[Page S3957]]
SEC. 1003. ADDITIONAL REPORTING REQUIREMENTS RELATED TO
UNFUNDED PRIORITIES.
Section 222a(c)(1) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(E) For each priority--
``(i) the requirement that will be addressed which is not
in the base budget request;
``(ii) the reason why the priority was not included in the
base budget request;
``(iii) a description of previous funding to address the
requirement;
``(iv) an assessment of the impact of the priority on the
future years defense plan.''.
SEC. 1004. SENSE OF THE SENATE ON NEED FOR EMERGENCY
SUPPLEMENTAL APPROPRIATIONS.
It is the sense of the Senate that--
(1) section 101 of the Fiscal Responsibility Act of 2023
(Public Law 118-5) imposes limits on discretionary spending
in the defense and nondefense categories;
(2) if those spending limits for either category are
breached, then across-the-board sequestration cuts are
triggered on that category to eliminate the breach;
(3) the enactment of authorization and appropriations
legislation for the Department of Defense will provide
inherent cost savings that continuing resolutions do not
provide;
(4) there are growing national security concerns that
require additional funds beyond the revised security spending
limit, to include continued support to the Ukrainian armed
forces, additional munitions production, additional large
surface combatants, shipbuilding industrial base
modernization investments, submarine industrial base and
supply chain management, additional production of wheeled and
tracked combat vehicles, and emergent capabilities and
exercises in the United States Indo-Pacific Command;
(5) as the Senate Majority Leader Chuck Schumer stated on
June 1, 2023, ``This debt ceiling deal does nothing to limit
the Senate's ability to appropriate emergency/supplemental
funds to ensure our military capabilities are sufficient to
deter China, Russia, and our other adversaries and respond to
ongoing and growing national security threats, including
Russia's ongoing war of aggression against Ukraine, our
ongoing competition with China and its growing threat to
Taiwan, Iranian threats to American interests and those of
our partners in the Middle East, or any other emerging
security crisis; nor does this debt ceiling deal limit the
Senate's ability to appropriate emergency/supplemental funds
to respond to various national issues, such as disaster
relief, or combating the fentanyl crisis, or other issues of
national importance.''; and
(6) the President should expeditiously send emergency
funding requests to the Senate for consideration so that
those needs can receive sufficient and additional funds.
Subtitle B--Counterdrug Activities
SEC. 1011. DISRUPTION OF FENTANYL TRAFFICKING.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) fentanyl trafficking across the borders of the United
States, and the consequences of that trafficking, constitute
an unprecedented, nontraditional, and long-term threat to the
national security of the United States;
(2) transnational criminal organizations have established
effective control over significant areas within Mexico, which
has enabled the development of fentanyl production and
trafficking infrastructure;
(3) combating fentanyl trafficking demands--
(A) improved interagency command, control, communications,
and intelligence sharing to enhance the effectiveness of the
interdiction of fentanyl at the borders of the United States;
and
(B) whole-of-government solutions comprised of an
integrated and synchronized interagency organizational
construct committed to dismantling the process of trafficking
fentanyl from chemical precursor to production to delivery in
the United States and enabling partner nations to do the
same;
(4) it is within the national security interest of the
United States for Federal, State, and local law enforcement
agencies, the Department of Defense, the Department of State,
other counter-drug agencies, and stakeholders to effectively
communicate and that the failure of effective communication
affects the prevention, interdiction, and prosecution of
fentanyl trafficking and distribution into and within the
United States; and
(5) the United States must partner with Mexico and Canada
to combat fentanyl trafficking through institution building,
the dismantling of cartels, and seizures of fentanyl in
Mexico, Canada, and intrastate transit zones.
(b) Development of Strategy to Counter Fentanyl Trafficking
and Report.--
(1) Strategy.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with other Federal agencies as the Secretary
considers appropriate, shall develop and submit to the
appropriate congressional committees a strategy to use
existing authorities, including the authorities under section
124 of title 10, United States Code, as appropriate, to
target, disrupt, or degrade threats to the national security
of the United States caused or exacerbated by fentanyl
trafficking.
(B) Contents.--The strategy required by subparagraph (A)
shall outline how the Secretary of Defense will--
(i) leverage existing authorities regarding counterdrug and
counter-transnational organized crime activities with a
counter-fentanyl nexus to detect and monitor activities
related to fentanyl trafficking;
(ii) support operations to counter fentanyl trafficking
carried out by other Federal agencies, State, Tribal, and
local law enforcement agencies, or foreign security forces;
(iii) coordinate efforts of the Department of Defense for
the detection and monitoring of aerial, maritime, and surface
traffic suspected of carrying fentanyl bound for the United
States, including efforts to unify the use of technology,
surveillance, and related resources across air, land, and
maritime domains to counter fentanyl trafficking, including
with respect to data collection, data processing, and
integrating sensors across such domains;
(iv) provide military-unique capabilities to support
activities by the United States Government and foreign
security forces to detect and monitor the trafficking of
fentanyl and precursor chemicals used in fentanyl production,
consistent with section 284(b)(10) of title 10, United States
Code;
(v) leverage existing counterdrug and counter-transnational
organized crime programs of the Department to counter
fentanyl trafficking;
(vi) assess existing training programs of the Department
and provide training for Federal, State, Tribal, and local
law enforcement agencies conducted by special operations
forces to counter fentanyl trafficking, consistent with
section 284(b) of title 10, United States Code;
(vii) engage with foreign security forces to ensure the
counterdrug and counter-transnational organized crime
programs of the Department--
(I) support efforts to counter fentanyl trafficking; and
(II) build capacity to interdict fentanyl in foreign
countries, including programs to train security forces in
partner countries to counter fentanyl trafficking, including
countering illicit flows of fentanyl precursors, consistent
with sections 284(c) and 333 of title 10, United States Code;
(viii) use the North American Defense Ministerial and the
bilateral defense working groups and bilateral military
cooperation round tables with Canada and Mexico to increase
domain awareness to detect and monitor fentanyl trafficking;
and
(ix) evaluate existing policies, procedures, processes, and
resources that affect the ability of the Department to
counter fentanyl trafficking consistent with existing
counterdrug and counter-transnational organized crime
authorities.
(C) Form.--The strategy required by subparagraph (A) shall
be submitted in unclassified form, but may include a
classified annex.
(D) Briefing.--Not later than 45 days after the submission
of the strategy required by subparagraph (A), the Secretary
shall provide to the appropriate congressional committees a
briefing on the strategy and plans for its implementation.
(2) Report on law enforcement reimbursement.--The Secretary
of Defense shall submit to the appropriate congressional
committees a report on--
(A) any goods or services provided under section 1535 of
title 31, United States Code (commonly known as the ``Economy
Act''), during the period beginning on January 1, 2010, and
ending on the date on which the report is submitted, by the
Department of Defense to Federal civilian law enforcement
agencies for counterdrug and counter-transnational organized
crime operations on the southern border of the United States;
and
(B) any payments made for such goods or services under such
section during such period.
(c) Cooperation With Mexico.--
(1) In general.--The Secretary of Defense shall seek to
enhance cooperation with defense officials of the Government
of Mexico to target, disrupt, and degrade transnational
criminal organizations within Mexico that traffic fentanyl.
(2) Report on enhanced security cooperation.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on efforts to enhance cooperation with defense officials of
the Government of Mexico specified in paragraph (1).
(B) Contents.--The report required by subparagraph (A)
shall include--
(i) an assessment of the impact of the efforts to enhance
cooperation described in paragraph (1) on targeting,
disrupting, and degrading fentanyl trafficking;
(ii) a description of limitations on such efforts,
including limitations imposed by the Government of Mexico;
(iii) recommendations by the Secretary on actions to
further improve cooperation with defense officials of the
Government of Mexico;
(iv) recommendations by the Secretary on actions of the
Department of Defense to further improve the capabilities of
the Government of Mexico to target, disrupt, and degrade
fentanyl trafficking; and
(v) any other matter the Secretary considers relevant.
[[Page S3958]]
(C) Form.--The report required by subparagraph (A) may be
submitted in unclassified form but shall include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Fentanyl.--The term ``fentanyl'' means fentanyl and any
fentanyl-related substance.
(3) Fentanyl-related substance.--The term ``fentanyl-
related substance''--
(A) means any substance that is structurally related to
fentanyl by 1 or more modifications of--
(i) replacement of the phenyl portion of the phenethyl
group by any monocycle, whether or not further substituted in
or on the monocycle;
(ii) substitution in or on the phenethyl group with alkyl,
alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro
groups;
(iii) substitution in or on the piperidine ring with alkyl,
alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl,
amino, or nitro groups;
(iv) replacement of the aniline ring with any aromatic
monocycle whether or not further substituted in or on the
aromatic monocycle; and
(v) replacement of the N-propionyl group with another acyl
group; and
(B) does not include a substance described in subparagraph
(A) that is--
(i) controlled by action of the Attorney General pursuant
to section 201 of the Controlled Substances Act (21 U.S.C.
811);
(ii) expressly listed in Schedule I of section 202(c) of
that Act (21 U.S.C. 812) or another schedule by a statutory
provision; or
(iii) removed from Schedule I, or rescheduled to another
schedule, pursuant to section 201(k) of that Act (21 U.S.C.
811(k)).
(4) Illegal means.--The term ``illegal means'' includes the
trafficking of money, human trafficking, illicit financial
flows, illegal trade in natural resources and wildlife, trade
in illegal drugs and weapons, and other forms of illegal
means determined by the Secretary of Defense.
(5) Security cooperation program.--The term ``security
cooperation program'' has the meaning given that term in
section 301 of title 10, United States Code.
(6) Transnational criminal organization.--
(A) In general.--The term ``transnational criminal
organization'' means a group, network, and associated
individuals who operate transnationally for the purpose of
obtaining power, influence, or monetary or commercial gain,
wholly or in part by illegal means, while advancing their
activities through a pattern of crime, corruption, or
violence and protecting their illegal activities through a
transnational organizational structure and the exploitation
of public corruption or transnational logistics, financial,
or communication mechanisms.
(B) Additional organizations.--The term ``transnational
criminal organization'' includes any transnational criminal
organization identified in the most recent Drug Threat
Assessment of the Drug Enforcement Agency.
SEC. 1012. ENHANCED SUPPORT FOR COUNTERDRUG ACTIVITIES AND
ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED
CRIME.
Section 284(b)(9) of title 10, United States Code, is
amended by striking ``linguist and intelligence analysis''
and inserting ``linguist, intelligence analysis, and
planning''.
SEC. 1013. MODIFICATION OF SUPPORT FOR COUNTERDRUG ACTIVITIES
AND ACTIVITIES TO COUNTER TRANSNATIONAL
ORGANIZED CRIME: INCREASE IN CAP FOR SMALL
SCALE CONSTRUCTION PROJECTS.
Section 284(i)(3) of title 10, United States Code, is
amended by striking ``$750,000'' and inserting
``$1,500,000''.
SEC. 1014. BUILDING THE CAPACITY OF ARMED FORCES OF MEXICO TO
COUNTER THE THREAT POSED BY TRANSNATIONAL
CRIMINAL ORGANIZATIONS.
(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall establish a
pilot program to assess the feasibility and advisability of
building the capacity of armed forces of Mexico in the United
States on goals, jointly agreed to by the Governments of the
United States and Mexico, to counter the threat posed by
transnational criminal organizations, including through--
(1) operations designed, at least in part, by the United
States, to counter that threat; and
(2) in consultation with the appropriate civilian
government agencies specializing in countering transnational
criminal organizations--
(A) joint network analysis;
(B) counter threat financing;
(C) counter illicit trafficking (including narcotics,
weapons, and human trafficking, and illicit trafficking in
natural resources); and
(D) assessments of key nodes of activity of transnational
criminal organizations.
(b) Plan.--
(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 appropriate congressional committees a plan for
implementing the pilot program required by subsection (a)
over a period of five years, including the costs of
administering the program during such period.
(2) Definition of appropriate congressional committees.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
Subtitle C--Naval Vessels
SEC. 1021. MODIFICATION OF AUTHORITY TO PURCHASE USED VESSELS
UNDER THE NATIONAL DEFENSE SEALIFT FUND.
Section 2218(f)(3) of title 10, United States Code, is
amended--
(1) by striking subparagraphs (C), (E) and (G); and
(2) by redesignating subparagraphs (D) and (F) as
subparagraphs (C) and (D), respectively.
SEC. 1022. AMPHIBIOUS WARSHIP FORCE AVAILABILITY.
Section 8062 of title 10, United States Code, is amended--
(1) in subsection (e)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) the Navy adjusts scheduled maintenance and repair
actions to maintain a minimum of 24 amphibious warfare ships
operationally available for worldwide deployment.''; and
(2) by redesignating the second subsection (g) (defining
amphibious warfare ship) as subsection (h).
SEC. 1023. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL
VESSELS.
None of the funds authorized to be appropriated by this Act
for fiscal year 2024 may be obligated or expended to retire,
prepare to retire, or place in storage any of the following
naval vessels:
(1) USS Germantown (LSD 42).
(2) USS Gunston Hall (LSD 44).
(3) USS Tortuga (LSD 46).
(4) USS Shiloh (CG 67).
SEC. 1024. REPORT ON THE POTENTIAL FOR AN ARMY AND NAVY JOINT
EFFORT FOR WATERCRAFT VESSELS.
(a) Report Required.--Not later than February 29, 2024, the
Secretary of the Navy, in coordination with the Secretary of
the Army, shall submit to the congressional defense
committees a report on the feasibility of conducting a joint
Army and Navy effort to develop and field a family of
watercraft vessels to support the implementation of the
Marine Corps concept of expeditionary advanced base
operations and Army operations in maritime environments.
(b) Elements.--The report required by subsection (a) shall
include an assessment of whether a shared base platform could
meet requirements of the Department of the Navy and the
Department of the Army, and, if so, an assessment of the
benefits and challenges of procuring a technical data package
to allow simultaneous construction of such platform by
multiple builders and using block buy authorities.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as most
recently amended by section 1034 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263), is further amended by striking ``2023''
and inserting ``2024''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1953), as most recently amended by section 1031 of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263), is further amended by
striking ``December 31, 2023'' and inserting ``December 31,
2024''.
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS TO
CONSTRUCT OR MODIFY FACILITIES IN THE UNITED
STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as most recently amended by section 1032 of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263), is further amended by
striking ``December 31, 2023'' and inserting ``December 31,
2024''.
[[Page S3959]]
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as most recently amended by section 1033 of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263), is further amended by
striking ``December 31, 2023'' and inserting ``December 31,
2024''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH
OF THE NORTHERN MARIANA ISLANDS FOR CERTAIN
NONIMMIGRANT H-2B WORKERS.
Section 6(b)(1)(B) of the Joint Resolution entitled ``A
Joint Resolution to approve the `Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America', and for other
purposes'', approved March 24, 1976 (48 U.S.C.
1806(b)(1)(B)), is amended, in the matter preceding clause
(i), by striking ``December 31, 2023'' and inserting
``December 31, 2029''.
SEC. 1042. AUTHORITY TO INCLUDE FUNDING REQUESTS FOR THE
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM IN
BUDGET ACCOUNTS OF MILITARY DEPARTMENTS.
Section 1701(d)(2) of the National Defense Authorization
Act for Fiscal Year 1994 (50 U.S.C. 1522(d)(2)) is amended by
striking ``may not be included in the budget accounts'' and
inserting ``may be included in the budget accounts''.
SEC. 1043. UNFAVORABLE SECURITY CLEARANCE ELIGIBILITY
DETERMINATIONS AND APPEALS.
(a) Administrative Due Process Procedures for Covered
Individuals Seeking or Having Access to Classified
Information or Sensitive Compartment Information.--
(1) In general.--Each head of a component of the Department
of Defense shall provide to each covered individual described
in paragraph (2) of such component seeking or having access
to classified information or sensitive compartment
information with administrative due process procedures
described in paragraph (3) through the Defense Office of
Hearings and Appeals.
(2) Covered individual described.--A covered individual
described in this paragraph is a member of the Armed Forces,
a civilian employee employed by a component of the Department
of Defense, or a contractor employee described in Department
of Defense Manual 5220.22, Volume 2 (relating to National
Industrial Security Program: Industrial Security Procedures
for Government Activities), or successor manual.
(3) Administrative due process procedures described.--The
administrative due process procedures described in this
paragraph are the administrative due process procedures
described in Department of Defense Directive 5220.6 (relating
to Defense Industrial Personnel Security Clearance Review
Program), or successor directive, and Executive Order 10865
(50 U.S.C. 3161 note; relating to safeguarding classified
information within industry).
(b) Hearings, Appeals, and Final Denials and Revocations of
Security Clearance Eligibility.--In order to simplify,
centralize, and unify the administrative processes for
unfavorable security clearance eligibility determinations for
covered individuals described in subsection (a)(2), the
Secretary of Defense shall ensure that all hearings, appeals,
and final denials and revocations of security clearance
eligibility are performed by the Defense Office of Hearings
and Appeals with administrative due process procedures.
(c) Updates to Department of Defense Manuals.--The
Secretary of Defense shall update Department of Defense
Manual 5200.02 (relating to procedures for Department of
Defense Personnel Security Program) and Department of Defense
Manual 5220.22, Volume 2 (relating to National Industrial
Security Program: Industrial Security Procedures for
Government Activities) to conform with the requirements of
subsections (a) and (b).
(d) Authority of Director of Defense Office of Hearings and
Appeals to Render Eligibility Determinations for Access to
Classified Information and Sensitive Compartmented
Information.--The Director of the Defense Office of Hearings
and Appeals may render eligibility determinations for access
to classified information and sensitive compartmented
information pursuant to procedures and guidelines that the
Director shall issue in consultation with the Director of
National Intelligence.
(e) Dissemination of Security Relevant Information.--
(1) Request for sharing required.--In a case in which a
contractor or civilian employee of the Federal Government
holding an active security clearance is seeking to transfer
that clearance for a new position in the Department of
Defense and in which an agency or department of the Federal
Government possesses security relevant information about that
clearance holder that is related to eligibility for access to
classified information and makes known the existence of such
security relevant information in the commonly accessible
security clearance databases of the Federal Government, but
without taking any action to suspend or revoke that clearance
holder's security clearance, the Department of Defense
component considering the transfer of a clearance shall
promptly make a request to receive the security relevant
information from the agency or department in possession of
such information.
(2) Failure to share.--In a case in which an agency or
department of the Federal Government receives a request to
share security relevant information about a clearance holder
pursuant to paragraph (1) but fails to do so within 30 days
of the date on which the request is made, such failure shall
trigger procedural and substantive due process rights,
established for the purposes of carrying out this section,
for the clearance holder to challenge the security relevant
information as if the information were the equivalent of a
suspension, denial, or revocation of the underlying
clearance.
(f) Protections.--Members of the Armed Forces and civilian
employees of the Department of Defense may not be suspended
without pay because a security clearance is suspended or
revoked prior to the conclusion of any appeal process to
enable such members and employee to support themselves during
an appeal process and to support themselves without resigning
from Government employment and thereby losing standing to
appeal the suspension or revocation of access to classified
information.
(g) Effective Date; Applicability.--
(1) Effective date.--This section shall take effect on the
earlier of--
(A) the date on which the General Counsel of the Department
of Defense certifies to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives that the Defense Office of Hearings and
Appeals is prepared for the provisions of this section to
take effect; or
(B) September 30, 2024.
(2) Applicability.--This section shall apply to revocations
of eligibility to access classified information or sensitive
compartmented information that occur on or after the date on
which this section takes effect pursuant to paragraph (1).
(h) Rule of Construction.--Nothing in this section shall be
construed to diminish or otherwise affect the authority of
the head of a component of the Department to suspend access
to classified information or a special access program,
including sensitive compartmented information, in exigent
circumstances, should the head determine that continued
access of a covered individual is inconsistent with
protecting the national security of the United States.
SEC. 1044. ASSISTANCE IN SUPPORT OF DEPARTMENT OF DEFENSE
ACCOUNTING FOR MISSING UNITED STATES GOVERNMENT
PERSONNEL.
(a) In General.--Section 408 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``Equipment and
training of foreign personnel to assist in'' and inserting
``Assistance in support of'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(5) Funds.'';
(3) by striking subsections (d) and (f);
(4) by redesignating subsection (e) as subsection (d); and
(5) by adding at the end the following new subsection:
``(e) Annual Report.--Not later than December 31 of each
year, the Secretary of Defense shall submit to the
congressional defense committees a report on the assistance
provided under this section during the preceding fiscal
year.''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of chapter 20 of title 10, United States Code,
is amended by striking the item relating to section 408 and
inserting the following new item:
``408. Assistance in support of Department of Defense accounting for
missing United States Government personnel.''.
SEC. 1045. IMPLEMENTATION OF ARRANGEMENTS TO BUILD
TRANSPARENCY, CONFIDENCE, AND SECURITY.
Section 2241 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Implementation of Vienna Document 2011.--Amounts
appropriated for operation and maintenance may be used by the
Secretary of Defense for travel, transportation, and
subsistence expenses for meetings and demonstrations hosted
by the Department of Defense for the implementation of the
Vienna Document 2011 on Confidence and Security-Building
Measures.''.
SEC. 1046. ACCESS TO AND USE OF MILITARY POST OFFICES BY
UNITED STATES CITIZENS EMPLOYED OVERSEAS BY THE
NORTH ATLANTIC TREATY ORGANIZATION WHO PERFORM
FUNCTIONS IN SUPPORT OF MILITARY OPERATIONS OF
THE ARMED FORCES.
(a) Requirement to Authorize Use of Post Office.--Section
406 of title 39, United States Code, is amended by striking
``may authorize the use'' and inserting ``shall authorize the
use''.
(b) Briefing Requirement.--Not later than March 1, 2024,
the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and House of Representatives on the
revision of the Financial Management Regulation to authorize
individuals under subparagraph (A) of section 406(c)(1) of
title 39, United States Code, as amended by subsection (a),
to utilize the authority provided under such subparagraph. If
there is a determination that this authority is not feasible
[[Page S3960]]
for a legal or financial reason, the Secretary shall include
the background for those determinations in the briefing.
SEC. 1047. REMOVAL OF TIME LIMITATIONS OF TEMPORARY
PROTECTION AND AUTHORIZATION OF REIMBURSEMENT
FOR SECURITY SERVICES AND EQUIPMENT FOR FORMER
OR RETIRED DEPARTMENT OF DEFENSE PERSONNEL.
(a) Removal of Time Limitations.--Section 714(b) of title
10, United States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7);
(2) in paragraph (5)--
(A) by redesignating subparagraph (C) as paragraph (6) and
moving such paragraph, as so redesignated, two ems to the
left; and
(B) by striking ``Duration of protection.--'' and all that
follows through the period at the end of subparagraph (B) and
inserting ``Duration of protection.--The Secretary of Defense
shall require periodic reviews, not less than once every six
months, of the duration of protection provided to individuals
under this subsection.'';
(3) in subparagraph (A) of paragraph (7), as redesignated
by paragraph (1) of this subsection, by striking ``and of
each determination under paragraph (5)(B) to extend such
protection and security''.
(b) Authorization of Reimbursement or Acquisition of
Security Services.--Section 714 of title 10, United States
Code, is further amended by adding at the end the following
new subsection:
``(e) Reimbursement.--The Secretary of Defense may
reimburse a former or retired official who faces serious and
credible threats arising from duties performed while employed
by the Department for security services and equipment
procured at the personal expense of the official, not to
exceed an aggregate of $15,000,000 in any fiscal year for all
former and retired officials authorized by the Secretary of
Defense for such reimbursement.''.
SEC. 1048. ANNUAL DEFENSE POW/MIA ACCOUNTING AGENCY (DPAA)
CAPABILITIES REQUIRED TO EXPAND ACCOUNTING FOR
PERSONS MISSING FROM DESIGNATED PAST CONFLICTS.
(a) In General.--Not later than March 1, 2024, and annually
thereafter, the Defense POW/MIA Accounting Agency (DPAA)
shall post on a publicly available internet website a list of
capabilities required to expand accounting for persons
missing from designated past conflicts and provide a briefing
to Congress on those capabilities.
(b) Authority to Enter Into Agreements.--The Defense POW/
MIA Accounting Agency may enter into agreements with
universities or research organizations to provide additional
capabilities for specialized missions or research
requirements.
SEC. 1049. ACCESS TO COMMISSARY AND EXCHANGE PRIVILEGES FOR
REMARRIED SPOUSES.
(a) Benefits.--Section 1062 of title 10, United States
Code, is amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(a) Certain Unremarried Former Spouses.--The Secretary of
Defense'';
(2) by striking ``commissary and exchange privileges'' and
inserting ``use commissary stores and MWR retail
facilities'';
(3) by adding at the end the following new subsection:
``(b) Certain Remarried Surviving Spouses.--The Secretary
of Defense shall prescribe such regulations as may be
necessary to provide that a surviving spouse of a deceased
member of the armed forces, regardless of the marital status
of the surviving spouse, is entitled to use commissary stores
and MWR retail facilities to the same extent and on the same
basis as an unremarried surviving spouse of a member of the
uniformed services.''; and
(4) by adding at the end the following new subsection:
``(c) MWR Retail Facilities Defined.--In this section, the
term `MWR retail facilities' has the meaning given that term
in section 1063(e) of this title.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 1062 of title
10, United States Code, is amended to read as follows:
``Sec. 1062. Certain former spouses and surviving spouses''.
(2) Table of sections.--The table of sections at the
beginning of chapter 54 of title 10, United States Code, is
amended by striking the item relating to section 1062 and
inserting the following new item:
``1062. Certain former spouses and surviving spouses.''.
(c) Regulations.--The Secretary of Defense shall publish
the regulations required under section 1062(b) of title 10,
United States Code, as added by subsection (a)(3), by not
later than October 1, 2025.
Subtitle F--Studies and Reports
SEC. 1051. ANNUAL REPORT AND BRIEFING ON IMPLEMENTATION OF
FORCE DESIGN 2030.
(a) In General.--Not later than March 31, 2024, and
annually thereafter through March 31, 2030, the Commandant of
the Marine Corps shall submit to the congressional defense
committees a report detailing the programmatic choices made
to implement Force Design 2030, including both new
developmental and fielded capabilities, as well as
capabilities and capacity divested to accelerate
implementation of Force Design 2030.
(b) Briefing Requirement.--Not later than September 30,
2024, and annually thereafter through September 30, 2030, the
Commandant of the Marine Corps shall provide a briefing on
the elements described under subsection (c).
(c) Elements.--The report required under subsection (a) and
briefing required under subsection (b) shall include the
following elements:
(1) An assessment of changes in the National Defense
Strategy, Defense Planning Guidance, Joint Warfighting
Concept (and associated Concept Required Capabilities), and
other planning processes that informed Force Design 2030.
(2) An inventory and assessment of Force Design-related
exercises and experimentation beginning in fiscal year 2020,
including which capabilities were involved and the extent to
which such exercises and experiments validated or militated
against proposed capability investments.
(3) An inventory of divestments of capability or capacity,
whether force structure or equipment, starting in fiscal year
2020, including--
(A) a timeline of the progress of each divestment;
(B) the type of force structure or equipment divested or
reduced;
(C) the percentage of force structure or equipment divested
or reduced, including any equipment entered into inventory
management or another form of storage;
(D) the rationale and context behind such divestment;
(E) an identification of whether such divestment affects
the Marine Corps' ability to meet the requirements of Global
Force Management process and the operational plans, including
an explanation of how the Marine Corps plans to mitigate the
loss of such capability or capacity if the divestment affects
the Marine Corps' ability to meet the requirements of the
Global Force Management process and the operational plans,
including through new investments, additional joint planning
and training, or other methods; and
(F) an assessment of the Marine Corps' recruitment and
retention actual and projected percentages starting in fiscal
year 2020.
(4) An inventory of extant or planned investments as a part
of Force Design 2030, disaggregated by integrated air and
missile defense, littoral mobility and maneuver, sea denial,
and reconnaissance and counter-reconnaissance forces,
including--
(A) capability name;
(B) capability purpose and context;
(C) capability being replaced (or not applicable);
(D) date of initial operational capability;
(E) date of full operational capability;
(F) deliveries of units by year; and
(G) approved acquisition objective or similar inventory
objective.
(5) A description of the amphibious warfare ship and
maritime mobility requirements the Marine Corps submitted to
the Department of the Navy in support of the Marine Corps
organization and concepts under Force Design 2030 and its
statutory requirements, including a detailed statement of the
planning assumptions about readiness of amphibious warfare
ships and maritime mobility platforms that were used in
developing the requirements.
(6) An assessment of how the capability investments
described in paragraph (4) contribute to joint force efficacy
in new ways, including through support of other military
services.
(7) An assessment of the ability of the Marine Corps to
generate required force elements for the Immediate Ready
Force and the Contingency Ready Force over the previous two
fiscal years and the expected ability to generate forces for
the next two fiscal years.
(8) An assessment of Marine Corps force structure and the
readiness of Marine Expeditionary Units compared to
availability of amphibious ships comprising an Amphibious
Ready Group over the previous two fiscal years and the
expected availability for the next two fiscal years.
(9) An assessment by the Marine Corps of its compliance
with the statutory organization prescribed in section 8063 of
title 10, United States Code, that ``[t]he Marine Corps,
within the Department of the Navy, shall be so organized as
to include not less than three combat divisions and three air
wings, and such other land combat, aviation, and other
services as may be organic therein''.
(10) An assessment by the Marine Corps of its compliance
with the statutory functions prescribed in section 8063 of
title 10, United States Code, that ``[t]he Marine Corps shall
be organized, trained, and equipped to provide fleet marine
forces of combined arms, together with supporting air
components, for service with the fleet in the seizure or
defense of advanced naval bases and for the conduct of such
land operations as may be essential to the prosecution of a
naval campaign''.
SEC. 1052. PLAN FOR CONVERSION OF JOINT TASK FORCE NORTH INTO
JOINT INTERAGENCY TASK FORCE NORTH.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the head of any relevant Federal department
or agency and acting through the Under Secretary of Defense
for Policy, shall submit to the congressional defense
committees a plan for converting the Joint Task Force North
of the United States Northern Command into a joint
interagency task force
[[Page S3961]]
to be known as the ``Joint Interagency Task Force North''.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) A description of the mission of the Joint Interagency
Task Force North.
(2) A detailed description of the resources of the
Department of Defense, including personnel, facilities, and
operating costs, necessary to convert the Joint Task Force
North into a joint interagency task force.
(3) An identification of--
(A) each relevant department and agency of the United
States Government the participation in the Joint Interagency
Task Force North of which is necessary in order to enable the
Joint Interagency Task Force North to effectively carry out
its mission; and
(B) the interagency arrangements necessary to ensure
effective participation by each such department and agency.
(4) An identification of each international liaison
necessary for the Joint Interagency Task Force North to
effectively carry out its mission.
(5) A description of the bilateral and multilateral
agreements with foreign partners and regional and
international organizations that would support the
implementation of the mission of the Joint Interagency Task
Force North.
(6) A description of the relationship between the Joint
Interagency Task Force North and the Joint Interagency Task
Force South of the United States Southern Command.
(7) A description of the relationship between the Joint
Interagency Task Force North and the relevant security forces
of the Government of Mexico and the Government of the
Bahamas.
(8) A recommendation on whether the Joint Interagency Task
Force North should be an enduring entity and a discussion of
the circumstances under which the mission of the Joint
Interagency Task Force North would transition to one or more
entities within the United States Government other than the
United States Northern Command.
(9) Any recommendations for additional legal authority
needed for the Joint Interagency Task Force North to
effectively carry out its mission.
(c) Form.--The plan required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(d) Interim Briefing.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall
provide a briefing to the congressional defense committees on
progress made in developing the plan required by subsection
(a).
SEC. 1053. REPORT ON USE OF TACTICAL FIGHTER AIRCRAFT AND
BOMBER AIRCRAFT FOR DEPLOYMENTS AND HOMELAND
DEFENSE MISSIONS.
(a) In General.--Not later than May 1, 2024, the Secretary
of Defense shall submit to the congressional defense
committees a report including the results of a study on the
use of tactical fighter aircraft and bomber aircraft for
deployments and homeland defense missions.
(b) Scope.--The study conducted pursuant to subsection (a)
shall--
(1) review both deployment and exercise requirements for
tactical fighter aircraft and bomber aircraft levied by each
geographic combatant command;
(2) assess deployable forces currently available to fulfill
each of those requirements, and whether those forces are
adequate to meet the global requirements;
(3) review any relevant tactical fighter forces or bomber
forces that are not considered deployable or available to
meet combatant command requirements, and consider whether
that status can or should change;
(4) assess whether adequate consideration has been put into
fighter coverage of the homeland during these deployments, in
particular within the Alaska Area of Responsibility and the
Hawaii Area of Responsibility; and
(5) assess Air Force and Navy active duty, Air National
Guard, and reserve land-based tactical fighter units that
could be considered for inclusion into homeland defense
mission requirements.
SEC. 1054. MODIFICATIONS OF REPORTING REQUIREMENTS.
(a) Consolidated Budget Quarterly Report on Use of Funds.--
Section 381(b) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Quarterly
Report'' and inserting ``Semiannual Report'';
(2) by striking ``calendar quarter'' and inserting
``calendar half''; and
(3) by striking ``such calendar quarter'' and inserting
``such calendar half''.
(b) Monthly Counterterrorism Operations Briefing.--
(1) In general.--Section 485 of title 10, United States
Code, is amended--
(A) in the section heading, by striking ``Monthly'' and
inserting ``Quarterly''; and
(B) in subsection (a), by striking ``monthly'' and
inserting ``quarterly''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 485 and inserting the following
new item:
``485. Quarterly counterterrorism operations briefings.''.
(c) National Security Strategy for the National Technology
and Industrial Base.--Section 4811(a) of title 10, United
States Code, is amended by striking ``The Secretary shall
submit such strategy to Congress not later than 180 days
after the date of submission of the national security
strategy report required under section 108 of the National
Security Act of 1947 (50 U.S.C. 3043).'' and inserting ``The
Secretary shall submit such strategy to Congress as an
integrated part of the report submitted under section 4814 of
this title.''.
(d) National Technology and Industrial Base Report and
Quarterly Briefing.--
(1) In general.--Section 4814 of title 10, United States
Code, is amended--
(A) by amending the section heading to read as follows:
``Sec. 4814. National Technology and Industrial Base:
biennial report'';
(B) by striking ``(a) Annual Report.--'';
(C) by striking ``March 1 of each year'' and inserting
``March 1 of each odd-numbered year''; and
(D) by striking subsection (b).
(2) Clerical amendment.--The table of sections at the
beginning of chapter 382 of such title is amended by striking
the item relating to section 4814 and inserting the
following:
``4814. National Technology and Industrial Base: biennial report.''.
(3) Conforming amendment.--Section 858(b)(2) of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263) is amended by striking subparagraph
(A).
(e) Annual Military Cyberspace Operations Report.--Section
1644 of the National Defense Authorization Act for Fiscal
Year 2020 (10 U.S.C. 394 note; Public Law 116-92) is
amended--
(1) in subsection (a) in the matter preceding paragraph (1)
in the first sentence--
(A) by inserting ``effects'' after ``all named military
cyberspace''; and
(B) by striking ``, operations, cyber effects enabling
operations, and cyber operations conducted as defensive
operations'' and inserting ``conducted for either offensive
or defensive purposes''; and
(2) in subsection (c), by inserting ``or cyber effects
operations for which Congress has otherwise been provided
notice'' before the period.
(f) Independent Studies Regarding Potential Cost Savings
With Respect to the Nuclear Security Enterprise and Force
Structure.--Section 1753 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92,
133 Stat. 1852) is hereby repealed.
(g) Extension and Modification of Authority to Provide
Assistance to the Vetted Syrian Opposition.--Section 1231(d)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) is amended--
(1) in the subsection heading, by striking ``Quarterly''
and inserting ``Semiannual''; and
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``quarterly'' and inserting ``semiannual''; and
(B) in subparagraph (A), by striking ``90-day'' and
inserting ``180-day''.
(h) Extension of Authority to Provide Assistance to Counter
the Islamic State of Iraq and Syria.--Section 1233(e) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232) is amended--
(1) in the heading, by striking ``Quarterly'' and inserting
``Semiannual''; and
(2) in paragraph (1) in the second sentence of the matter
preceding subparagraph (A), by striking ``quarterly'' and
inserting ``semiannual''.
(i) Theft, Loss, or Release of Biological Select Agents or
Toxins Involving Department of Defense.--Section 1067(a) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 50 U.S.C. 1528(a)) is amended to read as
follows:
``(a) Notification.--(1) Subject to paragraph (2), not
later than 45 days after a covered report of any theft, loss,
or release of a biological select agent or toxin involving
the Department of Defense is filed with the Centers for
Disease Control and Prevention or the Animal and Plant Health
Inspection Service, the Secretary of Defense, acting through
the Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs, shall provide to the
congressional defense committees notice of such theft, loss,
or release.
``(2) The Secretary shall provide to the congressional
defense committees notice of a release under paragraph (1)
only if the Secretary, acting through the Assistant
Secretary, determines that the release is outside the
barriers of secondary containment into the ambient air or
environment or is causing occupational exposure that presents
a threat to public safety.
``(3) In this subsection, the term `covered report' means a
report filed under any of the following (or any successor
regulations):
``(A) Section 331.19 of title 7, Code of Federal
Regulations.
``(B) Section 121.19 of title 9, Code of Federal
Regulations.
``(C) Section 73.19 of title 42, Code of Federal
Regulations.''.
(j) Department of Defense Security Cooperation Workforce
Development.--Section 1250(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2529) is amended--
(1) in paragraph (1), by striking ``each year'' and
inserting ``every other year''; and
(2) in paragraph (2) in the matter preceding subparagraph
(A), by striking ``for the fiscal year'' and inserting ``for
the fiscal years''.
[[Page S3962]]
(k) Audit of Department of Defense Financial Statements.--
Section 240a of title 10, United States Code, is amended--
(1) by striking ``(a) Annual Audit Required.--''; and
(2) by striking subsection (b).
(l) Financial Improvement and Audit Remediation Plan.--
Section 240b(b) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``June 30, 2019, and
annually thereafter'' and inserting ``July 31 each year'';
(B) in subparagraph (B)--
(i) by striking clauses (vii) through (x); and
(ii) by redesignating clauses (xi), (xii), and (xiii) as
clauses (vii), (viii), and (ix), respectively; and
(C) by striking subparagraph (C); and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``June 30'' and inserting ``July 31''; and
(ii) by striking the second sentence; and
(B) in subparagraph (b)--
(i) by striking ``June 30'' and inserting ``July 31''; and
(ii) by striking the second sentence.
(m) Annual Reports on Funding.--Section 1009(c) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 240b note) is amended by
striking ``five days'' and inserting ``10 days''.
SEC. 1055. REPORT ON EQUIPPING CERTAIN GROUND COMBAT UNITS
WITH SMALL UNMANNED AERIAL SYSTEMS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretaries of the military
departments, submit to the congressional defense committees a
report on equipping platoon-sized ground combat formations
with covered small unmanned aerial systems.
(b) Elements.--The report submitted pursuant to subsection
(a) shall address the following:
(1) The use of covered small unmanned aerial systems in the
Ukraine conflict and best practices learned.
(2) The potential use of covered small unmanned aerial
systems to augment small unit tactics and lethality in the
ground combat forces.
(3) Procurement challenges, legal restrictions, training
shortfalls, operational limitations, or other impediments to
fielding covered small unmanned aerial systems at the platoon
level.
(4) A plan to equip platoon-sized ground combat formations
in the close combat force with covered small unmanned aerial
systems at a basis of issue deemed appropriate by the
relevant secretary, including a proposed timeline and
fielding strategy.
(5) A plan to equip such other ground combat units with
covered small unmanned aerial systems as deemed appropriate
by the relevant secretaries.
(6) An assessment of appropriate mission allocation between
Group 3 unmanned aerial systems, Group 1 unmanned aerial
systems, and covered small unmanned aerial systems.
(c) Definition of Covered Small Unmanned Aerial System.--In
this section, the term ``covered small unmanned aerial
system'' means a lightweight, low-cost, and commercially
available unmanned aerial system or drone able to be quickly
deployed for--
(1) intelligence, surveillance, target acquisition, and
reconnaissance;
(2) conducting offensive strikes; or
(3) other functions as deemed appropriate by the relevant
secretaries.
SEC. 1056. COMPREHENSIVE ASSESSMENT OF MARINE CORPS FORCE
DESIGN 2030.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
enter into a contract with a Federally Funded Research and
Development Center to conduct an independent review,
assessment, and analysis of the Marine Corps modernization
initiatives. The required report shall be submitted to the
congressional defense committees in written report form not
later than one year after entering into the contract.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An assessment of changes in the National Defense
Strategy, Defense Planning Guidance, the Joint Warfighting
Concept, and other strategic documents and concepts that
informed Force Design modernization requirements.
(2) An assessment of how the Marine Corps, consistent with
authorized end strength, can be structured, organized,
trained, equipped, and postured to meet the challenges of
future competition, crisis, and conflict to include
discussion of multiple structural options as relevant and the
tradeoffs between different options.
(3) An assessment of the ability of the defense innovation
base and defense industrial base to develop and produce the
technologies required to implement the Marine Corps'
published Force Design modernization plan on a timeline and
at production rates sufficient to sustain military
operations.
(4) An assessment of forward infrastructure and the extent
to which installations are operationalized to deter, compete,
and prevail during conflict in support of the Marine Corps
modernization.
(5) An assessment of whether the Marine Corps is in
compliance with the statutory organization and functions
prescribed in section 8063 of title 10, United States Code.
(6) An assessment of the current retention and recruiting
environment and the ability of the Marine Corps to sustain
manpower requirements necessary for operational requirements
levied by title 10, in light of the published Force Design
plan.
(7) The extent to which the modernization initiatives
within the Marine Corps are nested within applicable joint
warfighting concepts.
(8) An assessment of whether the Marine Corps'
modernization is consistent with the strategy of integrated
deterrence.
(9) An assessment of the ability of the Marine Corps to
generate required force elements for the Immediate Ready
Force and the Contingency Ready Force, based on current and
planned end strength and structure.
(10) The extent to which the Marine Corps' published plan
for modernized capabilities can be integrated across the
Joint Force, to include warfighting concepts at the combatant
command level.
(11) The extent to which the Marine Corps' modernization
efforts currently meet the requirements of combatant
commanders' current plans and global force management
operations, to include a description of what mechanisms exist
to ensure geographic combatant requirements inform Marine
Corps modernization efforts.
(12) The extent to which modeling and simulation,
experimentation, wargaming, and other analytic methods
support the changes incorporated into the Marine Corps'
modernization initiatives, to include underlying assumptions
and outcomes of such analyses.
(13) An inventory of extant or planned investments as part
of the Marine Corps' modernization efforts, disaggregated by
the following capability areas and including actual or
projected dates of Initial Operational Capability and Full
Operational Capability:
(A) Command and Control.
(B) Information.
(C) Intelligence.
(D) Fires.
(E) Movement and Maneuver.
(F) Protection.
(G) Sustainment.
(14) An inventory of divestments of capability or capacity,
whether force structure or equipment, starting in fiscal year
2020, including--
(A) a timeline of the progress of each divestment;
(B) the type of force structure or equipment divested or
reduced;
(C) the percentage of force structure of equipment divested
or reduced, including any equipment entered into inventory
management or other form of storage;
(D) the rationale and context behind such divestment; and
(E) an identification of whether such divestment affects
the Marine Corps' ability to meet the requirements of Global
Force Management process and the operational plans.
(15) An assessment of how observations regarding the
invasion and defense of Ukraine affect the feasibility,
advisability, and suitability of the Marine Corps' published
modernization plans.
(c) Classification of Report.--The report required under
subsection (a) shall be submitted in unclassified form, but
may include a classified appendix to the extent required to
ensure that the report is accurate and complete.
SEC. 1057. STRATEGY TO ACHIEVE CRITICAL MINERAL SUPPLY CHAIN
INDEPENDENCE FOR THE DEPARTMENT OF DEFENSE.
(a) Strategy Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
committees of Congress a strategy to develop supply chains
for the Department of Defense that are not dependent on
mining or processing of critical minerals in or by covered
countries, prioritizing production and processing in the
United States, in order to achieve critical mineral supply
chain independence from covered countries for the Department
by 2035.
(2) Elements.--The strategy required by paragraph (1)
shall--
(A) identify and assess significant vulnerabilities in the
supply chains of contractors and subcontractors of the
Department of Defense involving critical minerals that are
mined or processed in or by covered countries;
(B) identify and recommend changes to the acquisition laws,
regulations, and policies of the Department of Defense to
ensure contractors and subcontractors of the Department use
supply chains involving critical minerals that are not mined
or processed in or by covered countries to the greatest
extent practicable, prioritizing production and processing in
the United States;
(C) evaluate the utility and desirability of using
authorities provided by the Defense Production Act of 1950
(50 U.S.C. 4501 et seq.) to expand supply chains and
processing capacity for critical minerals in the United
States;
(D) evaluate the utility and desirability of expanding
authorities provided by the Defense Production Act of 1950 to
be used to expand supply chains and processing capacity for
critical minerals by countries that are allies or partners of
the United States;
(E) evaluate the utility and desirability of leveraging the
process for acquiring shortfall materials for the National
Defense Stockpile
[[Page S3963]]
under the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98 et seq.) to expand supply chains and processing
capacity for critical minerals in the United States and in
countries that are allies or partners of the United States;
(F) identify areas of potential engagement and partnership
with the governments of countries that are allies or partners
of the United States to jointly reduce dependence on critical
minerals mined or processed in or by covered countries;
(G) identify and recommend other policy changes that may be
needed to achieve critical mineral supply chain independence
from covered countries for the Department;
(H) identify and recommend measures to streamline
authorities and policies with respect to critical minerals
and supply chains for critical minerals; and
(I) prioritize the recommendations made in the strategy to
achieve critical mineral supply chain independence from
covered countries for the Department, prioritizing production
and processing in the United States, and taking into
consideration economic costs and varying degrees of
vulnerability posed to the national security of the United
States by reliance on different types of critical minerals.
(3) Form of strategy.--The strategy required by paragraph
(1) shall be submitted in classified form but shall include
an unclassified summary.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Covered country.--The term ``covered country'' means--
(A) a covered nation, as defined in section 4872, title 10,
United States Code; and
(B) any other country determined by the Secretary of
Defense to be a geostrategic competitor or adversary of the
United States for purposes of this Act.
(3) Critical mineral.--The term ``critical mineral'' means
a critical mineral (as defined in section 7002(a) of the
Energy Act of 2020 (30 U.S.C. 1606(a))) that the Secretary of
Defense determines to be important to the national security
of the United States for purposes of this Act.
(4) Shortfall material.--The term ``shortfall material''
means materials determined to be in shortfall in the most
recent report on stockpile requirements submitted to Congress
under subsection (a) of section 14 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-5) and
included in the most recent briefing required by subsection
(f) of that section.
SEC. 1058. QUARTERLY BRIEFING ON HOMELAND DEFENSE PLANNING.
(a) In General.--Not later than February 1, 2024, and every
90 days thereafter through February 1, 2026, the Secretary of
Defense shall provide a briefing to the congressional defense
committees on efforts to bolster homeland defense, which is
the top priority under the 2022 National Defense Strategy.
(b) Contents.--Each briefing required by subsection (a)
shall include the following:
(1) A summary of any update made to the homeland defense
planning guidance of the Department of Defense during the
preceding quarter.
(2) An update on the latest threats to the homeland posed
by the Government of the People's Republic of China, the
Government of the Russian Federation, the Government of the
Democratic People's Republic of Korea, the Government of
Iran, and any other adversary.
(3) A description of actions taken by the Department during
the preceding quarter to mitigate such threats.
(4) An assessment of threats to the homeland in the event
of a conflict with any adversary referred to in paragraph
(2).
(5) A description of actions taken by the Department during
the preceding quarter to bolster homeland defense in the
event of such a conflict.
(6) An update on coordination by the Department with
Federal, State, and Tribal agencies to bolster homeland
defense.
(7) Any other matter the Secretary considers relevant.
SEC. 1059. SPECIAL OPERATIONS FORCE STRUCTURE.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) special operations forces have a vital and increasing
role to play in strategic competition in addition to
conducting counterterrorism operations and responding to
crises;
(2) the demand for special operations forces and related
capabilities by combatant commanders continues to exceed
supply;
(3) special operations forces cannot be mass produced
during a crisis;
(4) most special operations require non-special operations
forces support, including engineers, technicians,
intelligence analysts, and logisticians;
(5) reductions to special operations forces, including
critical enablers, would dramatically and negatively impact
available options for combatant commanders to engage in
strategic competition, carry out counterterrorism operations,
and respond to crises; and
(6) the Secretary of Defense should not consider any
reductions to special operations force structure until after
the completion of a comprehensive analysis of special
operations force structure and a determination that any
planned changes would not have a negative impact on the
ability of combatant commanders to support strategic
competition, counter terrorism, and respond to crises.
(b) Report.--Not later than March 1, 2024, the Secretary of
Defense shall submit to the congressional defense committees
a report assessing the optimal force structure for special
operations forces that includes the following elements:
(1) A description of the role of special operations forces
in implementing the most recent national defense strategy
under section 113(g) of title 10, United States Code.
(2) A description of ongoing special operations activities,
as described in section 167(k) of title 10, United States
Code.
(3) An assessment of potential future national security
threats to the United States across the spectrum of
competition and conflict.
(4) A description of ongoing counterterrorism and
contingency operations of the United States.
(5) A detailed accounting of the demand for special
operations forces by geographic combatant command.
(6) A description of the role of emerging technology on
special operations forces.
(7) An assessment of current and projected capabilities of
other United States Armed Forces that could affect force
structure capability and capacity requirements of special
operations forces.
(8) An assessment of the size, composition, and
organizational structure of the military services' special
operations command headquarters and subordinate headquarters
elements.
(9) An assessment of the readiness of special operations
forces for assigned missions and future conflicts.
(10) An assessment of the adequacy of special operations
force structure for meeting the goals of the National
Military Strategy under section 153(b) of title 10, United
States Code.
(11) A description of the role of special operations forces
in supporting the Joint Concept for Competing.
(12) Any other matters deemed relevant by the Secretary.
SEC. 1060. BRIEFING ON COMMERCIAL TOOLS EMPLOYED BY THE
DEPARTMENT OF DEFENSE TO ASSESS FOREIGN
OWNERSHIP, CONTROL, OR INFLUENCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
countering industrial espionage.
(b) Elements.--The request required under subsection (a)
shall include the following elements:
(1) A description of commercial and organically developed
tools employed by the Department of Defense to--
(A) assess the risks of foreign malign ownership, control,
or influence within the defense industrial base;
(B) mitigate vulnerability associated with, but no limited
to, the People's Republic of China's, the Russian
Federation's, Iran's, or North Korea's foreign ownership,
control, or influence of any part of the acquisition supply
chain; and
(C) vet program personnel to identify technologies and
program components most at risk for industrial espionage.
(2) A description of specific commercial solutions the
Department is currently leveraging to assess and mitigate
these risks.
SEC. 1061. PLAN ON COUNTERING HUMAN TRAFFICKING.
(a) Plan.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense shall submit
a plan to the congressional defense committees for
coordinating with defense partners in North America and South
America and supporting interagency departments and agencies,
as appropriate, in countering human trafficking operations,
including human trafficking by transnational criminal
organizations.
(b) Elements of Plan.--The plan under subsection (a) shall
include--
(1) a description of the threat to United States security
from human trafficking operations;
(2) a description of the authorities of the Department of
Defense for the purposes specified in subsection (a);
(3) a description of any current or proposed Department of
Defense programs or activities to coordinate with defense
partners or provide support to interagency departments and
agencies as described in subsection (a); and
(4) any recommendations of the Secretary of Defense for
additional authorities for the purposes of countering human
trafficking, including by transnational criminal
organizations.
(c) Briefing.--Not later than 180 days after the submission
of the plan required under subsection (a), the Secretary of
Defense shall brief the congressional defense committees
regarding the authorities, programs, and activities of the
Department of Defense to counter human trafficking
operations.
SEC. 1062. BRIEFING AND REPORT ON USE AND EFFECTIVENESS OF
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
(a) In General.--Not later than April 30, 2024, the
Secretary of Defense shall provide to the Committee on Armed
Services of the
[[Page S3964]]
Senate and the Committee on Armed Services of the House of
Representatives a briefing and report on whether United
States Naval Station, Guantanamo Bay, Cuba, is being used
effectively to defend the national security interests of the
United States.
(b) Elements.--The briefing and report required by
subsection (a) shall--
(1) consider--
(A) the presence and activities in Cuba of the militaries
of foreign governments, such as the Russian Federation and
the People's Republic of China; and
(B) to what extent the presence and activities of those
militaries could compromise the national security of the
United States or of United States allies and partners; and
(2) discuss--
(A) options for dealing with the presence and activities of
those militaries in Cuba; and
(B) how different use by the United States of United States
Naval Station, Guantanamo Bay, might mitigate risk.
SEC. 1063. ENSURING RELIABLE SUPPLY OF CRITICAL MINERALS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China's dominant share of the
global minerals market is a threat to the economic stability,
well being, and competitiveness of key industries in the
United States;
(2) the United States should reduce reliance on the
People's Republic of China for critical minerals through--
(A) strategic investments in development projects,
production technologies, and refining facilities in the
United States; and
(B) in partnership with strategic allies of the United
States that are reliable trading partners, including members
of the Quadrilateral Security Dialogue; and
(3) the United States Trade Representative should initiate
multilateral talks among the countries of the Quadrilateral
Security Dialogue to promote shared investment and
development of critical minerals.
(b) Report Required.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the United States Trade
Representative, in consultation with the officials specified
in paragraph (3), shall submit to the appropriate
congressional committees a report on the work of the Trade
Representative to address the national security threat posed
by the People's Republic of China's control of nearly \2/3\
of the global supply of critical minerals.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a description of the extent of the engagement of the
United States with the other countries of the Quadrilateral
Security Dialogue to promote shared investment and
development of critical minerals during the period beginning
on the date of the enactment of this Act and ending on the
date of the report; and
(B) a description of the plans of the President to leverage
the partnership of the countries of the Quadrilateral
Security Dialogue to produce a more reliable and secure
global supply chain of critical minerals.
(3) Officials specified.--The officials specified in this
paragraph are the following:
(A) The Secretary of Commerce.
(B) The Chief Executive Officer of the United States
International Development Finance Corporation.
(C) The Secretary of Energy.
(D) The Director of the United States Geological Survey.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Finance and the Committee on Energy
and Natural Resources of the Senate; and
(B) the Committee on Ways and Means and the Committee on
Energy and Commerce of the House of Representatives.
Subtitle G--Other Matters
SEC. 1071. MATTERS RELATED TO IRREGULAR WARFARE.
(a) Affirming the Authority of the Secretary of Defense to
Conduct Irregular Warfare.--Congress affirms that the
Secretary of Defense is authorized to conduct irregular
warfare operations, including clandestine irregular warfare
operations, to defend the United States, allies of the United
States, and interests of the United States.
(b) Definition Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall, for the purposes of joint doctrine, define the term
``irregular warfare''.
(c) Rule of Construction.--Nothing in this section shall be
construed to constitute a specific statutory authorization
for any of the following:
(1) The conduct of a covert action, as such term is defined
in section 503(e) of the National Security Act of 1947 (50
U.S.C. 3093(e)).
(2) The introduction of United States Armed Forces, within
the meaning of the War Powers Resolution (Public Law 93-148;
50 U.S.C. 1541 et seq.), into hostilities or into situations
wherein hostilities are clearly indicated by the
circumstances.
SEC. 1072. JOINT CONCEPT FOR COMPETING IMPLEMENTATION
UPDATES.
(a) Implementation Update and Briefings Required.--Not
later than March 1, 2024, and every 180 days thereafter
through March 1, 2026, the Chairman of the Joint Chiefs of
Staff shall provide the congressional defense committees with
a written update with accompanying briefing on the
implementation of the Joint Concept for Competing, released
on February 10, 2023.
(b) Elements.--At a minimum, the written updates and
briefings required by subsection (a) shall include--
(1) a detailed description of the Joint Staff's efforts to
develop integrated competitive strategies to address the
challenges posed by specific adversaries, including those
designed to--
(A) deter aggression;
(B) prepare for armed conflict, if necessary;
(C) counter the competitive strategies of adversaries; and
(D) support the efforts of interagency, allies and foreign
partners, and interorganizational partners;
(2) an identification of relevant updates to joint doctrine
and professional military education;
(3) an update on the Joint Concept for Competing's concept
required capabilities;
(4) an explanation of the integration of the Joint Concept
for Competing with other ongoing and future joint force
development and design efforts;
(5) a description of efforts to operationalize the Joint
Concept for Competing through a structured approach,
including to provide strategic guidance and direction,
identify and optimize Joint Force interdependencies with
interagency and allied partners, and inform and guide joint
force development and design processes;
(6) an articulation of concept-required capabilities that
are necessary for joint force development and design in
support of the Joint Concept for Competing;
(7) a description of efforts to coordinate and synchronize
Department of Defense activities with those of other
interagency and foreign partners for the purpose of
integrated campaigning;
(8) an identification of any recommendations to better
integrate the role of the Joint Force, as identified by the
Joint Concept for Competing, with national security efforts
of other interagency and foreign partners;
(9) an identification of any changes to authorities and
resources necessary to fully implement the Joint Concept for
Competing; and
(10) a description of any other matters deemed relevant by
the Chairman of the Joint Chiefs of Staff.
SEC. 1073. LIMITATION ON CERTAIN FUNDING UNTIL SUBMISSION OF
THE CHAIRMAN'S RISK ASSESSMENT AND BRIEFING
REQUIREMENT.
(a) Office of the Chairman of the Joint Chiefs of Staff.--
Of the amounts authorized to be appropriated by this Act for
fiscal year 2024 for operation and maintenance, Defense-wide,
and available for the Office of the Chairman of the Joint
Chiefs of Staff, not more than 50 percent may be obligated or
expended until the date that is 15 days after the date on
which the following reports are submitted to the Committees
on Armed Services of the Senate and the House of
Representatives:
(1) The 2021 risk assessment mandated by paragraph (2) of
subsection (b) of section 153 of title 10, United States
Code, and required to be delivered pursuant to paragraph (3)
of such subsection by not later than February 15, 2021.
(2) The 2023 risk assessment mandated by paragraph (2) of
subsection (b) of section 153 of title 10, United States
Code, and required to be delivered pursuant to paragraph (3)
of such subsection by not later than February 15, 2023.
(b) Office of the Secretary of Defense.--Of the amounts
authorized to be appropriated by this Act for fiscal year
2024 for operation and maintenance, Defense-wide, and
available for the Office of the Secretary of Defense, not
more than 50 percent may be obligated or expended until the
date that is 15 days after the date on which the Secretary
submits to the Committees on Armed Services of the Senate and
the House of Representatives:
(1) The risk mitigation plan required to be submitted as
part of the assessment described under subsection (a)(1), if
applicable.
(2) The risk mitigation plan required to be submitted as
part of the assessment described under subsection (a)(2), if
applicable.
(c) Briefing Requirement.--Section 153 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(d) Briefing Requirement.--(1) Not later than 15 days
after the submission of the risk assessment required under
subsection (b)(2) or March 1 of each year, whichever is
earlier, the Chairman shall provide to the Committees on
Armed Services of the Senate and the House of Representatives
a briefing on the activities of the Chairman under this
section.
``(2) The briefing shall include--
``(A) a detailed review of the risk assessment required
under paragraph (2) of subsection (b), including how it
addresses the elements required in subparagraph (B) of such
paragraph;
``(B) an analysis of how the risk assessment informs, and
supports, other Joint Staff assessments, including joint
capability development assessments, joint force development
assessments, comprehensive joint readiness assessments, and
global military integration assessments; and
``(C) if the risk assessment is not delivered at the time
of the briefing, a timeline for when the risk assessment will
be submitted to the Committees on Armed Services of the
Senate and the House of Representatives.''.
[[Page S3965]]
SEC. 1074. NOTIFICATION OF SAFETY AND SECURITY CONCERNS AT
CERTAIN DEPARTMENT OF DEFENSE LABORATORIES.
(a) In General.--The Secretary of Defense shall notify the
congressional defense committees within 7 days after ceasing
operations at any Department of Defense laboratory or
facility rated at biosafety level (BSL)-3 or higher for
safety or security reasons.
(b) Content.--The notification required under subsection
(a) shall include--
(1) the reason why operations have ceased at the laboratory
or facility;
(2) whether appropriate notification to other Federal
agencies has occurred;
(3) a description of the actions taken to determine the
root cause of the cessation; and
(4) a description of the actions taken to restore
operations at the laboratory or facility.
SEC. 1075. ASSESSMENT AND RECOMMENDATIONS RELATING TO
INFRASTRUCTURE, CAPACITY, RESOURCES, AND
PERSONNEL IN GUAM.
(a) Assessment.--The Secretary of Defense, in coordination
with the Commander of United States Indo-Pacific Command,
shall assess the capacity of existing infrastructure,
resources, and personnel available in Guam to meet Indo-
Pacific Command strategic objectives.
(b) Elements.--The assessment under subsection (a) shall
include the following elements:
(1) An appraisal of the potential role Guam could play as a
key logistics and operational hub for the United States
military in the Indo-Pacific region.
(2) An assessment of whether current infrastructure,
capacity, resources, and personnel in Guam is sufficient to
meet the expected demands during relevant operations and
contingency scenarios.
(3) An assessment of the adequacy of civilian
infrastructure in Guam for supporting the requirements of
United States Indo-Pacific Command, including the resilience
of such infrastructure in the event of a natural disaster and
the vulnerability of such infrastructure to cyber threats.
(4) Recommendations to improve current infrastructure,
capacity, resources, and personnel in Guam, to include the
need for recruiting and retention programs, such as cost-of-
living adjustments, initiatives for dealing with any
shortages of civilian employees, and programs to improve
quality-of-life for personnel assigned to Guam.
(5) An assessment of the implementation of Joint Task Force
Micronesia, including the Commander's assessment of
requirements for funding, resources, and personnel as
compared to what has been programmed in the fiscal year 2024
Future Years Defense Program.
(6) Timeline and estimated costs by location and project to
support both existing and future roles in the region.
(7) Any other matters determined relevant by the Secretary.
(c) Report.--Not later than March 1, 2024, the Secretary of
Defense shall submit to the congressional defense committees
a report including the results of the assessment required
under subsection (a).
SEC. 1076. PROGRAM AND PROCESSES RELATING TO FOREIGN
ACQUISITION.
(a) Pilot Program for Combatant Command Use of Defense
Acquisition Workforce Development Account.--Each geographic
combatant command may use amounts from the Defense
Acquisition Workforce Development Account established under
section 1705 of title 10, United States Code, to hire not
more than two acquisition specialists or contracting officers
to advise the combatant command on foreign arms transfer
processes, including the foreign military sales and direct
commercial sales processes, for the purpose of facilitating
the effective implementation of such processes.
(b) Industry Day.--
(1) In general.--Not later than March 1, 2024, and not less
frequently than annually thereafter, the Secretary of Defense
shall conduct an industry day--
(A) to raise awareness and understanding among officials of
foreign governments, embassy personnel, and industry
representatives with respect to the role of the Department of
Defense in implementing the foreign military sales and direct
commercial sales processes; and
(B) to raise awareness--
(i) within the United States private sector with respect
to--
(I) foreign demand for United States weapon systems; and
(II) potential foreign industry partnering opportunities;
and
(ii) among officials of foreign governments and embassy
personal with respect to potential United States material
solutions for capability needs.
(2) Format.--In conducting each industry day under
paragraph (1), the Secretary of Defense, to the extent
practicable, shall seek to maximize participation by
representatives of the commercial defense industry and
government officials while minimizing cost, by--
(A) convening the industry day at the unclassified security
level;
(B) making the industry day publicly accessible through
teleconference or other virtual means; and
(C) disseminating any supporting materials by posting the
materials on a publicly accessible internet website.
(c) Senior-level Industry Advisory Group.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with representatives of the commercial defense
industry, shall establish a senior-level industry advisory
group, modeled on the Defense Trade Advisory Group of the
Department of State and the Industry Trade Advisory
Committees of the Department of Commerce, for the purpose of
focusing on the role of the Department of Defense in the
foreign military sales process.
(2) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
a briefing to the Committees on Armed Services of the Senate
and the House of Representatives on plans to establish the
group described in paragraph (1).
(d) Department of Defense Points of Contact for Foreign
Military Sales.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Secretary of each
military department shall each establish a single point of
contact--
(A) to coordinate information and outreach on Department of
Defense implementation of the foreign military sales process;
and
(B) to respond to inquiries from representatives of the
commercial defense industry and partner countries.
(2) Points of contact.--The Under Secretary of Defense for
Acquisition and Sustainment and the Secretary of each
military department shall each ensure that the contact
information for the corresponding point of contact
established under paragraph (1) is--
(A) publicized at each industry day conducted under
subsection (b); and
(B) disseminated among the members of the advisory group
established under subsection (f).
(e) Combatant Command Needs for Exportability.--Not later
than July 1 each year until 2030, the commander of each
geographic combatant command shall provide to the Under
Secretary of Defense for Acquisition and Sustainment a list
of systems relating to research and development or
sustainment that would benefit from investment for
exportability features in support of the security cooperation
objectives of the commander.
(f) Sunset.--This section shall cease to have effect on
December 31, 2028.
SEC. 1077. TECHNICAL AND CONFORMING AMENDMENTS RELATED TO THE
SPACE FORCE.
(a) Appointment of Chairman; Grade and Rank.--Section
152(c) of title 10, United States Code, is amended by
striking ``or, in the case of an officer of the Space Force,
the equivalent grade,''.
(b) Joint Requirements Oversight Council.--Section
181(c)(1)(F) of such title is amended by striking ``in the
grade equivalent to the grade of general in the Army, Air
Force, or Marine Corps, or admiral in the Navy'' and
inserting ``in the grade of general''.
(c) Original Appointments of Commissioned Officers.--
Section 531(a) of such title is amended--
(1) in paragraph (1), by striking ``and Regular Marine
Corps in the grades of ensign, lieutenant (junior grade), and
lieutenant in the Regular Navy, and in the equivalent grades
in the Regular Space Force'' and inserting ``Regular Marine
Corps, and Regular Space Force, and in the grades of ensign,
lieutenant (junior grade), and lieutenant in the Regular
Navy''; and
(2) in paragraph (2), by striking ``and Regular Marine
Corps in the grades of lieutenant commander, commander, and
captain in the Regular Navy, and in the equivalent grades in
the Regular Space Force'' and inserting ``Regular Marine
Corps, and Regular Space Force, and in the grades of
lieutenant commander, commander, and captain in the Regular
Navy''.
(d) Service Credit Upon Original Appointment as a
Commissioned Officer.--Section 533(b)(2) of such title is
amended--
(1) by striking ``, or Marine Corps, captain in the Navy,
or an equivalent grade in the Space Force'' and inserting
``Marine Corps, or Space Force or captain in the Navy''.
(e) Positions of Importance and Responsibility.--Section
601(e) of such title is amended--
(1) by striking ``or Marine Corps'' and inserting ``Marine
Corps, or Space Force, or''; and
(2) by striking ``or the commensurate grades in the Space
Force,''.
(f) Convening of Selection Boards.--Section 611(a) of such
title is amended by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(g) Information Furnished to Selection Boards.--Section
615(a)(3) of such title is amended--
(1) in subparagraph (B)(i), by striking ``, in the case of
the Navy, lieutenant, or in the case of the Space Force, the
equivalent grade'' and inserting ``or, in the case of the
Navy, lieutenant''; and
(2) in subparagraph (D), by striking ``in the case of the
Navy, rear admiral, or, in the case of the Space Force, the
equivalent grade'' and inserting ``or, in the case of the
Navy, rear admiral''.
(h) Special Selection Review Boards.--Section 628a(a)(1)(A)
of such title is amended by striking ``, rear admiral in the
Navy, or an equivalent grade in the Space Force'' and
inserting ``or rear admiral in the Navy''.
[[Page S3966]]
(i) Rank: Commissioned Officers of the Armed Forces.--
Section 741(a) of such title is amended in the table by
striking ``and Marine Corps'' and inserting ``Marine Corps,
and Space Force''.
(j) Regular Commissioned Officers.--Section 1370 of such
title is amended--
(1) in subsection (a)(2), by striking ``rear admiral in the
Navy, or the equivalent grade in the Space Force'' both
places it appears and inserting ``or rear admiral in the
Navy'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``or Marine Corps, lieutenant in the Navy, or the equivalent
grade in the Space Force'' and inserting ``Marine Corps, or
Space Force, or lieutenant in the Navy''; and
(ii) in subparagraph (B), by striking ``or Marine Corps,
rear admiral in the Navy, or an equivalent grade in the Space
Force'' and inserting ``Marine Corps, or Space Force, or rear
admiral in the Navy'';
(B) in paragraph (4), by striking ``or Marine Corps,
captain in the Navy, or the equivalent grade in the Space
Force'' and inserting ``Marine Corps, or Space Force, or
captain in the Navy'';
(C) in paragraph (5)--
(i) in subparagraph (A), by striking ``or Marine Corps,
lieutenant commander in the Navy, or the equivalent grade in
the Space Force'' and inserting ``Marine Corps, or Space
Force, or lieutenant commander in the Navy'';
(ii) in subparagraph (B), by striking ``or Marine Corps,
commander or captain in the Navy, or an equivalent grade in
the Space Force'' and inserting ``Marine Corps, or Space
Force, or commander or captain in the Navy''; and
(iii) in subparagraph (C), by striking ``or Marine Corps,
rear admiral (lower half) or rear admiral in the Navy'' and
inserting ``Marine Corps, or Space Corps, or rear admiral
(lower half) or rear admiral in the Navy''; and
(D) in paragraph (6), by striking ``, or an equivalent
grade in the Space Force,'';
(3) in subsection (c)(1), by striking ``or Marine Corps,
vice admiral or admiral in the Navy, or an equivalent grade
in the Space Force'' and inserting ``Marine Corps, or Space
Force, or vice admiral or admiral in the Navy'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``or Marine Corps, rear
admiral in the Navy, or an equivalent grade in the Space
Force'' and inserting ``Marine Corps, or Space Force, or rear
admiral in the Navy''; and
(B) in paragraph (3), by striking ``or Marine Corps,
captain in the Navy, or the equivalent grade in the Space
Force'' and inserting ``Marine Corps, or Space Force, or
captain in the Navy'';
(5) in subsection (e)(2), by striking ``or Marine Corps,
vice admiral or admiral in the Navy, or an equivalent grade
in the Space Force'' and inserting ``Marine Corps, or Space
Force, or vice admiral or admiral in the Navy'';
(6) in subsection (f)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``or Marine Corps,
rear admiral in the Navy, or the equivalent grade in the
Space Force'' and inserting ``Marine Corps, or Space Force,
or rear admiral in the Navy''; and
(ii) in subparagraph (B), by striking ``or Marine Corps,
vice admiral or admiral in the Navy, or an equivalent grade
in the Space Force'' and inserting ``Marine Corps, or Space
Force, or vice admiral or admiral in the Navy''; and
(B) in paragraph (6)--
(i) in subparagraph (A), by striking ``or Marine Corps,
rear admiral in the Navy, or the equivalent grade in the
Space Force'' and inserting ``, Marine Corps, or Space Force,
or rear admiral in the Navy''; and
(ii) in subparagraph (B), by striking ``or Marine Corps,
vice admiral or admiral in the Navy, or an equivalent grade
in the Space Force'' and inserting ``Marine Corps, or Space
Force, or vice admiral or admiral in the Navy''; and
(7) in subsection (g), by striking ``or Marine Corps, rear
admiral in the Navy, or an equivalent grade in the Space
Force'' and inserting ``Marine Corps, or Space Force, or rear
admiral in the Navy''.
(k) Officers Entitled to Retired Pay for Non-regular
Service.--Section 1370a of such title is amended--
(1) in subsection (d)(1), by striking ``or Marine Corps''
both places it appears and inserting ``Marine Corps, or Space
Force''; and
(2) in subsection (h), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(l) Retired Base Pay.--Section 1406(i)(3)(B)(v) of such
title is amended by striking ``The senior enlisted advisor of
the Space Force'' and inserting ``Chief Master Sergeant of
the Space Force''.
(m) Financial Assistance Program for Specially Selected
Members.--Section 2107 of such title is amended--
(1) in subsection (a)--
(A) by striking ``, as a'' and inserting ``or as a''; and
(B) by striking ``or Marine Corps, or as an officer in the
equivalent grade in the Space Force'' and inserting ``Marine
Corps, or Space Force''; and
(2) in subsection (d), by striking ``lieutenant, ensign, or
an equivalent grade in the Space Force,'' and inserting
``lieutenant or ensign,''.
(n) Designation of Space Systems Command as a Field Command
of the United States Space Force.--Section
9016(b)(6)(B)(iv)(II) of title 10, United States Code, is
amended by striking ``Space and Missile Systems Center'' and
inserting ``Space Systems Command''.
(o) Chief of Space Operations.--Section 9082 of such title
is amended--
(1) in subsection (a), by striking ``, flag, or
equivalent'' both places it appears; and
(2) in subsection (b), by striking ``grade in the Space
Force equivalent to the grade of general in the Army, Air
Force, and Marine Corps, or admiral in the Navy'' and
inserting ``grade of general''.
(p) Distinguished Flying Cross.--Section 9279(a) of such
title is amended-
(1) by adding ``or Space Force'' after ``Air Force''; and
(2) by adding ``or space'' after ``aerial''.
(q) Airman's Medal.--Section 9280(a)(1) of such title is
amended by adding ``or Space Force'' after ``Air Force''.
(r) Retired Grade of Commissioned Officers.--Section 9341
of such title is amended--
(1) in subsection (a)(2), by striking ``or the Space
Force''; and
(2) in subsection (b), by striking ``or Reserve''.
(s) United States Air Force Institute of Technology:
Administration.--Section 9414b(a)(2)(B) of such title is
amended by striking ``or the equivalent grade in the Space
Force''.
(t) Air Force Academy Permanent Professors; Director of
Admissions.--Section 9436 of such title is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``in the Air Force
or the equivalent grade in the Space Force'';
(B) in the second sentence--
(i) by inserting ``or Regular Space Force'' after ``Regular
Air Force''; and
(ii) by striking ``and a permanent professor appointed from
the Regular Space Force has the grade equivalent to the grade
of colonel in the Regular Air Force''; and
(C) in the third sentence, by striking ``in the Air Force
or the equivalent grade in the Space Force''; and
(2) in subsection (b)--
(A) in the first sentence, by striking ``in the Air Force
or the equivalent grade in the Space Force'' both places it
appears; and
(B) in the second sentence--
(i) by inserting ``or Regular Space Force'' after ``Regular
Air Force''; and
(ii) by striking ``and a permanent professor appointed from
the Regular Space Force has the grade equivalent to the grade
of colonel in the Regular Air Force''.
(u) Cadets: Degree and Commission on Graduation.--Section
9453(b) of such title is amended by striking ``in the
equivalent grade in''.
(v) Basic Pay Rates for Enlisted Members.--Footnote 2 of
the table titled ``ENLISTED MEMBERS'' in section 601(c) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 37 U.S.C. 1009 note) is
amended by striking ``the senior enlisted advisor of the
Space Force'' and inserting ``Chief Master Sergeant of the
Space Force''.
(w) Pay of Senior Enlisted Members.--Section 210(c)(5) of
title 37, United States Code, is amended by striking ``the
senior enlisted advisor of the Space Force'' and inserting
``the Chief Master Sergeant of the Space Force''.
(x) Personal Money Allowance.--Section 414(b) of title 37,
United States Code, is amended by striking ``the senior
enlisted advisor of the Space Force'' and inserting ``the
Chief Master Sergeant of the Space Force''.
SEC. 1078. AUTHORITY TO ESTABLISH COMMERCIAL INTEGRATION
CELLS WITHIN CERTAIN COMBATANT COMMANDS.
(a) In General.--The Commander of the United States Africa
Command, the Commander of the United States European Command,
the Commander of the United States Indo-Pacific Command, the
Commander of the United States Northern Command, and the
Commander of the United States Southern Command may each
establish--
(1) a commercial integration cell within their respective
combatant command for the purpose of closely integrating
public and private entities with capabilities relevant to the
area of operation of such combatant command; and
(2) a chief technology officer position within their
respective combatant command, who may--
(A) oversee such commercial integration cell; and
(B) report directly to the commander of the applicable
combatant command.
(b) Requirements and Authorities.--In establishing the
commercial integration cells under subsection (a)(1), each
commander described in that paragraph may--
(1) make the applicable commercial integration cell
available to commercial entities with existing Government
contracts up to the Top Secret/Sensitive Compartmented
Information clearance level;
(2) ensure that such commercial integration cell is an
information-sharing partnership rather than a service
contract;
(3) in the case of a solution identified within the
commercial integration cell that requires resources, work
within existing resources or processes to request such
resources; and
(4) integrate lessons learned from the commercial
integration cells of the United States Space Command and the
United States Central Command.
[[Page S3967]]
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Commander of the United States
Africa Command, the Commander of the United States European
Command, the Commander of the United States Indo-Pacific
Command, the Commander of the United States Northern Command,
and the Commander of the United States Southern Command shall
each provide to the Committees on Armed Services of the
Senate and the House of Representatives--
(1) a briefing on whether a commercial integration cell was
implemented and any related progress, including any
challenges to implementation;
(2) in the case of a commander of a combatant command who
chooses not to use the authority provided in this section to
establish a commercial integration cell or a chief technology
officer--
(A) an explanation for not using such authority; and
(B) a description of the manner in which such commander is
otherwise addressing the need to integrate commercial
solutions; and
(3) in the case of a combatant command that has an official
performing a role similar to the role described for a chief
technology officer under subsection (a)(2), a detailed
description of the role performed by such official.
SEC. 1079. MODIFICATION ON LIMITATION ON FUNDING FOR
INSTITUTIONS OF HIGHER EDUCATION HOSTING
CONFUCIUS INSTITUTES.
Section 1062 of the William M. (``Mac'') Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 2241 note) is amended by
striking subsection (b).
SEC. 1080. MODIFICATION OF DEFINITION OF DOMESTIC SOURCE FOR
TITLE III OF DEFENSE PRODUCTION ACT OF 1950.
(a) In General.--Section 702(7) of such Act (50 U.S.C.
4552(7)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and by moving such clauses, as so
redesignated, two ems to the right;
(2) by striking ``The term'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
the term'';
(3) in clause (ii), as redesignated by paragraph (1), by
striking ``subparagraph (A)'' and inserting ``clause (i)'';
and
(4) by adding at the end the following new subparagraph
(B):
``(B) Domestic source for title iii.--
``(i) In general.--For purposes of title III, the term
`domestic source' means a business concern that--
``(I) performs substantially all of the research and
development, engineering, manufacturing, and production
activities required of such business concern under a contract
with the United States relating to a critical component or a
critical technology item in--
``(aa) the United States or Canada; or
``(bb) subject to clause (ii), Australia or the United
Kingdom; and
``(II) procures from business concerns described in
subclause (I) substantially all of any components or
assemblies required under a contract with the United States
relating to a critical component or critical technology item.
``(ii) Limitations on use of business concerns in australia
and united kingdom.--
``(I) In general.--A business concern described in clause
(i)(I)(bb) may be treated as a domestic source only for
purposes of the exercise of authorities under title III
relating to national defense matters that cannot be fully
addressed with business concerns described in clause
(i)(I)(aa).
``(II) National defense matters.--For purposes of subclause
(I), a national defense matter is a matter relating to the
development or production of--
``(aa) a defense article, as defined in section 301 of
title 10, United States Code; or
``(bb) a material critical to national defense or national
security, as defined in section 10(f) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-1(f)).''.
(b) Reports on Exercise of Title III Authorities.--Title
III of the Defense Production Act of 1950 (50 U.S.C. 4531 et
seq.) is amended by adding at the end the following new
section:
``SEC. 305. REPORTS ON EXERCISE OF AUTHORITIES.
``(a) In General.--The President, or the head of an agency
to which the President has delegated authorities under this
title, shall submit a report and provide a briefing to the
appropriate congressional committees with respect to any
action taken pursuant to such authorities--
``(1) except as provided by paragraph (2), not later than
30 days after taking the action; and
``(2) in the case of an action that involves a business
concern in the United Kingdom or Australia, not later than 30
days before taking the action.
``(b) Elements.--
``(1) In general.--Each report and briefing required by
subsection (a) with respect to an action described in that
subsection shall include--
``(A) a justification of the necessity of the use of
authorities under this title; and
``(B) a description of the financial terms of any related
financial transaction.
``(2) Additional elements relating to business concerns in
the united kingdom or australia.--Each report and briefing
required by subsection (a) with respect to an action
described in paragraph (2) of that subsection shall include,
in addition to the elements under paragraph (1)--
``(A) a certification that business concerns in the United
States or Canada were not available with respect to the
action; and
``(B) an analysis of why such business concerns were not
available.
``(c) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the
House of Representatives; and
``(2) in the case of an action described in subsection (a)
involving strategic and critical materials relating to
national defense matters (as described in section
702(7)(B)(ii)(II)), the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives.''.
SEC. 1081. COMPREHENSIVE STRATEGY FOR TALENT DEVELOPMENT AND
MANAGEMENT OF DEPARTMENT OF DEFENSE COMPUTER
PROGRAMMING WORKFORCE.
(a) Policy.--It shall be a policy of the Armed Forces,
including the reserve components, to establish appropriate
and effective talent development and management policies and
practices that allow for the military departments to present
an adaptable, qualified workforce training and education
standard with respect to computer programming skill needs for
the workforce of the Department of Defense, including
technical and nontechnical skills related to artificial
intelligence and software coding.
(b) Strategy Required.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretaries of each military department and the
Chairman of the Joint Chiefs of Staff, shall develop a
strategy to achieve the policy set forth in subsection (a).
(2) Elements.--The strategy required by paragraph (1) shall
include--
(A) the development, funding, and execution of a coherent
approach and transparent strategy across digital platforms
and applications that enable development and presentation of
forces with appropriate programmatic oversight for both
active and reserve component workforces;
(B) the evaluation of the potential need for career field
occupational codes or other service-specific talent
management mechanisms aligned with the work roles related to
computer programming, artificial intelligence and machine
learning competency, and software engineering under the
Department of Defense Cyber Workforce Framework to allow for
the military departments to identify, assess, track, manage,
and assign personnel with computer programming, coding, and
artificial intelligence skills through established
mechanisms, under the policies of the military departments
with respect to career field management, including--
(i) development, modification, or revalidation of a career
field or separate occupational code for computer programming
occupational areas aligned with such work roles; and
(ii) development, modification, or revalidation of a unique
special skills or experience designator or qualification,
tracked independently of a career field, for computer
programming occupational areas aligned with such work roles;
(C) the evaluation of current talent management processes
to incorporate equivalency assessment as part of the
qualification standard to accommodate experiences, training,
or skills developed as a result of other work experience or
training opportunities, including potentially from civilian
occupations or commercially-available training courses
(D) assessment of members of the Armed Forces who have
completed the qualification process of the military
department concerned or who qualify based on existing skills
and training across computer programming occupational areas;
and
(E) maintaining data on, and longitudinal tracking of,
members of the Armed Forces described in subparagraph (D).
(c) Responsibilities.--The Secretary of each military
department, in consultation with the Assistant Secretary of
the military department for Manpower and Reserve Affairs, the
Chief Information Officer of the Department of Defense, and
the Chief Digital and Artificial Intelligence Officer of the
Office of the Secretary of Defense, shall--
(1) be responsible for development and implementation of
the policy set forth in subsection (a) and strategy required
by subsection (b); and
(2) carry out that responsibility through an officer or
employee of the military department assigned by the Secretary
for that purpose.
(d) Duties.--In developing and providing for the
implementation of the policy set forth in subsection (a) and
strategy required by subsection (b), the Secretary of each
military department, in consultation with the Assistant
Secretary of the military department for Manpower and Reserve
Affairs, the Chief Information Officer of the military
department, the Chief Information Officer of the Department
of Defense, and the Chief Digital and Artificial Intelligence
Officer of the Office of the Secretary of Defense, shall
establish and update relevant policies and practices to
enable the talent development and management to provide a
workforce capable of conducting computer programming,
software coding, and artificial intelligence
[[Page S3968]]
activities, including by meeting related manning, systems,
training, and other related funding requirements.
(e) Strategy and Implementation Plans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of each military
department shall submit to the Committees on Armed Services
of the Senate and the House of Representatives the strategy
required by subsection (b).
(2) Implementation plans required.--Not later than one year
after the date of the enactment of this Act, the Secretary of
each military department shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a implementation plan for the strategy required by subsection
(b), including identification of resource needs and areas
where current internal policy or legal statutes may need to
be updated.
(f) Definitions.--In this section:
(1) Computer programming occupational area.--The term
``computer programming occupational area'' means a technical
or nontechnical occupational position that supports computer
programming, coding, or artificial intelligence operations
and development, including the following positions:
(A) Data scientists.
(B) Data engineers.
(C) Data analysts.
(D) Software developers.
(E) Machine learning engineers.
(F) Program managers.
(G) Acquisition professionals.
(2) Digital platform or application.--The term ``digital
platform or application'' means an online integrated
personnel management system or human capital solution.
(3) Qualification process.--The term ``qualification
process''--
(A) means the process, modeled on a streamlined version of
the process for obtaining joint qualifications, for training
and verifying members of the Armed Forces to receive career
field or occupational codes associated with computer
programming occupational areas; and
(B) may include--
(i) experiences, education, and training received as a part
of military service, including fellowships, talent exchanges,
positions within government, and educational courses; and
(ii) in the case of members of the reserve components,
experiences, education, and training received in their
civilian occupations.
(4) Standard.--The term ``standard'' means the defined,
reviewed, and published standard for occupational series or
career fields that provides a measurable standard by which
the military departments can assess the ability to meet their
operational planning and steady-state force presentation
requirements during the global force management process.
SEC. 1082. LIMITATION ON AVAILABILITY OF FUNDS FOR
DESTRUCTION OF LANDMINES.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2024 for the
Department of Defense may be obligated or expended for the
destruction of anti-personnel landmine munitions before the
date on which the Secretary of Defense submits the report
required by subsection (c).
(b) Exception for Safety.--Subsection (a) shall not apply
to any anti-personnel landmine munitions that the Secretary
of Defense determines are unsafe or could pose a safety risk
to the United States Armed Forces if not demilitarized or
destroyed.
(c) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
includes each of the following:
(A) A description of the policy of the Department of
Defense regarding the use of anti-personnel landmines,
including methods for commanders to seek waivers to use such
munitions.
(B) Projections covering the period of 10 years following
the date of the report of--
(i) the inventory levels for all anti-personnel landmine
munitions, taking into account future production of anti-
personnel landmine munitions, any plans for demilitarization
of such munitions, the age of the munitions, storage and
safety considerations, and any other factors that are
expected to impact the size of the inventory;
(ii) the cost to achieve the inventory levels projected in
clause (i), including the cost for potential demilitarization
or disposal of such munitions; and
(iii) the cost to develop and produce new anti-personnel
landmine munitions the Secretary determines are necessary to
meet the demands of operational plans.
(C) An assessment by the Chairman of the Joint Chiefs of
Staff of the effects of the inventory levels projected under
subparagraph (B)(i) on operational plans.
(D) Any inputs by the Chairman and the commanders of the
combatant commands to a policy process that resulted in a
change in landmine policy during the calendar year preceding
the date of the enactment of this Act.
(E) Any other matters that the Secretary determines
appropriate for inclusion in the report.
(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Briefing Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
the status, as of the date of the briefing, of research and
development into operational alternatives to anti-personnel
landmine munitions.
(2) Form of briefing.--The briefing required by paragraph
(1) may contain classified information.
(e) Anti-personnel Landmine Munitions Defined.--In this
section, the term ``anti-personnel landmine munitions''
includes anti-personnel landmines and submunitions, as
defined by the Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Anti-Personnel Mines
and on their Destruction, concluded at Oslo September 18,
1997, as determined by the Secretary.
SEC. 1083. NOGALES WASTEWATER IMPROVEMENT.
(a) Amendment to the Act of July 27, 1953.--The first
section of the Act of July 27, 1953 (67 Stat. 195, chapter
242; 22 U.S.C. 277d-10), is amended by striking the period at
the end and inserting ``: Provided further, That the
equitable portion of the Nogales sanitation project for the
city of Nogales, Arizona, shall be limited to the costs
directly associated with the treatment and conveyance of the
wastewater of the city and, to the extent practicable, shall
not include any costs directly associated with the quality or
quantity of wastewater originating in Mexico.''.
(b) Nogales Sanitation Project.--
(1) Definitions.--In this subsection:
(A) City.--The term ``City'' means the City of Nogales,
Arizona.
(B) Commission.--The term ``Commission'' means the United
States Section of the International Boundary and Water
Commission.
(C) International outfall interceptor.--The term
``International Outfall Interceptor'' means the pipeline that
conveys wastewater from the United States-Mexico border to
the Nogales International Wastewater Treatment Plant.
(D) Nogales international wastewater treatment plant.--The
term ``Nogales International Wastewater Treatment Plant''
means the wastewater treatment plant that--
(i) is operated by the Commission;
(ii) is located in Rio Rico, Santa Cruz County, Arizona,
after manhole 99; and
(iii) treats sewage and wastewater originating from--
(I) Nogales, Sonora, Mexico; and
(II) Nogales, Arizona.
(2) Ownership and control.--
(A) In general.--Subject to subparagraph (B) and in
accordance with authority under the Act of July 27, 1953 (67
Stat. 195, chapter 242; 22 U.S.C. 277d-10 et seq.), on
transfer by donation from the City of the current stake of
the City in the International Outfall Interceptor to the
Commission, the Commission shall enter into such agreements
as are necessary to assume full ownership and control over
the International Outfall Interceptor.
(B) Agreements required.--The Commission shall assume full
ownership and control over the International Outfall
Interceptor under subparagraph (A) after all applicable
governing bodies in the State of Arizona, including the City,
have--
(i) signed memoranda of understanding granting to the
Commission access to existing easements for a right of entry
to the International Outfall Interceptor for the life of the
International Outfall Interceptor;
(ii) entered into an agreement with respect to the flows
entering the International Outfall Interceptor that are
controlled by the City; and
(iii) agreed to work in good faith to expeditiously enter
into such other agreements as are necessary for the
Commission to operate and maintain the International Outfall
Interceptor.
(3) Operations and maintenance.--
(A) In general.--Beginning on the date on which the
Commission assumes full ownership and control of the
International Outfall Interceptor under paragraph (2)(A), but
subject to paragraph (5), the Commission shall be responsible
for the operations and maintenance of the International
Outfall Interceptor.
(B) Authorization of appropriations.--There are authorized
to be appropriated to the Commission to carry out this
paragraph, to remain available until expended--
(i) $6,500,000 for fiscal year 2025; and
(ii) not less than $2,500,000 for fiscal year 2026 and each
fiscal year thereafter.
(4) Debris screen.--
(A) Debris screen required.--
(i) In general.--The Commission shall construct, operate,
and maintain a debris screen at Manhole One of the
International Outfall Interceptor for intercepting debris and
drug bundles coming to the United States from Nogales,
Sonora, Mexico.
(ii) Requirement.--In constructing and operating the debris
screen under clause (i), the Commission and the Commissioner
of U.S. Customs and Border Protection shall coordinate--
(I) the removal of drug bundles and other illicit goods
caught in the debris screen; and
(II) other operations at the International Outfall
Interceptor that require coordination.
[[Page S3969]]
(B) Authorization of appropriations.--There are authorized
to be appropriated to the Commission, to remain available
until expended--
(i) for fiscal year 2025--
(I) $8,000,000 for construction of the debris screen
described in subparagraph (A)(i); and
(II) not less than $1,000,000 for the operations and
maintenance of the debris screen described in subparagraph
(A)(i); and
(ii) not less than $1,000,000 for fiscal year 2026 and each
fiscal year thereafter for the operations and maintenance of
the debris screen described in subparagraph (A)(i).
(5) Limitation of claims.--Chapter 171 and section 1346(b)
of title 28, United States Code (commonly known as the
``Federal Tort Claims Act''), shall not apply to any claim
arising from the activities of the Commission in carrying out
this subsection, including any claim arising from damages
that result from overflow of the International Outfall
Interceptor due to excess inflow to the International Outfall
Interceptor originating from Nogales, Sonora, Mexico.
(c) Effective Date.--This section (including the amendments
made by this section) takes effect on October 1, 2024.
SEC. 1084. AUTHORIZATION OF AMOUNTS TO SUPPORT INITIATIVES
FOR MOBILE MAMMOGRAPHY SERVICES FOR VETERANS.
There is authorized to be appropriated to the Secretary of
Veterans Affairs $10,000,000 for the Office of Women's Health
of the Department of Veterans Affairs under section 7310 of
title 38, United States Code, to be used by the Secretary to
expand access of women veterans to--
(1) mobile mammography initiatives;
(2) advanced mammography equipment; and
(3) outreach activities to publicize those initiatives and
equipment.
SEC. 1085. PROTECTION OF COVERED SECTORS.
The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.)
is amended by adding at the end the following:
``TITLE VIII--PROTECTION OF COVERED SECTORS
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Armed Services, the Committee on
Finance, the Committee on Banking, Housing, and Urban
Affairs, the Select Committee on Intelligence, and the
Committee on Foreign Relations of the Senate; and
``(B) the Committee on Armed Services, the Committee on
Ways and Means, the Committee on Financial Services, the
Permanent Select Committee on Intelligence, and the Committee
on Foreign Affairs of the House of Representatives.
``(2) Country of concern.--The term `country of concern'
means, subject to such regulations as may be prescribed in
accordance with section 806, a country specified in section
4872(d)(2) of title 10, United States Code.
``(3) Covered activity.--
``(A) In general.--Subject to such regulations as may be
prescribed in accordance with section 806, and except as
provided in subparagraph (B), the term `covered activity'
means any activity engaged in by a United States person in a
related to a covered sector that involves--
``(i) an acquisition by such United States person of an
equity interest or contingent equity interest, or monetary
capital contribution, in a covered foreign entity, directly
or indirectly, by contractual commitment or otherwise, with
the goal of generating income or gain;
``(ii) an arrangement for an interest held by such United
States person in the short- or long-term debt obligations of
a covered foreign entity that includes governance rights that
are characteristic of an equity investment, management, or
other important rights, as defined in regulations prescribed
in accordance with section 806;
``(iii) the establishment of a wholly owned subsidiary in a
country of concern, such as a greenfield investment, for the
purpose of production, design, testing, manufacturing,
fabrication, or development related to one or more covered
sectors;
``(iv) the establishment by such United States person of a
joint venture in a country of concern or with a covered
foreign entity for the purpose of production, design,
testing, manufacturing, fabrication, or research involving
one or more covered sectors, or other contractual or other
commitments involving a covered foreign entity to jointly
research and develop new innovation, including through the
transfer of capital or intellectual property or other
business proprietary information; or
``(v) the acquisition by a United States person with a
covered foreign entity of--
``(I) operational cooperation, such as through supply or
support arrangements;
``(II) the right to board representation (as an observer,
even if limited, or as a member) or an executive role (as may
be defined through regulation) in a covered foreign entity;
``(III) the ability to direct or influence such operational
decisions as may be defined through such regulations;
``(IV) formal governance representation in any operating
affiliate, like a portfolio company, of a covered foreign
entity; or
``(V) a new relationship to share or provide business
services, such as but not limited to financial services,
marketing services, maintenance, or assembly functions,
related to a covered sectors.
``(B) Exceptions.--The term `covered activity' does not
include--
``(i) any transaction the value of which the Secretary of
the Treasury determines is de minimis, as defined in
regulations prescribed in accordance with section 806;
``(ii) any category of transactions that the Secretary
determines is in the national interest of the United States,
as may be defined in regulations prescribed in accordance
with section 806; or
``(iii) any ordinary or administrative business transaction
as may be defined in such regulations.
``(4) Covered foreign entity.--
``(A) In general.--Subject to regulations prescribed in
accordance with section 806, and except as provided in
subparagraph (B), the term `covered foreign entity' means--
``(i) any entity that is incorporated in, has a principal
place of business in, or is organized under the laws of a
country of concern;
``(ii) any entity the equity securities of which are
primarily traded in the ordinary course of business on one or
more exchanges in a country of concern;
``(iii) any entity in which any entity described in
subclause (i) or (ii) holds, individually or in the
aggregate, directly or indirectly, an ownership interest of
greater than 50 percent; or
``(iv) any other entity that is not a United States person
and that meets such criteria as may be specified by the
Secretary of the Treasury in such regulations.
``(B) Exception.--The term `covered foreign entity' does
not include any entity described in subparagraph (A) that can
demonstrate that a majority of the equity interest in the
entity is ultimately owned by--
``(i) nationals of the United States; or
``(ii) nationals of such countries (other than countries of
concern) as are identified for purposes of this subparagraph
pursuant to regulations prescribed in accordance with section
806.
``(5) Covered sectors.--Subject to regulations prescribed
in accordance with section 806, the term `covered sectors'
includes sectors within the following areas, as specified in
such regulations:
``(A) Advanced semiconductors and microelectronics.
``(B) Artificial intelligence.
``(C) Quantum information science and technology.
``(D) Hypersonics.
``(E) Satellite-based communications.
``(F) Networked laser scanning systems with dual-use
applications.
``(6) Party.--The term `party', with respect to an
activity, has the meaning given that term in regulations
prescribed in accordance with section 806.
``(7) United states.--The term `United States' means the
several States, the District of Columbia, and any territory
or possession of the United States.
``(8) United states person.--The term `United States
person' means--
``(A) an individual who is a citizen or national of the
United States or an alien lawfully admitted for permanent
residence in the United States; and
``(B) any corporation, partnership, or other entity
organized under the laws of the United States or the laws of
any jurisdiction within the United States.
``SEC. 802. ADMINISTRATION OF UNITED STATES INVESTMENT
NOTIFICATION.
``(a) In General.--The President shall delegate the
authorities and functions under this title to the Secretary
of the Treasury.
``(b) Coordination.--In carrying out the duties of the
Secretary under this title, the Secretary shall--
``(1) coordinate with the Secretary of Commerce; and
``(2) consult with the United States Trade Representative,
the Secretary of Defense, the Secretary of State, and the
Director of National Intelligence.
``SEC. 803. MANDATORY NOTIFICATION OF COVERED ACTIVITIES.
``(a) Mandatory Notification.--
``(1) In general.--Subject to regulations prescribed in
accordance with section 806, beginning on the date that is 90
days after such regulations take effect, a United States
person that plans to engage in a covered activity shall--
``(A) if such covered activity is not a secured
transaction, submit to the Secretary of the Treasury a
complete written notification of the activity not later than
14 days before the anticipated completion date of the
activity; and
``(B) if such covered activity is a secured transaction,
submit to the Secretary of the Treasury a complete written
notification of the activity not later than 14 days after the
completion date of the activity.
``(2) Circulation of notification.--
``(A) In general.--The Secretary shall, upon receipt of a
notification under paragraph (1), promptly inspect the
notification for completeness.
``(B) Incomplete notifications.--If a notification
submitted under paragraph (1) is incomplete, the Secretary
shall promptly inform the United States person that submits
the notification that the notification is not complete and
provide an explanation of relevant material respects in which
the notification is not complete.
``(3) Identification of non-notified activity.--The
Secretary shall establish a process to identify covered
activity for which--
[[Page S3970]]
``(A) a notification is not submitted to the Secretary
under paragraph (1); and
``(B) information is reasonably available.
``(b) Confidentiality of Information.--
``(1) In general.--Except as provided in paragraph (2), any
information or documentary material filed with the Secretary
of the Treasury pursuant to this section shall be exempt from
disclosure under section 552 of title 5, United States Code,
and no such information or documentary material may be made
public by any government agency or Member of Congress.
``(2) Exceptions.--The exemption from disclosure provided
by paragraph (1) shall not prevent the disclosure of the
following:
``(A) Information relevant to any administrative or
judicial action or proceeding.
``(B) Information provided to Congress or any of the
appropriate congressional committees.
``(C) Information important to the national security
analysis or actions of the President to any domestic
governmental entity, or to any foreign governmental entity of
an ally or partner of the United States, under the direction
and authorization of the President or the Secretary, only to
the extent necessary for national security purposes, and
subject to appropriate confidentiality and classification
requirements.
``(D) Information that the parties have consented to be
disclosed to third parties.
``SEC. 804. REPORTING REQUIREMENTS.
``(a) In General.--Not later than 360 days after the date
on which the regulations prescribed under section 806 take
effect, and not less frequently than annually thereafter, the
Secretary of the Treasury shall submit to the appropriate
congressional committees a report that--
``(1) lists all notifications submitted under section
803(a) during the year preceding submission of the report and
includes, with respect to each such notification--
``(A) basic information on each party to the covered
activity with respect to which the notification was
submitted; and
``(B) the nature of the covered activity that was the
subject to the notification, including the elements of the
covered activity that necessitated a notification;
``(2) includes a summary of those notifications,
disaggregated by sector, by covered activity, and by country
of concern;
``(3) provides additional context and information regarding
trends in the sectors, the types of covered activities, and
the countries involved in those notifications;
``(4) includes a description of the national security risks
associated with--
``(A) the covered activities with respect to which those
notifications were submitted; or
``(B) categories of such activities; and
``(5) assesses the overall impact of those notifications,
including recommendations for--
``(A) expanding existing Federal programs to support the
production or supply of covered sectors in the United States,
including the potential of existing authorities to address
any related national security concerns;
``(B) investments needed to enhance covered sectors and
reduce dependence on countries of concern regarding those
sectors; and
``(C) the continuation, expansion, or modification of the
implementation and administration of this title, including
recommendations with respect to whether the definition of
`country of concern' under section 801(2) should be amended
to add or remove countries.
``(b) Form of Report.--Each report required by this section
shall be submitted in unclassified form, but may include a
classified annex.
``(c) Testimony Required.--Not later than one year after
the date of enactment of this title, and annually thereafter,
the Secretary of the Treasury and the Secretary of Commerce
shall each provide to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives testimony with
respect to the national security threats relating to
investments by the United States persons in countries of
concern and broader international capital flows.
``SEC. 805. PENALTIES AND ENFORCEMENT.
``(a) Penalties With Respect to Unlawful Acts.--Subject to
regulations prescribed in accordance with section 806, it
shall be unlawful--
``(1) to fail to submit a notification under subsection (a)
of section 803 with respect to a covered activity or to
submit other information as required by the Secretary of the
Treasury; or
``(2) to make a material misstatement or to omit a material
fact in any information submitted to the Secretary under this
title.
``(b) Enforcement.--The President may direct the Attorney
General to seek appropriate relief in the district courts of
the United States, in order to implement and enforce this
title.
``SEC. 806. REQUIREMENT FOR REGULATIONS.
``(a) In General.--Not later than 360 days after the date
of the enactment of this title, the Secretary of the Treasury
shall finalize regulations to carry out this title.
``(b) Elements.--Regulations prescribed to carry out this
title shall include specific examples of the types of--
``(1) activities that will be considered to be covered
activities; and
``(2) the specific sectors and subsectors that may be
considered to be covered sectors.
``(c) Requirements for Certain Regulations.--The Secretary
of the Treasury shall prescribe regulations further defining
the terms used in this title, including `covered activity',
`covered foreign entity', and `party', in accordance with
subchapter II of chapter 5 and chapter 7 of title 5 (commonly
known as the `Administrative Procedure Act').
``(d) Public Participation in Rulemaking.--The provisions
of section 709 shall apply to any regulations issued under
this title.
``(e) Low-burden Regulations.--In prescribing regulations
under this section, the Secretary of the Treasury shall
structure the regulations--
``(1) to minimize the cost and complexity of compliance for
affected parties;.
``(2) to ensure the benefits of the regulations outweigh
their costs;
``(3) to adopt the least burdensome alternative that
achieves regulatory objectives;
``(4) to prioritize transparency and stakeholder
involvement in the process of prescribing the regulations;
and
``(5) to regularly review and streamline existing
regulations to reduce redundancy and complexity.
``SEC. 807. MULTILATERAL ENGAGEMENT AND COORDINATION.
``(a) In General.--The President shall delegate the
authorities and functions under this section to the Secretary
of State.
``(b) Authorities.--The Secretary of State, in coordination
with the Secretary of the Treasury, the Secretary of
Commerce, the United States Trade Representative, and the
Director of National Intelligence, shall--
``(1) conduct bilateral and multilateral engagement with
the governments of countries that are allies and partners of
the United States to ensure coordination of protocols and
procedures with respect to covered activities with countries
of concern and covered foreign entities; and
``(2) upon adoption of protocols and procedures described
in paragraph (1), work with those governments to establish
mechanisms for sharing information, including trends, with
respect to such activities.
``(c) Strategy for Development of Outbound Investment
Screening Mechanisms.--The Secretary of State, in
coordination with the Secretary of the Treasury and in
consultation with the Attorney General, shall--
``(1) develop a strategy to work with countries that are
allies and partners of the United States to develop
mechanisms comparable to this title for the notification of
covered activities; and
``(2) provide technical assistance to those countries with
respect to the development of those mechanisms.
``(d) Report.--Not later than 90 days after the development
of the strategy required by subsection (b), and annually
thereafter for a period of 5 years, the Secretary of State
shall submit to the appropriate congressional committees a
report that includes the strategy, the status of implementing
the strategy, and a description of any impediments to the
establishment of mechanisms comparable to this title by
allies and partners,
``SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
such sums as may be necessary to carry out this title,
including to provide outreach to industry and persons
affected by this title.
``(b) Hiring Authority.--The head of any agency designated
as a lead agency under section 802(b) may appoint, without
regard to the provisions of sections 3309 through 3318 of
title 5, United States Code, not more than 25 candidates
directly to positions in the competitive service (as defined
in section 2102 of that title) in that agency. The primary
responsibility of individuals in positions authorized under
the preceding sentence shall be to administer this title.
``SEC. 809. RULE OF CONSTRUCTION WITH RESPECT TO FREE AND
FAIR COMMERCE.
``Nothing in this title may be construed to restrain or
deter foreign investment in the United States, United States
investment abroad, or trade in goods or services, if such
investment and trade do not pose a risk to the national
security of the United States.''.
SEC. 1086. REVIEW OF AGRICULTURE-RELATED TRANSACTIONS BY
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
STATES.
Section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``; and'' and inserting a
semicolon;
(II) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the following:
``(iii) any transaction described in clause (vi) or (vii)
of subparagraph (B) proposed or pending on or after the date
of the enactment of this clause.'';
(ii) in subparagraph (B), by adding at the end the
following:
``(vi) Any other investment, subject to regulations
prescribed under subparagraphs (D) and (E), by a foreign
person in any unaffiliated United States business that is
engaged in agriculture or biotechnology related to
agriculture.
``(vii) Subject to subparagraphs (C) and (E), the purchase
or lease by, or a concession to, a foreign person of private
real estate that is--
``(I) located in the United States;
``(II) used in agriculture; and
[[Page S3971]]
``(III) more than 320 acres or valued in excess of
$5,000,000.'';
(iii) in subparagraph (C)(i), by striking ``subparagraph
(B)(ii)'' and inserting ``clause (ii) or (vii) of
subparagraph (B)'';
(iv) in subparagraph (D)--
(I) in clause (i), by striking ``subparagraph (B)(iii)''
and inserting ``clauses (iii) and (vi) of subparagraph (B)'';
(II) in clause (iii)(I), by striking ``subparagraph
(B)(iii)'' and inserting ``clauses (iii) and (vi) of
subparagraph (B)'';
(III) in clause (iv)(I), by striking ``subparagraph
(B)(iii)'' each place it appears and inserting ``clauses
(iii) and (vi) of subparagraph (B)''; and
(IV) in clause (v), by striking ``subparagraph (B)(iii)''
and inserting ``clauses (iii) and (vi) of subparagraph (B)'';
and
(v) in subparagraph (E), by striking ``clauses (ii) and
(iii)'' and inserting ``clauses (ii), (iii), (iv), and
(vii)''; and
(B) by adding at the end the following:
``(14) Agriculture.--The term `agriculture' has the meaning
given such term in section 3 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203).'';
(2) in subsection (k)(2)--
(A) by redesignating subparagraphs (H), (I), and (J), as
subparagraphs (I), (J), and (K), respectively; and
(B) inserting after subparagraph (G) the following new
subparagraph:
``(H) The Secretary of Agriculture (nonvoting, ex
officio).''; and
(3) by adding at the end the following:
``(r) Prohibition With Respect to Agricultural Companies
and Real Estate.--
``(1) In general.--Notwithstanding any other provision of
this section, if the Committee, in conducting a review and
investigation under this section, determines that a
transaction described in clause (i), (vi), or (vii) of
subsection (a)(4)(B) would result in control by a covered
foreign person of or investment by a covered foreign person
in a United States business engaged in agriculture or private
real estate used in agriculture, the President shall prohibit
such transaction.
``(2) Waiver.--The President may waive, on a case-by-case
basis, the requirement to prohibit a transaction under
paragraph (1), not less than 30 days after the President
determines and reports to the relevant committees of
jurisdiction that it is vital to the national security
interests of the United States to waive such prohibition.
``(3) Defined terms.--In this subsection:
``(A) Covered person.--
``(i) In general.--Except as provided by clause (ii), the
term `covered person'--
``(I) has the meaning given the term `a person owned by,
controlled by, or subject to the jurisdiction or direction of
a foreign adversary' in section 7.2 of title 15, Code of
Federal Regulations (as in effect on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2024), except that each reference to `foreign
adversary' in that definition shall be deemed to be a
reference to the government of a covered country; and
``(II) includes an entity that--
``(aa) is registered in or organized under the laws of a
covered country;
``(bb) has a principal place of business in a covered
country; or
``(cc) has a subsidiary with a principal place of business
in a covered country.
``(ii) Exclusions.--The term `covered person' does not
include a United States citizen or an alien lawfully admitted
for permanent residence to the United States.
``(B) Covered country.--The term `covered country' means
any of the following:
``(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.''.
SEC. 1087. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING
CORRECTION ACT OF 2023.
(a) Department of Defense, Armed Forces, or Other Federal
Worker Responders to the September 11 Attacks at the Pentagon
and Shanksville, Pennsylvania.--Title XXXIII of the Public
Health Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3306 (42 U.S.C. 300mm-5)--
(A) by redesignating paragraphs (5) through (11) and
paragraphs (12) through (17) as paragraphs (6) through (12)
and paragraphs (14) through (19), respectively;
(B) by inserting after paragraph (4) the following:
``(5) The term `Federal agency' means an agency, office, or
other establishment in the executive, legislative, or
judicial branch of the Federal Government.''; and
(C) by inserting after paragraph (12), as so redesignated,
the following:
``(13) The term `uniformed services' has the meaning given
the term in section 101(a) of title 10, United States
Code.''; and
(2) in section 3311(a) (42 U.S.C. 300mm-21(a))--
(A) in paragraph (2)(C)(i)--
(i) in subclause (I), by striking ``; or'' and inserting a
semicolon;
(ii) in subclause (II), by striking ``; and'' and inserting
a semicolon; and
(iii) by adding at the end the following:
``(III) was an employee of the Department of Defense or any
other Federal agency, worked during the period beginning on
September 11, 2001, and ending on September 18, 2001, for a
contractor of the Department of Defense or any other Federal
agency, or was a member of a regular or reserve component of
the uniformed services; and performed rescue, recovery,
demolition, debris cleanup, or other related services at the
Pentagon site of the terrorist-related aircraft crash of
September 11, 2001, during the period beginning on September
11, 2001, and ending on the date on which the cleanup of the
site was concluded, as determined by the WTC Program
Administrator; or
``(IV) was an employee of the Department of Defense or any
other Federal agency, worked during the period beginning on
September 11, 2001, and ending on September 18, 2001, for a
contractor of the Department of Defense or any other Federal
agency, or was a member of a regular or reserve component of
the uniformed services; and performed rescue, recovery,
demolition, debris cleanup, or other related services at the
Shanksville, Pennsylvania, site of the terrorist-related
aircraft crash of September 11, 2001, during the period
beginning on September 11, 2001, and ending on the date on
which the cleanup of the site was concluded, as determined by
the WTC Program Administrator; and''; and
(B) in paragraph (4)(A)--
(i) by striking ``(A) In general.--The'' and inserting the
following:
``(A) Limit.--
``(i) In general.--The'';
(ii) by inserting ``or subclause (III) or (IV) of paragraph
(2)(C)(i)'' after ``or (2)(A)(ii)''; and
(iii) by adding at the end the following:
``(ii) Certain responders to the september 11 attacks at
the pentagon and shanksville, pennsylvania.--The total number
of individuals who may be enrolled under paragraph (3)(A)(ii)
based on eligibility criteria described in subclause (III) or
(IV) of paragraph (2)(C)(i) shall not exceed 500 at any
time.''.
(b) Additional Funding for the World Trade Center Health
Program.--Title XXXIII of the Public Health Service Act (42
U.S.C. 300mm et seq.) is amended by adding at the end the
following:
``SEC. 3353. SPECIAL FUND.
``(a) In General.--There is established a fund to be known
as the World Trade Center Health Program Special Fund
(referred to in this section as the `Special Fund'),
consisting of amounts deposited into the Special Fund under
subsection (b).
``(b) Amount.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated for fiscal year
2024 $444,000,000 for deposit into the Special Fund, which
amounts shall remain available in such Fund through fiscal
year 2033.
``(c) Uses of Funds.--Amounts deposited into the Special
Fund under subsection (b) shall be available, without further
appropriation and without regard to any spending limitation
under section 3351(c), to the WTC Program Administrator as
needed at the discretion of such Administrator, for carrying
out any provision in this title (including sections 3303 and
3341(c)).
``(d) Remaining Amounts.--Any amounts that remain in the
Special Fund on September 30, 2033, shall be deposited into
the Treasury as miscellaneous receipts.
``SEC. 3354. PENTAGON/SHANKSVILLE FUND.
``(a) In General.--There is established a fund to be known
as the World Trade Center Health Program Fund for Certain WTC
Responders at the Pentagon and Shanksville, Pennsylvania
(referred to in this section as the `Pentagon/Shanksville
Fund'), consisting of amounts deposited into the Pentagon/
Shanksville Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated for fiscal year
2024 $232,000,000 for deposit into the Pentagon/Shanksville
Fund, which amounts shall remain available in such Fund
through fiscal year 2033.
``(c) Uses of Funds.--
``(1) In general.--Amounts deposited into the Pentagon/
Shanksville Fund under subsection (b) shall be available,
without further appropriation and without regard to any
spending limitation under section 3351(c), to the WTC Program
Administrator for the purpose of carrying out section 3312
with regard to WTC responders enrolled in the WTC Program
based on eligibility criteria described in subclause (III) or
(IV) of section 3311(a)(2)(C)(i).
``(2) Limitation on other funding.--Notwithstanding
sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any
other provision in this title, for the period of fiscal years
2024 through 2033, no amounts made available under this title
other than those amounts appropriated under subsection (b)
may be available for the purpose described in paragraph (1).
``(d) Remaining Amounts.--Any amounts that remain in the
Pentagon/Shanksville Fund on September 30, 2033, shall be
deposited into the Treasury as miscellaneous receipts.''.
(c) Conforming Amendments.--Title XXXIII of the Public
Health Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
21(a)(4)(B)(i)(II)), by striking ``sections 3351 and 3352''
and inserting ``this title'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
31(a)(3)(B)(i)(II)), by striking ``sections 3351 and 3352''
and inserting ``this title'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by striking ``the World Trade Center
Health Program Fund and the World Trade Center Health Program
Supplemental Fund'' and inserting ``(as applicable) the Funds
established under sections 3351, 3352, 3353, and 3354''; and
[[Page S3972]]
(B) in subsection (d)--
(i) in paragraph (1)(A), by inserting ``or the World Trade
Center Health Program Special Fund under section 3353'' after
``section 3351'';
(ii) in paragraph (1)(B), by inserting ``or the World Trade
Center Health Program Fund for Certain WTC Responders at the
Pentagon and Shanksville, Pennsylvania under section 3354''
after ``section 3352''; and
(iii) in paragraph (2), in the flush text following
subparagraph (C), by inserting ``or the World Trade Center
Health Program Fund for Certain WTC Responders at the
Pentagon and Shanksville, Pennsylvania under section 3354''
after ``section 3352''; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (2), by inserting ``, the World Trade
Center Health Program Special Fund under section 3353, or the
World Trade Center Health Program Fund for Certain WTC
Responders at the Pentagon and Shanksville, Pennsylvania
under section 3354'' before the period at the end; and
(B) in paragraph (3), by inserting ``, the World Trade
Center Health Program Special Fund under section 3353, or the
World Trade Center Health Program Fund for Certain WTC
Responders at the Pentagon and Shanksville, Pennsylvania
under section 3354'' before the period at the end.
(d) Ensuring Timely Access to Generics.--Section 505(q) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q))
is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``, 10.31,'' after
``10.30'';
(B) in subparagraph (E)--
(i) by striking ``application and'' and inserting
``application or'';
(ii) by striking ``If the Secretary'' and inserting the
following:
``(i) In general.--If the Secretary''; and
(iii) by striking the second sentence and inserting the
following:
``(ii) Primary purpose of delaying.--
``(I) In general.--In determining whether a petition was
submitted with the primary purpose of delaying an
application, the Secretary may consider the following
factors:
``(aa) Whether the petition was submitted in accordance
with paragraph (2)(B), based on when the petitioner knew the
relevant information relied upon to form the basis of such
petition.
``(bb) When the petition was submitted in relation to when
the petitioner reasonably should have known the relevant
information relied upon to form the basis of such petition.
``(cc) Whether the petitioner has submitted multiple or
serial petitions or supplements to petitions raising issues
that reasonably could have been known to the petitioner at
the time of submission of the earlier petition or petitions.
``(dd) Whether the petition was submitted close in time to
a known, first date upon which an application under
subsection (b)(2) or (j) of this section or section 351(k) of
the Public Health Service Act could be approved.
``(ee) Whether the petition was submitted without relevant
data or information in support of the scientific positions
forming the basis of such petition.
``(ff) Whether the petition raises the same or
substantially similar issues as a prior petition to which the
Secretary has responded substantively already, including if
the subsequent submission follows such response from the
Secretary closely in time.
``(gg) Whether the petition requests changing the
applicable standards that other applicants are required to
meet, including requesting testing, data, or labeling
standards that are more onerous or rigorous than the
standards the Secretary has determined to be applicable to
the listed drug, reference product, or petitioner's version
of the same drug.
``(hh) The petitioner's record of submitting petitions to
the Food and Drug Administration that have been determined by
the Secretary to have been submitted with the primary purpose
of delay.
``(ii) Other relevant and appropriate factors, which the
Secretary shall describe in guidance.
``(II) Guidance.--The Secretary may issue or update
guidance, as appropriate, to describe factors the Secretary
considers in accordance with subclause (I).'';
(C) by striking subparagraph (F);
(D) by redesignating subparagraphs (G) through (I) as
subparagraphs (F) through (H), respectively; and
(E) in subparagraph (H), as so redesignated, by striking
``submission of this petition'' and inserting ``submission of
this document'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (C) as
subparagraphs (C) through (E), respectively;
(B) by inserting before subparagraph (C), as so
redesignated, the following:
``(A) In general.--A person shall submit a petition to the
Secretary under paragraph (1) before filing a civil action in
which the person seeks to set aside, delay, rescind,
withdraw, or prevent submission, review, or approval of an
application submitted under subsection (b)(2) or (j) of this
section or section 351(k) of the Public Health Service Act.
Such petition and any supplement to such a petition shall
describe all information and arguments that form the basis of
the relief requested in any civil action described in the
previous sentence.
``(B) Timely submission of citizen petition.--A petition
and any supplement to a petition shall be submitted within
180 days after the person knew the information that forms the
basis of the request made in the petition or supplement.'';
(C) in subparagraph (C), as so redesignated--
(i) in the heading, by striking ``within 150 days'';
(ii) in clause (i), by striking ``during the 150-day period
referred to in paragraph (1)(F),''; and
(iii) by amending clause (ii) to read as follows:
``(ii) on or after the date that is 151 days after the date
of submission of the petition, the Secretary approves or has
approved the application that is the subject of the petition
without having made such a final decision.'';
(D) by amending subparagraph (D), as so redesignated, to
read as follows:
``(D) Dismissal of certain civil actions.--
``(i) Petition.--If a person files a civil action against
the Secretary in which a person seeks to set aside, delay,
rescind, withdraw, or prevent submission, review, or approval
of an application submitted under subsection (b)(2) or (j) of
this section or section 351(k) of the Public Health Service
Act without complying with the requirements of subparagraph
(A), the court shall dismiss without prejudice the action for
failure to exhaust administrative remedies.
``(ii) Timeliness.--If a person files a civil action
against the Secretary in which a person seeks to set aside,
delay, rescind, withdraw, or prevent submission, review, or
approval of an application submitted under subsection (b)(2)
or (j) of this section or section 351(k) of the Public Health
Service Act without complying with the requirements of
subparagraph (B), the court shall dismiss with prejudice the
action for failure to timely file a petition.
``(iii) Final response.--If a civil action is filed against
the Secretary with respect to any issue raised in a petition
timely filed under paragraph (1) in which the petitioner
requests that the Secretary take any form of action that
could, if taken, set aside, delay, rescind, withdraw, or
prevent submission, review, or approval of an application
submitted under subsection (b)(2) or (j) of this section or
section 351(k) of the Public Health Service Act before the
Secretary has taken final agency action on the petition
within the meaning of subparagraph (C), the court shall
dismiss without prejudice the action for failure to exhaust
administrative remedies.''; and
(E) in clause (iii) of subparagraph (E), as so
redesignated, by striking ``as defined under subparagraph
(2)(A)'' and inserting ``within the meaning of subparagraph
(C)''; and
(3) in paragraph (4)--
(A) by striking ``Exceptions'' in the paragraph heading and
all that follows through ``This subsection does'' and
inserting ``Exceptions.--This subsection does'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and adjusting the margins
accordingly.
SEC. 1088. REAUTHORIZATION OF VOLUNTARY REGISTRY FOR
FIREFIGHTER CANCER INCIDENCE.
Section 2(h) of the Firefighter Cancer Registry Act of 2018
(42 U.S.C. 280e-5(h)) is amended by striking ``$2,500,000 for
each of the fiscal years 2018 through 2022'' and inserting
``$5,500,000 for each of fiscal years 2024 through 2028''.
SEC. 1089. REQUIREMENT FOR UNQUALIFIED OPINION ON FINANCIAL
STATEMENT.
The Secretary of Defense shall ensure that the Department
of Defense has received an unqualified opinion on its
financial statements by October 1, 2027.
SEC. 1090. BRIEFING ON AIR NATIONAL GUARD ACTIVE
ASSOCIATIONS.
Not later than November 1, 2023, the Secretary of the Air
Force shall brief the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives on the potential increase in air refueling
capacity and cost savings, including manpower, to be achieved
by making all Air National Guard KC-135 units active
associations.
SEC. 1090A. INFORMING CONSUMERS ABOUT SMART DEVICES ACT.
(a) Required Disclosure of a Camera or Recording Capability
in Certain Internet-connected Devices.--Each manufacturer of
a covered device shall disclose, clearly and conspicuously
and prior to purchase, whether the covered device
manufactured by the manufacturer contains a camera or
microphone as a component of the covered device.
(b) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(2) Actions by the commission.--
(A) In general.--The Federal Trade Commission (in this
section referred to as the ``Commission'') shall enforce this
section in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this section.
(B) Penalties and privileges.--Any person who violates this
section or a regulation promulgated under this section shall
be subject to the penalties and entitled to the
[[Page S3973]]
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(C) Savings clause.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(3) Commission guidance.--Not later than 180 days after the
date of enactment of this section, the Commission, through
outreach to relevant private entities, shall issue guidance
to assist manufacturers in complying with the requirements of
this section, including guidance about best practices for
making the disclosure required by subsection (a) as clear and
conspicuous and age appropriate as practicable and about best
practices for the use of a pictorial (as defined in section
2(a) of the Consumer Review Fairness Act of 2016 (15 U.S.C.
45b(a))) visual representation of the information to be
disclosed.
(4) Tailored guidance.--A manufacturer of a covered device
may petition the Commission for tailored guidance as to how
to meet the requirements of subsection (a) consistent with
existing rules of practice or any successor rules.
(5) Limitation on commission guidance.--No guidance issued
by the Commission with respect to this section shall confer
any rights on any person, State, or locality, nor shall
operate to bind the Commission or any person to the approach
recommended in such guidance. In any enforcement action
brought pursuant to this section, the Commission shall allege
a specific violation of a provision of this section. The
Commission may not base an enforcement action on, or execute
a consent order based on, practices that are alleged to be
inconsistent with any such guidelines, unless the practices
allegedly violate subsection (a).
(c) Definition of Covered Device.--In this section, the
term ``covered device''--
(1) means a consumer product, as defined by section 3(a) of
the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is
capable of connecting to the internet, a component of which
is a camera or microphone; and
(2) does not include--
(A) a telephone (including a mobile phone), a laptop,
tablet, or any device that a consumer would reasonably expect
to have a microphone or camera;
(B) any device that is specifically marketed as a camera,
telecommunications device, or microphone; or
(C) any device or apparatus described in sections 255, 716,
and 718, and subsections (aa) and (bb) of section 303 of the
Communications Act of 1934 (47 U.S.C. 255; 617; 619; and
303(aa) and (bb)), and any regulations promulgated
thereunder.
(d) Effective Date.--This section shall apply to all
covered devices manufactured after the date that is 180 days
after the date on which guidance is issued by the Commission
under subsection (b)(3), and shall not apply to covered
devices manufactured or sold before such date, or otherwise
introduced into interstate commerce before such date.
SEC. 1090B. IMPROVING PROCESSING BY DEPARTMENT OF VETERANS
AFFAIRS OF DISABILITY CLAIMS FOR POST-TRAUMATIC
STRESS DISORDER THROUGH IMPROVED TRAINING.
(a) Short Title.--This section may be cited as the
``Department of Veterans Affairs Post-Traumatic Stress
Disorder Processing Claims Improvement Act of 2023''.
(b) Formal Process for Conduct of Annual Analysis of
Training Needs Based on Trends.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs, acting through the Under Secretary for
Benefits, shall establish a formal process to analyze, on an
annual basis, training needs of employees of the Department
who review claims for disability compensation for service-
connected post-traumatic stress disorder, based on identified
processing error trends.
(c) Formal Process for Conduct of Annual Studies to Support
Annual Analysis.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, acting through the
Under Secretary, shall establish a formal process to conduct,
on an annual basis, studies to help guide the process
established under subsection (b).
(2) Elements.--Each study conducted under paragraph (1)
shall cover the following:
(A) Military post-traumatic stress disorder stressors.
(B) Decision-making claims for claims processors.
SEC. 1090C. U.S. HOSTAGE AND WRONGFUL DETAINEE DAY ACT OF
2023.
(a) Short Title.--This section may be cited as the ``U.S.
Hostage and Wrongful Detainee Day Act of 2023''.
(b) Designation.--
(1) Hostage and wrongful detainee day.--
(A) In general.--Chapter 1 of title 36, United States Code,
is amended--
(i) by redesignating the second section 146 (relating to
Choose Respect Day) as section 147; and
(ii) by adding at the end the following:
``Sec. 148. U.S. Hostage and Wrongful Detainee Day
``(a) Designation.--March 9 is U.S. Hostage and Wrongful
Detainee Day.
``(b) Proclamation.--The President is requested to issue
each year a proclamation calling on the people of the United
States to observe U.S. Hostage and Wrongful Detainee Day with
appropriate ceremonies and activities.''.
(B) Technical and conforming amendment.--The table of
sections for chapter 1 of title 36, United States Code, is
amended by striking the item relating to the second section
146 and inserting the following new items:
``147. Choose Respect Day.
``148. U.S. Hostage and Wrongful Detainee Day.''.
(2) Hostage and wrongful detainee flag.--
(A) In general.--Chapter 9 of title 36, United States Code,
is amended by adding at the end the following new section:
``Sec. 904. Hostage and Wrongful Detainee flag
``(a) Designation.--The Hostage and Wrongful Detainee flag
championed by the Bring Our Families Home Campaign is
designated as the symbol of the commitment of the United
States to recognizing, and prioritizing the freedom of,
citizens and lawful permanent residents of the United States
held as hostages or wrongfully detained abroad.
``(b) Required Display.--
``(1) In general.--The Hostage and Wrongful Detainee flag
shall be displayed at the locations specified in paragraph
(3) on the days specified in paragraph (2).
``(2) Days specified.--The days specified in this paragraph
are the following:
``(A) U.S. Hostage and Wrongful Detainee Day, March 9.
``(B) Flag Day, June 14.
``(C) Independence Day, July 4.
``(D) Any day on which a citizen or lawful permanent
resident of the United States--
``(i) returns to the United States from being held hostage
or wrongfully detained abroad; or
``(ii) dies while being held hostage or wrongfully detained
abroad.
``(3) Locations specified.--The locations specified in this
paragraph are the following:
``(A) The Capitol.
``(B) The White House.
``(C) The buildings containing the official office of--
``(i) the Secretary of State; and
``(ii) the Secretary of Defense.
``(c) Display To Be in a Manner Visible to the Public.--
Display of the Hostage and Wrongful Detainee flag pursuant to
this section shall be in a manner designed to ensure
visibility to the public.
``(d) Limitation.--This section may not be construed or
applied so as to require any employee to report to work
solely for the purpose of providing for the display of the
Hostage and Wrongful Detainee flag.''.
(B) Technical and conforming amendment.--The table of
sections for chapter 9 of title 36, United States Code, is
amended by adding at the end the following:
``904. Hostage and Wrongful Detainee flag.''.
SEC. 1090D. PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT
GRANT FUNDS TO CERTAIN ENTITIES THAT HAVE
VIOLATED INTELLECTUAL PROPERTY RIGHTS OF UNITED
STATES ENTITIES.
(a) In General.--During the period beginning on the date
that is 30 days after the date of the enactment of this
section, amounts provided as project grants under subchapter
I of chapter 471 of title 49, United States Code, may not be
used to enter into a contract described in subsection (b)
with any entity on the list required by subsection (c).
(b) Contract Described.--A contract described in this
subsection is a contract or other agreement for the
procurement of infrastructure or equipment for a passenger
boarding bridge at an airport.
(c) List Required.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, and thereafter as required by
paragraph (2), the United States Trade Representative, and
the Administrator of the Federal Aviation Administration
shall make available to the Administrator of the Federal
Aviation Administration a publicly-available a list of
entities manufacturing airport passenger boarding
infrastructure or equipment that--
(A) are owned, directed by, or subsidized in whole, or in
part by the People's Republic of China;
(B) have been determined by a Federal court to have
misappropriated intellectual property or trade secrets from
an entity organized under the laws of the United States or
any jurisdiction within the United States;
(C) own or control, are owned or controlled by, are under
common ownership or control with, or are successors to, an
entity described in subparagraph (A);
(D) own or control, are under common ownership or control
with, or are successors to, an entity described in
subparagraph (A); or
(E) have entered into an agreement with or accepted funding
from, whether in the form of minority investment interest or
debt, have entered into a partnership with, or have entered
into another contractual or other written arrangement with,
an entity described in subparagraph (A).
(2) Updates to list.--The United States Trade
Representative shall update the list required by paragraph
(1), based on information provided by the Administrator of
the Federal Aviation Administration, in consultation with the
Attorney General--
(A) not less frequently than every 90 days during the 180-
day period following the initial publication of the list
under paragraph (1); and
[[Page S3974]]
(B) not less frequently than annually thereafter.
(d) Definitions.--In this section, the definitions in
section 47102 of title 49, United States Code, shall apply.
SEC. 1090E. CONDUCT OF WINTER SEASON RECONNAISSANCE OF
ATMOSPHERIC RIVERS IN THE WESTERN UNITED
STATES.
(a) Conduct of Reconnaissance.--
(1) In general.--Subject to the availability of
appropriations, the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve Command and the Administrator of the
National Oceanic and Atmospheric Administration may use
aircraft, personnel, and equipment necessary to meet the
mission requirements of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve Command and the National
Oceanic and Atmospheric Administration if those aircraft,
personnel, and equipment are not otherwise needed for
hurricane monitoring and response.
(2) Activities.--In carrying out paragraph (1), the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve
Command, in consultation with the Administrator of the
National Oceanic and Atmospheric Administration and
appropriate line offices of the National Oceanic and
Atmospheric Administration, may--
(A) improve the accuracy and timeliness of observations to
support the forecast and warning services of the National
Weather Service for the coasts of the United States;
(B) collect data in data-sparse regions where conventional,
upper-air observations are lacking;
(C) support water management decisions and flood
forecasting through the execution of targeted airborne
dropsonde, buoys, autonomous platform observations, satellite
observations, remote sensing observations, and other
observation platforms as appropriate, including enhanced
assimilation of the data from those observations over the
eastern, central, and western north Pacific Ocean, the Gulf
of Mexico, and the western Atlantic Ocean to improve
forecasts of large storms for civil authorities and military
decision makers;
(D) participate in the research and operations partnership
that guides flight planning and uses research methods to
improve and expand the capabilities and effectiveness of
weather reconnaissance over time; and
(E) undertake such other additional activities as the
Administrator of the National Oceanic and Atmospheric
Administration, in collaboration with the 53rd Weather
Reconnaissance Squadron, considers appropriate to further
prediction of dangerous weather events.
(b) Reports.--
(1) Air force.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
consultation with the Administrator of the National Oceanic
and Atmospheric Administration, shall submit to the
appropriate committees of Congress a comprehensive report on
the resources necessary for the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve Command to continue to
support, through December 31, 2035--
(i) the National Hurricane Operations Plan;
(ii) the National Winter Season Operations Plan; and
(iii) any other operational requirements relating to
weather reconnaissance.
(B) Appropriate committees of congress.--In this paragraph,
the term ``appropriate committees of Congress'' means--
(i) the Committee on Armed Services of the Senate;
(ii) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(iii) the Committee on Commerce, Science, and
Transportation of the Senate;
(iv) the Committee on Science, Space, and Technology of the
House of Representatives;
(v) the Committee on Armed Services of the House of
Representatives; and
(vi) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Commerce.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Commerce shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a comprehensive
report on the resources necessary for the National Oceanic
and Atmospheric Administration to continue to support,
through December 31, 2035--
(A) the National Hurricane Operations Plan;
(B) the National Winter Season Operations Plan; and
(C) any other operational requirements relating to weather
reconnaissance.
SEC. 1090F. NATIONAL COLD WAR CENTER DESIGNATION.
(a) Purposes.--The purposes of this section are--
(1) to designate the museum located at Blytheville/Eaker
Air Force Base in Blytheville, Arkansas, including its future
and expanded exhibits, collections, and educational programs,
as a ``National Cold War Center'';
(2) to recognize the preservation, maintenance, and
interpretation of the artifacts, documents, images, and
history collected by the Center;
(3) to enhance the knowledge of the American people of the
experience of the United States during the Cold War years;
and
(4) to ensure that all future generations understand the
sacrifices made to preserve freedom and democracy, and the
benefits of peace for all future generations in the 21st
century and beyond.
(b) Designation.--
(1) In general.--The museum located at Blytheville/Eaker
Air Force Base in Blytheville, Arkansas, is designated as a
``National Cold War Center''.
(2) Rule of construction.--Nothing in this section shall
preclude the designation of other national centers or museums
in the United States interpreting the Cold War.
(c) Effect of Designation.--The National Cold War Center
designated by this section is not a unit of the National Park
System, and the designation of the center as a National Cold
War Center shall not be construed to require or permit
Federal funds to be expended for any purpose related to the
designation made by this section.
SEC. 1090G. SEMICONDUCTOR PROGRAM.
Title XCIX of division H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4651 et seq.) is amended--
(1) in section 9902 (15 U.S.C. 4652)--
(A) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(B) by inserting after subsection (g) the following:
``(h) Authority Relating to Environmental Review.--
``(1) In general.--Notwithstanding any other provision of
law, the provision by the Secretary of Federal financial
assistance for a project described in this section that
satisfies the requirements under subsection (a)(2)(C)(i) of
this section shall not be considered to be a major Federal
action under NEPA or an undertaking for the purposes of
division A of subtitle III of title 54, United States Code,
if--
``(A) the activity described in the application for that
project has commenced not later than 1 year after the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2024;
``(B) the Federal financial assistance provided is in the
form of a loan or loan guarantee; or
``(C) the Federal financial assistance provided, excluding
any loan or loan guarantee, comprises not more than 10
percent of the total estimated cost of the project.
``(2) Savings clause.--Nothing in this subsection may be
construed as altering whether an activity described in
subparagraph (A), (B), or (C) of paragraph (1) is considered
to be a major Federal action under NEPA, or an undertaking
under division A of subtitle III of title 54, United States
Code, for a reason other than that the activity is eligible
for Federal financial assistance provided under this
section.''; and
(2) in section 9909 (15 U.S.C. 4659), by adding at the end
the following:
``(c) Lead Federal Agency and Cooperating Agencies.--
``(1) Definition.--In this subsection, the term `lead
agency' has the meaning given the term in section 111 of
NEPA.
``(2) Option to serve as lead agency.--With respect to a
covered activity that is a major Federal action under NEPA,
and with respect to which the Department of Commerce is
authorized or required by law to issue an authorization or
take action for or relating to that covered activity, the
Department of Commerce shall have the first right to serve as
the lead agency with respect to that covered activity under
NEPA.
``(d) Categorical Exclusions.--
``(1) Establishment of categorical exclusions.--Each of the
following categorical exclusions is established for the
National Institute of Standards and Technology with respect
to a covered activity and, beginning on the date of enactment
of this subsection, is available for use by the Secretary
with respect to a covered activity:
``(A) Categorical exclusion 17.04.d (relating to the
acquisition of machinery and equipment) in the document
entitled `EDA Program to Implement the National Environmental
Policy Act of 1969 and Other Federal Environmental Mandates
As Required' (Directive No. 17.02-2; effective date October
14, 1992).
``(B) Categorical exclusion A9 in Appendix A to subpart D
of part 1021 of title 10, Code of Federal Regulations, or any
successor regulation.
``(C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1
in Appendix B to subpart D of part 1021 of title 10, Code of
Federal Regulations, or any successor regulation.
``(D) The categorical exclusions described in paragraphs
(4) and (13) of section 50.19(b) of title 24, Code of Federal
Regulations, or any successor regulation.
``(E) Categorical exclusion (c)(1) in Appendix B to part
651 of title 32, Code of Federal Regulations, or any
successor regulation.
``(F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix
B to part 989 of title 32, Code of Federal Regulations, or
any successor regulation.
``(2) Additional categorical exclusions.--Notwithstanding
any other provision of law, each of the following shall be
treated as a category of action categorically excluded from
the requirements relating to environmental assessments and
environmental impact statements under section 1501.4 of title
40, Code of Federal Regulations, or any successor regulation:
``(A) The provision by the Secretary of any Federal
financial assistance for a project described in section 9902,
if the facility that is
[[Page S3975]]
the subject of the project is on or adjacent to a site--
``(i) that is owned or leased by the covered entity to
which Federal financial assistance is provided for that
project; and
``(ii) on which, as of the date on which the Secretary
provides that Federal financial assistance, substantially
similar construction, expansion, or modernization is being or
has been carried out, such that the facility would not more
than double existing developed acreage or on-site supporting
infrastructure.
``(B) The provision by the Secretary of Defense of any
Federal financial assistance relating to--
``(i) the creation, expansion, or modernization of one or
more facilities described in the second sentence of section
9903(a)(1); or
``(ii) carrying out section 9903(b), as in effect on the
date of enactment of this subsection.
``(C) Any activity undertaken by the Secretary relating to
carrying out section 9906, as in effect on the date of
enactment of this subsection.
``(e) Incorporation of Prior Planning Decisions.--
``(1) Definition.--In this subsection, the term `prior
studies and decisions' means baseline data, planning
documents, studies, analyses, decisions, and documentation
that a Federal agency has completed for a project (or that
have been completed under the laws and procedures of a State
or Indian Tribe), including for determining the reasonable
range of alternatives for that project.
``(2) Reliance on prior studies and decisions.--In
completing an environmental review under NEPA for a covered
activity, the Secretary may consider and, as appropriate,
rely on or adopt prior studies and decisions, if the
Secretary determines that--
``(A) those prior studies and decisions meet the standards
for an adequate statement, assessment, or determination under
applicable procedures of the Department of Commerce
implementing the requirements of NEPA;
``(B) in the case of prior studies and decisions completed
under the laws and procedures of a State or Indian Tribe,
those laws and procedures are of equal or greater rigor than
those of each applicable Federal law, including NEPA,
implementing procedures of the Department of Commerce; or
``(C) if applicable, the prior studies and decisions are
informed by other analysis or documentation that would have
been prepared if the prior studies and decisions were
prepared by the Secretary under NEPA.
``(f) Definitions.--In this section:
``(1) Covered activity.--The term `covered activity' means
any activity relating to the construction, expansion, or
modernization of a facility, the investment in which is
eligible for Federal financial assistance under section 9902
or 9906.
``(2) NEPA.--The term `NEPA' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
SEC. 1090H. PROHIBITION OF DEMAND FOR BRIBE.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(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) the term `foreign official' means--
``(A)(i) any official or employee of a foreign government
or any department, agency, or instrumentality thereof; or
``(ii) any senior foreign political figure, as defined in
section 1010.605 of title 31, Code of Federal Regulations, or
any successor regulation;
``(B) any official or employee of a public international
organization;
``(C) any person acting in an official capacity for or on
behalf of--
``(i) a government, department, agency, or instrumentality
described in subparagraph (A)(i); or
``(ii) a public international organization; or
``(D) any person acting in an unofficial capacity for or on
behalf of--
``(i) a government, department, agency, or instrumentality
described in subparagraph (A)(i); or
``(ii) a public international organization; and
``(5) the term `public international organization' means--
``(A) an organization that is designated by Executive order
pursuant to section 1 of the International Organizations
Immunities Act (22 U.S.C. 288); or
``(B) any other international organization that is
designated by the President by Executive order for the
purposes of this section, effective as of the date of
publication of such order in the Federal Register.''; and
(2) by adding at the end the following:
``(f) Prohibition of Demand for a Bribe.--
``(1) Offense.--It shall be unlawful for any foreign
official or person selected to be a foreign official to
corruptly demand, seek, receive, accept, or agree to receive
or accept, directly or indirectly, anything of value
personally or for any other person or nongovernmental entity,
by making use of the mails or any means or instrumentality of
interstate commerce, from any person (as defined in section
104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C.
78dd-3), except that that definition shall be applied without
regard to whether the person is an offender) while in the
territory of the United States, from an issuer (as defined in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))), or from a domestic concern (as defined in
section 104 of the Foreign Corrupt Practices Act of 1977 (15
U.S.C. 78dd-2)), in return for--
``(A) being influenced in the performance of any official
act;
``(B) being induced to do or omit to do any act in
violation of the official duty of such foreign official or
person; or
``(C) conferring any improper advantage,
in connection with obtaining or retaining business for or
with, or directing business to, any person.
``(2) Penalties.--Any person who violates paragraph (1)
shall be fined not more than $250,000 or 3 times the monetary
equivalent of the thing of value, imprisoned for not more
than 15 years, or both.
``(3) Jurisdiction.--An offense under paragraph (1) shall
be subject to extraterritorial Federal jurisdiction.
``(4) Report.--Not later than 1 year after the date of
enactment of the Foreign Extortion Prevention Act, and
annually thereafter, the Attorney General, in consultation
with the Secretary of State as relevant, shall submit to the
Committee on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on the Judiciary
and the Committee on Foreign Affairs of the House of
Representatives, and post on the publicly available website
of the Department of Justice, a report--
``(A) focusing, in part, on demands by foreign officials
for bribes from entities domiciled or incorporated in the
United States, and the efforts of foreign governments to
prosecute such cases;
``(B) addressing United States diplomatic efforts to
protect entities domiciled or incorporated in the United
States from foreign bribery, and the effectiveness of those
efforts in protecting such entities;
``(C) summarizing major actions taken under this section in
the previous year, including enforcement actions taken and
penalties imposed;
``(D) evaluating the effectiveness of the Department of
Justice in enforcing this section; and
``(E) detailing what resources or legislative action the
Department of Justice needs to ensure adequate enforcement of
this section.
``(5) Rule of construction.--This subsection shall not be
construed as encompassing conduct that would violate section
30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1)
or section 104 or 104A of the Foreign Corrupt Practices Act
of 1977 (15 U.S.C. 78dd-2; 15 U.S.C. 78dd-3) whether pursuant
to a theory of direct liability, conspiracy, complicity, or
otherwise.''.
SEC. 1090I. STUDIES AND REPORTS ON TREATMENT OF SERVICE OF
CERTAIN MEMBERS OF THE ARMED FORCES WHO SERVED
IN FEMALE CULTURAL SUPPORT TEAMS.
(a) Findings.--Congress finds the following:
(1) In 2010, the Commander of United States Special
Operations Command established the Cultural Support Team
Program to overcome significant intelligence gaps during the
Global War on Terror.
(2) From 2010 through 2021, approximately 310 female
members, from every Armed Force, passed and were selected as
members of female cultural support teams, and deployed with
special operations forces.
(3) Members of female cultural support teams served
honorably, demonstrated commendable courage, overcame such
intelligence gaps, engaged in direct action, and suffered
casualties during the Global War on Terror.
(4) The Federal Government has a duty to recognize members
and veterans of female cultural support teams who volunteered
to join the Armed Forces, to undergo arduous training for
covered service, and to execute dangerous and classified
missions in the course of such covered service.
(5) Members who performed covered service have sought
treatment from the Department of Veterans Affairs for
traumatic brain injuries, post-traumatic stress, and
disabling physical trauma incurred in the course of such
covered service, but have been denied such care.
(b) Sense of Congress.--It is the Sense of Congress that--
(1) individuals who performed covered service performed
exceptional service to the United States; and
(2) the Secretary of Defense should ensure that the
performance of covered service is included in the military
service record of each individual who performed covered
service so that those with service-connected injuries can
receive proper care and benefits for their service.
(c) Secretary of Defense Study and Report.--
(1) In general.--Not later than March 31, 2024, the
Secretary of Defense shall--
(A) carry out a study on the treatment of covered service
for purposes of retired pay under laws administered by the
Secretary; and
(B) submit to the appropriate committees of Congress a
report on the findings of the Secretary with respect to the
study carried out under paragraph (1).
(2) List.--The report submitted under paragraph (1)(B)
shall include a list of each individual who performed covered
service whose military service record should be modified on
account of covered service.
(d) Secretary of Veterans Affairs Study and Report.--
[[Page S3976]]
(1) In general.--Not later than March 31, 2024, the
Secretary of Veterans Affairs shall--
(A) carry out a study on the treatment of covered service
for purposes of compensation under laws administered by the
Secretary; and
(B) submit to the appropriate committees of Congress a
report on the findings of the Secretary with respect to the
study carried out under paragraph (1).
(2) Contents.--The report submitted under paragraph (1)(B)
shall include the following:
(A) A list of each veteran who performed covered service
whose claim for disability compensation under a law
administered by the Secretary was denied due to the inability
of the Department of Veterans Affairs to determine the injury
was service-connected.
(B) An estimate of the cost that would be incurred by the
Department to provide veterans described in subparagraph (A)
with the health care and benefits they are entitled to under
the laws administered by the Secretary on account of their
covered service.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(2) Covered service.--The term ``covered service'' means
service--
(A) as a member of the Armed Forces;
(B) in a female cultural support team;
(C) with the personnel development skill identifier of R2J
or 5DK, or any other validation methods, such as valid sworn
statements, officer and enlisted performance evaluations,
training certificates, or records of an award from completion
of tour with a cultural support team; and
(D) during the period beginning on January 1, 2010, and
ending on August 31, 2021.
SEC. 1090J. GLOBAL COOPERATIVE FRAMEWORK TO END HUMAN RIGHTS
ABUSES IN SOURCING CRITICAL MINERALS.
(a) In General.--The Secretary of State shall seek to
convene a meeting of foreign leaders to establish a
multilateral framework to end human rights abuses, including
the exploitation of forced labor and child labor, related to
the mining and sourcing of critical minerals.
(b) Implementation Report.--The Secretary shall lead the
development of an annual global report on the implementation
of the framework under subsection (a), including progress and
recommendations to fully end human rights abuses, including
the exploitation of forced labor and child labor, related to
the extraction of critical minerals around the world.
(c) Consultations.--The Secretary shall consult closely on
a timely basis with the following with respect to developing
and implementing the framework under subsection (a):
(1) The Forced Labor Enforcement Task Force established
under section 741 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4681); and
(2) Congress.
(d) Relationship to United States Law.--Nothing in the
framework under subsection (a) shall be construed--
(1) to amend or modify any law of the United States; or
(2) to limit any authority conferred under any law of the
United States.
(e) Extractive Industries Transparency Initiative and
Certain Provisions of the Dodd-Frank Wall Street Reform and
Consumer Protection Act.--Nothing in this section shall--
(1) affect the authority of the President to take any
action to join and subsequently comply with the terms and
obligations of the Extractive Industries Transparency
Initiative (EITI); or
(2) affect section 1502 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (15 U.S.C. 78m note), or
subsection (q) of section 13 of the Securities Exchange Act
of 1934 (15 U.S.C. 78m), as added by section 1504 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203; 124 Stat. 2220), or any rule prescribed
under either such section.
(f) Critical Mineral Defined.--In this section, the term
``critical mineral'' has the meaning given the term in
section 7002(a) of the Energy Act of 2020 (30 U.S.C.
1606(a)).
SEC. 1090K. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
Section 484C(a) of the Higher Education Act of 1965 (20
U.S.C. 1091c(a)) is amended to read as follows:
``(a) Definition of Service in the Uniformed Services.--In
this section, the term `service in the uniformed services'
means service (whether voluntary or involuntary) on active
duty in the Armed Forces, including such service by a member
of the National Guard or Reserve.''.
Subtitle H--Drone Security
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone
Act of 2023''.
SEC. 1092. 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 and
published in the System for Award Management (SAM). 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. 1093. 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 related to the collection and
transmission of sensitive information (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 or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform in the House of
Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
SEC. 1094. PROHIBITION ON OPERATION OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
[[Page S3977]]
(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 operation 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 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 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 or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform in the House of
Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(g) Regulations and Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Attorney General
and the Secretary of Transportation, shall prescribe
regulations or guidance to implement this section.
SEC. 1095. PROHIBITION ON USE OF FEDERAL FUNDS FOR
PROCUREMENT 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 procure 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 or operation 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 or operational mission.
(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 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.
(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. 1096. 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. 1097. 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, as
determined by the Secretary of Homeland Security or the
Secretary's designee.
(c) Exceptions.--The Department of Defense, the Department
of Homeland Security, the Department of Justice, the
Department of Transportation, and the National Oceanic and
Atmospheric Administration 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. 1098. 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. 1099. 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
[[Page S3978]]
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 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. 1099A. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND
EMERGENCY SERVICE EXEMPTION.
(a) Rule of Construction.--Nothing in this subtitle shall
prevent a State, local, or territorial law enforcement or
emergency service agency from procuring or operating a
covered unmanned aircraft system purchased with non-Federal
dollars.
(b) Continuity of Arrangements.--The Federal Government may
continue entering into contracts, grants, and cooperative
agreements or other Federal funding instruments with State,
local, or territorial law enforcement or emergency service
agencies under which a covered unmanned aircraft system will
be purchased or operated if the agency has received approval
or waiver to purchase or operate a covered unmanned aircraft
system pursuant to section 1095.
SEC. 1099B. STUDY.
(a) Study on the Supply Chain for Unmanned Aircraft Systems
and Components.--
(1) Report required.--Not later than one year 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 defined.--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.
(E) The Committee on Transportation and Infrastructure of
the House of Representatives.
(F) The Committee on Homeland Security of the House of
Representatives.
SEC. 1099C. 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 and operation restrictions under
sections 1093, 1094, and 1095 to the extent the procurement
or operation 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 and
operation restrictions under sections 1093, 1094, and 1095 to
the extent the procurement or operation 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 1093,
1094, and 1095 to the extent the procurement or operation is
necessary for the purpose of supporting the full range of law
enforcement operations or search and rescue operations on
Indian lands.
SEC. 1099D. SUNSET.
Sections 1093, 1094, and 1095 shall cease to have effect on
the date that is five years after the date of the enactment
of this Act.
Subtitle I--Radiation Exposure Compensation Act
PART I--MANHATTAN PROJECT WASTE
SEC. 1099AA. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
(a) Short Title.--This section may be cited as the
``Radiation Exposure Compensation Expansion Act''.
(b) Claims Relating to Manhattan Project Waste.--The
Radiation Exposure Compensation Act (Public Law 101-426; 42
U.S.C. 2210 note) is amended by inserting after section 5 the
following:
``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
``(a) In General.--A claimant shall receive compensation
for a claim made under this Act, as described in subsection
(b) or (c), if--
``(1) a claim for compensation is filed with the Attorney
General--
``(A) by an individual described in paragraph (2); or
``(B) on behalf of that individual by an authorized agent
of that individual, if the individual is deceased or
incapacitated, such as--
``(i) an executor of estate of that individual; or
``(ii) a legal guardian or conservator of that individual;
``(2) that individual, or if applicable, an authorized
agent of that individual, demonstrates that the individual--
``(A) was physically present in an affected area for a
period of at least 2 years after January 1, 1949; and
``(B) contracted a specified disease after such period of
physical presence;
``(3) the Attorney General certifies that the identity of
that individual, and if applicable, the authorized agent of
that individual, is not fraudulent or otherwise
misrepresented; and
``(4) the Attorney General determines that the claimant has
satisfied the applicable requirements of this Act.
``(b) Losses Available to Living Affected Individuals.--
``(1) In general.--In the event of a claim qualifying for
compensation under subsection (a) that is submitted to the
Attorney General to be eligible for compensation under this
section at a time when the individual described in subsection
(a)(2) is living, the amount of compensation under this
section shall be in an amount that is the greater of $50,000
or the total amount of compensation for which the individual
is eligible under paragraph (2).
``(2) Losses due to medical expenses.--A claimant described
in paragraph (1) shall be eligible to receive, upon
submission of contemporaneous written medical records,
reports, or billing statements created by or at
[[Page S3979]]
the direction of a licensed medical professional who provided
contemporaneous medical care to the claimant, additional
compensation in the amount of all documented out-of-pocket
medical expenses incurred as a result of the specified
disease suffered by that claimant, such as any medical
expenses not covered, paid for, or reimbursed through--
``(A) any public or private health insurance;
``(B) any employee health insurance;
``(C) any workers' compensation program; or
``(D) any other public, private, or employee health program
or benefit.
``(c) Payments to Beneficiaries of Deceased Individuals.--
In the event that an individual described in subsection
(a)(2) who qualifies for compensation under subsection (a) is
deceased at the time of submission of the claim--
``(1) a surviving spouse may, upon submission of a claim
and records sufficient to satisfy the requirements of
subsection (a) with respect to the deceased individual,
receive compensation in the amount of $25,000; or
``(2) in the event that there is no surviving spouse, the
surviving children, minor or otherwise, of the deceased
individual may, upon submission of a claim and records
sufficient to satisfy the requirements of subsection (a) with
respect to the deceased individual, receive compensation in
the total amount of $25,000, paid in equal shares to each
surviving child.
``(d) Affected Area.--For purposes of this section, the
term `affected area' means, in the State of Missouri, the ZIP
Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114,
63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304,
63134, 63043, 63341, 63368, and 63367.
``(e) Specified Disease.--For purposes of this section, the
term `specified disease' means any of the following:
``(1) Any leukemia, other than chronic lymphocytic
leukemia, provided that the initial exposure occurred after
the age of 20 and the onset of the disease was at least 2
years after first exposure.
``(2) Any of the following diseases, provided that the
onset was at least 2 years after the initial exposure:
``(A) Multiple myeloma.
``(B) Lymphoma, other than Hodgkin's disease.
``(C) Type 1 or type 2 diabetes.
``(D) Systemic lupus erythematosus.
``(E) Multiple sclerosis.
``(F) Hashimoto's disease.
``(G) Primary cancer of the--
``(i) thyroid;
``(ii) male or female breast;
``(iii) esophagus;
``(iv) stomach;
``(v) pharynx;
``(vi) small intestine;
``(vii) pancreas;
``(viii) bile ducts;
``(ix) gall bladder;
``(x) salivary gland;
``(xi) urinary bladder;
``(xii) brain;
``(xiii) colon;
``(xiv) ovary;
``(xv) liver, except if cirrhosis or hepatitis B is
indicated;
``(xvi) lung;
``(xvii) bone; or
``(xviii) kidney.
``(f) Physical Presence.--For purposes of this section, the
Attorney General shall not determine that a claimant has
satisfied the requirements of subsection (a) unless
demonstrated by submission of contemporaneous written
residential documentation and at least one additional
employer-issued or government-issued document or record that
the claimant, for a period of at least 2 years after January
1, 1949, was physically present in an affected area.
``(g) Disease Contraction in Affected Areas.--For purposes
of this section, the Attorney General shall not determine
that a claimant has satisfied the requirements of subsection
(a) unless demonstrated by submission of contemporaneous
written medical records or reports created by or at the
direction of a licensed medical professional who provided
contemporaneous medical care to the claimant, that the
claimant, after such period of physical presence, contracted
a specified disease.''.
PART II--COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING
SEC. 1099BB. SHORT TITLE.
This part may be cited as the ``Radiation Exposure
Compensation Act Amendments of 2023''.
SEC. 1099CC. REFERENCES.
Except as otherwise specifically provided, whenever in this
part an amendment or repeal is expressed in terms of an
amendment to or repeal of a section or other provision of
law, the reference shall be considered to be made to a
section or other provision of the Radiation Exposure
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).
SEC. 1099DD. EXTENSION OF FUND.
Section 3(d) is amended--
(1) by striking the first sentence and inserting ``The Fund
shall terminate 19 years after the date of the enactment of
the Radiation Exposure Compensation Act Amendments of
2023.''; and
(2) by striking ``2-year'' and inserting ``19-year''.
SEC. 1099EE. CLAIMS RELATING TO ATMOSPHERIC TESTING.
(a) Leukemia Claims Relating to Trinity Test in New Mexico
and Tests at the Nevada Site and in the Pacific.--Section
4(a)(1)(A) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``October 31, 1958'' and
inserting ``November 6, 1962'';
(B) in subclause (II)--
(i) by striking ``in the affected area'' and inserting ``in
an affected area''; and
(ii) by striking ``or'' after the semicolon;
(C) by redesignating subclause (III) as subclause (V); and
(D) by inserting after subclause (II) the following:
``(III) was physically present in an affected area for a
period of at least 1 year during the period beginning on
September 24, 1944, and ending on November 6, 1962;
``(IV) was physically present in an affected area--
``(aa) for a period of at least 1 year during the period
beginning on July 1, 1946, and ending on November 6, 1962; or
``(bb) for the period beginning on April 25, 1962, and
ending on November 6, 1962; or''; and
(2) in clause (ii)(I), by striking ``physical presence
described in subclause (I) or (II) of clause (i) or onsite
participation described in clause (i)(III)'' and inserting
``physical presence described in subclause (I), (II), (III),
or (IV) of clause (i) or onsite participation described in
clause (i)(V)''.
(b) Amounts for Claims Related to Leukemia.--Section
4(a)(1) is amended--
(1) in subparagraph (A), by striking ``an amount'' and
inserting ``the amount''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Amount.--If the conditions described in subparagraph
(C) are met, an individual who is described in subparagraph
(A) shall receive $150,000.''.
(c) Conditions for Claims Related to Leukemia.--Section
4(a)(1)(C) is amended--
(1) by striking clause (i); and
(2) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively.
(d) Specified Diseases Claims Relating to Trinity Test in
New Mexico and Tests at the Nevada Site and in the Pacific.--
Section 4(a)(2) is amended--
(1) in subparagraph (A)--
(A) by striking ``in the affected area'' and inserting ``in
an affected area'';
(B) by striking ``2 years'' and inserting ``1 year''; and
(C) by striking ``October 31, 1958'' and inserting
``November 6, 1962'';
(2) in subparagraph (B)--
(A) by striking ``in the affected area'' and inserting ``in
an affected area''; and
(B) by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (E);
and
(4) by inserting after subparagraph (B) the following:
``(C) was physically present in an affected area for a
period of at least 1 year during the period beginning on
September 24, 1944, and ending on November 6, 1962;
``(D) was physically present in an affected area--
``(i) for a period of at least 1 year during the period
beginning on July 1, 1946, and ending on November 6, 1962; or
``(ii) for the period beginning on April 25, 1962, and
ending on November 6, 1962; or''.
(e) Amounts for Claims Related to Specified Diseases.--
Section 4(a)(2) is amended in the matter following
subparagraph (E) (as redesignated by subsection (d) of this
section) by striking ``$50,000 (in the case of an individual
described in subparagraph (A) or (B)) or $75,000 (in the case
of an individual described in subparagraph (C)),'' and
inserting ``$150,000''.
(f) Medical Benefits.--Section 4(a) is amended by adding at
the end the following:
``(5) Medical benefits.--An individual receiving a payment
under this section shall be eligible to receive medical
benefits in the same manner and to the same extent as an
individual eligible to receive medical benefits under section
3629 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384t).''.
(g) Downwind States.--Section 4(b)(1) is amended to read as
follows:
``(1) `affected area' means--
``(A) except as provided under subparagraphs (B) and (C),
Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah,
and Guam;
``(B) with respect to a claim by an individual under
subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only
New Mexico; and
``(C) with respect to a claim by an individual under
subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only
Guam.''.
(h) Chronic Lymphocytic Leukemia as a Specified Disease.--
Section 4(b)(2) is amended by striking ``other than chronic
lymphocytic leukemia'' and inserting ``including chronic
lymphocytic leukemia''.
SEC. 1099FF. CLAIMS RELATING TO URANIUM MINING.
(a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is
amended--
(1) by inserting ``(I)'' after ``(i)'';
(2) by striking ``December 31, 1971; and'' and inserting
``December 31, 1990; or''; and
(3) by adding at the end the following:
``(II) was employed as a core driller in a State referred
to in subclause (I) during the period described in such
subclause; and''.
(b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by
inserting ``or renal cancer or any other chronic renal
disease, including nephritis and kidney tubal tissue injury''
after ``nonmalignant respiratory disease''.
(c) Millers, Core Drillers, and Ore Transporters.--Section
5(a)(1)(A)(ii)(II) is amended--
[[Page S3980]]
(1) by inserting ``, core driller,'' after ``was a
miller'';
(2) by inserting ``, or was involved in remediation efforts
at such a uranium mine or uranium mill,'' after ``ore
transporter'';
(3) by inserting ``(I)'' after ``clause (i)''; and
(4) by striking all that follows ``nonmalignant respiratory
disease'' and inserting ``or renal cancer or any other
chronic renal disease, including nephritis and kidney tubal
tissue injury; or''.
(d) Combined Work Histories.--Section 5(a)(1)(A)(ii) is
further amended--
(1) by striking ``or'' at the end of subclause (I); and
(2) by adding at the end the following:
``(III)(aa) does not meet the conditions of subclause (I)
or (II);
``(bb) worked, during the period described in clause
(i)(I), in two or more of the following positions: miner,
miller, core driller, and ore transporter;
``(cc) meets the requirements of paragraph (4) or (5), or
both; and
``(dd) submits written medical documentation that the
individual developed lung cancer or a nonmalignant
respiratory disease or renal cancer or any other chronic
renal disease, including nephritis and kidney tubal tissue
injury after exposure to radiation through work in one or
more of the positions referred to in item (bb);''.
(e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A)
is amended by striking ``December 31, 1971'' and inserting
``December 31, 1990''.
(f) Special Rules Relating to Combined Work Histories.--
Section 5(a) is amended by adding at the end the following:
``(4) Special rule relating to combined work histories for
individuals with at least one year of experience.--An
individual meets the requirements of this paragraph if the
individual worked in one or more of the positions referred to
in paragraph (1)(A)(ii)(III)(bb) for a period of at least one
year during the period described in paragraph (1)(A)(i)(I).
``(5) Special rule relating to combined work histories for
miners.--An individual meets the requirements of this
paragraph if the individual, during the period described in
paragraph (1)(A)(i)(I), worked as a miner and was exposed to
such number of working level months that the Attorney General
determines, when combined with the exposure of such
individual to radiation through work as a miller, core
driller, or ore transporter during the period described in
paragraph (1)(A)(i)(I), results in such individual being
exposed to a total level of radiation that is greater or
equal to the level of exposure of an individual described in
paragraph (4).''.
(g) Definition of Core Driller.--Section 5(b) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the term `core driller' means any individual employed
to engage in the act or process of obtaining cylindrical rock
samples of uranium or vanadium by means of a borehole
drilling machine for the purpose of mining uranium or
vanadium.''.
SEC. 1099GG. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION
OF CLAIMS; REGULATIONS.
(a) Affidavits.--Section 6(b) is amended by adding at the
end the following:
``(3) Affidavits.--
``(A) Employment history.--For purposes of this Act, the
Attorney General shall accept a written affidavit or
declaration as evidence to substantiate the employment
history of an individual as a miner, miller, core driller, or
ore transporter if the affidavit--
``(i) is provided in addition to other material that may be
used to substantiate the employment history of the
individual;
``(ii) attests to the employment history of the individual;
``(iii) is made subject to penalty for perjury; and
``(iv) is made by a person other than the individual filing
the claim.
``(B) Physical presence in affected area.--For purposes of
this Act, the Attorney General shall accept a written
affidavit or declaration as evidence to substantiate an
individual's physical presence in an affected area during a
period described in section 4(a)(1)(A)(i) or section 4(a)(2)
if the affidavit--
``(i) is provided in addition to other material that may be
used to substantiate the individual's presence in an affected
area during that time period;
``(ii) attests to the individual's presence in an affected
area during that period;
``(iii) is made subject to penalty for perjury; and
``(iv) is made by a person other than the individual filing
the claim.
``(C) Participation at testing site.--For purposes of this
Act, the Attorney General shall accept a written affidavit or
declaration as evidence to substantiate an individual's
participation onsite in a test involving the atmospheric
detonation of a nuclear device if the affidavit--
``(i) is provided in addition to other material that may be
used to substantiate the individual's participation onsite in
a test involving the atmospheric detonation of a nuclear
device;
``(ii) attests to the individual's participation onsite in
a test involving the atmospheric detonation of a nuclear
device;
``(iii) is made subject to penalty for perjury; and
``(iv) is made by a person other than the individual filing
the claim.''.
(b) Technical and Conforming Amendments.--Section 6 is
amended--
(1) in subsection (b)(2)(C), by striking ``section
4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4''
and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B),
(a)(2)(C), or (a)(2)(D) of section 4''; and
(ii) in clause (i), by striking ``subsection (a)(1),
(a)(2)(A), or (a)(2)(B) of section 4'' and inserting
``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or
(a)(2)(D) of section 4''; and
(B) in subparagraph (B), by striking ``section 4(a)(2)(C)''
and inserting ``section 4(a)(2)(E)''; and
(3) in subsection (e), by striking ``subsection (a)(1),
(a)(2)(A), or (a)(2)(B) of section 4'' and inserting
``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or
(a)(2)(D) of section 4''.
(c) Regulations.--
(1) In general.--Section 6(k) is amended by adding at the
end the following: ``Not later than 180 days after the date
of enactment of the Radiation Exposure Compensation Act
Amendments of 2023, the Attorney General shall issue revised
regulations to carry out this Act.''.
(2) Considerations in revisions.--In issuing revised
regulations under section 6(k) of the Radiation Exposure
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note),
as amended under paragraph (1), the Attorney General shall
ensure that procedures with respect to the submission and
processing of claims under such Act take into account and
make allowances for the law, tradition, and customs of Indian
tribes, including by accepting as a record of proof of
physical presence for a claimant a grazing permit, a homesite
lease, a record of being a holder of a post office box, a
letter from an elected leader of an Indian tribe, or a record
of any recognized tribal association or organization.
SEC. 1099HH. LIMITATION ON CLAIMS.
(a) Extension of Filing Time.--Section 8(a) is amended--
(1) by striking ``2 years'' and inserting ``19 years''; and
(2) by striking ``2022'' and inserting ``2023''.
(b) Resubmittal of Claims.--Section 8(b) is amended to read
as follows:
``(b) Resubmittal of Claims.--
``(1) Denied claims.--After the date of enactment of the
Radiation Exposure Compensation Act Amendments of 2023, any
claimant who has been denied compensation under this Act may
resubmit a claim for consideration by the Attorney General in
accordance with this Act not more than three times. Any
resubmittal made before the date of the enactment of the
Radiation Exposure Compensation Act Amendments of 2023 shall
not be applied to the limitation under the preceding
sentence.
``(2) Previously successful claims.--
``(A) In general.--After the date of enactment of the
Radiation Exposure Compensation Act Amendments of 2023, any
claimant who received compensation under this Act may submit
a request to the Attorney General for additional compensation
and benefits. Such request shall contain--
``(i) the claimant's name, social security number, and date
of birth;
``(ii) the amount of award received under this Act before
the date of enactment of the Radiation Exposure Compensation
Act Amendments of 2023;
``(iii) any additional benefits and compensation sought
through such request; and
``(iv) any additional information required by the Attorney
General.
``(B) Additional compensation.--If the claimant received
compensation under this Act before the date of enactment of
the Radiation Exposure Compensation Act Amendments of 2023
and submits a request under subparagraph (A), the Attorney
General shall--
``(i) pay the claimant the amount that is equal to any
excess of--
``(I) the amount the claimant is eligible to receive under
this Act (as amended by the Radiation Exposure Compensation
Act Amendments of 2023); minus
``(II) the aggregate amount paid to the claimant under this
Act before the date of enactment of the Radiation Exposure
Compensation Act Amendments of 2023; and
``(ii) in any case in which the claimant was compensated
under section 4, provide the claimant with medical benefits
under section 4(a)(5).''.
SEC. 1099II. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF
URANIUM MINING AND MILLING.
(a) Definitions.--In this section--
(1) the term ``institution of higher education'' has the
meaning given under section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001);
(2) the term ``program'' means the grant program
established under subsection (b); and
(3) the term ``Secretary'' means the Secretary of Health
and Human Services.
(b) Establishment.--The Secretary shall establish a grant
program relating to the epidemiological impacts of uranium
mining and milling. Grants awarded under the program shall be
used for the study of the epidemiological impacts of uranium
mining and milling among non-occupationally exposed
[[Page S3981]]
individuals, including family members of uranium miners and
millers.
(c) Administration.--The Secretary shall administer the
program through the National Institute of Environmental
Health Sciences.
(d) Eligibility and Application.--Any institution of higher
education or nonprofit private entity shall be eligible to
apply for a grant. To apply for a grant an eligible
institution or entity shall submit to the Secretary an
application at such time, in such manner, and containing or
accompanied by such information as the Secretary may
reasonably require.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $3,000,000 for
each of fiscal years 2024 through 2026.
SEC. 1099JJ. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
(a) Covered Employees With Cancer.--Section 3621(9) of the
Energy Employees Occupational Illness Compensation Program
Act of 2000 (42 U.S.C. 7384l(9)) is amended by striking
subparagraph (A) and inserting the following:
``(A) An individual with a specified cancer who is a member
of the Special Exposure Cohort, if and only if--
``(i) that individual contracted that specified cancer
after beginning employment at a Department of Energy facility
(in the case of a Department of Energy employee or Department
of Energy contractor employee) or at an atomic weapons
employer facility (in the case of an atomic weapons
employee); or
``(ii) that individual--
``(I) contracted that specified cancer after beginning
employment in a uranium mine or uranium mill described under
section 5(a)(1)(A)(i) of the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note) (including any individual who was
employed in core drilling or the transport of uranium ore or
vanadium-uranium ore from such mine or mill) located in
Colorado, New Mexico, Arizona, Wyoming, South Dakota,
Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any
State the Attorney General makes a determination under
section 5(a)(2) of that Act for inclusion of eligibility
under section 5(a)(1) of that Act; and
``(II) was employed in a uranium mine or uranium mill
described under subclause (I) (including any individual who
was employed in core drilling or the transport of uranium ore
or vanadium-uranium ore from such mine or mill) at any time
during the period beginning on January 1, 1942, and ending on
December 31, 1990.''.
(b) Members of Special Exposure Cohort.--Section 3626 of
the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384q) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) The Advisory Board on Radiation and Worker Health
under section 3624 shall advise the President whether there
is a class of employees--
``(A) at any Department of Energy facility who likely were
exposed to radiation at that facility but for whom it is not
feasible to estimate with sufficient accuracy the radiation
dose they received; and
``(B) employed in a uranium mine or uranium mill described
under section 5(a)(1)(A)(i) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) (including any
individual who was employed in core drilling or the transport
of uranium ore or vanadium-uranium ore from such mine or
mill) located in Colorado, New Mexico, Arizona, Wyoming,
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon,
Texas, and any State the Attorney General makes a
determination under section 5(a)(2) of that Act for inclusion
of eligibility under section 5(a)(1) of that Act, at any time
during the period beginning on January 1, 1942, and ending on
December 31, 1990, who likely were exposed to radiation at
that mine or mill but for whom it is not feasible to estimate
with sufficient accuracy the radiation dose they received.'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Designation of Additional Members.--
``(1) Subject to the provisions of section 3621(14)(C), the
members of a class of employees at a Department of Energy
facility, or at an atomic weapons employer facility, may be
treated as members of the Special Exposure Cohort for
purposes of the compensation program if the President, upon
recommendation of the Advisory Board on Radiation and Worker
Health, determines that--
``(A) it is not feasible to estimate with sufficient
accuracy the radiation dose that the class received; and
``(B) there is a reasonable likelihood that such radiation
dose may have endangered the health of members of the class.
``(2) Subject to the provisions of section 3621(14)(C), the
members of a class of employees employed in a uranium mine or
uranium mill described under section 5(a)(1)(A)(i) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note)
(including any individual who was employed in core drilling
or the transport of uranium ore or vanadium-uranium ore from
such mine or mill) located in Colorado, New Mexico, Arizona,
Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota,
Oregon, Texas, and any State the Attorney General makes a
determination under section 5(a)(2) of that Act for inclusion
of eligibility under section 5(a)(1) of that Act, at any time
during the period beginning on January 1, 1942, and ending on
December 31, 1990, may be treated as members of the Special
Exposure Cohort for purposes of the compensation program if
the President, upon recommendation of the Advisory Board on
Radiation and Worker Health, determines that--
``(A) it is not feasible to estimate with sufficient
accuracy the radiation dose that the class received; and
``(B) there is a reasonable likelihood that such radiation
dose may have endangered the health of members of the
class.''.
Subtitle J--Crypto Assets
SEC. 1099AAA. CRYPTO ASSET ANTI-MONEY LAUNDERING EXAMINATION
STANDARDS.
Not later than 2 years after the date of enactment of this
Act, the Secretary of the Treasury, in consultation with the
Conference of State Bank Supervisors and Federal functional
regulators, as defined in section 1010.100 of title 31, Code
of Federal Regulations, shall establish a risk-focused
examination and review process for financial institutions, as
defined in that section, to assess the following relating to
crypto assets, as determined by the Secretary:
(1) The adequacy of reporting obligations and anti-money
laundering programs under subsections (g) and (h) of section
5318 of title 31, United States Code, respectively as applied
to those institutions.
(2) Compliance of those institutions with anti-money
laundering and countering the financing of terrorism
requirements under subchapter II of chapter 53 of title 31,
United States Code.
SEC. 1099BBB. COMBATING ANONYMOUS CRYPTO ASSET TRANSACTIONS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of the Treasury shall submit a report and
provide a briefing, as determined by the Secretary, to the
Committee on Banking, Housing and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives that assess the following issues:
(1) Categories of anonymity-enhancing technologies or
services used in connection with crypto assets, such as
mixers and tumblers, in use as of the date on which the
report is submitted.
(2) As data are available, estimates of the magnitude of
transactions related to the categories in paragraph (1) that
are believed to be connected, directly or indirectly, to
illicit finance, including crypto asset transaction volumes
associated with sanctioned entities and entities subject to
special measures pursuant to section 5318A of title 31,
United States Code, and a description of any limitations
applicable to the data used in such estimates.
(3) Categories of privacy-enhancing technologies or
services used in connection with crypto assets in use as of
the date on which the report is submitted.
(4) Legislative and regulatory approaches employed by other
jurisdictions relating to the technologies and services
described in paragraphs (1) and (3).
(5) Recommendations for legislation or regulation relating
to the technologies and services described in paragraphs (1)
and (3).
Subtitle K--Combating Cartels on Social Media Act of 2023
SEC. 1099AAAA. SHORT TITLE.
This subtitle may be cited as the ``Combating Cartels on
Social Media Act of 2023''.
SEC. 1099BBBB. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Foreign Relations of the Senate;
and
(B) the Committee on Homeland Security and the Committee on
Foreign Affairs of the House of Representatives.
(2) Covered operator.--The term ``covered operator'' means
the operator, developer, or publisher of a covered service.
(3) Covered service.--The term ``covered service'' means--
(A) a social media platform;
(B) a mobile or desktop service with direct or group
messaging capabilities, but not including text messaging
services without other substantial social functionalities or
electronic mail services, that the Secretary of Homeland
Security determines is being or has been used by
transnational criminal organizations in connection with
matters described in section 1093; and
(C) a digital platform, or an electronic application
utilizing the digital platform, involving real-time
interactive communication between multiple individuals,
including multi-player gaming services and immersive
technology platforms or applications, that the Secretary of
Homeland Security determines is being or has been used by
transnational criminal organizations in connection with
matters described in section 1093.
(4) Criminal enterprise.--The term ``criminal enterprise''
has the meaning given the term ``continuing criminal
enterprise'' in section 408 of the Controlled Substances Act
(21 U.S.C. 848).
(5) Illicit activities.--The term ``illicit activities''
means the following criminal activities that transcend
national borders:
(A) A violation of section 401 of the Controlled Substances
Act (21 U.S.C. 841).
[[Page S3982]]
(B) Narcotics trafficking, as defined in section 808 of the
Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907).
(C) Trafficking of weapons, as defined in section 922 of
title 18, United States Code.
(D) Migrant smuggling, defined as a violation of section
274(a)(1)(A)(ii) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A)(ii)).
(E) Human trafficking, defined as--
(i) a violation of section 1590, 1591, or 1592 of title 18,
United States Code; or
(ii) engaging in severe forms of trafficking in persons, as
defined in section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102).
(F) Cyber crime, defined as a violation of section 1030 of
title 18, United States Code.
(G) A violation of any provision that is subject to
intellectual property enforcement, as defined in section 302
of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (15 U.S.C. 8112).
(H) Bulk cash smuggling of currency, defined as a violation
of section 5332 of title 31, United States Code.
(I) Laundering the proceeds of the criminal activities
described in subparagraphs (A) through (H).
(6) Transnational criminal organization.--The term
``transnational criminal organization'' means groups,
networks, and associated individuals who operate
transnationally for the purposes of obtaining power,
influence, or monetary or commercial gain, wholly or in part
by certain illegal means, while advancing their activities
through a pattern of crime, corruption, or violence, and
while protecting their illegal activities through a
transnational organizational structure and the exploitation
of public corruption or transnational logistics, financial,
or communication mechanisms.
SEC. 1099CCCC. ASSESSMENT OF ILLICIT USAGE.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Homeland Security and the Secretary of
State shall submit to the appropriate congressional
committees a joint assessment describing--
(1) the use of covered services by transnational criminal
organizations, or criminal enterprises acting on behalf of
transnational criminal organizations, to engage in
recruitment efforts, including the recruitment of
individuals, including individuals under the age of 18,
located in the United States to engage in or provide support
with respect to illicit activities occurring in the United
States, Mexico, or otherwise in proximity to an international
boundary of the United States;
(2) the use of covered services by transnational criminal
organizations to engage in illicit activities or conduct in
support of illicit activities, including--
(A) smuggling or trafficking involving narcotics, other
controlled substances, precursors thereof, or other items
prohibited under the laws of the United States, Mexico, or
another relevant jurisdiction, including firearms;
(B) human smuggling or trafficking, including the
exploitation of children; and
(C) transportation of bulk currency or monetary instruments
in furtherance of smuggling activity; and
(3) the existing efforts of the Secretary of Homeland
Security, the Secretary of State, and relevant government and
law enforcement entities to counter, monitor, or otherwise
respond to the usage of covered services described in
paragraphs (1) and (2).
SEC. 1099DDDD. STRATEGY TO COMBAT CARTEL RECRUITMENT ON
SOCIAL MEDIA AND ONLINE PLATFORMS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security and
the Secretary of State shall submit to the appropriate
congressional committees a joint strategy, to be known as the
National Strategy to Combat Illicit Recruitment Activity by
Transnational Criminal Organizations on Social Media and
Online Platforms, to combat the use of covered services by
transnational criminal organizations, or criminal enterprises
acting on behalf of transnational criminal organizations, to
recruit individuals located in the United States to engage in
or provide support with respect to illicit activities
occurring in the United States, Mexico, or otherwise in
proximity to an international boundary of the United States.
(b) Elements.--
(1) In general.--The strategy required under subsection (a)
shall, at a minimum, include the following:
(A) A proposal to improve cooperation and thereafter
maintain cooperation between the Secretary of Homeland
Security, the Secretary of State, and relevant law
enforcement entities with respect to the matters described in
subsection (a).
(B) Recommendations to implement a process for the
voluntary reporting of information regarding the recruitment
efforts of transnational criminal organizations in the United
States involving covered services.
(C) A proposal to improve intragovernmental coordination
with respect to the matters described in subsection (a),
including between the Department of Homeland Security, the
Department of State, and State, Tribal, and local
governments.
(D) A proposal to improve coordination within the
Department of Homeland Security and the Department of State
and between the components of those Departments with respect
to the matters described in subsection (a).
(E) Activities to facilitate increased intelligence
analysis for law enforcement purposes of efforts of
transnational criminal organizations to utilize covered
services for recruitment to engage in or provide support with
respect to illicit activities.
(F) Activities to foster international partnerships and
enhance collaboration with foreign governments and, as
applicable, multilateral institutions with respect to the
matters described in subsection (a).
(G) Activities to specifically increase engagement and
outreach with youth in border communities, including
regarding the recruitment tactics of transnational criminal
organizations and the consequences of participation in
illicit activities.
(H) A detailed description of the measures used to ensure--
(i) law enforcement and intelligence activities focus on
the recruitment activities of transitional criminal
organizations not individuals the transnational criminal
organizations attempt to or successfully recruit; and
(ii) the privacy rights, civil rights, and civil liberties
protections in carrying out the activities described in
clause (i), with a particular focus on the protections in
place to protect minors and constitutionally protected
activities.
(2) Limitation.--The strategy required under subsection (a)
shall not include legislative recommendations or elements
predicated on the passage of legislation that is not enacted
as of the date on which the strategy is submitted under
subsection (a).
(c) Consultation.--In drafting and implementing the
strategy required under subsection (a), the Secretary of
Homeland Security and the Secretary of State shall, at a
minimum, consult and engage with--
(1) the heads of relevant components of the Department of
Homeland Security, including--
(A) the Under Secretary for Intelligence and Analysis;
(B) the Under Secretary for Strategy, Policy, and Plans;
(C) the Under Secretary for Science and Technology;
(D) the Commissioner of U.S. Customs and Border Protection;
(E) the Director of U.S. Immigration and Customs
Enforcement;
(F) the Officer for Civil Rights and Civil Liberties;
(G) the Privacy Officer; and
(H) the Assistant Secretary of the Office for State and
Local Law Enforcement;
(2) the heads of relevant components of the Department of
State, including--
(A) the Assistant Secretary for International Narcotics and
Law Enforcement Affairs;
(B) the Assistant Secretary for Western Hemisphere Affairs;
and
(C) the Coordinator of the Global Engagement Center;
(3) the Attorney General;
(4) the Secretary of Health and Human Services; and
(5) the Secretary of Education; and
(6) as selected by the Secretary of Homeland Security, or
his or her designee in the Office of Public Engagement,
representatives of border communities, including
representatives of--
(A) State, Tribal, and local governments, including school
districts and local law enforcement; and
(B) nongovernmental experts in the fields of--
(i) civil rights and civil liberties;
(ii) online privacy;
(iii) humanitarian assistance for migrants; and
(iv) youth outreach and rehabilitation.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees, the Secretary of
Homeland Security and the Secretary of State shall commence
implementation of the strategy.
(2) Report.--
(A) In general.--Not later than 180 days after the date on
which the strategy required under subsection (a) is
implemented under paragraph (1), and semiannually thereafter
for 5 years, the Secretary of Homeland Security and the
Secretary of State shall submit to the appropriate
congressional committees a joint report describing the
efforts of the Secretary of Homeland Security and the
Secretary of State to implement the strategy required under
subsection (a) and the progress of those efforts, which shall
include a description of--
(i) the recommendations, and corresponding implementation
of those recommendations, with respect to the matters
described in subsection (b)(1)(B);
(ii) the interagency posture with respect to the matters
covered by the strategy required under subsection (a), which
shall include a description of collaboration between the
Secretary of Homeland Security, the Secretary of State, other
Federal entities, State, local, and Tribal entities, and
foreign governments; and
(iii) the threat landscape, including new developments
related to the United States recruitment efforts of
transnational criminal organizations and the use by those
organizations of new or emergent covered services and
recruitment methods.
(B) Form.--Each report required under subparagraph (A)
shall be submitted in unclassified form, but may contain a
classified annex.
[[Page S3983]]
(3) Civil rights, civil liberties, and privacy
assessment.--Not later than 2 years after the date on which
the strategy required under subsection (a) is implemented
under paragraph (1), the Office for Civil Rights and Civil
Liberties and the Privacy Office of the Department of
Homeland Security shall submit to the appropriate
congressional committees a joint report that includes--
(A) a detailed assessment of the measures used to ensure
the protection of civil rights, civil liberties, and privacy
rights in carrying out this section; and
(B) recommendations to improve the implementation of the
strategy required under subsection (a).
(4) Rulemaking.--Prior to implementation of the strategy
required under subsection (a) at the Department of Homeland
Security, the Secretary of Homeland Security shall issue
rules to carry out this section in accordance with section
553 of title 5, United States Code.
SEC. 1099EEEE. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to expand the
statutory law enforcement or regulatory authority of the
Department of Homeland Security or the Department of State.
SEC. 1099FFFF. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for
the purpose of carrying out this subtitle.
TITLE XI--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND
NATIONAL EMPOWERMENT
SEC. 1101. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the
``Connecting Oceania's Nations with Vanguard Exercises and
National Empowerment'' or the ``CONVENE Act of 2023''.
(b) Table of Contents.--The table of contents for this
title is as follows:
TITLE XI--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND
NATIONAL EMPOWERMENT
Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. National security councils of specified countries.
SEC. 1102. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committees on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given
such term in section 101(a) of title 10, United States Code.
(3) National security council.--The term ``national
security council'' means, with respect to a specified
country, an intergovernmental body under the jurisdiction of
the freely elected government of the specified country that
acts as the primary coordinating entity for security
cooperation, disaster response, and the activities described
section 6103(f).
(4) Specified country.--The term ``specified country''
means--
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
SEC. 1103. NATIONAL SECURITY COUNCILS OF SPECIFIED COUNTRIES.
(a) In General.--The Secretary of State, in consultation
with other relevant Federal departments and agencies, as
appropriate, may consult and engage with each specified
country to advise and provide assistance to a national
security council (including by developing a national security
council, if appropriate), or to identify a similar
coordinating body for national security matters, comprised of
citizens of the specified country--
(1) that enables the specified country--
(A) to better coordinate with the United States Government,
including the Armed Forces, as appropriate;
(B) to increase cohesion on activities, including emergency
humanitarian response, law enforcement, and maritime security
activities; and
(C) to provide trained professionals to serve as members of
the committees of the specified country established under the
applicable Compact of Free Association; and
(2) for the purpose of enhancing resilience capabilities
and protecting the people, infrastructure, and territory of
the specified country from malign actions.
(b) Composition.--The Secretary of State, respecting the
unique needs of each specified country, may seek to ensure
that the national security council, or other identified
coordinating body, of the specified country is composed of
sufficient staff and members to enable the activities
described in subsection (f).
(c) Access to Sensitive Information.--The Secretary of
State, with the concurrence of the Director of National
Intelligence, may establish, as appropriate, for use by the
members and staff of the national security council, or other
identified coordinating body, of each specified country
standards and a process for vetting and sharing sensitive
information.
(d) Standards for Equipment and Services.--The Secretary of
State may work with the national security council, or other
identified coordinating body, of each specified country to
ensure that--
(1) the equipment and services used by the national
security council or other identified coordinating body are
compliant with security standards so as to minimize the risk
of cyberattacks or espionage;
(2) the national security council or other identified
coordinating body takes all reasonable efforts not to procure
or use systems, equipment, or software that originates from
any entity identified under section 1260H of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3965; 10
U.S.C. 113 note); and
(3) to the extent practicable, the equipment and services
used by the national security council or other identified
coordinating body are interoperable with the equipment and
services used by the national security councils, or other
identified coordinating bodies, of the other specified
countries.
(e) Report on Implementation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for two
years, the Secretary of State shall submit to the appropriate
committees of Congress a report that includes--
(A) an assessment as to whether a national security council
or a similar formal coordinating body is helping or would
help achieve the objectives described in subsection (a) at
acceptable financial and opportunity cost;
(B) a description of all actions taken by the United States
Government to assist in the identification or maintenance of
a national security council, or other identified coordinating
body, in each specified country;
(C) with respect to each specified country, an assessment
as to whether--
(i) the specified country has appropriately staffed its
national security council or other identified coordinating
body; and
(ii) the extent to which the national security council, or
other identified coordinating body, of the specified country
is capable of carrying out the activities described in
subsection (f);
(D) an assessment of--
(i) any challenge to cooperation and coordination with the
national security council, or other identified coordinating
body, of any specified country;
(ii) current efforts by the Secretary of State to
coordinate with the specified countries on the activities
described in subsection (f); and
(iii) existing governmental entities within each specified
country that are capable of supporting such activities;
(E) a description of any challenge with respect to--
(i) the implementation of the national security council, or
other identified coordinating body, of any specified country;
and
(ii) the implementation of subsections (a) through (d);
(F) an assessment of any attempt or campaign by a malign
actor to influence the political, security, or economic
policy of a specified country, a member of a national
security council or other identified coordinating body, or an
immediate family member of such a member; and
(G) any other matter the Secretary of State considers
relevant.
(2) Form.--Each report required by paragraph (1) may be
submitted in unclassified form and may include a classified
annex.
(f) Activities Described.--The activities described in this
subsection are the following:
(1) Homeland security activities.--
(A) Coordination of--
(i) the prosecution and investigation of transnational
criminal enterprises;
(ii) responses to national emergencies, such as natural
disasters;
(iii) counterintelligence and counter-coercion responses to
foreign threats; and
(iv) efforts to combat illegal, unreported, or unregulated
fishing.
(B) Coordination with United States Government officials on
humanitarian response, military exercises, law enforcement,
and other issues of security concern.
(C) Identification and development of an existing
governmental entity to support homeland defense and civil
support activities.
TITLE XII--CIVILIAN PERSONNEL MATTERS
SEC. 1201. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1102 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263), is further amended by striking ``through 2023'' and
inserting ``through 2024''.
SEC. 1202. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1103 of the
[[Page S3984]]
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263), is further amended by
striking ``2024'' and inserting ``2025''.
SEC. 1203. EXCLUSION OF POSITIONS IN NONAPPROPRIATED FUND
INSTRUMENTALITIES FROM LIMITATIONS ON DUAL PAY.
Section 5531(2) of title 5, United States Code, is amended
by striking ``Government corporation and'' and inserting
``Government corporation, but excluding''.
SEC. 1204. EXCEPTION TO LIMITATION ON NUMBER OF SENIOR
EXECUTIVE SERVICE POSITIONS FOR THE DEPARTMENT
OF DEFENSE.
Section 1109(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2449; 5
U.S.C. 3133 note) is amended by adding at the end the
following new paragraph:
``(3) Exception.--The limitation under this subsection
shall not apply to positions described in this subsection
that are fully funded through amounts appropriated to an
agency other than the Department of Defense.''.
SEC. 1205. REMOVAL OF WASHINGTON HEADQUARTERS SERVICES DIRECT
SUPPORT FROM PERSONNEL LIMITATION ON THE OFFICE
OF THE SECRETARY OF DEFENSE.
Section 143(b) of title 10, United States Code, is amended
by striking ``(including Direct Support Activities of that
Office and the Washington Headquarters Services of the
Department of Defense)''.
SEC. 1206. CONSOLIDATION OF DIRECT HIRE AUTHORITIES FOR
CANDIDATES WITH SPECIFIED DEGREES AT SCIENCE
AND TECHNOLOGY REINVENTION LABORATORIES.
Section 4091 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``bachelor's degree''
and inserting ``bachelor's or advanced degree'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Calendar
Year'' and inserting ``Fiscal Year'' ;
(B) in the matter preceding paragraph (1), by striking
``calendar year'' and inserting ``fiscal year'';
(C) in paragraph (1), by striking ``6 percent'' and
inserting ``11 percent''; and
(D) in paragraphs (1), (2), and (3), by striking ``the
fiscal year last ending before the start of such calendar
year'' and inserting ``the preceding fiscal year'';
(3) by striking subsection (f); and
(4) by redesignating subsection (g) as subsection (f).
SEC. 1207. EXPANSION AND EXTENSION OF DIRECT HIRE AUTHORITY
FOR CERTAIN PERSONNEL OF THE DEPARTMENT OF
DEFENSE.
Section 9905 of title 5, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraphs:
``(12) Any position in support of aircraft operations for
which the Secretary determines there is a critical hiring
need and shortage of candidates.
``(13) Any position in support of the safety of the public,
law enforcement, or first response for which the Secretary
determines there is a critical hiring need and shortage of
candidates.
``(14) Any position in support of the Office of the
Inspector General of the Department relating to oversight of
the conflict in Ukraine for which the Secretary determines
there is a critical hiring need and shortage of
candidates.''; and
(2) in subsection (b)(1), by striking ``September 30,
2025'' and inserting ``September 30, 2030''.
SEC. 1208. EXTENSION OF DIRECT HIRE AUTHORITY FOR THE
DEPARTMENT OF DEFENSE FOR POST-SECONDARY
STUDENTS AND RECENT GRADUATES.
Section 1106(d) of the National Defense Authorization Act
for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended
by striking ``September 30, 2025'' and inserting ``September
30, 2030''.
SEC. 1209. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC
INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND
TEST FACILITIES BASE.
Section 1125(a) of the National Defense Authorization Act
for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law
114-328) is amended by striking ``through 2025,'' and
inserting ``through 2028,''.
SEC. 1210. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT
SPACE FORCE SCHOOLS.
(a) In General.--Section 9371 of title 10, United States
Code, is amended--
(1) in the section heading, by inserting ``and Space Delta
13'' after ``Air University''
(2) in subsection (a), by inserting ``or of the Space Delta
13'' after ``Air University''; and
(3) in subsection (c)--
(A) in paragraphs (1), by inserting ``or of the Space Delta
13'' after ``Air University''; and
(B) in paragraph (2), by inserting ``or of the Space Delta
13'' after ``Air University''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 947 of such title is amended by striking
the item relating to section 9371 and inserting the following
new item:
``9371. Air University and Space Delta 13: civilian faculty members.''.
SEC. 1211. REPORT AND SUNSET RELATING TO INAPPLICABILITY OF
CERTIFICATION OF EXECUTIVE QUALIFICATIONS BY
QUALIFICATION REVIEW BOARDS OF OFFICE OF
PERSONNEL MANAGEMENT.
Section 1109 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (5 U.S.C. 3393 note)
is amended--
(1) in subsection (d)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraph (3)'' and inserting ``paragraph
(4)'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``paragraph (3)'' and inserting ``paragraph
(4)'';
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Additional report.--Not later than December 1, 2024,
the Secretary shall submit to the committees of Congress
specified in paragraph (4) and the Comptroller General of the
United States a report on the use of the authority provided
in this section. The report shall include the following:
``(A) The number and type of appointments made under this
section between August 13, 2018, and the date of the report.
``(B) Data on and an assessment of whether appointments
under the authority in this section reduced the time to hire
when compared with the time to hire under the review system
of the Office of Personnel Management in use as of the date
of the report.
``(C) An assessment of the utility of the appointment
authority and process under this section.
``(D) An assessment of whether the appointments made under
this section resulted in higher quality new executives for
the Senior Executive Service of the Department when compared
with the executives produced in the Department under the
review system in use between August 13, 2013, and August 13,
2018.
``(E) Any recommendation for the improvement of the
selection and qualification process for the Senior Executive
Service of the Department that the Secretary considers
necessary in order to attract and hire highly qualified
candidates for service in that Senior Executive Service.'';
and
(2) in subsection (e), by striking ``August 13, 2023'' and
inserting ``September 30, 2025''.
SEC. 1212. EXTENSION OF DATE OF FIRST EMPLOYMENT FOR
ACQUISITION OF COMPETITIVE STATUS FOR EMPLOYEES
OF INSPECTORS GENERAL FOR OVERSEAS CONTINGENCY
OPERATIONS.
Section 419(d)(5)(B) of title 5, United States Code, is
amended by striking ``2 years'' and inserting ``5 years''.
SEC. 1213. EXPANSION OF NONCOMPETITIVE APPOINTMENT
ELIGIBILITY TO SPOUSES OF DEPARTMENT OF DEFENSE
CIVILIANS.
(a) In General.--Section 3330d of title 5, United States
Code, is amended--
(1) in the section heading, by inserting ``and Department
of Defense civilian'' after ``military'';
(2) in subsection (a), by adding at the end the following:
``(4) The term `spouse of an employee of the Department of
Defense' means an individual who is married to an employee of
the Department of Defense who is transferred in the interest
of the Government from one official station within the
Department to another within the Department (that is outside
of normal commuting distance) for permanent duty.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) a spouse of an employee of the Department of
Defense.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter I of chapter 33 of title 5, United
States Code, is amended by striking the item relating to
section 3330d and inserting the following:
``3330d. Appointment of military and Department of Defense civilian
spouses.''.
(c) OPM Limitation and Reports.--
(1) Relocating spouses.--With respect to the noncompetitive
appointment of a relocating spouse of an employee of the
Department of Defense under paragraph (3) of section 3330d(b)
of title 5, United States Code, as added by subsection (a),
the Director of the Office of Personnel Management shall--
(A) monitor the number of those appointments;
(B) require the head of each agency with the authority to
make those appointments under that provision to submit to the
Director an annual report on those appointments, including
information on the number of individuals so appointed, the
types of positions filled, and the effectiveness of the
authority for those appointments; and
(C) not later than 18 months after the date of enactment of
this Act, submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives
a report on the use and effectiveness of the authority
described in subparagraph (B).
(2) Non-relocating spouses.--With respect to the
noncompetitive appointment of a spouse of an employee of the
Department of Defense other than a relocating spouse
described in paragraph (1), the Director of the Office of
Personnel Management--
(A) shall treat the spouse as a relocating spouse under
paragraph (1); and
(B) may limit the number of those appointments.
[[Page S3985]]
(d) Sunset.--Effective on December 31, 2028--
(1) the authority provided by this section, and the
amendments made by this section, shall expire; and
(2) the provisions of section 3330d of title 5, United
States Code, amended or repealed by this section are restored
or revived as if this section had not been enacted.
SEC. 1214. ELIMINATION OF GOVERNMENT ACCOUNTABILITY OFFICE
REVIEW REQUIREMENT RELATING TO DEPARTMENT OF
DEFENSE PERSONNEL AUTHORITIES.
Section 9902(h) of title 5, United States Code, is
amended--
(1) in paragraph (1)(B), by striking ``and the Comptroller
General,'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 1215. AMENDMENTS TO THE JOHN S. MCCAIN STRATEGIC DEFENSE
FELLOWS PROGRAM.
(a) Selection of Participants.--Subsection (d)(2) of
section 932 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 1580 note
prec.; Public Law 115-232) is amended to read as follows:
``(2) Geographical representation.--Out of the total number
of individuals selected to participate in the fellows program
in any year, not more than 20 percent may be from any of the
following geographic regions:
``(A) The Northeast United States.
``(B) The Southeast United States.
``(C) The Midwest United States.
``(D) The Southwest United States.
``(E) The Western United States.
``(F) Alaska, Hawaii, United States territories, and areas
outside the United States.''.
(b) Appointment and Career Development.--Such section is
further amended--
(1) in subsection (d)(3)--
(A) by striking ``assigned'' and inserting ``appointed'';
and
(B) by striking ``assignment'' and inserting
``appointment''; and
(2) by amending subsections (e) and (f) to read as follows:
``(e) Appointment During Participation in Fellows
Program.--
``(1) In general.--The Secretary of Defense shall appoint
each individual who participates in the fellows program to an
excepted service position in an element of the Department.
``(2) Placement opportunities.--Each year, the head of each
element of the Department shall submit to the Secretary an
identification of placement opportunities for participants in
the fellows program. Such placement opportunities shall
provide for leadership development and potential commencement
of a career track toward a position of senior leadership in
the Department.
``(3) Qualification requirements.--The Secretary, in
coordination with the heads of elements of the Department,
shall establish qualification requirements for the
appointment of participants under paragraph (1).
``(4) Matching qualifications, skills, and requirements.--
In making appointments under paragraph (1), the Secretary
shall seek to best match the qualifications and skills of the
participants with the requirements for positions available
for appointment.
``(5) Term.--The term of each appointment under the fellows
program shall be one year, but the Secretary may extend a
term of appointment up to one additional year.
``(6) Grade.--The Secretary shall appoint an individual
under paragraph (1) to a position at the level of GS-10, GS-
11, or GS-12 of the General Schedule based on the directly
related qualifications, skills, and professional experience
of the individual.
``(7) Education loan repayment.--To the extent that funds
are provided in advance in appropriations Acts, the Secretary
may repay a loan of a participant in the fellows program if
the loan is described by subparagraph (A), (B), or (C) of
section 16301(a)(1) of title 10, United States Code. Any
repayment of a loan under this paragraph may require a
minimum service agreement, as determined by the Secretary.
``(8) Element of the department defined.--In this
subsection, the term `element of the Department' means an
element of the Department specified in section 111(b) of
title 10, United States Code.
``(f) Career Development.--
``(1) In general.--The Secretary of Defense shall ensure
that participants in the fellows program--
``(A) receive career development opportunities and support
appropriate for the commencement of a career track within the
Department leading toward a future position of senior
leadership within the Department, including ongoing
mentorship support through appropriate personnel from
entities within the Department; and
``(B) are provided appropriate employment opportunities for
excepted service positions in the Department upon successful
completion of the fellows program.
``(2) Publication of selection.--The Secretary shall
publish, on an internet website of the Department available
to the public, the names of the individuals selected to
participate in the fellows program.''.
SEC. 1216. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT.
(a) Definition.--In this section, the term ``temporary
position'' means a position in the competitive or excepted
service for a period of 180 days or less.
(b) Pilot Project.--
(1) In general.--The Secretary of the Army shall carry out
a pilot project to establish a Civilian Cybersecurity
Reserve.
(2) Purpose.--The purpose of the Civilian Cybersecurity
Reserve is to enable the Army to provide manpower to the
United States Cyber Command to effectively--
(A) preempt, defeat, deter, or respond to malicious cyber
activity;
(B) conduct cyberspace operations;
(C) secure information and systems of the Department of
Defense against malicious cyber activity; and
(D) assist in solving cyber workforce-related challenges.
(3) Hiring authority.--In carrying out this section, the
Secretary may use any authority otherwise available to the
Secretary for the recruitment, employment, and retention of
civilian personnel within the Department, including authority
under section 1599f of title 10, United States Code.
(4) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-
discrimination in reemployment of individuals appointed under
this section, provided that such regulations shall include,
at a minimum, those rights and obligations set forth under
chapter 43 of title 38, United States Code.
(5) Status in reserve.--During the period beginning on the
date on which an individual is recruited to serve in the
Civilian Cybersecurity Reserve and ending on the date on
which the individual is appointed under this section, and
during any period in between any such appointments, the
individual shall not be considered a Federal employee.
(c) Eligibility; Application and Selection.--
(1) In general.--Under the pilot project required under
subsection (b)(1), the Secretary of the Army shall establish
criteria for--
(A) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(B) the application and selection processes for the
Civilian Cybersecurity Reserve.
(2) Requirements for individuals.--The criteria established
under paragraph (1)(A) with respect to an individual shall
include--
(A) if the individual has previously served as a member of
the Civilian Cybersecurity Reserve, that the previous
appointment ended not less than 60 days before the individual
may be appointed for a subsequent temporary position in the
Civilian Cybersecurity Reserve; and
(B) cybersecurity expertise.
(3) Prescreening.--The Secretary shall--
(A) conduct a prescreening of each individual prior to
appointment under this section for any topic or product that
would create a conflict of interest; and
(B) require each individual appointed under this section to
notify the Secretary if a potential conflict of interest
arises during the appointment.
(4) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Secretary to become such a
member, which shall set forth the rights and obligations of
the individual and the Army.
(5) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(6) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve
in the Civilian Cybersecurity Reserve.
(d) Security Clearances.--
(1) In general.--The Secretary of the Army shall ensure
that all members of the Civilian Cybersecurity Reserve
undergo the appropriate personnel vetting and adjudication
commensurate with the duties of the position, including a
determination of eligibility for access to classified
information where a security clearance is necessary,
according to applicable policy and authorities.
(2) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance
in order to carry out the duties of the member, the Army
shall be responsible for the cost of sponsoring the security
clearance of the member.
(e) Implementation Plan.--
(1) In general.--Not later than 180 days after the date on
which the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the report required
under section 1540(d)(2) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263) on the feasibility and advisability of creating and
maintaining a civilian cybersecurity reserve corps, the
Secretary of the Army shall--
(A) submit to the congressional defense committees an
implementation plan for the pilot project required under
subsection (b)(1); and
(B) provide to the congressional defense committees a
briefing on the implementation plan.
(2) Prohibition.--The Secretary of the Army may not take
any action to begin implementation of the pilot project
required under subsection (b)(1) until the Secretary fulfills
the requirements under paragraph (1).
(f) Project Guidance.--Not later than two years after the
date of the enactment of this
[[Page S3986]]
Act, the Secretary of the Army shall, in consultation with
the Office of Personnel Management and the Office of
Government Ethics, issue guidance establishing and
implementing the pilot project required under subsection
(b)(1).
(g) Briefings and Report.--
(1) Briefings.--Not later than one year after the date on
which the guidance required under subsection (f) is issued,
and every year thereafter until the date on which the pilot
project required under subsection (b)(1) terminates under
subsection (i), the Secretary of the Army shall provide to
the congressional defense committees a briefing on activities
carried out under the pilot project, including--
(A) participation in the Civilian Cybersecurity Reserve,
including the number of participants, the diversity of
participants, and any barriers to recruitment or retention of
members;
(B) an evaluation of the ethical requirements of the pilot
project;
(C) whether the Civilian Cybersecurity Reserve has been
effective in providing additional capacity to the Army; and
(D) an evaluation of the eligibility requirements for the
pilot project.
(2) Report.--Not earlier than 180 days and not later than
90 days before the date on which the pilot project required
under subsection (b)(1) terminates under subsection (i), the
Secretary shall submit to the congressional defense
committees a report and provide a briefing on recommendations
relating to the pilot project, including recommendations
for--
(A) whether the pilot project should be modified, extended
in duration, or established as a permanent program, and if
so, an appropriate scope for the program;
(B) how to attract participants, ensure a diversity of
participants, and address any barriers to recruitment or
retention of members of the Civilian Cybersecurity Reserve;
(C) the ethical requirements of the pilot project and the
effectiveness of mitigation efforts to address any conflict
of interest concerns; and
(D) an evaluation of the eligibility requirements for the
pilot project.
(h) Evaluation.--Not later than three years after the pilot
project required under subsection (b)(1) is established, the
Comptroller General of the United States shall--
(1) conduct a study evaluating the pilot project; and
(2) submit to Congress--
(A) a report on the results of the study; and
(B) a recommendation with respect to whether the pilot
project should be modified.
(i) Sunset.--The pilot project required under subsection
(b)(1) shall terminate on the date that is four years after
the date on which the pilot project is established.
TITLE XIII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1301. MIDDLE EAST INTEGRATED MARITIME DOMAIN AWARENESS
AND INTERDICTION CAPABILITY.
(a) In General.--The Secretary of Defense, using existing
authorities, shall seek to build upon the incorporation of
Israel into the area of responsibility of the United States
Central Command to develop a Middle East integrated maritime
domain awareness and interdiction capability for the purpose
of protecting the people, infrastructure, and territory of
such countries from--
(1) manned and unmanned naval systems, undersea warfare
capabilities, and anti-ship missiles of Iran and groups
affiliated with Iran; and
(2) violent extremist organizations, criminal networks, and
piracy activities that threaten lawful commerce in the
waterways within the area of responsibility of the United
States Naval Forces Central Command.
(b) Strategy.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress a strategy for the
cooperation described in subsection (a).
(2) Matters to be included.--The strategy required by
paragraph (1) shall include the following:
(A) An assessment of the threats posed to ally or partner
countries in the Middle East by--
(i) manned and unmanned naval systems, undersea warfare
capabilities, and anti-ship missiles of Iran and groups
affiliated with Iran; and
(ii) violent extremist organizations, criminal networks,
and piracy activities that threaten lawful commerce in the
waterways within the area of responsibility of the United
States Naval Forces Central Command.
(B) A description of existing multilateral maritime
partnerships currently led by the United States Naval Forces
Central Command, including the Combined Maritime Forces
(including its associated Task Forces 150, 151, 152, and
153), the International Maritime Security Construct, and the
Navy's Task Force 59, and a discussion of the role of such
partnerships in building an integrated maritime security
capability.
(C) A description of progress made in advancing the
integration of Israel into the existing multilateral maritime
partnerships described in subparagraph (B).
(D) A description of efforts among countries in the Middle
East to coordinate intelligence, reconnaissance, and
surveillance capabilities and indicators and warnings with
respect to the threats described in subparagraph (A), and a
description of any impediment to optimizing such efforts.
(E) A description of the current Department of Defense
systems that, in coordination with ally and partner countries
in the Middle East--
(i) provide awareness of and defend against such threats;
and
(ii) address current capability gaps.
(F) An explanation of the manner in which an integrated
maritime domain awareness and interdiction architecture would
improve collective security in the Middle East.
(G) A description of existing and planned efforts to engage
ally and partner countries in the Middle East in establishing
such an architecture.
(H) An identification of the elements of such an
architecture that may be acquired and operated by ally and
partner countries in the Middle East, and a list of such
elements for each such ally and partner.
(I) An identification of the elements of such an
architecture that may only be provided and operated by
members of the United States Armed Forces.
(J) An identification of any challenge to optimizing such
an architecture in the Middle East.
(K) An assessment of progress and key challenges in the
implementation of the strategy required by paragraph (1)
using the metrics identified in accordance with paragraph
(3).
(L) Recommendations for improvements in the implementation
of such strategy based on such metrics.
(M) An assessment of any capabilities or lessons from the
Navy's Task Force 59 that may be leveraged to support an
integrated maritime domain awareness and interdiction
capability in the Middle East.
(N) Any other matter the Secretary of Defense considers
relevant.
(3) Metrics.--The Secretary of Defense shall identify
metrics to assess progress in the implementation of the
strategy required by paragraph (1).
(4) Format.--The strategy required by paragraph (1) shall
be submitted in unclassified form but may include a
classified annex.
(c) Feasibility Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on the feasibility and advisability of establishing an
integrated maritime domain awareness and interdiction
capability to protect the people, infrastructure, and
territory of ally and partner countries in the Middle East
from--
(A) manned and unmanned naval systems, undersea warfare
capabilities, and anti-ship missiles of Iran and groups
affiliated with Iran; and
(B) violent extremist organizations, criminal networks, and
piracy activities that threaten lawful commerce in the
waterways of the Middle East.
(2) Elements.--The study required by paragraph (1) shall
include--
(A) an assessment of funds that could be contributed by
ally and partner countries of the United States; and
(B) a cost estimate of establishing such an integrated
maritime domain awareness and interdiction capability.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate committees of Congress a report on the
results of the study conducted under paragraph (1).
(d) Protection of Sensitive Information.--Any activity
carried out under this section shall be conducted in a manner
that appropriately protects sensitive information and the
national security interests of the United States.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1302. AUTHORITY TO PROVIDE MISSION TRAINING THROUGH
DISTRIBUTED SIMULATION.
(a) Authority for Training and Distribution.--To enhance
the interoperability and integration between the United
States Armed Forces and the military forces of friendly
foreign countries, the Secretary of Defense, with the
concurrence of the Secretary of State, is authorized--
(1) to provide to military personnel of a friendly foreign
government persistent advanced networked training and
exercise activities (in this section referred to as ``mission
training through distributed simulation''); and
(2) to provide information technology, including hardware
and computer software developed for mission training through
distributed simulation activities.
(b) Scope of Mission Training.--Mission training through
distributed simulation provided under subsection (a) may
include advanced distributed network training events and
computer-assisted exercises.
(c) Applicability of Export Control Authorities.--The
provision of mission training through distributed simulation
and information technology under this section shall be
subject to the Arms Export Control
[[Page S3987]]
Act (22 U.S.C. 2751 et seq.) and any other export control
authority under law relating to the transfer of military
technology to foreign countries.
(d) Guidance on Use of Authority.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense shall develop and issue guidance on the procedures
for the use of the authority provided in this section.
(e) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the use of mission training through distributed simulation by
military personnel of friendly foreign countries.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of ongoing mission training through
distributed simulation activities between the United States
Armed Forces and the military forces of friendly foreign
countries.
(B) A description of the current capabilities of the
military forces of friendly foreign countries to support
mission training through distributed simulation activities
with the United States Armed Forces.
(C) A description of the manner in which the Department
intends to use mission training through distributed
simulation activities to support implementation of the
National Defense Strategy, including in areas of
responsibility of the United States European Command and the
United States Indo-Pacific Command.
(D) Any recommendation of the Secretary of Defense for
legislative proposals or policy guidance regarding the use of
mission training through distributed simulation activities.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(f) Sunset.--The authority provided in this section shall
terminate on December 31, 2025.
SEC. 1303. INCREASE IN SMALL-SCALE CONSTRUCTION LIMIT AND
MODIFICATION OF AUTHORITY TO BUILD CAPACITY.
(a) Definition of Small-scale Construction.--Section 301(8)
of title 10, United States Code, is amended by striking
``$1,500,000'' and inserting ``$2,000,000''.
(b) Modification of Authority to Build Capacity.--
(1) In general.--Subsection (a) of section 333 of title 10,
United States Code, is amended--
(A) in paragraph (3), by inserting ``or other counter-
illicit trafficking operations'' before the period at the
end; and
(B) by adding at the end the following new paragraph:
``(10) Foreign internal defense operations.''.
(2) Increase in threshold for small-scale construction
projects requiring additional documentation.--Subsection
(e)(8) of such section is amended by striking ``$750,000''
and inserting ``$1,000,000''.
(3) Equipment disposition.--Such section is further amended
by adding at the end the following new subsection:
``(h) Equipment Disposition.--The Secretary of Defense may
treat as stocks of the Department of Defense--
``(1) equipment procured to carry out a program pursuant to
subsection (a) that has not yet been transferred to a foreign
country and is no longer needed to support such program or
any other program carried out pursuant to such subsection;
and
``(2) equipment that has been transferred to a foreign
country to carry out a program pursuant to subsection (a) and
is returned by the foreign country to the United States.''.
(4) International agreements.--Such section is further
amended by adding at the end the following new subsection:
``(i) International Agreements.--
``(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may--
``(A) allow a foreign country to provide sole-source
direction for assistance in support of a program carried out
pursuant to subsection (a); and
``(B) enter into an agreement with a foreign country to
provide such sole-source direction.
``(2) Notification.--Not later than 72 hours after the
Secretary of Defense enters into an agreement under paragraph
(1), the Secretary shall submit to the congressional defense
committees a written notification that includes the
following:
``(A) A description of the parameters of the agreement,
including types of support, objectives, and duration of
support and cooperation under the agreement.
``(B) A description and justification of any anticipated
use of sole-source direction pursuant to such agreement.
``(C) A determination as to whether the anticipated costs
to incurred under the agreement are fair and reasonable.
``(D) A certification that the agreement is in the national
security interests of the United States.
``(E) Any other matter relating to the agreement, as
determined by the Secretary of Defense.''.
(5) Foreign internal defense defined.--Such section is
further amended by adding at the end of the following new
subsection:
``(j) Foreign Internal Defense Defined.--In this section,
the term `foreign internal defense' has the meaning given
such term in the publication of the Chairman of the Joint
Chiefs of Staff entitled `Joint Publication 3-22 Foreign
Internal Defense' issued on August 17, 2018 and validated on
February 2, 2021.''.
SEC. 1304. EXTENSION OF LEGAL INSTITUTIONAL CAPACITY BUILDING
INITIATIVE FOR FOREIGN DEFENSE INSTITUTIONS.
Section 1210(e) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is
amended by striking ``December 31, 2024'' and inserting
``December 31, 2028''.
SEC. 1305. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 393) is amended by striking
``beginning on October 1, 2022, and ending on December 31,
2023'' and inserting ``beginning on October 1, 2023, and
ending on December 31, 2024''.
(b) Modification to Limitation.--Subsection (d)(1) of such
section is amended--
(1) by striking ``beginning on October 1, 2022, and ending
on December 31, 2023'' and inserting ``beginning on October
1, 2023, and ending on December 31, 2024''; and
(2) by striking ``$30,000,000'' and inserting
``$15,000,000''.
SEC. 1306. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE
SUPPORT FOR STABILIZATION ACTIVITIES IN
NATIONAL SECURITY INTEREST OF THE UNITED
STATES.
Section 1210A(h) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is
amended by striking ``December 31, 2023'' and inserting
``December 31, 2025''.
SEC. 1307. EXTENSION OF CROSS SERVICING AGREEMENTS FOR LOAN
OF PERSONNEL PROTECTION AND PERSONNEL
SURVIVABILITY EQUIPMENT IN COALITION
OPERATIONS.
Section 1207(f) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 10 U.S.C. 2342 note) is amended by
striking ``December 31, 2024'' and inserting ``December 31,
2029''.
SEC. 1308. LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL SECURITY COOPERATION PROGRAM.
Of the funds authorized to be appropriated by this Act for
fiscal year 2024 for operation and maintenance, Defense-wide,
and available for the Defense Security Cooperation Agency for
the International Security Cooperation Program, not more than
75 percent may be obligated or expended until the Secretary
of Defense submits the security cooperation strategy for each
covered combatant command required by section 1206 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1960).
SEC. 1309. MODIFICATION OF DEPARTMENT OF DEFENSE SECURITY
COOPERATION WORKFORCE DEVELOPMENT.
Section 384 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``The Program'' and inserting the
following:
``(1) In general.--The Program''; and
(B) by adding at the end the following new paragraphs:
``(2) Managing entity.--
``(A) Designation.--The Secretary of Defense, acting
through the Under Secretary of Defense for Policy and the
Director of the Defense Security Cooperation Agency, shall
designate an entity within the Department of Defense to serve
as the lead entity for managing the implementation of the
Program.
``(B) Duties.--The entity designated under subparagraph (A)
shall carry out the management and implementation of the
Program, consistent with objectives formulated by the
Secretary of Defense, which shall include the following:
``(i) Providing for comprehensive tracking of and
accounting for all Department of Defense employees engaged in
the security cooperation enterprise.
``(ii) Providing training requirements specified at the
requisite proficiency levels for each position.
``(C) Reporting.--The Secretary of Defense shall ensure
that, not less frequently than annually, each military
department, combatant command, defense agency, and any other
entity involved in managing the security cooperation
workforce submits to the entity designated under subparagraph
(A) a report containing information necessary for the
management and career development of the security cooperation
workforce, as determined by the Director of the Defense
Security Cooperation Agency.
``(3) Security cooperation workforce management information
system.--The Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency, shall
prescribe regulations to ensure that each military
department, combatant
[[Page S3988]]
command, and defense agency provides standardized information
and data to the Secretary on persons serving in positions
within the security cooperation workforce.'';
(2) in subsection (e), by adding at the end the following
new paragraph:
``(4) Updated guidance.--
``(A) In general.--Not later than 270 days after the date
of the enactment of this paragraph, and biannually thereafter
through fiscal year 2028, the Secretary of Defense, in
coordination with the Secretary of State, shall issue updated
guidance for the execution and administration of the Program.
``(B) Scope.--The updated guidance required by subparagraph
(A) shall--
``(i) fulfill each requirement set forth in paragraph (3),
as appropriate; and
``(ii) include an identification of the manner in which the
Department of Defense shall ensure that personnel assigned to
security cooperation offices within embassies of the United
States are trained and managed to a level of proficiency that
is at least equal to the level of proficiency provided to the
attache workforce by the Defense Attache Service.'';
(3) by redesignating subsections (f) through (h) as
subsections (h) through (j), respectively; and
(4) by inserting after subsection (e) the following new
subsections (f) and (g):
``(f) Foreign Military Sales Center of Excellence.--
``(1) Establishment.--The Secretary of Defense shall direct
an existing schoolhouse within the Department of Defense to
serve as a Foreign Military Sales Center of Excellence to
improve the training and education of personnel engaged in
foreign military sales planning and execution.
``(2) Objectives.--The objectives of the Foreign Military
Sales Center of Excellence shall include--
``(A) conducting research on and promoting best practices
for ensuring that foreign military sales are timely and
effective; and
``(B) enhancing existing curricula for the purpose of
ensuring that the foreign military sales workforce is fully
trained and prepared to execute the foreign military sales
program.
``(g) Defense Security Cooperation University.--
``(1) Charter.--The Secretary of Defense shall develop and
promulgate a charter for the operation of the Defense
Security Cooperation University.
``(2) Mission.--The charter required by paragraph (1) shall
set forth the mission, and associated structures and
organizations, of the Defense Security Cooperation
University, which shall include--
``(A) management and implementation of international
military training and education security cooperation programs
and authorities executed by the Department of Defense;
``(B) management and provision of institutional capacity-
building services executed by the Department of Defense; and
``(C) advancement of the profession of security cooperation
through research, data collection, analysis, publication, and
learning.
``(3) Cooperative research and development arrangements.--
``(A) In general.--In engaging in research and development
projects pursuant to subsection (a) of section 4001 of this
title by a contract, cooperative agreement, or grant pursuant
to subsection (b)(1) of such section, the Secretary of
Defense may enter into such contract or cooperative
agreement, or award such grant, through the Defense Security
Cooperation University.
``(B) Treatment as government-operated federal
laboratory.--The Defense Security Cooperation University
shall be considered a Government-operated Federal laboratory
for purposes of section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a).
``(4) Acceptance of research grants.--
``(A) In general.--The Secretary of Defense, through the
Under Secretary of Defense for Policy, may authorize the
President of the Defense Security Cooperation University to
accept qualifying research grants. Any such grant may only be
accepted if the work under the grant is to be carried out by
a professor or instructor of the Defense Security Cooperation
University for a scientific, literary, or educational
purpose.
``(B) Qualifying grants.--A qualifying research grant under
this paragraph is a grant that is awarded on a competitive
basis by an entity described in subparagraph (C) for a
research project with a scientific, literary, or educational
purpose.
``(C) Entities from which grants may be accepted.--A grant
may be accepted under this paragraph only from a corporation,
fund, foundation, educational institution, or similar entity
that is organized and operated primarily for scientific,
literary, or educational purposes.
``(D) Administration of grant funds.--The Director of the
Defense Security Cooperation Agency shall establish an
account for administering funds received as research grants
under this section. The President of the Defense Security
Cooperation University shall use the funds in the account in
accordance with applicable provisions of the regulations and
the terms and condition of the grants received.
``(E) Related expenses.--Subject to such limitations as may
be provided in appropriations Acts, appropriations available
for the Defense Security Cooperation University may be used
to pay expenses incurred by the Defense Security Cooperation
University in applying for, and otherwise pursuing, the award
of qualifying research grants.
``(F) Regulations.--The Secretary of Defense, through the
Under Secretary of Defense for Policy, shall prescribe
regulations for the administration of this section.''.
SEC. 1310. MODIFICATION OF AUTHORITY TO PROVIDE SUPPORT TO
CERTAIN GOVERNMENTS FOR BORDER SECURITY
OPERATIONS.
Section 1226(a)(1) of the National Defense Authorization
Act for Fiscal Year 2016 (22 U.S.C. 2151 note) is amended by
adding at the end the following:
``(G) To the Government of Tajikistan for purposes of
supporting and enhancing efforts of the armed forces of
Tajikistan to increase security and sustain increased
security along the border of Tajikistan and Afghanistan.
``(H) To the Government of Uzbekistan for purposes of
supporting and enhancing efforts of the armed forces of
Uzbekistan to increase security and sustain increased
security along the border of Uzbekistan and Afghanistan.
``(I) To the Government of Turkmenistan for purposes of
supporting and enhancing efforts of the armed forces of
Turkmenistan to increase security and sustain increased
security along the border of Turkmenistan and Afghanistan.''.
SEC. 1311. MODIFICATION OF DEFENSE OPERATIONAL RESILIENCE
INTERNATIONAL COOPERATION PILOT PROGRAM.
Section 1212 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263;
136 Stat. 2834; 10 U.S.C. 311 note) is amended--
(1) in subsection (a), by striking ``military forces'' and
inserting ``national security forces'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``military-to-military
relationships'' and inserting ``relationships with the
national security forces of partner countries''; and
(ii) in subparagraph (C), by striking ``military forces''
and inserting ``national security forces''; and
(B) by adding at the end the following new paragraph:
``(4) Sustainment and non-lethal assistance.--A program
under subsection (a) may include the provision of sustainment
and non-lethal assistance, including training, defense
services, supplies (including consumables), and small-scale
construction (as such terms are defined in section 301 of
title 10, United States Code).'';
(3) in subsection (e)(3)(A), by striking ``military force''
and inserting ``national security forces''; and
(4) by adding at the end the following new subsection:
``(g) National Security Forces Defined.--In this section,
the term `national security forces' has the meaning given the
term in section 301 of title 10, United States Code.''.
SEC. 1312. ASSISTANCE TO ISRAEL FOR AERIAL REFUELING.
(a) Training Israeli Pilots to Operate KC-46 Aircraft.--
(1) In general.--The Secretary of the Air Force shall--
(A) make available sufficient resources and accommodations
within the United States to train members of the Israeli Air
Force on the operation of KC-46 aircraft;
(B) conduct training for members of the Israeli Air Force,
including--
(i) training for pilots and crew on the operation of the
KC-46 aircraft in accordance with standards considered
sufficient to conduct coalition operations of the United
States Air Force and the Israeli Air Force; and
(ii) training for ground personnel on the maintenance and
sustainment requirements of the KC-46 aircraft considered
sufficient for such operations; and
(C) conduct the timing of such training so as to ensure
that the first group of trainee members of the Israeli Air
Force is anticipated to complete the training not later than
2 weeks after the date on which the first KC-46 aircraft is
delivered to Israel.
(2) United states air force military personnel exchange
program.--The Secretary of Defense shall, with respect to
members of the Israeli Air Force associated with the
operation of KC-46 aircraft--
(A) before the completion of the training required by
paragraph (1)(B), authorize the participation of such members
of the Israeli Air Force in the United States Air Force
Military Personnel Exchange Program;
(B) make available billets in the United States Air Force
Military Personnel Exchange Program necessary for such
members of the Israeli Air Force to participate in such
program; and
(C) to the extent practicable, ensure that such members of
the Israeli Air Force are able to participate in the United
States Air Force Military Personnel Exchange Program
immediately after such members complete such training.
(3) Termination.--This subsection shall cease to have
effect on the date that is ten years after the date of the
enactment of this Act.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives a briefing that includes the
following:
(1) An assessment of--
(A) the current operational requirements of the Government
of Israel for aerial refueling; and
[[Page S3989]]
(B) any gaps in current or near-term capabilities.
(2) The estimated date of delivery to Israel of KC-46
aircraft procured by the Government of Israel.
(3) A detailed description of--
(A) any actions the United States Government is taking to
expedite the delivery to Israel of KC-46 aircraft procured by
the Government of Israel, while minimizing adverse impacts to
United States defense readiness, including strategic forces
readiness;
(B) any additional actions the United States Government
could take to expedite such delivery; and
(C) additional authorities Congress could provide to help
expedite such delivery.
(4) A description of the availability of any United States
aerial refueling tanker aircraft that is retired or is
expected to be retired during the two-year period beginning
on the date of the enactment of this Act that could be
provided to Israel.
(c) Forward Deployment of United States KC-46 Aircraft to
Israel.--
(1) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives a briefing that describes the
capacity of and requirements for the United States Air Force
to forward deploy KC-46 aircraft to Israel on a rotational
basis until the date on which a KC-46 aircraft procured by
the Government of Israel is commissioned into the Israeli Air
Force and achieves full combat capability.
(2) Rotational forces.--
(A) In general.--Subject to subparagraphs (B) and (C), the
Secretary of Defense shall, consistent with maintaining
United States defense readiness, rotationally deploy one or
more KC-46 aircraft to Israel until the earlier of--
(i) the date on which a KC-46 aircraft procured by the
military forces of Israel is commissioned into such military
forces and achieves full combat capability; or
(ii) five years after the date of the enactment of this
Act.
(B) Limitation.--The Secretary of Defense may only carry
out a rotational deployment under subparagraph (A) if the
Government of Israel consents to the deployment.
(C) Presence.--The Secretary of Defense shall consult with
the Government of Israel to determine the length of
rotational deployments of United States KC-46 aircraft to
Israel until the applicable date under subparagraph (A).
SEC. 1313. REPORT ON COORDINATION WITH PRIVATE ENTITIES AND
STATE GOVERNMENTS WITH RESPECT TO THE STATE
PARTNERSHIP PROGRAM.
(a) In General.-- The Secretary of Defense shall submit to
Congress a report on the feasibility of coordinating with
private entities and State governments to provide resources
and personnel to support technical exchanges under the
Department of Defense State Partnership Program established
under section 341 of title 10, United States Code.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An analysis of the limitations of the State Partnership
Program.
(2) The types of personnel and expertise that could be
helpful to partner country participants in the State
Partnership Program.
(3) Any authority needed to leverage such expertise from
private entities and State governments, as applicable.
Subtitle B--Matters Relating to Syria, Iraq, and Iran
SEC. 1321. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND
INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3541) is amended, in the matter preceding paragraph
(1), by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
(b) Limitation on Cost of Construction and Repair
Projects.--Subsection (l)(3) of such section is amended--
(1) in subparagraph (A), by striking ``The President'' and
all that follows through ``if the President'' and inserting
``The Secretary of Defense may waive the limitations under
paragraph (1) for the purposes of providing support under
subsection (a)(4) if the Secretary'';
(2) by striking subparagraph (B);
(3) in subparagraph (C), by striking ``as required by
subparagraph (B)(ii)(I)'';
(4) in subparagraph (D), by striking ``December 31, 2023''
and inserting ``December 31, 2024''; and
(5) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
SEC. 1322. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND
ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year
2012 (10 U.S.C. 113 note) is amended--
(1) by striking ``fiscal year 2023'' and inserting ``fiscal
year 2024''; and
(2) by striking ``$25,000,000'' and inserting
``$18,000,000''.
(b) Source of Funds.--Subsection (d) of such section is
amended by striking ``fiscal year 2023'' and inserting
``fiscal year 2024''.
SEC. 1323. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ
AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3559) is amended, in the matter preceding paragraph
(1)--
(1) by inserting ``equipment and training to counter
threats from unmanned aerial systems,'' before ``and
sustainment''; and
(2) by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
(b) Funding.--Subsection (g) of such section is amended by
striking ``Overseas Contingency Operations for fiscal year
2023, there are authorized to be appropriated $358,000,000''
and inserting ``fiscal year 2024, there is authorized to be
appropriated $241,950,000''.
(c) Foreign Contributions.--Subsection (h) of such section
is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) Use of contributions.--The limitations on costs under
subsections (a) and (m) shall not apply with respect to the
expenditure of foreign contributions in excess of such
limitations.''.
(d) Waiver Authority.--Subsection (o) of such section is
amended--
(1) in paragraph (1), by striking ``The President'' and all
that follows through ``if the President'' and inserting ``The
Secretary of Defense may waive the limitations on costs under
subsection (a) or (m) if the Secretary'';
(2) by striking paragraph (3);
(3) in paragraph (4), by striking ``as required by
paragraph (3)(B)(i)'';
(4) in paragraph (5), by striking ``December 31, 2023'' and
inserting ``December 31, 2024''; and
(5) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(e) Notification of Provision of Counter Unmanned Aerial
Systems Training and Assistance.--Such section is further
amended by adding at the end the following new subsection:
``(p) Notification of Provision of Counter Unmanned Aerial
Systems Training and Assistance.--
``(1) In general.--Not later than 30 days after providing
assistance under this section for countering threats from
unmanned aerial systems, the Secretary of Defense shall
notify the appropriate congressional committees of such
provision of assistance.
``(2) Elements.--The notification required by paragraph (1)
shall include the following:
``(A) An identification of the military forces being
provided such assistance.
``(B) A description of the type of such assistance,
including the types of training and equipment, being
provided.''.
SEC. 1324. BRIEFING ON NUCLEAR CAPABILITY OF IRAN.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall provide the
Committees on Armed Services of the Senate and the House of
Representatives with--
(1) a briefing on--
(A) threats to global security posed by the nuclear weapon
capability of Iran; and
(B) progress made by Iran in enriching uranium at levels
proximate to or exceeding weapons grade; and
(2) recommendations for actions the United States may take
to ensure that Iran does not acquire a nuclear weapon
capability.
SEC. 1325. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR
DETAINED ISIS MEMBERS AND RELEVANT POPULATIONS
IN SYRIA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, the
Committee on Banking, Housing, and Urban Affairs, the Select
Committee on Intelligence, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, the
Committee on Financial Services, the Permanent Select
Committee on Intelligence, and the Committee on
Appropriations of the House of Representatives.
(2) ISIS member.--The term ``ISIS member'' means a person
who was part of, or substantially supported, the Islamic
State in Iraq and Syria.
(3) Senior coordinator.--The term ``Senior Coordinator''
means the coordinator for detained ISIS members and relevant
displaced populations in Syria designated under subsection
(a) of section 1224 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642), as
amended by subsection (d).
(b) Sense of Congress.--
It is the sense of Congress that--
(A) ISIS detainees held by the Syrian Democratic Forces and
ISIS-affiliated individuals located within displaced persons
camps in Syria pose a significant and growing humanitarian
challenge and security threat to the region;
(B) the vast majority of individuals held in displaced
persons camps in Syria are women
[[Page S3990]]
and children, approximately 50 percent of whom are under the
age of 12 at the al-Hol camp, and they face significant
threats of violence and radicalization, as well as lacking
access to adequate sanitation and health care facilities;
(C) there is an urgent need to seek a sustainable solution
to such camps through repatriation and reintegration of the
inhabitants;
(D) the United States should work closely with
international allies and partners to facilitate the
repatriation and reintegration efforts required to provide a
long-term solution for such camps and prevent the resurgence
of ISIS; and
(E) if left unaddressed, such camps will continue to be
drivers of instability that jeopardize the long-term
prospects for peace and stability in the region.
(c) Statement of Policy.--It is the policy of the United
States that--
(1) ISIS-affiliated individuals located within displacement
camps in Syria, and other inhabitants of displacement camps
in Syria, be repatriated and, where appropriate, prosecuted,
or where possible, reintegrated into their country of origin,
consistent with all relevant domestic laws and applicable
international laws prohibiting refoulement; and
(2) the camps will be closed as soon as is practicable.
(d) Modification of Establishment of Coordinator for
Detained ISIS Members and Relevant Displaced Populations in
Syria.--Section 1224 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642)
is amended--
(1) by striking subsection (a);
(2) by amending subsection (b) to read as follows:
``(a) Designation.--
``(1) In general.--The President, in consultation with the
Secretary of Defense, the Secretary of State, the Director of
National Intelligence, the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, and the Attorney General, shall designate an
existing official to serve within the executive branch as
senior-level coordinator to coordinate, in conjunction with
other relevant agencies, matters related to ISIS members who
are in the custody of the Syrian Democratic Forces and other
relevant displaced populations in Syria, including--
``(A) by engaging foreign partners to support the
repatriation and disposition of such individuals, including
by encouraging foreign partners to repatriate, transfer,
investigate, and prosecute such ISIS members, and share
information;
``(B) coordination of all multilateral and international
engagements led by the Department of State and other agencies
that are related to the current and future handling,
detention, and prosecution of such ISIS members;
``(C) the funding and coordination of the provision of
technical and other assistance to foreign countries to aid in
the successful investigation and prosecution of such ISIS
members, as appropriate, in accordance with relevant domestic
laws, international humanitarian law, and other
internationally recognized human rights and rule of law
standards;
``(D) coordination of all multilateral and international
engagements related to humanitarian access and provision of
basic services to, and freedom of movement and security and
safe return of, displaced persons at camps or facilities in
Syria that hold family members of such ISIS members;
``(E) coordination with relevant agencies on matters
described in this section; and
``(F) any other matter the President considers relevant.
``(2) Rule of construction.--If, on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2024, an individual has already been designated,
consistent with the requirements and responsibilities
described in paragraph (1), the requirements under that
paragraph shall be considered to be satisfied with respect to
such individual until the date on which such individual no
longer serves as the Senior Coordinator.'';
(3) in subsection (c), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(4) in subsection (d), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(5) in subsection (e), by striking ``January 31, 2021'' and
inserting ``January 31, 2025'';
(6) in subsection (f)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Senior coordinator.--The term `Senior Coordinator'
means the individual designated under subsection (a).''; and
(C) by adding at the end the following new paragraph:
``(4) Relevant agencies.--The term `relevant agencies'
means--
``(A) the Department of State;
``(B) the Department of Defense;
``(C) the Department of the Treasury;
``(D) the Department of Justice;
``(E) the United States Agency for International
Development;
``(F) the Office of the Director of National Intelligence;
and
``(G) any other agency the President considers relevant.'';
and
(7) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively.
(e) Strategy on ISIS-Related Detainee and Displacement
Camps in Syria.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, the Director of
National Intelligence, the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, and the Attorney General, shall submit to the
appropriate committees of Congress an interagency strategy
with respect to ISIS-affiliated individuals and ISIS-related
detainee and other displaced persons camps in Syria.
(2) Elements.--The strategy required by paragraph (1) shall
include--
(A) methods to address--
(i) disengagement from and prevention of recruitment into
violence, violent extremism, and other illicit activity in
such camps;
(ii) efforts to encourage and facilitate repatriation and,
as appropriate, investigation and prosecution of foreign
nationals from such camps, consistent with all relevant
domestic and applicable international laws;
(iii) the return and reintegration of displaced Syrian and
Iraqi women and children into their communities of origin;
(iv) international engagement to develop processes for
repatriation and reintegration of foreign nationals from such
camps;
(v) contingency plans for the relocation of detained and
displaced persons who are not able to be repatriated from
such camps;
(vi) efforts to improve the humanitarian conditions in such
camps, including through the delivery of medicine,
psychosocial support, clothing, education, and improved
housing; and
(vii) assessed humanitarian and security needs of all camps
and detainment facilities based on prioritization of such
camps and facilities most at risk of humanitarian crises,
external attacks, or internal violence;
(B) an assessment of--
(i) rehabilitation centers in northeast Syria, including
humanitarian conditions and processes for admittance and
efforts to improve both humanitarian conditions and
admittance processes for such centers and camps, as well as
on the prevention of youth radicalization; and
(ii) processes for being sent to, and resources directed
towards, rehabilitation centers and programs in countries
that receive returned ISIS affiliated individuals, with a
focus on the prevention of radicalization of minor children;
(C) a plan to improve, in such camps--
(i) security conditions, including by training of personnel
and through construction; and
(ii) humanitarian conditions;
(D) a framework for measuring progress of humanitarian,
security, and repatriation efforts with the goal of closing
such camps; and
(E) any other matter the Secretary of State considers
appropriate.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex that is transmitted separately.
(f) Annual Interagency Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter through January 31, 2025, the Senior
Coordinator, in coordination with the relevant agencies,
shall submit to the appropriate committees of Congress a
detailed report that includes the following:
(A) A detailed description of the facilities and camps
where detained ISIS members, and families with perceived ISIS
affiliation, are being held and housed, including--
(i) a description of the security and management of such
facilities and camps;
(ii) an assessment of resources required for the security
of such facilities and camps;
(iii) an assessment of the adherence by the operators of
such facilities and camps to international humanitarian law
standards; and
(iv) an assessment of children held within such facilities
and camps that may be used as part of smuggling operations to
evade security at the facilities and camps.
(B) A description of all efforts undertaken by, and the
resources needed for, the United States Government to address
deficits in the humanitarian environment and security of such
facilities and camps.
(C) A description of all multilateral and international
engagements related to humanitarian access and provision of
basic services to, and freedom of movement and security and
safe return of, displaced persons at camps or facilities in
Iraq, Syria, and any other area affected by ISIS activity,
including a description of--
(i) support for efforts by the Syrian Democratic Forces to
facilitate the return and reintegration of displaced people
from Iraq and Syria;
(ii) repatriation efforts with respect to displaced women
and children and male children aging into adults while held
in these facilities and camps;
(iii) any current or future potential threat to United
States national security interests posed by detained ISIS
members or displaced families, including an analysis of the
al-Hol camp and annexes; and
(iv) United States Government plans and strategies to
respond to any threat identified under clause (iii).
(D) The number of individuals repatriated from the custody
of the Syrian Democratic Forces.
[[Page S3991]]
(E) An analysis of factors on the ground in Syria and Iraq
that may result in the unintended release of detained or
displaced ISIS members, and an assessment of any measures
available to mitigate such releases.
(F) A detailed description of efforts to encourage the
final disposition and security of detained or displaced ISIS
members with other countries and international organizations.
(G) A description of foreign repatriation and
rehabilitation programs deemed successful systems to model,
and an analysis of the long-term results of such programs.
(H) A description of the manner in which the United States
Government communicates regarding repatriation and
disposition efforts with the families of United States
citizens believed to have been victims of a criminal act by a
detained or displaced ISIS member, in accordance with section
503(c) of the Victims' Rights and Restitution Act of 1990 (34
U.S.C. 20141(c)) and section 3771 of title 18, United States
Code.
(I) An analysis of all efforts between the United States
and partner countries within the Global Coalition to Defeat
ISIS or other countries to share related information that may
aid in resolving the final disposition of ISIS members, and
any obstacles that may hinder such efforts.
(J) Any other matter the Coordinator considers appropriate.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex that is transmitted separately.
(g) Rule of Construction.--Nothing in this section, or an
amendment made by this section, may be construed--
(1) to limit the authority of any Federal agency to
independently carry out the authorized functions of such
agency; or
(2) to impair or otherwise affect the activities performed
by that agency as granted by law.
Subtitle C--Matters Relating to Europe and the Russian Federation
SEC. 1331. EXTENSION AND MODIFICATION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
(a) Funding.--Subsection (f) of section 1250 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1068) is amended--
(1) in the matter preceding paragraph (1), by striking
``for overseas contingency operations''; and
(2) by adding at the end the following new paragraph:
``(9) For fiscal year 2024, $300,000,000.''.
(b) Termination of Authority.--Subsection (h) of such
section is amended by striking ``December 31, 2024'' and
inserting ``December 31, 2027''.
SEC. 1332. EXTENSION AND MODIFICATION OF TRAINING FOR EASTERN
EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE
OF MULTILATERAL EXERCISES.
Section 1251 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 333 note) is amended--
(1) in subsection (c)(1), by adding at the end the
following new subparagraph:
``(C) The Republic of Kosovo.''; and
(2) in subsection (h)--
(A) in the first sentence, by striking ``December 31,
2024'' and inserting ``December 31, 2026''; and
(B) in the second sentence, by striking ``December 31,
2024.'' and inserting ``December 31, 2026''.
SEC. 1333. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
RELATING TO SOVEREIGNTY OF THE RUSSIAN
FEDERATION OVER INTERNATIONALLY RECOGNIZED
TERRITORY OF UKRAINE.
Section 1245(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended by striking ``None of the funds'' and all that
follows through ``2023'' and inserting ``None of the funds
authorized to be appropriated for fiscal year 2023 or 2024''.
SEC. 1334. EXTENSION AND MODIFICATION OF TEMPORARY
AUTHORIZATIONS RELATED TO UKRAINE AND OTHER
MATTERS.
Section 1244 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended--
(1) in subsection (a)(7), by striking ``September 30,
2024'' and inserting ``September 30, 2025''; and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``or fiscal year 2024'' after ``fiscal year 2023'';
(B) in subparagraph (P), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (Q), by striking the period at the end
and inserting ``; and''; and
(D) by inserting at the end the following new
subparagraphs:
``(R) 3,300 Tomahawk Cruise Missiles;
``(S) 1,100 Precision Strike Missiles (PrSM);
``(T) 550 Mark 48 Torpedoes;
``(U) 1,650 RIM-162 Evolved Sea Sparrow Missiles (ESSM);
``(V) 1,980 RIM-116 Rolling Airframe Missiles (RAM); and
``(W) 11,550 Small Diameter Bomb IIs (SDB-II).''.
SEC. 1335. PRIORITIZATION FOR BASING, TRAINING, AND EXERCISES
IN NORTH ATLANTIC TREATY ORGANIZATION MEMBER
COUNTRIES.
(a) In General.--Subject to subsection (b), when
considering decisions related to United States military
basing, training, and exercises, the Secretary of Defense
shall prioritize those North Atlantic Treaty Organization
member countries that have achieved defense spending of not
less than 2 percent of their gross domestic product by 2024.
(b) Waiver.--The Secretary of Defense may waive subsection
(a) if the Secretary submits a certification to the
congressional defense committees that a waiver is in the
national security interests of the United States.
SEC. 1336. STUDY AND REPORT ON LESSONS LEARNED REGARDING
INFORMATION OPERATIONS AND DETERRENCE.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to
enter into a contract or other agreement with an eligible
entity to conduct an independent study on lessons learned
from information operations conducted by the United States,
Ukraine, the Russian Federation, and member countries of the
North Atlantic Treaty Organization during the lead-up to the
Russian Federation's full-scale invasion of Ukraine in 2022
and throughout the conflict.
(2) Element.--The study required by paragraph (1) shall
include recommendations for improvements to United States
information operations to enhance effectiveness, as well as
recommendations on how information operations may be improved
to support the maintenance of deterrence.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the study
in its entirety, along with any such comments as the
Secretary considers relevant.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(c) Eligible Entity Defined.--In this section, the term
``eligible entity''--
(1) means an entity independent of the Department of
Defense that is not under the direction or control of the
Secretary of Defense; and
(2) an independent, nongovernmental institute described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that has
recognized credentials and expertise in national security and
military affairs appropriate for the assessment.
SEC. 1337. REPORT ON PROGRESS ON MULTI-YEAR STRATEGY AND PLAN
FOR THE BALTIC SECURITY INITIATIVE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
congressional defense committees a report on the progress
made in the implementation of the multi-year strategy and
spending plan set forth in the June 2021 report of the
Department of Defense entitled ``Report to Congress on the
Baltic Security Initiative''.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An identification of any significant change to the
goals, objectives, and milestones identified in the June 2021
report described in subsection (a), in light of the radically
changed security environment in the Baltic region after the
full-scale invasion of Ukraine by the Russian Federation on
February 24, 2022, and with consideration to enhancing the
deterrence and defense posture of the North Atlantic Treaty
Organization in the Baltic region, including through the
implementation of the regional defense plans of the North
Atlantic Treaty Organization.
(2) An update on the Department of Defense funding
allocated for such strategy and spending plan for fiscal
years 2022 and 2023 and projected funding requirements for
fiscal years 2024, 2025, and 2026 for each goal identified in
such report.
(3) An update on the host country funding allocated and
planned for each such goal.
(4) An assessment of the progress made in the
implementation of the recommendations set forth in the fiscal
year 2020 Baltic Defense Assessment, and reaffirmed in the
June 2021 report described in subsection (a), that each
Baltic country should--
(A) increase its defense budget;
(B) focus on and budget for sustainment of capabilities in
defense planning; and
(C) consider combined units for expensive capabilities such
as air defense, rocket artillery, and engineer assets.
SEC. 1338. SENSE OF THE SENATE ON THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of the Senate that--
(1) the success of the North Atlantic Treaty Organization
is critical to advancing United States national security
objectives in Europe, the Indo-Pacific region, and around the
world;
(2) the North Atlantic Treaty Organization remains the
strongest and most successful military alliance in the world,
founded on a commitment by its members to uphold the
principles of democracy, individual liberty, and the rule of
law;
(3) the United States reaffirms its ironclad commitment--
(A) to the North Atlantic Treaty Organization as the
foundation of transatlantic security; and
[[Page S3992]]
(B) to upholding its obligations under the North Atlantic
Treaty, including Article 5;
(4) the unprovoked and illegal invasion of Ukraine by the
Russian Federation has upended security in Europe and
requires the full attention of the transatlantic alliance;
(5) welcoming Finland as the 31st member of the North
Atlantic Treaty Organization has made the North Atlantic
Treaty Organization Alliance stronger and the remaining North
Atlantic Treaty Organization member countries should swiftly
ratify the accession protocols of Sweden so as to bolster the
collective security of the North Atlantic Treaty Organization
by increasing the security and stability of the Baltic Sea
region and Northern Europe;
(6) the North Atlantic Treaty Organization member countries
that have not yet met the two-percent defense spending
pledge, as agreed to at the 2014 Wales Summit, should
endeavor to meet the timeline as expeditiously as possible,
but certainly within the five-year period beginning on the
date of the enactment of this Act;
(7) the United States and North Atlantic Treaty
Organization allies and partners should continue efforts to
identify, synchronize, and deliver needed assistance to
Ukraine as Ukraine continues the fight against the illegal
and unjust war of the Russian Federation;
(8) the Strategic Concept, agreed to by all North Atlantic
Treaty Organization member countries at the Madrid Summit in
2022, outlined the focus of the North Atlantic Treaty
Organization for the upcoming decade, and North Atlantic
Treaty Organization allies should continue to implement the
strategies outlined, including by making efforts to address
the challenges posed by the coercive policies of the People's
Republic of China that undermine the interests, security, and
shared values of the North Atlantic Treaty Organization
Alliance;
(9) the United States and North Atlantic Treaty
Organization allies should continue long-term efforts--
(A) to improve interoperability among the military forces
of member countries of the North Atlantic Treaty Organization
so as to enhance collective operations, including the
divestment of Soviet-era capabilities;
(B) to enhance security sector cooperation and explore
opportunities to reinforce civil sector preparedness and
resilience measures that may be likely targets of malign
influence campaigns;
(C) to mitigate the impact of hybrid warfare operations,
particularly those in the information and cyber domains; and
(D) to expand joint research and development initiatives
with a focus on emerging technologies such as quantum
computing, artificial intelligence, and machine learning,
including through the work of the Defence Innovation
Accelerator for the North Atlantic initiative (commonly known
as ``DIANA'');
(10) the European Deterrence Initiative remains critically
important and has demonstrated its unique value to the United
States and North Atlantic Treaty Organization allies during
the current Russian Federation-created war against Ukraine;
(11) the United States should continue to work with North
Atlantic Treaty Organization allies, and other allies and
partners, to build permanent mechanisms to strengthen supply
chains, enhance supply chain security, and fill supply chain
gaps;
(12) the United States should prioritize collaboration with
North Atlantic Treaty Organization allies to secure enduring
and robust critical munitions supply chains so as to increase
military readiness;
(13) the United States and the North Atlantic Treaty
Organization should expand cooperation efforts on
cybersecurity issues to prevent adversaries and criminals
from compromising critical systems and infrastructure; and
(14) it is in the interest of the United States that the
North Atlantic Treaty Organization adopt a robust strategy
toward the Black Sea, and the United States should also
consider working with interested partner countries to advance
a coordinated strategy inclusive of diverse elements of
transatlantic security architecture in the Black Sea region.
SEC. 1339. SENSE OF THE SENATE ON DEFENCE INNOVATION
ACCELERATOR FOR THE NORTH ATLANTIC (DIANA) IN
THE NORTH ATLANTIC TREATY ORGANIZATION.
It is the sense of the Senate that--
(1) the new initiative within the North Atlantic Treaty
Organization (NATO) to establish a new research and
development initiative, known as the Defence Innovation
Accelerator for the North Atlantic (DIANA), is an important
step in aligning the industry and academic innovation
communities of the NATO member states towards common goals
for identifying, experimenting, and transitioning critical
technologies of importance to NATO;
(2) DIANA will spur increased defense research and
development funding to rapidly adapt to a new era of
strategic competition by bringing defense personnel together
with NATO's leading entrepreneurs and academic researchers;
(3) DIANA will also increase opportunities for engagement
on NATO's priority technology areas, including artificial
intelligence, data, autonomy, quantum-enabled technologies,
biotechnology, hypersonic technologies, space, novel
materials and manufacturing, and energy and propulsion; and
(4) through DIANA, NATO allies will foster innovative
ecosystems and develop talent for dual use technologies to
maintain NATO's strategic advantage.
SEC. 1340. SENSE OF THE SENATE REGARDING THE ARMING OF
UKRAINE.
It is the sense of the Senate that Ukraine would derive
military benefit from the provision of munitions such as the
dual-purpose improved conventional munition (DPICM). Such
weapons could be fired from systems in the existing Ukrainian
inventory and would enhance Ukraine's stockpile of available
munitions and would bolster Ukraine's efforts to end Russia's
illegal and unjust war. The Department of Defense, in concert
with the other members of the Ukraine Defense Contract Group,
should continue to support Ukraine's brave fight to defeat
the invasion of the Russian Federation. The Department of
Defense, in close coordination with the State Department,
should assess the feasibility and advisability of providing
such munitions, including giving appropriate attention to
humanitarian considerations, including supporting Ukraine's
effort to end the widespread suffering of the Ukrainian
people by bringing Russia's war of choice to an end as soon
as possible on terms favorable to Ukraine, as well as the
views of other members of the Ukraine Defense Contract Group.
Subtitle D--Matters Relating to the Indo-Pacific Region
SEC. 1341. INDO-PACIFIC CAMPAIGNING INITIATIVE.
(a) In General.--The Secretary of Defense shall establish,
and the Commander of the United States Indo-Pacific Command
shall carry out, an Indo-Pacific Campaigning Initiative (in
this section referred to as the ``Initiative'') for purposes
of--
(1) strengthening United States alliances and partnerships
with foreign military partners in the Indo-Pacific region;
(2) deterring military aggression by potential adversaries
against the United States and allies and partners of the
United States;
(3) dissuading strategic competitors from seeking to
achieve their objectives through the conduct of military
activities below the threshold of traditional armed conflict;
(4) improving the understanding of the United States Armed
Forces with respect to the operating environment in the Indo-
Pacific region;
(5) shaping the perception of potential adversaries with
respect to United States military capabilities and the
military capabilities of allies and partners of the United
States in the Indo-Pacific region; and
(6) improving the ability of the United States Armed Forces
to coordinate and operate with foreign military partners in
the Indo-Pacific region.
(b) Briefing and Report.--
(1) Briefing.--Not later than March 1, 2024, the Secretary
shall provide the congressional defense committees with a
briefing that describes ongoing and planned campaigning
activities in the Indo-Pacific region for fiscal year 2024.
(2) Report.--Not later than December 1, 2024, the Secretary
shall submit to the congressional defense committees a report
that--
(A) summarizes the campaigning activities conducted in the
Indo-Pacific region during fiscal year 2024; and
(B) includes--
(i) a value assessment of each such activity;
(ii) lessons learned in carrying out such activities;
(iii) any identified resource or authority gap that has
negatively impacted the implementation of the Initiative; and
(iv) proposed plans for additional campaigning activities
in the Indo-Pacific region to fulfill the purposes described
in subsection (a).
(c) Campaigning Defined.--In this section, the term
``campaigning''--
(1) means the conduct and sequencing of logically linked
military activities to achieve strategy-aligned objectives,
including modifying the security environment over time to the
benefit of the United States and the allies and partners of
the United States while limiting, frustrating, and disrupting
competitor activities; and
(2) includes deliberately planned military activities in
the Indo-Pacific region involving bilateral and multilateral
engagements with foreign partners, training, exercises,
demonstrations, experiments, and other activities to achieve
the objectives described in subsection (a).
SEC. 1342. TRAINING, ADVISING, AND INSTITUTIONAL CAPACITY-
BUILDING PROGRAM FOR MILITARY FORCES OF TAIWAN.
(a) Establishment.--Consistent with the Taiwan Relations
Act (22 U.S.C. 3301 et seq.) and the Taiwan Enhanced
Resilience Act (subtitle A of title LV of Public Law 117-
263), the Secretary of Defense, with the concurrence of the
Secretary of State and in consultation with appropriate
officials of Taiwan, shall establish a comprehensive
training, advising, and institutional capacity-building
program for the military forces of Taiwan using the
authorities provided in chapter 16 of title 10, United States
Code, and other applicable statutory authorities available to
the Secretary of Defense.
(b) Purposes.--The purposes of the program established
under subsection (a) shall be--
(1) to enable a layered defense of Taiwan by the military
forces of Taiwan, including in support of the use of an
asymmetric defense strategy;
[[Page S3993]]
(2) to enhance interoperability between the United States
Armed Forces and the military forces of Taiwan;
(3) to encourage information sharing between the United
States Armed Forces and the military forces of Taiwan;
(4) to promote joint force employment; and
(5) to improve professional military education and the
civilian control of the military.
(c) Elements.--The program established under subsection (a)
shall include efforts to improve--
(1) the tactical proficiency of the military forces of
Taiwan;
(2) the operational employment of the military forces of
Taiwan to conduct a layered defense of Taiwan, including in
support of an asymmetric defense strategy;
(3) the employment of joint military capabilities by the
military forces of Taiwan, including through joint military
training, exercises, and planning;
(4) the reform and integration of the reserve military
forces of Taiwan;
(5) the use of defense articles and services transferred
from the United States to Taiwan;
(6) the integration of the military forces of Taiwan with
relevant civilian agencies, including the All-Out Defense
Mobilization Agency;
(7) the ability of Taiwan to participate in bilateral and
multilateral military exercises, as appropriate;
(8) the defensive cyber capabilities and practices of the
Ministry of National Defense of Taiwan; and
(9) any other matter the Secretary of Defense considers
relevant.
(d) Deconfliction, Coordination, and Concurrence.--The
Secretary of Defense shall deconflict, coordinate, and seek
the concurrence of the Secretary of State and the heads of
other relevant departments and agencies with respect to
activities carried out under the program required by
subsection (a), in accordance with the requirements of the
authorities provided in chapter 16 of title 10, United States
Code, and other applicable statutory authorities available to
the Secretary of Defense.
(e) Reporting.--As part of each annual report on Taiwan
defensive military capabilities and intelligence support
required by section 1248 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1988), the Secretary of Defense shall provide--
(1) an update on efforts made to address each element under
subsection (c); and
(2) an identification of any authority or resource
shortfall that inhibits such efforts.
SEC. 1343. INDO-PACIFIC MARITIME DOMAIN AWARENESS INITIATIVE.
(a) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall seek to
establish an initiative with allies and partners of the
United States, including Australia, Japan, and India, to be
known as the ``Indo-Pacific Maritime Domain Awareness
Initiative'' (in this section referred to as the
``Initiative''), to bolster maritime domain awareness in the
Indo-Pacific region.
(b) Use of Authorities.--In carrying out the Initiative,
the Secretary of Defense may use the authorities provided in
chapter 16 of title 10, United States Code, and other
applicable statutory authorities available to the Secretary
of Defense.
(c) Purposes.--The purposes of the Initiative are as
follows:
(1) To enhance the ability of allies and partners of the
United States in the Indo-Pacific region to fully monitor the
maritime domain of such region.
(2) To leverage emerging technologies to support maritime
domain awareness objectives.
(3) To provide a comprehensive understanding of the
maritime domain in the Indo-Pacific region, including by
facilitating information sharing among such allies and
partners.
(d) Report.--Not later than March 1, 2024, the Secretary of
Defense shall submit to the congressional defense committees
a report that outlines ongoing and planned activities of the
Initiative, and the resources needed to carry out the such
activities, for fiscal year 2025.
SEC. 1344. EXTENSION OF PACIFIC DETERRENCE INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (10 U.S.C. 113 note) is amended--
(1) by striking ``the National Defense Authorization Act
for Fiscal Year 2023'' and inserting ``the National Defense
Authorization Act for Fiscal Year 2024''; and
(2) by striking ``fiscal year 2023'' and inserting ``fiscal
year 2024''.
(b) Report on Resourcing United States Defense Requirements
for the Indo-Pacific Region and Study on Competitive
Strategies.--Subsection (d)(1)(A) of such section is amended
by striking ``fiscal years 2023 and 2024'' and inserting
``fiscal years 2024 and 2025''.
SEC. 1345. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN
HOA DIOXIN CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3955) is amended by striking ``fiscal year
2023'' and inserting ``fiscal year 2024''.
SEC. 1346. EXTENSION AND MODIFICATION OF PILOT PROGRAM TO
IMPROVE CYBER COOPERATION WITH FOREIGN MILITARY
PARTNERS IN SOUTHEAST ASIA.
(a) In General.--Subsection (a) of section 1256 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3956;
10 U.S.C. 333 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``in
Vietnam, Thailand, and Indonesia'' and inserting ``with
covered foreign military partners'';
(2) in paragraph (1), by striking ``Vietnam, Thailand, and
Indonesia'' and inserting ``covered foreign military
partners''; and
(3) in paragraph (2), by striking ``Vietnam, Thailand, and
Indonesia on'' and inserting ``covered foreign military
partners on defensive''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``Vietnam, Thailand, and
Indonesia'' and inserting ``covered foreign military
partners''; and
(2) in paragraph (2), by striking ``Vietnam, Thailand, and
Indonesia'' and inserting ``covered foreign military
partners''.
(c) Reports.--Subsection (c)(2)(B) of such title is amended
by striking ``Vietnam, Thailand, and Indonesia'' and
inserting ``covered foreign military partners''.
(d) Certification.--Subsection (d) of such section is
amended--
(1) by inserting ``with any covered foreign military
partner'' after ``scheduled to commence''; and
(2) by striking ``Vietnam, Indonesia, or Thailand'' and
inserting ``the covered foreign military partner''.
(e) Extension.--Subsection (e) of such section is amended
by striking ``December 31, 2024'' and inserting ``December
31, 2029''.
(f) Definitions.--Subsection (f) of such section is amended
to read as follows:
``(f) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
``(2) Covered foreign military partner.--The term `covered
foreign military partner' means the following:
``(A) Vietnam.
``(B) Thailand.
``(C) Indonesia.
``(D) The Philippines.
``(E) Malaysia.''.
(g) Conforming Amendments.--
(1) Section 1256 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3956; 10 U.S.C. 333 note) is
amended, in the section heading, by striking ``vietnam,
thailand, and indonesia'' and inserting ``covered foreign
military partners in southeast asia''.
(2) The table of contents for the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3388) is amended by
striking the item relating to section 1256 and inserting the
following:
``Sec. 1256. Pilot program to improve cyber cooperation with covered
foreign military partners in Southeast Asia.''.
(3) The table of contents for title XII of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3905) is
amended by striking the item relating to section 1256 and
inserting the following:
``Sec. 1256. Pilot program to improve cyber cooperation with covered
foreign military partners in Southeast Asia.''.
SEC. 1347. EXTENSION AND MODIFICATION OF CERTAIN TEMPORARY
AUTHORIZATIONS.
(a) In General.--Section 1244 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2844) is amended--
(1) in the section heading, by striking ``other matters''
and inserting ``taiwan''; and
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``or the Government
of Taiwan'' after ``the Government of Ukraine''; and
(ii) in subparagraph (C), by inserting ``or the Government
of Taiwan'' after ``the Government of Ukraine'';
(B) in paragraph (5)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) the replacement of defense articles from stocks of
the Department of Defense provided to--
``(i) the Government of Ukraine;
``(ii) foreign countries that have provided support to
Ukraine at the request of the United States;
``(iii) the Government of Taiwan; or
``(iv) foreign countries that have provided support to
Taiwan at the request of the United States; or''; and
(ii) in subparagraph (B), by inserting ``or the Government
of Taiwan'' before the period at the end;
(C) in paragraph (7), by striking ``September 30, 2024''
and inserting ``September 30, 2028'';
(D) by redesignating paragraph (7) as paragraph (8); and
[[Page S3994]]
(E) by inserting after paragraph (6) the following new
paragraph (7):
``(7) Notification.--Not later than 7 days after the
exercise of authority under subsection (a) the Secretary of
Defense shall notify the congressional defense committees of
the specific authority exercises, the relevant contract, and
the estimated reductions in schedule.''.
(b) Clerical Amendments.--
(1) The table of contents at the beginning of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263; 136 Stat. 2395) is amended by
striking the item relating to section 1244 and inserting the
following:
``Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.''.
(2) The table of contents at the beginning of title XII of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2820) is
amended by striking the item relating to section 1244 and
inserting the following:
``Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.''.
SEC. 1348. PLAN FOR ENHANCED SECURITY COOPERATION WITH JAPAN.
(a) In General.--Not later than June 1, 2024, the Secretary
of Defense, in coordination with the Secretary of State,
shall submit to the appropriate committees of Congress a plan
for enhancing United States security cooperation with Japan.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) A plan for--
(A) increased bilateral training, exercises, combined
patrols, and other activities between the United States Armed
Forces and the Self-Defense Forces of Japan;
(B) increasing multilateral military-to-military
engagements involving the United States Armed Forces, the
Self-Defense Forces of Japan, and the military forces of
other regional allies and partners, including Australia,
India, the Republic of Korea, and the Philippines, as
appropriate;
(C) increased sharing of intelligence and other
information, including the adoption of enhanced security
protocols;
(D) current mechanisms, processes, and plans to coordinate
and engage with the Joint Headquarters of the Self-Defense
Forces of Japan; and
(E) enhancing cooperation on advanced technology
initiatives, including artificial intelligence, cyber, space,
undersea, hypersonic, and related technologies.
(2) An analysis of the feasibility and advisability of--
(A) increasing combined planning efforts between the United
States and Japan to address potential regional contingencies;
(B) modifying United States command structures in Japan--
(i) to coordinate all United States military activities and
operations in Japan;
(ii) to complement similar changes by the Self-Defense
Forces of Japan; and
(iii) to facilitate integrated planning and implementation
of combined activities; and
(C) additional modifications to the force posture of the
United States Armed Forces in Japan, including the
establishment of additional main operating locations,
cooperative security locations, contingency locations, and
other forward operating sites.
(3) An identification of challenges to the implementation
of the plan required by subsection (a) and any recommended
legislative changes, resourcing requirements, bilateral
agreements, or other measures that would facilitate the
implementation of such plan.
(c) Form.--The plan required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(d) 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.
SEC. 1349. PLAN FOR IMPROVEMENTS TO CERTAIN OPERATING
LOCATIONS IN INDO-PACIFIC REGION.
(a) Identification of Operating Locations.--
(1) In general.--The Secretary of Defense shall conduct a
classified survey to identify each United States operating
location within the area of responsibility of the United
States Indo-Pacific Command, including in the First, Second,
and Third Island Chains, that--
(A) may be used to respond militarily to aggression by the
People's Republic of China; and
(B) is considered to not be sufficiently capable of
mitigating damage to aircraft of the United States Armed
Forces in the event of a missile, aerial drone, or other form
of attack by the People's Republic of China.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of
the survey under paragraph (1).
(b) Plan.--Not later than 60 days after the date on which
the report required by paragraph (2) of subsection (a) is
submitted, the Secretary shall submit to the congressional
defense committees a plan--
(1) to implement improvements, as appropriate, to operating
locations identified under that subsection so as to increase
the survivability of aircraft of the United States Armed
Forces in the event of a missile, aerial drone, or other form
of attack b3y the People's Republic of China; and
(2) that includes an articulation of other means for
increasing survivability of such aircraft in the event of
such an attack, including dispersal and deception.
(c) Form.--The report and plan required by this section
shall be submitted in classified form.
SEC. 1350. STRATEGY FOR IMPROVING POSTURE OF GROUND-BASED
THEATER-RANGE MISSILES IN INDO-PACIFIC REGION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a strategy for
improving the posture of ground-based theater-range missile
capabilities in the Indo-Pacific region.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) An assessment of gaps in conventional ground-based
theater-range precision strike capabilities in the area of
responsibility of the United States Indo-Pacific Command.
(2) An identification of military requirements for
conventional ground-based theater-range missile systems,
including range, propulsion, payload, launch platform, weapon
effects, and other operationally relevant factors in the
Indo-Pacific region.
(3) An identification of prospective basing locations in
the area of responsibility of the United States Indo-Pacific
Command, including an articulation of the bilateral
agreements necessary to support such deployments.
(4) A description of operational concepts for employment,
including integration with short-range and multi-domain
fires, in denial operations in the Western Pacific.
(5) An identification of prospective foreign partners and
institutional mechanisms for co-development and co-production
of new theater-range conventional missiles.
(6) An assessment of the cost and schedule of developmental
ground-based theater-range missiles programs, including any
potential cost-sharing arrangements with foreign partners
through existing institutional mechanisms.
(7) The designation of a theater component commander or
joint task force commander within the United States Indo-
Pacific Command responsible for developing a theater missile
strategy.
(8) Any other matter the Secretary considers relevant.
(c) Form.--The strategy required by subsection (a) may be
submitted in classified form but shall include an
unclassified summary.
(d) Ground-based Theater-range Missile Defined.--In this
section, the term ``ground-based theater-range missile''
means a conventional mobile ground-launched ballistic or
cruise missile system with a range between 500 and 5,500
kilometers.
SEC. 1351. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of State and the head of any other
relevant Federal department or agency, shall seek to ensure
that India is appropriately considered for security
cooperation benefits consistent with the status of India as a
major defense partner of the United States, including with
respect to the following lines of effort:
(1) Eligibility for funding to initiate or facilitate
cooperative research, development, testing, or evaluation
projects with the Department of Defense, with priority given
to projects in the areas of--
(A) artificial intelligence;
(B) undersea domain awareness;
(C) air combat and support;
(D) munitions; and
(E) mobility.
(2) Eligibility to enter into reciprocal agreements with
the Department of Defense for the cooperative provision of
training on a bilateral or multilateral basis in support of
programs for the purpose of building capacity in the areas
of--
(A) counterterrorism operations;
(B) counter-weapons of mass destruction operations;
(C) counter-illicit drug trafficking operations;
(D) counter-transnational organized crime operations;
(E) maritime and border security operations;
(F) military intelligence operations;
(G) air domain awareness operations; and
(H) cyberspace security and defensive cyberspace
operations.
(3) Eligibility to enter into a memorandum of understanding
or other formal agreement with the Department of Defense for
the purpose of conducting cooperative research and
development projects on defense equipment and munitions.
(4) Eligibility for companies from India to bid on
contracts for the maintenance, repair, or overhaul of
Department of Defense equipment located outside the United
States.
(b) Briefing.--Not later than March 1, 2024, the Secretary
of Defense, in coordination with the Secretary of State and
the head of any other relevant Federal department or agency,
shall provide the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
with a briefing on the status of security cooperation
activities with India, including the lines of effort
specified in subsection (a).
[[Page S3995]]
SEC. 1352. MILITARY CYBERSECURITY COOPERATION WITH TAIWAN.
(a) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Policy, with the
concurrence of the Secretary of State and in coordination
with the Commander of the United States Cyber Command and the
Commander of the United States Indo-Pacific Command, shall
seek to engage with appropriate officials of Taiwan for the
purpose of expanding cooperation on military cybersecurity
activities using the authorities under chapter 16 of title
10, United States Code, and other applicable statutory
authorities available to the Secretary of Defense.
(b) Cooperation Efforts.--In expanding the cooperation of
military cybersecurity activities between the Department of
Defense and the military forces of Taiwan under subsection
(a), the Secretary of Defense may carry out efforts--
(1) to actively defend military networks, infrastructure,
and systems;
(2) to eradicate malicious cyber activity that has
compromised such networks, infrastructure, and systems;
(3) to leverage United States commercial and military
cybersecurity technology and services to harden and defend
such networks, infrastructure, and systems; and
(4) to conduct combined cybersecurity training activities
and exercises.
(c) Briefings.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to
the appropriate committees of Congress a briefing on the
implementation of this section.
(2) Contents.--The briefing under paragraph (1) shall
include the following:
(A) A description of the feasibility and advisability of
expanding the cooperation on military cybersecurity
activities between the Department of Defense and the military
forces of Taiwan.
(B) An identification of any challenges and resources that
need to be addressed so as to expand such cooperation.
(C) An overview of efforts undertaken pursuant to this
section.
(D) Any other matter the Secretary considers relevant.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1353. DESIGNATION OF SENIOR OFFICIAL FOR DEPARTMENT OF
DEFENSE ACTIVITIES RELATING TO, AND
IMPLEMENTATION PLAN FOR, SECURITY PARTNERSHIP
AMONG AUSTRALIA, THE UNITED KINGDOM, AND THE
UNITED STATES.
(a) Designation of Senior Official.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall designate a senior civilian official of the
Department of Defense who shall be responsible for overseeing
Department of Defense activities relating to the security
partnership among Australia, the United Kingdom, and the
United States (commonly known as the ``AUKUS partnership'').
(b) Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Administrator for Nuclear Security and
the Secretary of State, shall submit to the appropriate
committees of Congress an implementation plan outlining
Department efforts relating to the AUKUS partnership.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Timelines and major anticipated milestones for the
implementation of the AUKUS partnership.
(B) An identification of dependencies of such milestones on
defense requirements that are--
(i) unrelated to the AUKUS partnership; and
(ii) solely within the decisionmaking responsibility of
Australia or the United Kingdom.
(C) Recommendations for adjustments to statutory and
regulatory export authorities or frameworks, including
technology transfer and protection, necessary to efficiently
implement the AUKUS partnership.
(D) A consideration of the implications of the plan on the
industrial base with respect to--
(i) the expansion of existing United States submarine
construction capacity to fulfill United States, United
Kingdom, and Australia requirements;
(ii) acceleration of the restoration of United States
capabilities for producing highly enriched uranium to fuel
submarine reactors;
(iii) stabilization of commodity markets and expanding
supplies of high-grade steel, construction materials, and
other resources required for improving shipyard condition and
expanding throughput capacity; and
(iv) coordination and synchronization of industrial
sourcing opportunities among Australia, the United Kingdom,
and the United States.
(E) A description of resourcing and personnel requirements,
including the hiring of additional foreign disclosure
officers.
(F) A plan for improving information sharing, including--
(i) recommendations for modifications to foreign disclosure
policies and processes;
(ii) the promulgation of written information-sharing
guidelines or policies to improve information sharing under
the AUKUS partnership;
(iii) the establishment of an information handling caveat
specific to the AUKUS partnership; and
(iv) the reduction in use of the Not Releasable to Foreign
Nations (NOFORN) information handling caveat.
(G) Processes for the protection of privately held
intellectual property, including patents.
(H) A plan to leverage, for the AUKUS partnership, any
relevant existing cybersecurity or technology partnership or
cooperation activity between the United States and the United
Kingdom or between the United States and Australia.
(I) Recommended updates to other statutory, regulatory,
policy, or process frameworks.
(J) Any other matter the Secretary of Defense considers
appropriate.
(c) Semiannual Updates.--Not later than 60 days after the
date on which the plan required by subsection (b) is
submitted, and semiannually thereafter on April 1 and October
1 each year through 2029, the senior civilian official
designated under subsection (a) shall provide the
congressional defense committees with a briefing on the
status of all Department activities to implement the AUKUS
partnership.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committees on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1354. REPORT AND NOTIFICATION RELATING TO TRANSFER OF
OPERATIONAL CONTROL ON KOREAN PENINSULA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress a report that--
(1) describes the conditions under which the military
forces of the Republic of Korea would be prepared to assume
wartime operational control of the United States and Republic
of Korea Combined Forces Command; and
(2) includes an assessment of the extent to which the
military forces of the Republic of Korea meet such conditions
as of the date on which the report is submitted.
(b) Notification.--
(1) In general.--Not later than 30 days before the date on
which wartime operational control of the United States and
Republic of Korea Combined Forces Command is transferred to
the Republic of Korea, the Secretary of Defense, in
coordination with the Secretary of State, shall notify the
appropriate committees of Congress of such transfer.
(2) Elements.--The notification required by paragraph (1)
shall include the following:
(A) An assessment of the extent to which the military
forces of the Republic of Korea meet the conditions described
in the report submitted under subsection (a), including with
respect to the acquisition by the Republic of Korea of
necessary military capabilities to counter the capabilities
of the Democratic People's Republic of Korea.
(B) A description of the command relationship among the
United Nations Command, the United States and Republic of
Korea Combined Forces Command, the United States Forces
Korea, and the military forces of the Republic of Korea.
(C) An assessment of the extent to which such transfer
impacts the security of the United States, the Republic of
Korea, and other regional allies and partners.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1355. REPORT ON RANGE OF CONSEQUENCES OF WAR WITH THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than December 1, 2024, the
Director of the Office of Net Assessment shall submit to the
congressional defense committees a report on the range of
geopolitical and economic consequences of a United States-
People's Republic of China conflict in 2030.
(b) Elements.--The report required by subsection (a)
shall--
(1) account for potential--
(A) attacks within the homelands of the United States and
the People's Republic of China, including cyber threats and
the potential disruption of critical infrastructure;
(B) impacts on the United States Armed Forces and the
military forces of United States allies and partners,
including loss of life, capabilities, United States force
posture, and United States alliances in the Indo-Pacific
region;
[[Page S3996]]
(C) impacts on the military forces of the People's Republic
of China, including loss of life and capabilities;
(D) impacts on the civilian populations of Japan, Taiwan,
Australia, and other countries in the Indo-Pacific region;
(E) disruption of the global economy; and
(F) any other matter the Director of the Office of Net
Assessment considers relevant; and
(2) include a review of previous attempts in history to
forecast the consequences and costs of war.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(d) Briefing.--Not less than 14 days before the date on
which the report required by subsection (a) is submitted, the
Director of the Office of Net Assessment shall provide a
briefing to the congressional defense committees on the
conclusions of the report.
SEC. 1356. STUDY AND REPORT ON COMMAND STRUCTURE AND FORCE
POSTURE OF UNITED STATES ARMED FORCES IN INDO-
PACIFIC REGION.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center to conduct an independent study for the
purpose of improving the current command structure and force
posture of the United States Armed Forces in the area of
responsibility of the United States Indo-Pacific Command.
(2) Report to secretary.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the federally funded research and
development center selected to conduct the study required by
paragraph (1) shall submit to the Secretary a report on the
findings of the study.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) An assessment of--
(I) the current command structure of the United States
Armed Forces in the area of responsibility of the United
States Indo-Pacific Command;
(II) the current force posture, basing, access, and
overflight agreements of the United States Armed Forces in
such area of responsibility; and
(III) any operational or command and control challenge
resulting from the geography, current force posture of the
United States Armed Forces, or current command structure of
the United States Armed Forces in the area of responsibility
of the United States Indo-Pacific Command.
(ii) Any recommendation for--
(I) adjustments to the force posture of the United States
Armed Forces in such area of responsibility, including an
identification of any additional basing, access, and
overflight agreement that may be necessary in response to the
changing security environment in such area of responsibility;
(II) modifying the current organizational and command
structure of the United States Indo-Pacific Command,
including United States Forces Japan and United States Forces
Korea, in response to such changing security environment; or
(III) improving the ability to better coordinate with
allies and partners during peacetime and conflict.
(b) Report to Congress.--
(1) In general.--Not later than February 1, 2025, the
Secretary shall submit to the congressional defense
committees an unaltered copy of the report submitted to the
Secretary under subsection (a)(2), together with the views of
the Secretary on the findings set forth in such report and
any corresponding recommendation.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(3) Public availability.--The Secretary shall make
available to the public the unclassified form of the report
required by paragraph (1).
SEC. 1357. STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE
PEOPLE'S REPUBLIC OF CHINA AND THE UNITED
STATES.
(a) Studies Required.--
(1) Defense intelligence agency study.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Director of the
Defense Intelligence Agency, shall--
(A) complete a study on the defense budget of the People's
Republic of China;
(B) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
results of the study; and
(C) make the results of the study available to the public
on the internet website of the Department of Defense.
(2) Secretary of defense study.--Not later than 90 days
after the date on which the study required by paragraph (1)
is submitted, the Secretary of Defense shall--
(A) complete a comparative study on the defense budgets of
the People's Republic of China and the United States;
(B) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
results of the study; and
(C) make the results of the study available to the public
on the internet website of the Department of Defense.
(3) Methodology.--The studies required by paragraphs (1)
and (2) shall each employ a robust methodology that--
(A) does not depend on the official pronouncements of the
Government of the People's Republic of China or the Chinese
Communist Party;
(B) takes into account the military-civil fusion present in
the People's Republic of China; and
(C) employs the building-block method of analysis or a
similar method of analysis, as appropriate.
(4) Objective.--The objective of the studies required by
paragraphs (1) and (2) shall be to provide the people of the
United States with an accurate comparison of the defense
spending of the People's Republic of China and the United
States.
(b) Elements.--At a minimum, the studies required by this
section shall do the following:
(1) Determine the amounts invested by each subject country
across functional categories for spending, including--
(A) defense-related research and development;
(B) weapons procurement from domestic and foreign sources;
(C) operations and maintenance;
(D) pay and benefits;
(E) military pensions; and
(F) any other category the Secretary considers relevant.
(2) Consider the effects of purchasing power parity and
market exchange rates, particularly on nontraded goods.
(3) Estimate the magnitude of omitted spending from
official defense budget information and account for such
spending in the comparison.
(4) Exclude spending related to veterans' benefits, other
than military pensions provided to veterans.
(c) Considerations.--The studies required by this section
may take into consideration the following:
(1) The effects of state-owned enterprises on the defense
expenditures of the People's Republic of China.
(2) The role of differing acquisition policies and
structures with respect to the defense expenditures of each
subject country.
(3) Any other matter relevant to evaluating the resources
dedicated to the defense spending or the various military-
related outlays of the People's Republic of China.
(d) Form.--The studies required by this section shall be
submitted in unclassified form, free of handling
restrictions, but may include classified annexes.
SEC. 1358. BRIEFING ON PROVISION OF SECURITY ASSISTANCE BY
THE PEOPLE'S REPUBLIC OF CHINA AND SUMMARY OF
DEPARTMENT OF DEFENSE MITIGATION ACTIVITIES.
(a) Briefing.--Not later than March 1, 2024, the Secretary
of Defense, in coordination with the Secretary of State,
shall provide to the appropriate committees of Congress a
briefing that describes the provision of security assistance
and training by the People's Republic of China to foreign
military forces for the purpose of achieving the national
objectives of the People's Republic of China.
(b) Summary of Mitigation Activities.--As part of the first
report submitted under section 1206(c)(2) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1960; 10 U.S.C. 301 note) after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a summary of
Department of Defense activities designed to mitigate the
provision of security assistance and training referred to in
subsection (a), including such activities that--
(1) strengthen United States alliances and partnerships
with foreign military partners;
(2) identify countries or governments to which the People's
Republic of China provides such security assistance or
military training;
(3) dissuade countries and governments from relying on the
People's Republic of China as a partner for such security
assistance and military training;
(4) identify any manner in which the United States, or
close allies of the United States, may engage with countries
and governments to be the preferred partner for security
assistance and military training; and
(5) improve the ability of the United States Armed Forces
to coordinate and operate with allies and partners for
purposes of mitigating the provision of security assistance
and military training by the People's Republic of China.
(c) Appropriate Committees of Congress.--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.
SEC. 1359. SEMIANNUAL BRIEFINGS ON BILATERAL AGREEMENTS
SUPPORTING UNITED STATES MILITARY POSTURE IN
THE INDO-PACIFIC REGION.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, and every 180 days thereafter
through fiscal year 2027, the Secretary of Defense, in
coordination with the Secretary of State, shall provide the
appropriate committees of Congress with a briefing on
bilateral agreements supporting the United States military
posture in the Indo-Pacific region.
(b) Elements.--Each briefing required by subsection (a)
shall include the following:
(1) An update on notable changes to elements described in
section 1262(b) of the
[[Page S3997]]
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 136 Stat. 2857).
(2) An assessment of the impact on United States military
operations if any individual or combination of allies and
partners were to deny continued access, basing, or overflight
rights, including with respect to--
(A) forward presence;
(B) agile basing;
(C) pre-positioned materials; or
(D) fueling and resupply.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1360. SEMIANNUAL BRIEFINGS ON MILITARY OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, and not less frequently than every
180 days thereafter through March 30, 2027, the Secretary of
Defense shall provide to the congressional defense committees
a briefing on--
(1) the military activities of the People's Republic of
China with respect to Taiwan and the South China Sea;
(2) efforts by the Department of Defense to engage with the
People's Liberation Army; and
(3) United States efforts to enable the defense of Taiwan
and bolster maritime security in the South China Sea.
(b) Elements.--Each briefing required by subsection (a)
shall include the following:
(1) An update on--
(A) military developments of the People's Republic of China
relating to any possible Taiwan or South China Sea
contingency, including upgrades to the weapon systems of the
People's Republic of China, the procurement of new weapons by
the People's Republic of China, and changes to the posture of
the People's Liberation Army;
(B) military equipment acquired by Taiwan pursuant to the
Presidential drawdown authority under section 506(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) or through
the direct commercial sales or foreign military sales
processes;
(C) United States efforts to deter aggression by the
People's Republic of China in the Indo-Pacific region,
including any campaigning or exercise activities conducted by
the United States; and
(D) United States efforts to train the military forces of
Taiwan and allies and partners in Southeast Asia.
(2) The most recent information regarding the readiness of
or preparations by the People's Liberation Army to
potentially conduct aggressive military action against
Taiwan.
(3) A description of any military activity carried out
during the preceding quarter by the People's Republic of
China in the vicinity of Taiwan.
(4) A description of engagements by Department of Defense
officials with the People's Liberation Army, including with
respect to maintaining open lines of communication,
establishing crisis management capabilities, and
deconfliction of military activities.
(5) Any other matter the Secretary considers relevant.
SEC. 1361. PROHIBITION ON USE OF FUNDS TO SUPPORT
ENTERTAINMENT PROJECTS WITH TIES TO THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
None of the funds authorized to be appropriated by this Act
may be used to knowingly provide active and direct support to
any film, television, or other entertainment project if the
Secretary of Defense has demonstrable evidence that the
project has complied or is likely to comply with a demand
from the Government of the People's Republic of China or the
Chinese Communist Party, or an entity under the direction of
the People's Republic of China or the Chinese Communist
Party, to censor the content of the project in a material
manner to advance the national interest of the People's
Republic of China.
SEC. 1362. PROHIBITION ON USE OF FUNDS FOR THE WUHAN
INSTITUTE OF VIROLOGY.
None of the funds authorized to be appropriated under this
Act may be made available for the Wuhan Institute of Virology
for any purpose.
SEC. 1363. AUDIT TO IDENTIFY DIVERSION OF DEPARTMENT OF
DEFENSE FUNDING TO CHINA'S RESEARCH LABS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Department of Defense Office
of Inspector General shall conduct a study, and submit a
report to Congress, regarding the amount of Federal funds
awarded by the Department of Defense (whether directly or
indirectly) through grants, contracts, subgrants,
subcontracts, or any other type of agreement or
collaboration, during the 10-year period immediately
preceding such date of enactment, that--
(1) was provided, whether purposely or inadvertently, to--
(A) the People's Republic of China;
(B) the Communist Party of China;
(C) the Wuhan Institute of Virology or any other
organization administered by the Chinese Academy of Sciences;
(D) EcoHealth Alliance Inc., including any subsidiaries and
related organizations that are directly controlled by
EcoHealth Alliance, Inc.; or
(E) any other lab, agency, organization, individual, or
instrumentality that is owned, controlled (directly or
indirectly), or overseen (officially or unofficially) by any
of the entities listed in subparagraphs (A) through (D); or
(2) was used to fund research or experiments that could
have reasonably resulted in the enhancement of any
coronavirus, influenza, Nipah, Ebola, or other pathogen of
pandemic potential or chimeric versions of such a virus or
pathogen in the People's Republic of China or any other
foreign country.
(b) Identification of Countries and Pathogens.--The report
required under subsection (a) shall specify--
(1) the countries in which the research or experiments
described in subsection (a)(2) was conducted; and
(2) the pathogens involved in such research or experiments.
SEC. 1364. PROHIBITING FEDERAL FUNDING FOR ECOHEALTH ALLIANCE
INC.
None of the funds authorized to be appropriated under this
Act may be made available for any purpose to--
(1) EcoHealth Alliance, Inc.;
(2) any subsidiary of EcoHealth Alliance Inc;
(3) any organization that is directly controlled by
EcoHealth Alliance Inc; or
(4) any organization or individual that is a subgrantee or
subcontractor of EcoHealth Alliance Inc.
SEC. 1365. ASSESSMENT RELATING TO CONTINGENCY OPERATIONAL
PLAN OF UNITED STATES INDO-PACIFIC COMMAND.
(a) In General.--The Secretary of Defense shall conduct an
assessment, based on the contingency operational plan for a
major conflict in the area of operations of the United States
Indo-Pacific Command, to identify and characterize the
dependencies of such plan on specific critical infrastructure
facilities, capabilities, and services for the successful
mobilization, deployment, and sustainment of forces.
(b) Briefings.--The Secretary shall provide to the
congressional defense committees--
(1) before the date on which the Secretary commences the
assessment required by subsection (a), a briefing that sets
forth the terms of reference and a plan for such assessment;
and
(2) a briefing on the results of such assessment, not later
than the earlier of--
(A) the date on which Secretary completes such assessment;
or
(B) the date that is 180 days after the enactment of this
Act.
SEC. 1366. ASSESSMENT OF ABSORPTIVE CAPACITY OF MILITARY
FORCES OF TAIWAN.
(a) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a report on the absorptive
capacity of the military forces of Taiwan for military
capabilities provided and approved by the United States for
delivery to Taiwan in the last 10 years, including the date
of projected or achieved initial and full operational
capabilities.
(2) Briefing requirement.--Not later than 30 days after the
delivery of the required report, the Secretary shall provide
a briefing on the report to the appropriate committees of
Congress.
(3) Form.--The required report shall be provided in
classified form with an unclassified cover letter.
(b) Definitions.--In this section:
(1) Absorptive capacity.--The term ``absorptive capacity''
means the capacity of the recipient unit to achieve initial
operational capability, including to operate, maintain,
sustain, deploy, and employ to operational effect, a defense
article or service for its intended end-use.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1367. ANALYSIS OF RISKS AND IMPLICATIONS OF POTENTIAL
SUSTAINED MILITARY BLOCKADE OF TAIWAN BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Analysis Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, in coordination with
the Director of National Intelligence, shall complete a
comprehensive analysis of the risks and implications of a
sustained military blockade of Taiwan by the People's
Republic of China.
(2) Elements.--The analysis required by paragraph (1) shall
include the following:
[[Page S3998]]
(A) An assessment of the means by which the People's
Republic of China could execute a sustained military blockade
of Taiwan, including the most likely courses of action
through which the People's Republic of China could accomplish
such a blockade.
(B) An identification of indications and warnings of a
potential sustained military blockade of Taiwan by the
People's Republic of China, and the likely timelines for such
indications and warnings.
(C) An identification of other coercive actions the
People's Republic of China may potentially take before or
independently of such a blockade, including the seizure of
outlying islands of Taiwan.
(D) An assessment of the impact of such a blockade on the
ability of Taiwan to sustain its military capabilities,
economy, and population.
(E) An assessment of threats to, and other potential
negative impacts on, the United States homeland during such a
blockade scenario.
(F) An assessment of key military operational problems
presented by such a blockade.
(G) An assessment of the concept-required military
capabilities necessary to address the problems identified
under subparagraph (F).
(H) An assessment of challenges to escalation management.
(I) An assessment of military or nonmilitary options to
counter or retaliate against such a blockade or the seizure
of outlying islands of Taiwan, including through horizontal
escalation.
(J) An assessment of the extent to which such a blockade is
addressed by the Joint Warfighting Concept and Joint Concept
for Competing.
(K) An identification of necessary changes to United States
Armed Forces force design, doctrine, and tactics, techniques,
and procedures for responding to or mitigating the impact of
such a blockade.
(L) An assessment of the role of United States partners and
allies in addressing the threats and challenges posed by a
such a potential blockade.
(M) Any other matter the Secretary of Defense considers
relevant.
(b) Interagency Engagement.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of
Defense shall seek to engage with the head of any other
appropriate Federal department or agency--
(1) regarding the threats and challenges posed by a
potential sustained military blockade of Taiwan by the
People's Republic of China; and
(2) to better understand potential options for a response
by the United States Government to such a blockade.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate committees of Congress a classified
report--
(1) on the assessment required by paragraph (1) of
subsection (a), including all elements described in paragraph
(2) of that subsection; and
(2) the interagency engagements conducted under subsection
(b).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives.
SEC. 1368. SENSE OF THE SENATE ON DEFENSE ALLIANCES AND
PARTNERSHIPS IN THE INDO-PACIFIC REGION.
(a) Findings.--The Senate makes the following findings:
(1) The 2022 National Defense Strategy states,
``[m]utually-beneficial Alliances and partnerships are our
greatest global strategic advantage.''.
(2) The United States Indo-Pacific Strategy states, ``we
will prioritize our single greatest asymmetric strength: our
network of security alliances and partnerships. Across the
region, the United States will work with allies and partners
to deepen our interoperability and develop and deploy
advanced warfighting capabilities as we support them in
defending their citizens and their sovereign interests.''.
(3) Secretary of Defense Lloyd Austin testified on March
28, 2023, that ``our allies and partners are a huge force
multiplier. They magnify our power, advance our shared
security interests, and help uphold a world that is free,
open, prosperous, and secure.''.
(4) Chairman of the Joint Chiefs of Staff General Milley
testified on March 28, 2023, that ``our alliances and
partnerships are key to maintaining the rules-based
international order and a stable and open international
system promoting peace and prosperity. . .We are stronger
when we operate closely with our allies and partners.''.
(5) Commander of the United States Indo-Pacific Command
Admiral Aquilino testified on April 20, 2023, that ``a robust
network of allies and partners, built on the strength of our
shared interests, is our greatest advantage. United States
Indo-Pacific Command is strengthening all layers of our
security network: allies, multilateral arrangements,
partners, friends, and the Five Eyes nations. We execute
security cooperation activities, training, and exercises to
strengthen those relationships, build partner capacity, and
enhance interoperability.''.
(b) Sense of the Senate.--It is the sense of the Senate
that the Secretary of Defense should continue efforts that
strengthen United States defense alliances and partnerships
in the Indo-Pacific region so as to further the comparative
advantage of the United States in strategic competition with
the People's Republic of China, including by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United
States of America and Japan, signed at Washington, January
19, 1960, including by developing advanced military
capabilities, fostering interoperability across all domains,
and improving sharing of information and intelligence;
(2) reinforcing the United States alliance with the
Republic of Korea, including by maintaining the presence of
approximately 28,500 members of the United States Armed
Forces deployed to the country and affirming the United
States commitment to extended deterrence using the full range
of United States defense capabilities, consistent with the
Mutual Defense Treaty Between the United States and the
Republic of Korea, signed at Washington, October 1, 1953, in
support of the shared objective of a peaceful and stable
Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between
Australia, New Zealand, and the United States of America,
signed at San Francisco, September 1, 1951, and through the
partnership among Australia, the United Kingdom, and the
United States (commonly known as ``AUKUS'')--
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines
and Thailand and United States partnerships with other
partners in the Association of Southeast Asian Nations to
enhance maritime domain awareness, promote sovereignty and
territorial integrity, leverage technology and promote
innovation, and support an open, inclusive, and rules-based
regional architecture;
(5) broadening United States engagement with India,
including through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free and open
Indo-Pacific region through bilateral and multilateral
engagements and participation in military exercises, expanded
defense trade, and collaboration on humanitarian aid and
disaster response; and
(B) to enable greater cooperation on maritime security;
(6) strengthening the United States partnership with
Taiwan, consistent with the Three Communiques, the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and
the Six Assurances, with the goal of improving Taiwan's
defensive capabilities and promoting peaceful cross-strait
relations;
(7) reinforcing the status of the Republic of Singapore as
a Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation
between the military forces of the Republic of Singapore and
the Armed Forces of the United States, including through
participation in combined exercises and training;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and
other Pacific Island countries with the goal of strengthening
regional security and addressing issues of mutual concern,
including protecting fisheries from illegal, unreported, and
unregulated fishing;
(9) collaborating with Canada, the United Kingdom, France,
and other members of the European Union and the North
Atlantic Treaty Organization to build connectivity and
advance a shared vision for the region that is principled,
long-term, and anchored in democratic resilience; and
(10) investing in enhanced military posture and
capabilities in the area of responsibility of the United
States Indo-Pacific Command and strengthening cooperation in
bilateral relationships, multilateral partnerships, and other
international fora to uphold global security and shared
principles, with the goal of ensuring the maintenance of a
free and open Indo-Pacific region.
SEC. 1369. ASSESSMENT OF GIFTS AND GRANTS TO UNITED STATES
INSTITUTIONS OF HIGHER EDUCATION FROM ENTITIES
ON THE NON-SDN CHINESE MILITARY-INDUSTRIAL
COMPLEX COMPANIES LIST.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall submit to the appropriate congressional committees an
assessment of gifts and grants to United States institutions
of higher education from entities on the Non-SDN Chinese
Military-Industrial Complex Companies List maintained by the
Office of Foreign Assets Control.
(b) Elements.--The Secretary, in consultation with the
Secretary of Education, shall include in the assessment
required by subsection (a) an estimate of--
(1) a list and description of each of the gifts and grants
provided to United States institutions of higher education by
entities described in subsection (a); and
(2) the monetary value of each of those gifts and grants.
(c) Definitions.--In this section:
[[Page S3999]]
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives.
(2) Gifts and grants.--The term ``gifts and grants''
includes financial contributions, material donations,
provision of services, scholarships, fellowships, research
funding, infrastructure investment, contracts, or any other
form of support that provides a benefit to the recipient
institution.
SEC. 1370. EXTENSION OF EXPORT PROHIBITION ON MUNITIONS ITEMS
TO THE HONG KONG POLICE FORCE.
Section 3 of the Act entitled ``An Act to prohibit the
commercial export of covered munitions items to the Hong Kong
Police Force'', approved November 27, 2019 (Public Law 116-
77; 133 Stat. 1173), is amended by striking ``shall expire on
December 31, 2024'' and inserting ``shall expire on the date
on which the President certifies to the appropriate
congressional committees that--
``(1) the Secretary of State has, on or after the date of
the enactment of this paragraph, certified under section 205
of the United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5701 et seq.) that Hong Kong warrants treatment under United
States law in the same manner as United States laws were
applied to Hong Kong before July 1, 1997;
``(2) the Hong Kong Police have not engaged in gross
violations of human rights during the 1-year period ending on
the date of such certification; and
``(3) there has been an independent examination of human
rights concerns related to the crowd control tactics of the
Hong Kong Police and the Government of the Hong Kong Special
Administrative Region has adequately addressed those
concerns.''.
Subtitle E--Securing Maritime Data From China
SEC. 1371. SHORT TITLE.
This subtitle may be cited as the ``Securing Maritime Data
from China Act of 2023''.
SEC. 1372. LOGINK DEFINED.
In this subtitle, the term ``LOGINK'' means the public,
open, shared logistics information network known as the
National Public Information Platform for Transportation and
Logistics by the Ministry of Transport of the People's
Republic of China.
SEC. 1373. COUNTERING THE SPREAD OF LOGINK.
(a) Contracting Prohibition.--The Department of Defense may
not enter into or renew any contract with any entity that
uses--
(1) LOGINK;
(2) any logistics platform controlled by, affiliated with,
or subject to the jurisdiction of the Chinese Communist Party
or the Government of the People's Republic of China; or
(3) any logistics platform that shares data with a system
described in paragraph (1) or (2).
(b) Applicability.--Subsection (a) applies with respect to
any contract entered into or renewed on or after the date
that is 2 years after the date of the enactment of this Act.
Subtitle F--Reports
SEC. 1381. REPORT ON DEPARTMENT OF DEFENSE ROLES AND
RESPONSIBILITIES IN SUPPORT OF NATIONAL
STRATEGY FOR THE ARCTIC REGION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on Department of
Defense roles and responsibilities in support of the National
Strategy for the Arctic Region that includes--
(1) an identification of the Department's lines of effort
to support the implementation of the National Strategy for
the Arctic Region, including the implementation plan for each
applicable military department;
(2) a plan for the execution of, and a projected timeline
and the resource requirements for, each such line of effort;
and
(3) any other matter the Secretary considers relevant.
Subtitle G--Other Matters
SEC. 1391. MILITARY INTELLIGENCE COLLECTION AND ANALYSIS
PARTNERSHIPS.
(a) Use of Funds Other Than Appropriated Funds.--
(1) In general.--Subject to paragraph (2), the Director of
the Defense Intelligence Agency, in coordination with the
Secretary of State and the Director of National Intelligence,
may accept and expend foreign partner funds in order for the
foreign partner or partners to share with the Defense
Intelligence Agency the expenses of joint and combined
military intelligence collection and analysis activities.
(2) Limitations.--
(A) Previously denied funds.--Funds accepted under this
section may not be expended, in whole or in part, by or for
the benefit of the Defense Intelligence Agency for any
purpose for which Congress has previously denied funds.
(B) Joint benefit.--The authority provided by paragraph (1)
may not be used to acquire items or services for the sole
benefit of the United States.
(b) Annual Report.--Not later than March 1, 2025, and
annually thereafter for four years, the Director of the
Defense Intelligence Agency shall submit to the appropriate
committees of Congress a report on any funds accepted or
expended under this section during the preceding calendar
year, including an identification of the foreign partner or
partners involved and a description of the purpose of such
funds.
(c) Termination.--The authority to accept and expend
foreign partner funds pursuant to this section shall
terminate on December 31, 2028.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1392. COLLABORATION WITH PARTNER COUNTRIES TO DEVELOP
AND MAINTAIN MILITARY-WIDE TRANSFORMATIONAL
STRATEGIES FOR OPERATIONAL ENERGY.
(a) Establishment.--
(1) In general.--Not later than January 1, 2025, the
Secretary of Defense shall establish a partnership program
using existing authorities to collaborate with the military
forces of partner countries in developing and maintaining
military-wide transformational strategies for operational
energy (in this section referred to as the ``Program'').
(2) Organization.--The Assistant Secretary of Defense for
Energy, Installations, and Environment, in coordination with
the Under Secretary of Defense for Policy and in consultation
with the Secretaries of the military departments, the
commanders of the combatant commands, and any other
individual the Secretary of Defense considers appropriate,
shall be responsible for, and shall oversee, the Program.
(b) Objective.--The objective of the Program is to promote
the readiness of the United States Armed Forces and the
military forces of partner countries for missions in
contested logistics environments by focusing on demand
reduction and employing more diverse and renewable
operational energy sources so as to enhance energy security,
energy resilience, and energy conservation, reduce logistical
vulnerabilities, and ensure that supply lines are resilient
to extreme weather, disruptions to energy supplies, and
direct or indirect cyber attacks.
(c) Activities.--
(1) In general.--Under the Program, the United States Armed
Forces and the military forces of each participating partner
country shall, in coordination--
(A) establish policies to improve warfighting capability
through energy security and energy resilience;
(B) integrate efforts to mitigate mutual contested
logistics challenges through the reduction of operational
energy demand;
(C) identify and mitigate operational energy challenges
presented by any contested logistics environment, including
through developing innovative delivery systems, distributed
storage, flexible contracting, and improved automation;
(D) assess and integrate, to the extent practicable, any
technology, including electric, hydrogen, nuclear, biofuels,
and any other sustainable fuel technology or renewable energy
technology, that may reduce operational energy demand in the
near term or long term;
(E) assess and consider any infrastructure investment of
allied and partner countries that may affect operational
energy availability in the event of a conflict with a near-
peer adversary; and
(F) assess and integrate, to the extent practicable--
(i) any technology that increases sustainability; and
(ii) any practice, technology, or strategy that reduces
negative impacts on human health.
(2) Country considerations.--In carrying out any activity
under paragraph (1), to the extent practicable, the relevant
existing and past military conflicts and cultural practices
of, and beliefs prevalent in, the participating country shall
be taken into account.
(d) Strategy.--
(1) In general.--Not later than September 30, 2024, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
strategy for the implementation of the Program.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) A governance structure for the Program, including--
(i) the officials tasked to oversee the Program;
(ii) the format of the governing body of the Program;
(iii) the functions and duties of such governing body with
respect to establishing and maintaining the Program; and
(iv) mechanisms for coordinating with partner countries
selected to participate in the Program.
(B) With respect to the selection of partner countries
initially selected to participate in the Program--
(i) an identification of each such country;
(ii) the rationale for selecting each such country,
including a description of--
(I) the benefits to the military forces of the partner
country; and
(II) the benefits to the United States Armed Forces of
participation by such country;
(iii) a description of any limitation on the participation
of a selected partner country; and
(iv) any other information the Secretary considers
appropriate.
[[Page S4000]]
(C) A list of additional authorities, appropriations, or
other congressional support necessary to ensure the success
of the Program.
(D) A campaign of objectives for the first three fiscal
years of the Program, including--
(i) a description of, and a rationale for selecting, such
objectives;
(ii) an identification of milestones toward achieving such
objectives; and
(iii) metrics for evaluating success in achieving such
objectives.
(E) A description of opportunities and potential timelines
for future Program expansion, as appropriate.
(F) Any other information the Secretary considers
appropriate.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(e) Report.--
(1) In general.--Not later than September 20, 2025, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees a report on the Program.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A narrative summary of activities conducted as part of
the Program during the preceding fiscal year.
(B) Except in the case of the initial report, an assessment
of progress toward the objectives established for the
preceding fiscal year described in the preceding report under
this subsection using the metrics established in such report.
(C) A campaign of objectives for the three fiscal years
following the date of submission of the report, including--
(i) a description of, and a rationale for selecting, such
objectives;
(ii) an identification of milestones toward achieving such
objectives; and
(iii) metrics for evaluating success in achieving such
objectives.
(D) A description of opportunities and potential timelines
for future Program expansion, as appropriate.
(E) Any other information the Secretary considers
appropriate.
(3) Form.-- Each report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(f) Termination.--The Program shall terminate on December
31, 2029.
(g) Contested Logistics Environment Defined.--In this
section, the term ``contested logistics environment'' means
an environment in which the United States Armed Forces or the
military forces of a partner country engage in conflict with
an adversary that presents challenges in all domains and
directly targets logistics operations, facilities, and
activities in the United States, abroad, or in transit from
one location to the other.
SEC. 1393. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS FOR
IRREGULAR WARFARE.
(a) In General.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 127c the following:
``Sec. 127d. Support of special operations for irregular
warfare
``(a) Authority.--The Secretary of Defense may, with the
concurrence of the relevant Chief of Mission, expend up to
$20,000,000 during any fiscal year to provide support to
foreign forces, irregular forces, groups, or individuals
engaged in supporting or facilitating ongoing and authorized
irregular warfare operations by United States Special
Operations Forces.
``(b) Funds.--Funds for support under this section in a
fiscal year shall be derived from amounts authorized to be
appropriated for that fiscal year for the Department of
Defense for operation and maintenance.
``(c) Procedures.--
``(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary
shall establish for purposes of this section.
``(2) Elements.--The procedures required under paragraph
(1) shall establish, at a minimum, the following:
``(A) Policy guidance for the execution of, and constraints
within, activities under the authority in this section.
``(B) The processes through which activities under the
authority in this section are to be developed, validated, and
coordinated, as appropriate, with relevant entities of the
United States Government.
``(C) The processes through which legal reviews and
determinations are made to comply with the authority in this
section and ensure that the exercise of such authority is
consistent with the national security of the United States.
``(D) The processes to ensure, to the extent practicable,
that before a decision to provide support is made, the
recipients of support do not pose a counterintelligence or
force protection threat and have not engaged in gross
violations of human rights.
``(E) The processes by which the Department shall keep the
congressional defense committees fully and currently informed
of--
``(i) the requirements for the use of the authority in this
section; and
``(ii) activities conducted under such authority.
``(3) Notice to congress on procedures and material
modifications.--The Secretary shall notify the congressional
defense committees of the procedures established pursuant to
this section before any exercise of the authority in this
section, and shall notify such committee of any material
modification of the procedures.
``(d) Construction of Authority.--Nothing in this section
shall be construed to constitute a specific statutory
authorization for any of the following:
``(1) The conduct of a covert action, as such term is
defined in section 503(e) of the National Security Act of
1947 (50 U.S.C. 3093(e)).
``(2) The introduction of United States Armed Forces
(including as such term is defined in section 8(c) of the War
Powers Resolution ( 50 U.S.C. 1547(c))) into hostilities or
into situations wherein hostilities are clearly indicated by
the circumstances.
``(3) The provision of support to regular forces, irregular
forces, groups, or individuals for the conduct of operations
that United States Special Operations Forces are not
otherwise legally authorized to conduct themselves.
``(4) The conduct or support of activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.
``(e) Limitation on Delegation.--The authority of the
Secretary to make funds available under this section for
support of a military operation may not be delegated.
``(f) Programmatic and Policy Oversight.--The Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict shall have primary programmatic and policy oversight
within the Office of the Secretary of Defense of support to
irregular warfare activities authorized by this section.
``(g) Notification.--
``(1) In general.--Not later than 15 days before exercising
the authority in this section to make funds available to
initiate support of an ongoing and authorized operation or
changing the scope or funding level of any support under this
section for such an operation by $500,000 or an amount equal
to 10 percent of such funding level (whichever is less), the
Secretary shall notify the congressional defense committees
of the use of such authority with respect to such operation.
Any such notification shall be in writing.
``(2) Elements.--A notification required by this subsection
shall include the following:
``(A) The type of support to be provided to United States
Special Operations Forces, and a description of the ongoing
and authorized operation to be supported.
``(B) A description of the foreign forces, irregular
forces, groups, or individuals engaged in supporting or
facilitating the ongoing and authorized operation that is to
be the recipient of funds.
``(C) The type of support to be provided to the recipient
of the funds, and a description of the end-use monitoring to
be used in connection with the use of the funds.
``(D) The amount obligated under the authority to provide
support.
``(E) The duration for which the support is expected to be
provided, and an identification of the timeframe in which the
provision of support will be reviewed by the commander of the
applicable combatant command for a determination with respect
to the necessity of continuing such support.
``(F) The determination of the Secretary that the provision
of support does not constitute any of the following:
``(i) An introduction of United States Armed Forces
(including as such term is defined in section 8(c) of the War
Powers Resolution (50 U.S.C. 1547(c))) into hostilities, or
into situations where hostilities are clearly indicated by
the circumstances, without specific statutory authorization
within the meaning of section 5(b) of such Resolution (50
U.S.C. 1544(b)).
``(ii) A covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C.
3093(e)).
``(iii) An authorization for the provision of support to
regular forces, irregular forces, groups, or individuals for
the conduct of operations that United States Special
Operations Forces are not otherwise legally authorized to
conduct themselves.
``(iv) The conduct or support of activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.
``(h) Notification of Suspension or Termination of
Support.--
``(1) In general.--Not later than 48 hours after suspending
or terminating support to any foreign force, irregular force,
group, or individual provided pursuant to the authority in
this section, the Secretary shall submit to the congressional
defense committees a written notice of such suspension or
termination.
``(2) Elements.--The written notice required by paragraph
(1) shall include each of the following:
``(A) A description of the reasons for the suspension or
termination of such support.
``(B) A description of any effect on regional, theater, or
global campaign plan objectives anticipated to result from
such suspension or termination.
``(C) A plan for such suspension or termination, and, in
the case of support that is planned to be transitioned to any
other program of the Department of Defense or to a program of
any other Federal department or agency, a detailed
description of the transition plan, including the resources,
equipment, capabilities, and personnel associated with such
plan.
``(i) Biannual Reports.--
``(1) Report on preceding fiscal year.--Not later than 120
days after the close of each fiscal year in which subsection
(a) is in effect, the Secretary shall submit to the
congressional defense committees a report on
[[Page S4001]]
the support provided under this section during the preceding
fiscal year.
``(2) Report on current calendar year.-- Not later than 180
days after the submittal of each report required by paragraph
(1), the Secretary shall submit to the congressional defense
committees a report on the support provided under this
section during the first half of the fiscal year in which the
report under this paragraph is submitted.
``(3) Elements.--Each report required by this subsection
shall include the following:
``(A) A summary of the ongoing irregular warfare
operations, and associated authorized campaign plans, being
conducted by United States Special Operations Forces that
were supported or facilitated by foreign forces, irregular
forces, groups, or individuals for which support was provided
under this section during the period covered by such report.
``(B) A description of the support or facilitation provided
by such foreign forces, irregular forces, groups, or
individuals to United States Special Operations Forces during
such period.
``(C) The type of recipients that were provided support
under this section during such period, identified by
authorized category (foreign forces, irregular forces,
groups, or individuals).
``(D) A detailed description of the support provided to the
recipients under this section during such period.
``(E) The total amount obligated for support under this
section during such period, including budget details.
``(F) The intended duration of support provided under this
section during such period.
``(G) An assessment of value of the support provided under
this section during such period, including a summary of
significant activities undertaken by foreign forces,
irregular forces, groups, or individuals to support irregular
warfare operations by United States Special Operations
Forces.
``(H) The total amount obligated for support under this
section in prior fiscal years.
``(j) Quarterly Briefings.--
``(1) In general.--Not less frequently than quarterly, the
Secretary shall provide to the congressional defense
committees a briefing on the use of the authority provided by
this section, and other matters relating to irregular
warfare, with the primary purposes of--
``(A) keeping the congressional defense committees fully
and currently informed of irregular warfare requirements and
activities, including emerging combatant commands
requirements; and
``(B) consulting with the congressional defense committees
regarding such matters.
``(2) Elements.--Each briefing required by paragraph (1)
shall include the following:
``(A) An update on irregular warfare activities within each
geographic combatant command and a description of the manner
in which such activities support the respective theater
campaign plan and the National Defense Strategy.
``(B) An overview of relevant authorities and legal issues,
including limitations.
``(C) An overview of irregular warfare-related interagency
activities and initiatives.
``(D) A description of emerging combatant command
requirements for the use of the authority provided by this
section.
``(k) Irregular Warfare Defined.--Subject to subsection
(f), in this section, the term `irregular warfare' means
Department of Defense activities not involving armed conflict
that support predetermined United States policy and military
objectives conducted by, with, and through regular forces,
irregular forces, groups, and individuals.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 127c the following new item:
``127d. Support of special operations for irregular warfare.''.
(c) Repeal.--Section 1202 of the National Defense
Authorization Act for Fiscal Year 2018 is repealed.
SEC. 1394. MODIFICATION OF AUTHORITY FOR EXPENDITURE OF FUNDS
FOR CLANDESTINE ACTIVITIES THAT SUPPORT
OPERATIONAL PREPARATION OF THE ENVIRONMENT.
Section 127f of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (g), and (h), respectively;
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Procedures.--
``(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary
shall establish for purposes of this section.
``(2) Elements.--The procedures required under paragraph
(1) shall establish, at a minimum, each of the following:
``(A) Policy, strategy, or other guidance for the execution
of, and constraints within, activities conducted under this
section.
``(B) The processes through which activities conducted
under this section are to be developed, validated, and
coordinated, as appropriate, with relevant entities of the
United States Government.
``(C) The processes through which legal reviews and
determinations are made to comply with the authority in this
section and ensure that the exercise of such authority is
consistent with the national security interests of the United
States.
``(D) The processes by which the Department of Defense
shall keep the congressional defense committees fully and
currently informed of--
``(i) the requirements for the use of the authority in this
section; and
``(ii) activities conducted under such authority.
``(3) Notice to congress.--The Secretary shall notify the
congressional defense committees of any material modification
to the procedures established under paragraph (1).'';
(3) by inserting after subsection (e), as redesignated, the
following new subsection (f):
``(f) Notification.--Not later than 15 days before
exercising the authority in this section to make funds
available to initiate a new operational preparation of the
environment activity or changing the scope or funding level
of any support for such an operation by $1,000,000 or an
amount equal to 20 percent of such funding level (whichever
is less), or not later than 48 hours after exercising such
authority if the Secretary determines that extraordinary
circumstances that impact the national security of the United
States exist, the Secretary shall notify the congressional
defense committees of the use of such authority with respect
to that activity. Any such notification shall be in
writing.''; and
(4) by adding at the end the following new subsections:
``(i) Oversight by Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict.--The Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict shall have primary responsibility within the Office
of the Secretary of Defense for oversight of policies and
programs authorized by this section.
``(j) Construction of Authority.--Nothing in this section
may be construed to constitute authority to conduct, or
provide statutory authorization for, any of the following:
``(1) Execution of operational activities.
``(2) A covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C.
3093(e)).
``(3) An introduction of the armed forces, (including the
introduction of United States Armed Forces as such term is
defined in section 8(c) of the War Powers Resolution (50
U.S.C. 1547(c))), into hostilities, or into situations where
hostilities are clearly indicated by the circumstances,
without specific statutory authorization within the meaning
of section 5(b) of such Resolution (50 U.S.C. 1544(b)).
``(4) Activities or support for activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.
``(k) Operational Preparation of the Environment Defined.--
In this section, the term `operational preparation of the
environment' means the conduct of activities in likely or
potential operational areas to set conditions for mission
execution.''.
SEC. 1395. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION
OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM
UNDUE INFLUENCE AND OTHER SECURITY THREATS.
Section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note)
is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) Policies to limit or prohibit funding provided by the
Department of Defense for institutions or individual
researchers who knowingly contract or make other financial
arrangements with entities identified in the list described
in paragraph (9), which policies shall include--
``(A) use of such list as part of a risk assessment
decision matrix during proposal evaluations, including the
development of a question for proposers or broad area
announcements that require proposers to disclose any
contractual or financial connections with such entities;
``(B) a requirement that the Department shall notify a
proposer of suspected noncompliance with a policy issued
under this paragraph and provide not less than 30 days to
take actions to remedy such noncompliance;
``(C) the establishment of an appeals procedure under which
a proposer may appeal a negative decision on a proposal if
the decision is based on a determination informed by such
list; and
``(D) a requirement that each awardee of funding provided
by the Department shall disclose to the Department any
contract or financial arrangement made with such an entity
during the period of the award.''; and
(C) by adding at the end the following new paragraph:
``(11) Development of measures of effectiveness and
performance to assess and track progress of the Department of
Defense across the initiative, which measures shall include--
``(A) the evaluation of currently available data to support
the assessment of such measures, including the identification
of areas in which gaps exist that may require collection of
completely new data, or modifications to existing data sets;
``(B) current means and methods for the collection of data
in an automated manner, including the identification of areas
in which gaps exist that may require new means for data
collection or visualization of such data; and
``(C) the development of an analysis and assessment
methodology framework to make tradeoffs between the measures
developed
[[Page S4002]]
under this paragraph and other metrics related to assessing
undue foreign influence on the Department of Defense research
enterprise, such as commercial due diligence, beneficial
ownership, and foreign ownership, control, and influence.'';
and
(2) in subsection (e)(2), by adding at the end the
following new subparagraph:
``(G) A description of the status of the measures of
effectiveness and performance described in subsection (c)(11)
for the period covered by such report, including an
analytical assessment of the impact of such measures on the
goals of the initiative.''.
SEC. 1396. MODIFICATION OF AUTHORITY FOR CERTAIN PAYMENTS TO
REDRESS INJURY AND LOSS.
Section 1213(h) of the National Defense Authorization Act
for Fiscal Year 2020 (10 U.S.C. 2731 note) is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), and moving such
clauses, as redesignated, two ems to the right;
(2) by redesignating paragraph (1) as subparagraph (A) and
moving such subparagraph, as redesignated, two ems to the
right;
(3) by amending paragraph (2) to read as follows:
``(B) A description of any denied or refused ex gratia
payment or request, including--
``(i) the date on which any such request was made;
``(ii) the steps the Department of Defense has taken to
respond to the request;
``(iii) in the case of a refused payment, the reason for
such refusal, if known; and
``(iv) any other reason for which a payment was not offered
or made.'';
(4) by redesignating paragraph (3) as subparagraph (C) and
moving such subparagraph, as redesignated, two ems to the
right;
(5) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(6) by adding at the end the following new paragraph (2):
``(2) Public availability.--
``(A) In general.--Not later than 15 days after the date on
which the Secretary of Defense submits each report required
by paragraph (1), the Secretary shall make the report
available to the public in an electronic format.
``(B) Privacy.--The Secretary of Defense shall exclude from
each report made available to the public under subparagraph
(A)--
``(i) confidential or personally identifiable information
pertaining to specific payment recipients so as to ensure the
safety and privacy of such recipients; and
``(ii) any confidential or classified information that
would undermine Department of Defense operational
security.''.
SEC. 1397. MODIFICATION OF AUTHORITY FOR COOPERATION ON
DIRECTED ENERGY CAPABILITIES.
(a) Program Authorization.--Section 1280 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3982; 22
U.S.C. 8606 note) is amended--
(1) in subsection (d), in the first sentence--
(A) by inserting ``acting through the Under Secretary of
Defense for Research and Engineering,'' after ``the Secretary
of Defense,''; and
(B) by striking ``may establish a program'' and inserting
``is authorized''; and
(2) by adding at the end the following new subsection:
``(e) Notification.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Research and Engineering shall submit to the appropriate
committees of Congress an assessment detailing--
``(A) the most promising directed energy missile defense
technologies available for co-development with the Government
of Israel;
``(B) any risks relating to the implementation of a
directed energy missile defense technology co-development
program with the Government of Israel;
``(C) an anticipated spending plan for fiscal year 2024
funding authorized by the National Defense Authorization Act
for Fiscal Year 2024 to carry out this section; and
``(D) initial projections for likely funding requirements
to carry out a directed energy missile defense technology co-
development program with the Government of Israel over the
five fiscal years beginning after the date of the enactment
of that Act, as applicable.
``(2) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress'
means--
``(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
``(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.''.
(b) Additional Funding.--The amount authorized to be
appropriated for fiscal year 2024 by section 4201 for
research, development, test, and evaluation for Advanced
Component Development and Prototypes is hereby increased by
$25,000,000, with the amount of the increase to be available
for Israeli Cooperative Programs (PE 0603913C).
(c) Offset.--The amount authorized to be appropriated for
fiscal year 2024 by section 4201 for research, development,
test, and evaluation for the Air Force is hereby decreased by
$25,000,000, with the amount of the decrease to be taken from
the amounts available for VC-25B (PE 0401319F).
SEC. 1398. MODIFICATION OF ARCTIC SECURITY INITIATIVE.
Section 1090(b)(2) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1927)
is amended--
(1) in subparagraph (A), by striking ``the Secretary may''
and inserting ``the Secretary shall''; and
(2) in subparagraph (B)(i), by striking ``If the Initiative
is established'' and inserting ``On the establishment of the
Initiative''.
SEC. 1399. TERMINATION OF AUTHORIZATION OF NON-CONVENTIONAL
ASSISTED RECOVERY CAPABILITIES.
Section 943(g) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4578) is amended to read as follows:
``(g) Termination.--The authority under this section shall
terminate on December 31, 2023.''.
SEC. 1399A. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING
TO NON-UNITED STATES AIRCRAFT THAT ENGAGE IN
HOSTILITIES IN THE ONGOING CIVIL WAR IN YEMEN.
Section 1273 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1699) is
amended to read as follows:
``SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED
STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN
THE ONGOING CIVIL WAR IN YEMEN.
``For the one-year period beginning on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2024, the Department of Defense may not provide
in-flight refueling pursuant to section 2342 of title 10,
United States Code, or any other applicable statutory
authority, to non-United States aircraft that engage in
hostilities in the ongoing civil war in Yemen unless and
until a declaration of war or a specific statutory
authorization for such use of the United States Armed Forces
has been enacted.''.
SEC. 1399B. EXTENSION OF UNITED STATES-ISRAEL ANTI-TUNNEL
COOPERATION.
Section 1279(f) of the National Defense Authorization Act
for Fiscal Year 2016 (22 U.S.C. 8606 note) is amended by
striking ``December 31, 2024'' and inserting ``December 31,
2026''.
SEC. 1399C. PROHIBITION ON DELEGATION OF AUTHORITY TO
DESIGNATE FOREIGN PARTNER FORCES AS ELIGIBLE
FOR THE PROVISION OF COLLECTIVE SELF-DEFENSE
SUPPORT BY UNITED STATES ARMED FORCES.
(a) In General.--The authority to designate foreign partner
forces as eligible for the provision of collective self-
defense support by the United States Armed Forces may not be
delegated below the Secretary of Defense.
(b) Review.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall review existing
designations of foreign partner forces as eligible for the
provision of collective self-defense support by the United
States Armed Forces and provide the congressional defense
committees with a certification with respect to whether each
such designation remains valid.
(c) Waiver.--
(1) In general.--The Secretary may waive the prohibition
under subsection (a) if the Secretary determines that there
are compelling circumstances that necessitate the waiver of
such prohibition.
(2) Notice.--Not later than 48 hours after the Secretary
exercises the waiver authority under paragraph (1), the
Secretary shall submit to the congressional defense
committees a notice of the waiver, which shall include--
(A) a description of the compelling circumstances that
necessitated the wavier;
(B) a description of the United States national security
interests served by the waiver;
(C) an identification of any named operation related to the
waiver; and
(D) an articulation of any temporal, geographic, or other
limitations on the waiver.
(d) Rule of Construction.--Nothing in this section shall be
construed as invalidating a designation of foreign partner
forces as eligible for the provision of collective self-
defense support by the United States Armed Forces that is in
effect as of the date of the enactment of this Act.
(e) Collective Self-defense Defined.--In this section, the
term ``collective self-defense'' means the use of United
States military force to defend designated foreign partner
forces, their facilities, and their property.
SEC. 1399D. PARTICIPATION BY MILITARY DEPARTMENTS IN
INTEROPERABILITY PROGRAMS WITH MILITARY FORCES
OF AUSTRALIA, CANADA, NEW ZEALAND, AND THE
UNITED KINGDOM.
(a) In General.--Section 1274 of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350a note)
is amended--
(1) in the section heading, by striking ``administration of
the american, british, canadian, and australian armies'
program'' and inserting ``participation by military
departments in interoperability programs with military forces
of australia, canada, new zealand, and the united kingdom'';
and
(2) in subsection (a)--
(A) by inserting ``a military department of'' after ``the
participation by''; and
(B) by striking ``the land-force program known as the
American, British, Canadian, and Australian Armies' Program''
and inserting ``an interoperability program with the military
forces of one or more participating countries specified in
subsection (b)''.
[[Page S4003]]
(b) Clerical Amendments.--
(1) The table of contents of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 1632) is amended by striking the item relating to
section 1274 and inserting the following:
``Sec. 1274. Participation by military departments in interoperability
programs with military forces of Australia, Canada, New
Zealand, and the United Kingdom.''.
(2) The table of contents for title XII of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1977) is amended by striking the item
relating to section 1274 and inserting the following:
``Sec. 1274. Participation by military departments in interoperability
programs with military forces of Australia, Canada, New
Zealand, and the United Kingdom.''.
SEC. 1399E. COOPERATION WITH ALLIES AND PARTNERS IN MIDDLE
EAST ON DEVELOPMENT OF INTEGRATED REGIONAL
CYBERSECURITY ARCHITECTURE.
(a) Cooperation.--
(1) In general.--The Secretary of Defense, using existing
authorities and in consultation with the head of any other
Federal agency, as appropriate, shall seek to cooperate with
allies and partners in the Middle East with respect to
developing an integrated regional cybersecurity architecture
and deepening military cybersecurity partnerships to defend
military networks, infrastructure, and systems against
hostile cyber activity.
(2) Protection of sensitive information.--Any activity
carried out under paragraph (1)shall be conducted in a manner
that--
(A) is consistent with the protection of intelligence
sources and methods; and
(B) appropriately protects sensitive information and the
national security interests of the United States.
(b) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a strategy for cooperation
with allies and partners in the Middle East to develop an
integrated regional cybersecurity architecture to defend
military networks, infrastructure, and systems against
hostile cyber activity.
(2) Elements.--The strategy submitted under paragraph (1)
shall include the following:
(A) An assessment of the threat landscape of cyberattacks,
military networks, infrastructure, and systems against allies
and partners within the Middle East.
(B) A description of current efforts to share, between the
United States and allies and partners within the Middle East,
indicators and warnings, tactics, techniques, procedures,
threat signatures, planning efforts, training, and other
similar information about cyber threats.
(C) An analysis of current bilateral and multilateral
defense protocols protecting military networks,
infrastructure, and systems and sharing sensitive cyber
threat information between the United States and allies and
partners in the Middle East.
(D) An assessment of whether a multinational integrated
military cybersecurity partnership, including establishing a
center in the Middle East to facilitate such activities,
would improve collective security in the Middle East.
(E) An assessment of gaps in ally and partner capabilities
that would have to be remedied in order to establish such a
center.
(F) A description of any prior or ongoing effort to engage
allies and partners in the Middle East in establishing--
(i) a multinational integrated cybersecurity partnership or
other bilateral or multilateral defensive cybersecurity
information sharing and training partnership; or
(ii) other cooperative defensive cybersecurity measures.
(G) An identification of elements of a potential
multinational military cybersecurity partnership, or other
bilateral or multilateral defensive cybersecurity measures,
that--
(i) can be acquired and operated by specified foreign
partners within the area of responsibility of the United
States Central Command;
(ii) can only be provided and operated by the United
States; and
(iii) can be provided by a third party entity contracted by
the United States Central Command jointly with specified
foreign partners.
(H) Any other matter the Secretary of Defense considers
relevant.
(3) Form.--The strategy required by 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 Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1399F. FOREIGN ADVANCE ACQUISITION ACCOUNT.
(a) Establishment.--The Secretary of Defense may establish,
within the Special Defense Acquisition Fund established
pursuant to chapter 5 of the Arms Export Control Act (22
U.S.C. 2795 et seq.), an account, to be known as the
``Foreign Advance Acquisition Account'' (in this section
referred to as the ``Account''), that shall be maintained
separately from other accounts and used to accelerate the
production of United States-produced end items in reasonable
anticipation of the sale of such end items through the
foreign military sales or direct commercial sales processes.
(b) Use of Funds.--Amounts in the Account shall be made
available to the Secretary of Defense for the following
purposes:
(1) To finance the acquisition, using the procedures of the
Special Defense Acquisition Fund, of defense articles and
services in advance of the transfer of such articles and
services to covered countries through the foreign military
sales process.
(2) To provide a mechanism for covered countries to
contribute funds, including before the completion of a letter
of offer under the procedures of the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the acquisition of such defense
articles and services.
(3) To pay for storage, maintenance, and other costs
related to the storage, preservation, and preparation for
transfer of defense articles and services acquired using
amounts in the Account prior to their transfer, and to pay
for the administrative costs of the Department of Defense
incurred in the acquisition of such items to the extent not
reimbursed pursuant to section 43(b) of the Arms Export
Control Act (22 U.S.C. 2792(b)).
(c) Contributions From Covered Countries.--The Secretary of
Defense may accept contributions of amounts to the Account
from any foreign person, entity, or government of a covered
country.
(d) Limitations.--
(1) Applicability of other law.--Defense articles and
services acquired by the Secretary of Defense using amounts
in the Account may not be transferred to any foreign country
unless such transfer is authorized by the Arms Export Control
Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), or other applicable law.
(2) Previously denied funds.--Amounts in the Account may
not be expended, in whole or in part, by or for the benefit
of the Department of Defense for a purpose for which Congress
has previously denied funds.
(3) Additional limitation.--Amounts in the Account may not
be used to acquire items or services for the sole benefit of
the United States.
(e) Annual Report.--Not later than 60 days after the date
on which each fiscal year ends, the Secretary of Defense
shall submit to the appropriate committees of Congress a
report on the use of the Account that includes, for such
fiscal year--
(1) an identification of each covered country that
contributed to the Account;
(2) the amount deposited into the Account by each such
covered country; and
(3) for each such covered country, the designated defense
articles or services acquired or to be acquired.
(f) Quarterly Report.--Not later than 90 days after the
date of the enactment of this Act, and quarterly thereafter,
the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the use of the Account
that includes, for each transaction--
(1) a description of the transaction;
(2) the amount of the transaction;
(3) the covered country concerned;
(4) an identification of any storage, maintenance, or other
costs associated with the transaction; and
(5) the anticipated date of delivery of the applicable
defense articles or services.
(g) Termination.--The authority under subsection (b) to use
funds in the Account shall terminate on January 1, 2028.
(h) Rule of Construction.--Nothing in this section shall be
construed to limit or impair the responsibilities conferred
on the Secretary of State or the Secretary of Defense under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) or the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(2) Covered country.--The term ``covered country'' means--
(A) a country, other than the United States, that is a
participant in the security partnership among Australia, the
United Kingdom, and the United States (commonly known as the
``AUKUS'' partnership);
(B) a member country of the North Atlantic Treaty
Organization; and
(C) any other country, as designated by the Secretary of
Defense.
SEC. 1399G. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL
EXPENSES OF THE OFFICE OF THE SECRETARY OF
DEFENSE.
Of the funds authorized to be appropriated by this Act for
fiscal year 2024 for operation
[[Page S4004]]
and maintenance, Defense-wide, and available for the Office
of the Secretary of Defense for travel expenses, not more
than 75 percent may be obligated or expended until the
Secretary of Defense submits--
(1) the implementation plan required by section 1087 of the
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2802; 10 U.S.C. 161 note)
relating to the requirement of such section to establish a
joint force headquarters in the area of operations of United
States Indo-Pacific Command to serve as an operational
command;
(2) the plan required by section 1332(g)(2) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 2008) relating to strategic competition in
the areas of responsibility of United States Southern Command
and United States Africa Command; and
(3) the strategy and posture review required by section
1631(g) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1743; 10 U.S.C. 397
note) relating to operations in the information environment.
SEC. 1399H. PLANS RELATED TO RAPID TRANSFER OF CERTAIN
MISSILES AND DEFENSE CAPABILITIES.
(a) In General.--The Assistant Secretary of the Navy for
Research, Development and Acquisition shall--
(1) develop a plan to prepare Navy Harpoon block IC
missiles in a ``sundown'', ``deep stow'', or
``demilitarized'' condition code (including missiles removed
from Navy surface ships) for rapid transfer to allies and
security partners in the United States European Command and
United States Indo-Pacific Command areas of responsibility,
if so ordered; and
(2) establish a plan that would enable the rapid transfer
of additional enhanced coastal defense capabilities that have
tactical significance in assisting partners and allies in
reclaiming sovereign territory, deterring maritime resupply
of illegally seized territory, or aiding in preventing an
amphibious invasion of sovereign territory.
(b) Submission to Congress.--Not later than 90 days after
the date of the enactment of this Act, the Assistant
Secretary shall submit to the congressional defense
committees the plans required by paragraphs (1) and (2) of
subsection (a).
SEC. 1399I. ENSURING PEACE THROUGH STRENGTH IN ISRAEL.
(a) Extension of Authorities.--
(1) 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
``September 30, 2025'' and inserting ``January 1, 2028''.
(2) Rules governing the transfer of precision-guided
munitions to israel above the annual restriction.--Section
1275(e) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
134 Stat. 3980; 22 U.S.C. 2321h note) is amended by striking
``on the date that is three years after the date of the
enactment of this Act'' and inserting ``on January 1, 2028''.
(b) Department of Defense Assessment of Type and Quantity
of Precision-guided Munitions and Other Munitions for Use by
Israel.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
December 31, 2028, the Secretary of Defense shall conduct an
assessment with respect to the following:
(A) The current quantity and type of precision-guided
munitions in the stockpile pursuant to section 12001(d) of
the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011).
(B) The quantity and type of precision-guided munitions
necessary for Israel to protect its homeland and counter
Hezbollah, Hamas, Palestinian Islamic Jihad, or any other
armed terror group or hostile forces in the region in the
event of a sustained armed confrontation.
(C) The quantity and type of other munitions necessary for
Israel to protect its homeland and counter Hezbollah, Hamas,
Palestinian Islamic Jihad, or any other armed group or
hostile forces in the region in the event of a sustained
armed confrontation.
(D) The quantity and type of munitions, including
precision-guided munitions, necessary for Israel to protect
its homeland and counter any combination of Hezbollah, Hamas,
Palestinian Islamic Jihad, and any other armed terror groups
or hostile forces in the region in the event of a multi-
front, sustained armed confrontation.
(E) The resources the Government of Israel would need to
dedicate to acquire the quantity and type of munitions,
including precision-guided munitions, described in
subparagraphs (B) through (D).
(F) Whether, as of the date on which the applicable
assessment is completed, sufficient quantities and types of
munitions, including precision-guided munitions, to conduct
operations described in subparagraphs (B) through (D) are
present in--
(i) the inventory of the military forces of Israel;
(ii) the War Reserves Stock Allies-Israel;
(iii) any other United States stockpile or depot within the
area of responsibility of United States Central Command, as
the Secretary considers appropriate to disclose to the
Government of Israel; or
(iv) the inventory of the United States Armed Forces, as
the Secretary considers appropriate to disclose to the
Government of Israel.
(G) The current inventory of such munitions, including
precision-guided munitions, possessed by the United States,
and whether, as of the date on which the applicable
assessment is completed, the United States is assessed to
have sufficient munitions to meet the requirements of current
operation plans of the United States or global other
munitions requirements.
(H) United States planning and steps being taken--
(i) to assist Israel to prepare for the contingencies, and
to conduct the operations, described in subparagraphs (B)
through (D); and
(ii) to resupply Israel with the quantity and type of such
munitions described in such subparagraphs in the event of a
sustained armed confrontation described in such
subparagraphs.
(I) The quantity and pace at which the United States is
capable of pre-positioning, increasing, stockpiling, or
rapidly replenishing, or assisting in the rapid replenishment
of, such munitions in preparation for, and in the event of,
such a sustained armed confrontation.
(2) Consultation.--In carrying out the assessment required
by paragraph (1), the Secretary shall consult with the
Israeli Ministry of Defense, provided that the Israeli
Ministry of Defense agrees to be so consulted.
(c) Reports.--
(1) Department of defense assessment.--Not later than 15
days after the date on which each Department of Defense
assessment required by subsection (b) is completed, the
Secretary shall submit to the appropriate committees of
Congress a report on such assessment.
(2) Pre-positioning and stockpile implementation report.--
Not later than 180 days after the date on which the report
required by paragraph (1) is submitted, and every 180 days
thereafter through December 31, 2028, the Secretary shall
submit to the appropriate committees of Congress a report
that--
(A) details the actions being taken by the United States,
if any, to pre-position, increase, stockpile, address
shortfalls, and otherwise ensure that the War Reserves Stock
Allies-Israel has, and assist Israel in ensuring that Israel
has, sufficient quantities and types of munitions, including
precision-guided munitions, to conduct the operations
described in subparagraphs (B) through (D) of subsection
(b)(1); and
(B) includes a description of procedures implemented by the
United States, if any, for rapidly replenishing, or assisting
in the rapid replenishment of, stockpiles of such munitions
for use by Israel as may be necessary.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(d) Consolidation of Reports.--
(1) Section 1273 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2066) is amended by striking subsection (b).
(2) Section 1275 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3979; 22 U.S.C. 2321h note) is
amended by striking subsection (d).
SEC. 1399J. IMPROVEMENTS TO SECURITY COOPERATION WORKFORCE
AND DEFENSE ACQUISITION WORKFORCE.
(a) Responsibilities of Secretary of Defense.--
(1) In general.--The Secretary of Defense shall, consistent
with the requirements of section 384 of title 10, United
States Code, as amended by section 1209 of this Act--
(A) carry out activities to professionalize, and increase
the resources available to, the security cooperation
workforce so as to enable the streamlining and expediting of
the foreign military sales process; and
(B) seek to ensure that--
(i) members of the defense acquisition workforce involved
in the foreign military sales process are aware of evolving
United States regional and country-level defense capability-
building priorities; and
(ii) members of the defense acquisition workforce are
professionally evaluated using metrics to measure--
(I) responsiveness to foreign partner requests;
(II) ability to meet foreign partner capability and
delivery schedule requirements; and
(III) advancement of foreign capability-building priorities
described in the guidance updated under subsection (b).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the resources necessary
to implement paragraph (1), including--
(A) the anticipated costs of new personnel and training to
carry out such paragraph;
(B) the estimated increase in foreign military sales
administrative user fees necessary to offset such costs; and
[[Page S4005]]
(C) the feasibility and advisability of establishing, at
the Department of Defense level or the military department
level, a contracting capacity that--
(i) is specific to the execution of contracts for foreign
military sales;
(ii) is fully funded by the Defense Security Cooperation
Agency using foreign military sales administrative funds so
as to ensure that such capacity is dedicated solely to
foreign military sales contracting;
(iii) is monitored by the Defense Security Cooperation
Agency Chief Performance Office, in coordination with the
Under Secretary of Defense for Acquisition and Sustainment,
to ensure effectiveness in meeting foreign military sales
contracting requirements; and
(iv) empowers the Director of the Defense Security
Cooperation Agency, in coordination with the Under Secretary
of Defense for Policy and the Under Secretary of Defense for
Acquisition and Sustainment, to increase or decrease foreign
military sales contracting capacity through the guidance
updated under subsection (b).
(b) Guidance.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
update, as necessary, Department of Defense guidance
governing the execution of foreign military sales by the
Department to ensure that such guidance--
(A) incorporates the National Security Strategy and the
National Defense Strategy;
(B) is informed by the theater campaign plans and theater
security cooperation strategies of the combatant commands;
and
(C) is disseminated to the security cooperation workforce
and the defense acquisition workforce.
(2) Elements.--The updated guidance required by paragraph
(1) shall--
(A) identify--
(i) regional and country-level foreign defense capability-
building priorities; and
(ii) levels of urgency and desired timelines for achieving
foreign capability-building objectives; and
(B) provide guidance to the defense acquisition workforce
regarding levels of resourcing, innovation, and risk
tolerance that should be considered in meeting urgent needs.
(c) Foreign Military Sales Continuous Process Improvement
Board.--
(1) Establishment.--The Secretary of Defense may establish
a Foreign Military Sales Continuous Process Improvement Board
(in this section referred to as the ``Board'') to serve as an
enduring governance structure within the Department of
Defense that reports to the Secretary on matters relating to
the foreign military sales process so as to enhance
accountability and continuous improvement within the
Department, including the objectives of--
(A) improving the understanding, among officials of the
Department, of ally and partner requirements;
(B) enabling efficient reviews for release of technology;
(C) providing allies and partner countries with relevant
priority equipment;
(D) accelerating acquisition and contracting support;
(E) expanding the capacity of the defense industrial base;
and
(F) working with other departments and agencies to promote
broad United States Government support.
(2) Membership.--
(A) In general.--The Board shall be composed of not fewer
than seven members, each of whom shall have expertise in the
foreign military sales process.
(B) Restriction.--The Board may not have as a member--
(i) an officer or employee of the Department of Defense; or
(ii) a member of the United States Armed Forces.
(d) Definitions.--In this section:
(1) Defense acquisition workforce.--The term ``defense
acquisition workforce'' means the Department of Defense
acquisition workforce described in chapter 87 of title 10,
United States Code.
(2) Security cooperation workforce.--The term ``security
cooperation workforce'' has the meaning given the term in
section 384 of title 10, United States Code.
SEC. 1399K. MODIFICATION OF FOREIGN MILITARY SALES
PROCESSING.
(a) Responses.--
(1) Letters of request for pricing and availability.--The
Secretary of Defense shall seek to ensure that an eligible
foreign purchaser that has submitted a letter of request for
pricing and availability data receives a response to the
letter not later than 45 days after the date on which the
letter is received by a United States security cooperation
organization, the Defense Security Cooperation Agency, or
other implementing agency.
(2) Letters of request for letters of offer and
acceptance.--The Secretary of Defense shall seek to ensure
that an eligible foreign purchaser that has submitted a
letter of request for a letter of offer and acceptance
receives a response--
(A) in the case of a letter of request for a blanket-order
letter of offer and acceptance, cooperative logistics supply
support arrangements, or associated amendments and
modifications, not later than 45 days after the date on which
the letter of request is received by a United States security
cooperation organization, the Defense Security Cooperation
Agency, or other implementing agency;
(B) in the case of a letter of request for a defined-order
letter of offer and acceptance or associated amendments and
modifications, not later than 100 days after such date; and
(C) in the case of a letter of request for a defined-order
letter of offer and acceptance or associated amendments that
involve extenuating factors, as approved by the Director of
the Defense Security Cooperation Agency, not later than 150
days after such date.
(3) Waiver.--The Secretary of Defense may waive paragraphs
(1) and (2) if--
(A) such a waiver is in the national security interests of
the United States; and
(B) not later than 5 days after exercising such waiver
authority, the Secretary provides to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives notice of the exercise of
such authority, including an explanation of the one or more
reasons for failing to meet the applicable deadline.
(b) Expansion of Country Prioritization.--With respect to
foreign military sales to member countries of the North
Atlantic Treaty Organization, major non-NATO allies, major
defense partners, and major security partners, the Secretary
of Defense may assign a Defense Priorities and Allocations
System order rating of DX (within the meaning of section
700.11 of title 15, Code of Federal Regulations (as in effect
on the date of the enactment of this Act)).
(c) Definitions.--In this section:
(1) Blanket-order letter of offer and acceptance.--The term
``blanket-order letter of offer and acceptance'' means an
agreement between an eligible foreign purchaser and the
United States Government for a specific category of items or
services (including training) that--
(A) does not include a definitive listing of items or
quantities; and
(B) specifies a maximum dollar amount against which orders
for defense articles and services may be placed.
(2) Cooperative logistics supply support arrangement.--The
term ``cooperative logistics supply support arrangement''
means a military logistics support arrangement designed to
provide responsive and continuous supply support at the depot
level for United States-made military materiel possessed by
foreign countries or international organizations.
(3) Defined-order letter of offer and acceptance.--The term
``defined-order letter of offer and acceptance'' means a
foreign military sales case characterized by an order for a
specific defense article or service that is separately
identified as a line item on a letter of offer and
acceptance.
(4) Implementing agency.--The term ``implementing agency''
means the military department or defense agency assigned, by
the Director of the Defense Security Cooperation Agency, the
responsibilities of--
(A) preparing a letter of offer and acceptance;
(B) implementing a foreign military sales case; and
(C) carrying out the overall management of the activities
that--
(i) will result in the delivery of the defense articles or
services set forth in the letter of offer and acceptance; and
(ii) was accepted by an eligible foreign purchaser.
(5) Letter of request.--The term ``letter of request''--
(A) means a written document--
(i) submitted to a United States security cooperation
organization, the Defense Security Cooperation Agency, or an
implementing agency by an eligible foreign purchaser for the
purpose of requesting to purchase or otherwise obtain a
United States defense article or defense service through the
foreign military sales process; and
(ii) that contains all relevant information in such form as
may be required by the Secretary of Defense; and
(B) includes--
(i) a formal letter;
(ii) an e-mail;
(iii) signed meeting minutes from a recognized official of
the government of an eligible foreign purchaser; and
(iv) any other form of written document, as determined by
the Secretary of Defense or the Director of the Defense
Security Cooperation Agency.
(6) Major defense partner.--The term ``major defense
partner'' means--
(A) India; and
(B) any other country, as designated by the Secretary of
Defense.
(7) Major non-nato ally.--The term ``major non-NATO
ally''--
(A) has the meaning given the term in section 644 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2403)); and
(B) includes Taiwan, as required by section 1206 of the
Security Assistance Act of 2002 (Public Law 107-228; 22U.S.C.
2321k note).
(8) Major security partner.--The term ``major security
partner'' means--
(A) the United Arab Emirates;
(B) Bahrain;
(C) Saudi Arabia; and
(D) any other country, as designated by the Secretary of
Defense, in consultation with the Secretary of State and the
Director of National Intelligence.
[[Page S4006]]
SEC. 1399L. ENDING CHINA'S DEVELOPING NATION STATUS.
(a) Short Title.--This section may be cited as the ``Ending
China's Developing Nation Status Act''.
(b) Finding; Statement of Policy.--
(1) Finding.--Congress finds that the People's Republic of
China is still classified as a developing nation under
multiple treaties and international organization structures,
even though China has grown to be the second largest economy
in the world.
(2) Statement of policy.--It is the policy of the United
States--
(A) to oppose the labeling or treatment of the People's
Republic of China as a developing nation in current and
future treaty negotiations and in each international
organization of which the United States and the People's
Republic of China are both current members;
(B) to pursue the labeling or treatment of the People's
Republic of China as a developed nation in each international
organization of which the United States and the People's
Republic of China are both current members; and
(C) to work with allies and partners of the United States
to implement the policies described in paragraphs (1) and
(2).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives with respect to--
(i) reports produced by the Secretary of State; and
(ii) a waiver exercised pursuant to subsection (f)(2),
except with respect to any international organization for
which the United States Trade Representative is the chief
representative of the United States; and
(B) the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives
with respect to--
(i) reports produced by the United States Trade
Representative; and
(ii) a waiver exercised pursuant to subsection (f)(2) with
respect to any international organization for which the
United States Trade Representative is the chief
representative of the United States.
(2) Secretary.--
(A) In general.--Except as provided in subparagraph (B),
the term ``Secretary'' means the Secretary of State.
(B) Exception.--The term ``Secretary'' shall mean the
United States Trade Representative with respect to any
international organization for which the United States Trade
Representative is the chief representative of the United
States.
(d) Report on Development Status in Current Treaty
Negotiations.--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--
(1) identifies all current treaty negotiations in which--
(A) the proposed treaty would provide for different
treatment or standards for enforcement of the treaty based on
respective development status of the states that are party to
the treaty; and
(B) the People's Republic of China is actively
participating in the negotiations, or it is reasonably
foreseeable that the People's Republic of China would seek to
become a party to the treaty; and
(2) for each treaty negotiation identified pursuant to
paragraph (1), describes how the treaty under negotiation
would provide different treatment or standards for
enforcement of the treaty based on development status of the
states parties.
(e) Report on Development Status in Existing Organizations
and Treaties.--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--
(1) identifies all international organizations or treaties,
of which the United States is a member, that provide
different treatment or standards for enforcement based on the
respective development status of the member states or states
parties;
(2) describes the mechanisms for changing the country
designation for each relevant treaty or organization; and
(3) for each of the organizations or treaties identified
pursuant to paragraph (1)--
(A) includes a list of countries that--
(i) are labeled as developing nations or receive the
benefits of a developing nation under the terms of the
organization or treaty; and
(ii) meet the World Bank classification for upper middle
income or high-income countries; and
(B) describes how the organization or treaty provides
different treatment or standards for enforcement based on
development status of the member states or states parties.
(f) Mechanisms for Changing Development Status.--
(1) In general.--In any international organization of which
the United States and the People's Republic of China are both
current members, the Secretary, in consultation with allies
and partners of the United States, shall pursue--
(A) changing the status of the People's Republic of China
from developing nation to developed nation if a mechanism
exists in such organization to make such status change; or
(B) proposing the development of a mechanism described in
paragraph (1) to change the status of the People's Republic
of China in such organization from developing nation to
developed nation.
(2) Waiver.--The President may waive the application of
subparagraph (A) or (B) of paragraph (1) with respect to any
international organization if the President notifies the
appropriate committees of Congress that such a waiver is in
the national interests of the United States.
SEC. 1399M. SHARING OF INFORMATION WITH RESPECT TO SUSPECTED
VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS.
Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is
amended--
(1) in subsection (a)(1), by inserting ``, packing
materials, shipping containers,'' after ``its packaging''
each place it appears; and
(2) in subsection (b)--
(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) any other party with an interest in the merchandise,
as determined appropriate by the Commissioner.''.
SEC. 1399N. FOREIGN PORT SECURITY ASSESSMENTS.
(a) Short Title.--This section may be cited as the
``International Port Security Enforcement Act''.
(b) In General.--Section 70108 of title 46, United States
Code, is amended--
(1) in subsection (f)--
(A) in paragraph (1), by striking ``provided that'' and all
that follows and inserting the following: ``if--
``(A) the Secretary certifies that the foreign government
or international organization--
``(i) has conducted the assessment in accordance with
subsection (b); and
``(ii) has provided the Secretary with sufficient
information pertaining to its assessment (including
information regarding the outcome of the assessment); and
``(B) the foreign government that conducted the assessment
is not a state sponsor of terrorism (as defined in section
3316(h).''; and
(B) by amending paragraph (3) to read as follows:
``(3) Limitations.--Nothing in this section may be
construed--
``(A) to require the Secretary to treat an assessment
conducted by a foreign government or an international
organization as an assessment that satisfies the requirement
under subsection (a);
``(B) to limit the discretion or ability of the Secretary
to conduct an assessment under this section;
``(C) to limit the authority of the Secretary to repatriate
aliens to their respective countries of origin; or
``(D) to prevent the Secretary from requesting security and
safety measures that the Secretary considers necessary to
safeguard Coast Guard personnel during the repatriation of
aliens to their respective countries of origin.''; and
(2) by adding at the end the following:
``(g) State Sponsors of Terrorism and International
Terrorist Organizations.--The Secretary--
``(1) may not enter into an agreement under subsection
(f)(2) with--
``(A) a foreign government that is a state sponsor of
terrorism; or
``(B) a foreign terrorist organization; and
``(2) shall--
``(A) deem any port that is under the jurisdiction of a
foreign government that is a state sponsor of terrorism as
not having effective antiterrorism measures for purposes of
this section and section 70109; and
``(B) immediately apply the sanctions described in section
70110(a) to such port.''.
SEC. 1399O. LEGAL PREPAREDNESS FOR SERVICEMEMBERS ABROAD.
(a) Review Required.--Not later than December 31, 2024, the
Secretary of State, in coordination with the Secretary of
Defense, shall--
(1) review the 10 largest foreign countries by United
States Armed Forces presence and evaluate local legal
systems, protections afforded by bilateral agreements between
the United States and countries being evaluated, and how the
rights and privileges afforded under such agreements may
differ from United States law; and
(2) brief the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate on the findings of the review.
(b) Training Required.--The Secretary of Defense shall
review and improve as necessary training and educational
materials for members of the Armed Forces, their spouses, and
dependents, as appropriate, who are stationed in a country
reviewed pursuant to subsection (a)(1) regarding relevant
foreign laws, how such foreign laws may differ from the laws
of the United States, and the rights of accused in common
scenarios under such foreign laws.
(c) Translation Standards and Readiness.--The Secretary of
Defense, in coordination with the Secretary of State, shall
review foreign language standards for servicemembers and
employees of the Department of Defense and Department of
State who are responsible for providing foreign language
translation services in situations involving foreign law
enforcement
[[Page S4007]]
where a servicemember may be being detained, to ensure such
persons maintain an appropriate proficiency in the legal
terminology and meaning of essential terms in a relevant
language.
Subtitle H--Limitation on Withdrawal From NATO
SEC. 1399AA. OPPOSITION OF CONGRESS TO SUSPENSION,
TERMINATION, DENUNCIATION, OR WITHDRAWAL FROM
NORTH ATLANTIC TREATY.
The President shall not suspend, terminate, denounce, or
withdraw the United States from the North Atlantic Treaty,
done at Washington, DC, April 4, 1949, except by and with the
advice and consent of the Senate, provided that two-thirds of
the Senators present concur, or pursuant to an Act of
Congress.
SEC. 1399BB. LIMITATION ON THE USE OF FUNDS.
No funds authorized or appropriated by any Act may be used
to support, directly or indirectly, any decision on the part
of any United States Government official to suspend,
terminate, denounce, or withdraw the United States from the
North Atlantic Treaty, done at Washington, DC, April 4, 1949,
until such time as both the Senate and the House of
Representatives pass, by an affirmative vote of two-thirds of
Members, a joint resolution approving the withdrawal of the
United States from the treaty, or pursuant to an Act of
Congress.
SEC. 1399CC. NOTIFICATION OF TREATY ACTION.
(a) Consultation.--Prior to the notification described in
subsection (b), the President shall consult with the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
in relation to any initiative to suspend, terminate,
denounce, or withdraw the United States from the North
Atlantic Treaty.
(b) Notification.--The President shall notify the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives in writing of
any deliberation or decision to suspend, terminate, denounce,
or withdraw the United States from the North Atlantic Treaty,
as soon as possible but in no event later than 180 days prior
to taking such action.
SEC. 1399DD. AUTHORIZATION OF LEGAL COUNSEL TO REPRESENT
CONGRESS.
(a) In General.--By adoption of a resolution of the Senate
or the House of Representatives, respectively, the Senate
Legal Counsel or the General Counsel to the House of
Representatives may be authorized to initiate, or intervene
in, in the name of the Senate or the House of
Representatives, as the case may be, independently, or
jointly, any judicial proceedings in any Federal court of
competent jurisdiction in order to oppose any action to
suspend, terminate, denounce, or withdraw the United States
from the North Atlantic Treaty in a manner inconsistent with
this subtitle.
(b) Consideration.--Any resolution or joint resolution
introduced relating to any action to suspend, terminate,
denounce or withdraw the United States from the North
Atlantic Treaty and introduced pursuant to section 4(a) of
this title shall be considered in accordance with the
procedures of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976 (Public Law
94-329; 90 Stat. 765).
SEC. 1399EE. REPORTING REQUIREMENT.
Any legal counsel operating pursuant to section 1299R shall
report as soon as practicable to the Committee on Foreign
Relations of the Senate or the Committee on Foreign Affairs
of the House of Representatives with respect to any judicial
proceedings which the Senate Legal Counsel or the General
Counsel to the House of Representatives, as the case may be,
initiates or in which it intervenes pursuant to section
1299R.
SEC. 1399FF. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to authorize,
imply, or otherwise indicate that the President may suspend,
terminate, denounce, or withdraw from any treaty to which the
Senate has provided its advice and consent without the advice
and consent of the Senate to such act or pursuant to an Act
of Congress.
SEC. 1399GG. SEVERABILITY.
If any provision of this subtitle or the application of
such provision is held by a Federal court to be
unconstitutional, the remainder of this subtitle and the
application of such provisions to any other person or
circumstance shall not be affected thereby.
SEC. 1399HH. DEFINITIONS.
In this subtitle, the terms ``withdrawal'',
``denunciation'', ``suspension'', and ``termination'' have
the meaning given the terms in the Vienna Convention on the
Law of Treaties, concluded at Vienna May 23, 1969.
Subtitle I--Combating Global Corruption
SEC. 1399AAA. SHORT TITLE.
This subtitle may be cited as the ``Combating Global
Corruption Act''.
SEC. 1399BBB. DEFINITIONS.
In this subtitle:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a government
official or government entity responsible for, or complicit
in, an act of corruption; and
(B) any company, in which a person or entity described in
subparagraph (A) has a significant stake, which is
responsible for, or complicit in, an act of corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain,
including by bribery, nepotism, fraud, or embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-making, such as
policy or resource determinations, or other fundamental
functions of governance.
(B) Involves economically or socially large-scale
government activities.
SEC. 1399CCC. PUBLICATION OF TIERED RANKING LIST.
(a) In General.--The Secretary of State shall annually
publish, on a publicly accessible website, a tiered ranking
of all foreign countries.
(b) Tier 1 Countries.--A country shall be ranked as a tier
1 country in the ranking published under subsection (a) if
the government of such country is complying with the minimum
standards set forth in section 1299R.
(c) Tier 2 Countries.--A country shall be ranked as a tier
2 country in the ranking published under subsection (a) if
the government of such country is making efforts to comply
with the minimum standards set forth in section 1299R, but is
not achieving the requisite level of compliance to be ranked
as a tier 1 country.
(d) Tier 3 Countries.--A country shall be ranked as a tier
3 country in the ranking published under subsection (a) if
the government of such country is making de minimis or no
efforts to comply with the minimum standards set forth in
section 1299R.
SEC. 1399DDD. MINIMUM STANDARDS FOR THE ELIMINATION OF
CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT
CORRUPTION.
(a) In General.--The government of a country is complying
with the minimum standards for the elimination of corruption
if the government--
(1) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
corruption, including significant corruption;
(2) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(3) prescribes punishment for significant corruption that
is commensurate with the punishment prescribed for serious
crimes; and
(4) is making serious and sustained efforts to address
corruption, including through prevention.
(b) Factors for Assessing Government Efforts To Combat
Corruption.--In determining whether a government is making
serious and sustained efforts to address corruption, the
Secretary of State shall consider, to the extent relevant or
appropriate, factors such as--
(1) whether the government of the country has criminalized
corruption, investigates and prosecutes acts of corruption,
and convicts and sentences persons responsible for such acts
over which it has jurisdiction, including, as appropriate,
incarcerating individuals convicted of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in
foreign military assignments, trade delegations abroad, or
other similar missions, who engage in or facilitate
significant corruption;
(3) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform
and educate the public, including potential victims, about
the causes and consequences of corruption;
(4) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and
monitoring;
(6) whether an independent judiciary or judicial body in
the country is responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any improper
restrictions, influences, inducements, pressures, threats, or
interferences (direct or indirect);
(7) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat
significant corruption, including, as appropriate,
cooperating with the governments of other countries to
extradite corrupt actors;
(8) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being
further victimized or persecuted by corrupt actors,
government officials, or others;
(9) whether the government of the country protects victims
of corruption or whistleblowers from reprisal due to such
persons having assisted in exposing corruption, and
[[Page S4008]]
refrains from other discriminatory treatment of such persons;
(10) whether the government of the country is willing and
able to recover and, as appropriate, return the proceeds of
corruption;
(11) whether the government of the country is taking steps
to implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating
corruption in other countries in connection with state-
directed investment, loans or grants for major
infrastructure, or other initiatives; and
(13) such other information relating to corruption as the
Secretary of State considers appropriate.
(c) Assessing Government Efforts to Combat Corruption in
Relation to Relevant International Commitments.--In
determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of
State shall consider the government of a country's compliance
with the following, as relevant:
(1) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29,
1996.
(2) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done
at Paris December 21, 1997 (commonly referred to as the
``Anti-Bribery Convention'').
(3) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done
at New York October 31, 2003.
(5) Such other treaties, agreements, and international
standards as the Secretary of State considers appropriate.
SEC. 1399EEE. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY
HUMAN RIGHTS ACCOUNTABILITY ACT.
(a) In General.--The Secretary of State, in coordination
with the Secretary of the Treasury, should evaluate whether
there are foreign persons engaged in significant corruption
for the purposes of potential imposition of sanctions under
the Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note)--
(1) in all countries identified as tier 3 countries under
section 1299Q(d); or
(2) in relation to the planning or construction or any
operation of the Nord Stream 2 pipeline.
(b) Report Required.--Not later than 180 days after
publishing the list required by section 1299Q(a) and annually
thereafter, the Secretary of State shall submit to the
committees specified in subsection (e) a report that
includes--
(1) a list of foreign persons with respect to which the
President imposed sanctions pursuant to the evaluation under
subsection (a);
(2) the dates on which such sanctions were imposed;
(3) the reasons for imposing such sanctions; and
(4) a list of all foreign persons that have been engaged in
significant corruption in relation to the planning,
construction, or operation of the Nord Stream 2 pipeline.
(c) Form of Report.--Each report required by subsection (b)
shall be submitted in unclassified form but may include a
classified annex.
(d) Briefing in Lieu of Report.--The Secretary of State, in
coordination with the Secretary of the Treasury, may (except
with respect to the list required by subsection (b)(4))
provide a briefing to the committees specified in subsection
(e) instead of submitting a written report required under
subsection (b), if doing so would better serve existing
United States anti-corruption efforts or the national
interests of the Untied States.
(e) Termination of Requirements Relating to Nord Stream
2.--The requirements under subsections (a)(2) and (b)(4)
shall terminate on the date that is 5 years after the date of
the enactment of this Act.
(f) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate;
and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
SEC. 1399FFF. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS
OF CONTACT.
(a) In General.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified as tier 2
or tier 3 under section 1299Q, or which the Secretary
otherwise determines is in need of such a point of contact.
The point of contact shall be the chief of mission or the
chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for enhancing coordination and promoting the implementation
of a whole-of-government approach among the relevant Federal
departments and agencies undertaking efforts to--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries--
(A) to combat public corruption; and
(B) to develop and implement corruption risk assessment
tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under subsection (a).
Subtitle J--International Children With Disabilities Protection
SEC. 1399AAAA. SHORT TITLE.
This subtitle may be cited as the ``International Children
with Disabilities Protection Act of 2023''.
SEC. 1399BBBB. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) stigma and discrimination against children with
disabilities, particularly intellectual and other
developmental disabilities, and lack of support for community
inclusion have left people with disabilities and their
families economically and socially marginalized;
(2) organizations of persons with disabilities and family
members of persons with disabilities are often too small to
apply for or obtain funds from domestic or international
sources or ineligible to receive funds from such sources;
(3) as a result of the factors described in paragraphs (1)
and (2), key stakeholders have often been left out of public
policymaking on matters that affect children with
disabilities; and
(4) financial support, technical assistance, and active
engagement of persons with disabilities and their families is
needed to ensure the development of effective policies that
protect families, ensure the full inclusion in society of
children with disabilities, and promote the ability of
persons with disabilities to live in the community with
choices equal to others.
SEC. 1399CCCC. DEFINITIONS.
In this subtitle:
(1) Department.--The term ``Department'' means the
Department of State.
(2) Eligible implementing partner.--The term ``eligible
implementing partner'' means a nongovernmental organization
or other civil society organization that--
(A) has the capacity to administer grants directly or
through subgrants that can be effectively used by local
organizations of persons with disabilities; and
(B) has international expertise in the rights of persons
with disabilities, including children with disabilities and
their families.
(3) Organization of persons with disabilities.--The term
``organization of persons with disabilities'' means a
nongovernmental civil society organization run by and for
persons with disabilities and families of children with
disabilities.
SEC. 1399DDDD. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) assist partner countries in developing policies and
programs that recognize, support, and protect the civil and
political rights of and enjoyment of fundamental freedoms by
persons with disabilities, including children, such that the
latter may grow and thrive in supportive family environments
and make the transition to independent living as adults;
(2) promote the development of advocacy and leadership
skills among persons with disabilities and their families in
a manner that enables effective civic engagement, including
at the local, national, and regional levels, and promote
policy reforms and programs that support full economic and
civic inclusion of persons with disabilities and their
families;
(3) promote the development of laws and policies that--
(A) strengthen families and protect against the unnecessary
institutionalization of children with disabilities; and
(B) create opportunities for children and youth with
disabilities to access the resources and support needed to
achieve their full potential to live independently in the
community with choices equal to others;
(4) promote the participation of persons with disabilities
and their families in advocacy efforts and legal frameworks
to recognize, support, and protect the civil and political
rights of and enjoyment of fundamental freedoms by persons
with disabilities; and
(5) promote the sustainable action needed to bring about
changes in law, policy, and programs to ensure full family
inclusion of children with disabilities and the transition of
children with disabilities to independent living as adults.
SEC. 1399EEEE. INTERNATIONAL CHILDREN WITH DISABILITIES
PROTECTION PROGRAM AND CAPACITY BUILDING.
(a) International Children With Disabilities Protection
Program.--
(1) In general.--There is authorized to be established
within the Department of State a program to be known as the
``International Children with Disabilities Protection
Program'' (in this section referred to as the ``Program'') to
carry out the policy described in [section _4].
(2) Criteria.--In carrying out the Program under this
section, the Secretary of State, in consultation with leading
civil society groups with expertise in the protection of
civil and political rights of and enjoyment of fundamental
freedoms by persons with disabilities, may establish criteria
for priority activities under the Program in selected
countries.
(3) Disability inclusion grants.--The Secretary of State
may award grants to eligible implementing partners to
administer grant amounts directly or through subgrants.
[[Page S4009]]
(4) Subgrants.--An eligible implementing partner that
receives a grant under paragraph (3) should provide subgrants
and, in doing so, shall prioritize local organizations of
persons with disabilities working within a focus country or
region to advance the policy described in [section _4].
(b) Authorization of Appropriations.--
(1) In general.--Of funds made available in fiscal years
2024 through 2029 to carry out the purposes of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are
authorized to be appropriated to carry out this subtitle
amounts as follows:
(A) $2,000,000 for fiscal year 2024.
(B) $5,000,000 for each of fiscal years 2025 through 2029.
(2) Capacity-building and technical assistance programs.--
Of the amounts authorized to be appropriated by paragraph
(1), not less than $1,000,000 for each of fiscal years 2024
through 2029 should be available for capacity-building and
technical assistance programs to--
(A) develop the leadership skills of persons with
disabilities, legislators, policymakers, and service
providers in the planning and implementation of programs to
advance the policy described in [section _4];
(B) increase awareness of successful models of the
promotion of civil and political rights and fundamental
freedoms, family support, and economic and civic inclusion
among organizations of persons with disabilities and allied
civil society advocates, attorneys, and professionals to
advance the policy described in [section _4]; and
(C) create online programs to train policymakers,
advocates, and other individuals on successful models to
advance reforms, services, and protection measures that
enable children with disabilities to live within supportive
family environments and become full participants in society,
which--
(i) are available globally;
(ii) offer low-cost or no-cost training accessible to
persons with disabilities, family members of such persons,
and other individuals with potential to offer future
leadership in the advancement of the goals of family
inclusion, transition to independent living as adults, and
protection measures for children with disabilities; and
(iii) should be targeted to government policymakers,
advocates, and other potential allies and supporters among
civil society groups.
SEC. 1399FFFF. ANNUAL REPORT ON IMPLEMENTATION.
(a) Annual Report Required.--
(1) In general.--Not less frequently than annually through
fiscal year 2029, the Secretary of State shall submit to the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a report on--
(A) the programs and activities carried out to advance the
policy described in [section _4]; and
(B) any broader work of the Department in advancing that
policy.
(2) Elements.--Each report required by paragraph (1) shall
include, with respect to each program carried out under
[section _5]--
(A) the rationale for the country and program selection;
(B) the goals and objectives of the program, and the kinds
of participants in the activities and programs supported;
(C) a description of the types of technical assistance and
capacity building provided; and
(D) an identification of any gaps in funding or support
needed to ensure full participation of organizations of
persons with disabilities or inclusion of children with
disabilities in the program.
(3) Consultation.--In preparing each report required by
paragraph (1), the Secretary of State shall consult with
organizations of persons with disabilities.
SEC. 1399GGGG. PROMOTING INTERNATIONAL PROTECTION AND
ADVOCACY FOR CHILDREN WITH DISABILITIES.
(a) Sense of Congress on Programming and Programs.--It is
the sense of Congress that--
(1) all programming of the Department and the United States
Agency for International Development related to health
systems strengthening, primary and secondary education, and
the protection of civil and political rights of persons with
disabilities should seek to be consistent with the policy
described in [section _4]; and
(2) programs of the Department and the United States Agency
for International Development related to children, global
health, and education--
(A) should--
(i) engage organizations of persons with disabilities in
policymaking and program implementation; and
(ii) support full inclusion of children with disabilities
in families; and
(B) should aim to avoid support for residential
institutions for children with disabilities except in
situations of conflict or emergency in a manner that protects
family connections as described in subsection (b).
(b) Sense of Congress on Conflict and Emergencies.--It is
the sense of Congress that--
(1) programs of the Department and the United States Agency
for International Development serving children in situations
of conflict or emergency, among displaced or refugee
populations, or in natural disasters should seek to ensure
that children with and without disabilities can maintain
family ties; and
(2) in situations of emergency, if children are separated
from parents or have no family, every effort should be made
to ensure that children are placed with extended family, in
kinship care, or in an adoptive or foster family.
Subtitle K--Western Hemisphere Partnership Act of 2023
SEC. 1399AAAAA. SHORT TITLE.
This subtitle may be cited as the ``Western Hemisphere
Partnership Act of 2023''.
SEC. 1399BBBBB. UNITED STATES POLICY IN THE WESTERN
HEMISPHERE.
It is the policy of the United States to promote economic
competitiveness, democratic governance, and security in the
Western Hemisphere by--
(1) encouraging stronger economic relations, respect for
property rights, the rule of law, and enforceable investment
rules and labor and environmental standards;
(2) advancing the principles and practices expressed in the
Charter of the Organization of American States, the American
Declaration on the Rights and Duties of Man, and the Inter-
American Democratic Charter; and
(3) enhancing the capacity and technical capabilities of
democratic partner nation government institutions, including
civilian law enforcement, the judiciary, attorneys general,
and security forces.
SEC. 1399CCCCC. PROMOTING SECURITY AND THE RULE OF LAW IN THE
WESTERN HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that
the United States should strengthen security cooperation with
democratic partner nations in the Western Hemisphere to
promote a secure hemisphere and to address the negative
impacts of transnational criminal organizations and malign
external state actors.
(b) Collaborative Efforts.--The Secretary of State, in
coordination with the heads of other relevant Federal
agencies, should support the improvement of security
conditions and the rule of law in the Western Hemisphere
through collaborative efforts with democratic partners that--
(1) enhance the institutional capacity and technical
capabilities of defense and security institutions in
democratic partner nations to conduct national or regional
security missions, including through regular bilateral and
multilateral engagements, foreign military sales and
financing, international military education and training
programs, expanding the National Guard State Partnership
Programs, and other means;
(2) provide technical assistance and material support
(including, as appropriate, radars, vessels, and
communications equipment) to relevant security forces to
disrupt, degrade, and dismantle organizations involved in the
illicit trafficking of narcotics and precursor chemicals,
transnational criminal activities, illicit mining, and
illegal, unreported, and unregulated fishing, and other
illicit activities;
(3) enhance the institutional capacity, legitimacy, and
technical capabilities of relevant civilian law enforcement,
attorneys general, and judicial institutions to--
(A) strengthen the rule of law and transparent governance;
(B) combat corruption and kleptocracy in the region; and
(C) improve regional cooperation to disrupt, degrade, and
dismantle transnational organized criminal networks and
terrorist organizations, including through training,
anticorruption initiatives, anti-money laundering programs,
and strengthening cyber capabilities and resources;
(4) enhance port management and maritime security
partnerships and airport management and aviation security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of
people, goods, and services;
(5) strengthen cooperation to improve border security
across the Western Hemisphere, dismantle human smuggling and
trafficking networks, and increase cooperation to
demonstrably strengthen migration management systems;
(6) counter the malign influence of state and non-state
actors and disinformation campaigns;
(7) disrupt illicit domestic and transnational financial
networks;
(8) foster mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by--
(A) supporting regional preparedness, recovery, and
emergency management centers to facilitate rapid response to
survey and help maintain planning on regional disaster
anticipated needs and possible resources;
(B) training disaster recovery officials on latest
techniques and lessons learned from United States
experiences;
(C) making available, preparing, and transferring on-hand
nonlethal supplies, and providing training on the use of such
supplies, for humanitarian or health purposes to respond to
unforeseen emergencies; and
(D) conducting medical support operations and medical
humanitarian missions, such as hospital ship deployments and
base-operating services, to the extent required by the
operation;
(9) foster regional mechanisms for early warning and
response to pandemics in the Western Hemisphere, including
through--
(A) improved cooperation with and research by the United
States Centers for Disease Control and Prevention through
regional pandemic response centers;
[[Page S4010]]
(B) personnel exchanges for technology transfer and skills
development; and
(C) surveying and mapping of health networks to build local
health capacity;
(10) promote the meaningful participation of women across
all political processes, including conflict prevention and
conflict resolution and post-conflict relief and recovery
efforts; and
(11) hold accountable actors that violate political and
civil rights.
(c) Limitations on Use of Technologies.--Operational
technologies transferred pursuant to subsection (b) to
partner governments for intelligence, defense, or law
enforcement purposes shall be used solely for the purposes
for which the technology was intended. The United States
shall take all necessary steps to ensure that the use of such
operational technologies is consistent with United States
law, including protections of freedom of expression, freedom
of movement, and freedom of association.
(d) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the heads of other relevant Federal
agencies, shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives a 5-year strategy to promote
security and the rule of law in the Western Hemisphere in
accordance to this section.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) A detailed assessment of the resources required to
carry out such collaborative efforts.
(B) Annual benchmarks to track progress and obstacles in
undertaking such collaborative efforts.
(C) A public diplomacy component to engage the people of
the Western Hemisphere with the purpose of demonstrating that
the security of their countries is enhanced to a greater
extent through alignment with the United States and
democratic values rather than with authoritarian countries
such as the People's Republic of China, the Russian
Federation, and the Islamic Republic of Iran.
(3) Briefing.--Not later than 1 year after submission of
the strategy required under paragraph (1), and annually
thereafter, the Secretary of State shall provide to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a briefing on the implementation of the strategy.
SEC. 1399DDDDD. PROMOTING DIGITALIZATION AND CYBERSECURITY IN
THE WESTERN HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that
the United States should support digitalization and expand
cybersecurity cooperation in the Western Hemisphere to
promote regional economic prosperity and security.
(b) Promotion of Digitalization and Cybersecurity.--The
Secretary of State, in coordination with the heads of other
relevant Federal agencies, should promote digitalization and
cybersecurity in the Western Hemisphere through collaborative
efforts with democratic partners that--
(1) promote digital connectivity and facilitate e-commerce
by expanding access to information and communications
technology (ICT) supply chains that adhere to high-quality
security and reliability standards, including--
(A) to open market access on a national treatment,
nondiscriminatory basis; and
(B) to strengthen the cybersecurity and cyber resilience of
partner countries;
(2) advance the provision of digital government services
(e-government) that, to the greatest extent possible, promote
transparency, lower business costs, and expand citizens'
access to public services and public information; and
(3) develop robust cybersecurity partnerships to--
(A) promote the inclusion of components and architectures
in information and communications technology (ICT) supply
chains from participants in initiatives that adhere to high-
quality security and reliability standards;
(B) share best practices to mitigate cyber threats to
critical infrastructure from ICT architectures by technology
providers that supply equipment and services covered under
section 2 of the Secure and Trusted Communications Networks
Act of 2019 (47 U.S.C. 1601);
(C) effectively respond to cybersecurity threats, including
state-sponsored threats; and
(D) to strengthen resilience against cyberattacks and
cybercrime.
SEC. 1399EEEEE. PROMOTING ECONOMIC AND COMMERCIAL
PARTNERSHIPS IN THE WESTERN HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that
the United States should enhance economic and commercial ties
with democratic partners to promote prosperity in the Western
Hemisphere by modernizing and strengthening trade capacity-
building and trade facilitation initiatives, encouraging
market-based economic reforms that enable inclusive economic
growth, strengthening labor and environmental standards,
addressing economic disparities of women, and encouraging
transparency and adherence to the rule of law in investment
dealings.
(b) In General.--The Secretary of State, in coordination
with the United States Trade Representative, the Chief
Executive Officer of the Development Finance Corporation, and
the heads of other relevant Federal agencies, should support
the improvement of economic conditions in the Western
Hemisphere through collaborative efforts with democratic
partners that--
(1) facilitate a more open, transparent, and competitive
environment for United States businesses and promote robust
and comprehensive trade capacity-building and trade
facilitation by--
(A) reducing trade and nontariff barriers between the
countries in the region, establishing a mechanism for
pursuing Mutual Recognition Agreements and Formalized
Regulatory Cooperation Agreements in priority sectors of the
economy;
(B) establishing a forum for discussing and evaluating
technical and other assistance needs to help establish
streamlined ``single window'' processes to facilitate
movement of goods and common customs arrangements and
procedures to lower costs of goods in transit and speed to
destination;
(C) building relationships and exchanges between relevant
regulatory bodies in the United States and democratic
partners in the Western Hemisphere to promote best practices
and transparency in rulemaking, implementation, and
enforcement, and provide training and assistance to help
improve supply chain management in the Western Hemisphere;
(D) establishing regional fora for identifying, raising,
and addressing supply chain management issues, including
infrastructure needs and strengthening of investment rules
and regulatory frameworks;
(E) establishing a dedicated program of trade missions and
reverse trade missions to increase commercial contacts and
ties between the United States and Western Hemisphere partner
countries; and
(F) strengthening labor and environmental standards in the
region;
(2) establish frameworks or mechanisms to review and
address the long-term financial sustainability and national
security implications of foreign investments in strategic
sectors or services;
(3) establish competitive and transparent infrastructure
project selection and procurement processes that promote
transparency, open competition, financial sustainability, and
robust adherence to global standards and norms; and
(4) advance robust and comprehensive energy production and
integration, including through a more open, transparent, and
competitive environment for United States companies competing
in the Western Hemisphere, including by--
(A) facilitating further development of integrated regional
energy markets;
(B) improving management of grids, including technical
capability to ensure the functionality, safe and responsible
management, and quality of service of electricity providers,
carriers, and management and distribution systems;
(C) facilitating private sector-led development of reliable
and affordable power generation capacity;
(D) establishing a process for surveying grid capacity and
management focused on identifying electricity service
efficiencies and establishing cooperative mechanisms for
providing technical assistance for--
(i) grid management, power pricing, and tariff issues;
(ii) establishing and maintaining appropriate regulatory
best practices; and
(iii) proposals to establish regional power grids for the
purpose of promoting the sale of excess supply to consumers
across borders;
(E) assessing the viability and effectiveness of
decentralizing power production and transmission and building
micro-grid power networks to improve, when feasible, access
to electricity, particularly in rural and underserved
communities where centralized power grid connections may not
be feasible in the short to medium term; and
(F) exploring opportunities to partner with the private
sector and multilateral institutions, such as the World Bank
and the Inter-American Development Bank, to promote universal
access to reliable and affordable electricity in the Western
Hemisphere.
SEC. 1399FFFFF. PROMOTING TRANSPARENCY AND DEMOCRATIC
GOVERNANCE IN THE WESTERN HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that
the United States should support efforts to strengthen the
capacity and legitimacy of democratic institutions and
inclusive processes in the Western Hemisphere to promote a
more transparent, democratic, and prosperous region.
(b) In General.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development and heads of other relevant Federal
agencies, should support transparent, accountable, and
democratic governance in the Western Hemisphere through
collaborative efforts with democratic partners that--
(1) strengthen the capacity of national electoral
institutions to ensure free, fair, and transparent electoral
processes, including through pre-election assessment
missions, technical assistance, and independent local and
international election monitoring and observation missions;
(2) enhance the capabilities of democratically elected
national legislatures, parliamentary bodies, and autonomous
regulatory institutions to conduct oversight;
(3) strengthen the capacity of subnational government
institutions to govern in a transparent, accountable, and
democratic
[[Page S4011]]
manner, including through training and technical assistance;
(4) combat corruption at local and national levels,
including through trainings, cooperation agreements,
initiatives aimed at dismantling corrupt networks, and
political support for bilateral or multilateral
anticorruption mechanisms that strengthen attorneys general
and prosecutors' offices;
(5) strengthen the capacity of civil society to conduct
oversight of government institutions, build the capacity of
independent professional journalism, facilitate substantive
dialogue with government and the private sector to generate
issue-based policies, and mobilize local resources to carry
out such activities;
(6) promote the meaningful and significant participation of
women in democratic processes, including in national and
subnational government and civil society; and
(7) support the creation of procedures for the Organization
of American States (OAS) to create an annual forum for
democratically elected national legislatures from OAS member
States to discuss issues of hemispheric importance, as
expressed in section 4 of the Organization of American States
Legislative Engagement Act of 2020 (Public Law 116-343).
SEC. 1399GGGGG. INVESTMENT, TRADE, AND DEVELOPMENT IN AFRICA
AND LATIN AMERICA AND THE CARIBBEAN.
(a) Strategy Required.--
(1) In general.--The President shall establish a
comprehensive United States strategy for public and private
investment, trade, and development in Africa and Latin
America and the Caribbean.
(2) Focus of strategy.--The strategy required by paragraph
(1) shall focus on increasing exports of United States goods
and services to Africa and Latin America and the Caribbean by
200 percent in real dollar value by the date that is 10 years
after the date of the enactment of this Act.
(3) Consultations.--In developing the strategy required by
paragraph (1), the President shall consult with--
(A) Congress;
(B) each agency that is a member of the Trade Promotion
Coordinating Committee;
(C) the relevant multilateral development banks, in
coordination with the Secretary of the Treasury and the
respective United States Executive Directors of such banks;
(D) each agency that participates in the Trade Policy Staff
Committee established;
(E) the President's Export Council;
(F) each of the development agencies;
(G) any other Federal agencies with responsibility for
export promotion or financing and development; and
(H) the private sector, including businesses,
nongovernmental organizations, and African and Latin American
and Caribbean diaspora groups.
(4) Submission to appropriate congressional committees.--
(A) Strategy.--Not later than 200 days after the date of
the enactment of this Act, the President shall submit to
Congress the strategy required by subsection (a).
(B) Progress report.--Not later than 3 years after the date
of the enactment of this Act, the President shall submit to
Congress a report on the implementation of the strategy
required by paragraph (1).
(b) Special Africa and Latin America and the Caribbean
Export Strategy Coordinators.--The Secretary of Commerce
shall designate an individual within the Department of
Commerce to serve as Special Africa Export Strategy
Coordinator and an individual within the Department of
Commerce to serve as Special Latin America and the Caribbean
Export Strategy Coordinator--
(1) to oversee the development and implementation of the
strategy required by subsection (a);
(2) to coordinate developing and implementing the strategy
with--
(A) the Trade Promotion Coordinating Committee;
(B) the Director General for the U.S. and Foreign
Commercial Service and the Assistant Secretary for Global
Markets;
(C) the Assistant United States Trade Representative for
African Affairs or the Assistant United States Trade
Representative for the Western Hemisphere, as appropriate;
(D) the Assistant Secretary of State for African Affairs or
the Assistant Secretary of State for Western Hemisphere
Affairs, as appropriate;
(E) the Foreign Agricultural Service of the Department of
Agriculture;
(F) the Export-Import Bank of the United States;
(G) the United States International Development Finance
Corporation; and
(H) the development agencies; and
(3) considering and reflecting the impact of promotion of
United States exports on the economy and employment
opportunities of importing country, with a view to improving
secure supply chains, avoiding economic disruptions, and
stabilizing economic growth in a trade and export strategy.
(c) Trade Missions to Africa and Latin America and the
Caribbean.--It is the sense of Congress that, not later than
one year after the date of the enactment of this Act, the
Secretary of Commerce and other high-level officials of the
United States Government with responsibility for export
promotion, financing, and development should conduct joint
trade missions to Africa and to Latin America and the
Caribbean.
(d) Training.--The President shall develop a plan--
(1) to standardize the training received by United States
and Foreign Commercial Service officers, economic officers of
the Department of State, and economic officers of the United
States Agency for International Development with respect to
the programs and procedures of the Export-Import Bank of the
United States, the United States International Development
Finance Corporation, the Small Business Administration, and
the United States Trade and Development Agency; and
(2) to ensure that, not later than one year after the date
of the enactment of this Act--
(A) all United States and Foreign Commercial Service
officers that are stationed overseas receive the training
described in paragraph (1); and
(B) in the case of a country to which no United States and
Foreign Commercial Service officer is assigned, any economic
officer of the Department of State stationed in that country
receives that training.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Finance, the Committee on Commerce, Science, and
Transportation, and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Ways
and Means, and the Committee on Energy and Commerce of the
House of Representatives.
(2) Development agencies.--The term ``development
agencies'' means the United States Department of State, the
United States Agency for International Development, the
Millennium Challenge Corporation, the United States
International Development Finance Corporation, the United
States Trade and Development Agency, the United States
Department of Agriculture, and relevant multilateral
development banks.
(3) Multilateral development banks.--The term
``multilateral development banks'' has the meaning given that
term in section 1701(c)(4) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(4)) and includes the
African Development Foundation.
(4) Trade policy staff committee.--The term ``Trade Policy
Staff Committee'' means the Trade Policy Staff Committee
established pursuant to section 2002.2 of title 15, Code of
Federal Regulations.
(5) Trade promotion coordinating committee.--The term
``Trade Promotion Coordinating Committee'' means the Trade
Promotion Coordinating Committee established under section
2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
(6) United states and foreign commercial service.--The term
``United States and Foreign Commercial Service'' means the
United States and Foreign Commercial Service established by
section 2301 of the Export Enhancement Act of 1988 (15 U.S.C.
4721).
SEC. 1399HHHHH. SENSE OF CONGRESS ON PRIORITIZING NOMINATION
AND CONFIRMATION OF QUALIFIED AMBASSADORS.
It is the sense of Congress that it is critically important
that both the President and the Senate play their respective
roles to nominate and confirm qualified ambassadors as
quickly as possible.
SEC. 1399IIIII. WESTERN HEMISPHERE DEFINED.
In this subtitle, the term ``Western Hemisphere'' does not
include Cuba, Nicaragua, or Venezuela.
SEC. 1399JJJJJ. REPORT ON EFFORTS TO CAPTURE AND DETAIN
UNITED STATES CITIZENS AS HOSTAGES.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives a report on efforts by the Maduro regime of
Venezuela to detain United States citizens and lawful
permanent residents.
(b) Elements.--The report required by subsection (a) shall
include, regarding the arrest, capture, detainment, and
imprisonment of United States citizens and lawful permanent
residents--
(1) the names, positions, and institutional affiliation of
Venezuelan individuals, or those acting on their behalf, who
have engaged in such activities;
(2) a description of any role played by transnational
criminal organizations, and an identification of such
organizations; and
(3) where relevant, an assessment of whether and how United
States citizens and lawful permanent residents have been
lured to Venezuela.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but shall include a
classified annex, which shall include a list of the total
number of United States citizens and lawful permanent
residents detained or imprisoned in Venezuela as of the date
on which the report is submitted.
TITLE XIV--COOPERATIVE THREAT REDUCTION
SEC. 1401. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $350,999,000 authorized to
be appropriated to the Department of Defense for fiscal year
2024 in section 301 and made available by the funding table
in division D for the Department of Defense Cooperative
Threat Reduction Program established under section 1321 of
the Department of Defense Cooperative
[[Page S4012]]
Threat Reduction Act (50 U.S.C. 3711), the following amounts
may be obligated for the purposes specified:
(1) For strategic offensive arms elimination, $6,815,000.
(2) For chemical weapons destruction, $16,400,000.
(3) For global nuclear security, $19,406,000.
(4) For cooperative biological engagement, $228,030,000.
(5) For proliferation prevention, $46,324,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $34,024,000.
(b) Specification of Cooperative Threat Reduction Funds.--
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the
funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for
obligation for fiscal years 2024, 2025, and 2026.
TITLE XV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1501. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2024 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1502. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2024 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1503. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2024 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1504. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2024 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1505. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2024 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible
beneficiaries, as specified in the funding table in section
4501.
Subtitle B--National Defense Stockpile
SEC. 1511. RECOVERY OF RARE EARTH ELEMENTS AND OTHER
STRATEGIC AND CRITICAL MATERIALS THROUGH END-
OF-LIFE EQUIPMENT RECYCLING.
The Secretary of Defense shall establish policies and
procedures--
(1) to identify end-of-life equipment of the Department of
Defense that contains rare earth elements and other materials
determined pursuant to section 3(a) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98b(a)) to be
strategic and critical materials; and
(2) to identify, establish, and implement policies and
procedures to recover such materials from such equipment for
the purposes of reuse by the Department of Defense.
SEC. 1512. IMPROVEMENTS TO STRATEGIC AND CRITICAL MATERIALS
STOCK PILING ACT.
(a) Purposes.--Section 2 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98a) is amended by
adding at the end the following new subsection:
``(d) To the maximum extent practicable and to reduce the
reliance of the National Defense Stockpile program on
appropriated funds, the National Defense Stockpile Manager
shall seek to achieve positive cash flows from the recovery
of strategic and critical materials pursuant to section
6(a)(5).''.
(b) Stockpile Management.--Section 6 of such Act (50 U.S.C.
98e) is amended--
(1) in subsection (a)(5), by striking ``from excess'' and
all that follows and inserting ``from other Federal agencies,
either directly as materials or embedded in excess-to-need,
end-of-life items, or waste streams;'';
(2) in subsection (c)(1), by striking ``subsection (a)(5)
or (a)(6)'' and inserting ``subsection (a)(6) or (a)(7)'';
(3) in subsection (d)(2), by striking ``subsection (a)(5)''
and inserting ``subsection (a)(6)''; and
(4) by adding at the end the following new subsections:
``(g)(1) The National Defense Stockpile Manager shall
establish a pilot program to use, to the maximum extent
practicable, commercial best practices in the acquisition and
disposal of strategic and critical materials for the
stockpile.
``(2)(A) The Stockpile Manager shall brief the
congressional defense committees (as defined in section
101(a) of title 10, United States Code)--
``(i) as soon as practicable after the establishment of the
pilot program under paragraph (1); and
``(ii) annually thereafter until the termination of the
pilot program under paragraph (3).
``(B) The briefing required by subparagraph (A)(i) shall
address--
``(i) the commercial best practices selected for use under
the pilot program;
``(ii) how the Stockpile Manager determined which
commercial best practices to select; and
``(iii) the plan of the Stockpile Manager for using such
practices.
``(C) Each briefing required by subparagraph (A)(ii) shall
provide a summary of--
``(i) how the Stockpile Manager has used commercial best
practices under the pilot program during the year preceding
the briefing;
``(ii) how many times the Stockpile Manager has used such
practices;
``(iii) the outcome of each use of such practices; and
``(iv) any savings achieved or lessons learned as a result
of the use of such practices.
``(3) The pilot program established under paragraph (1)
shall terminate effective on the date that is 5 years after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024.
``(h) Unless otherwise necessary for national defense, the
National Defense Stockpile Manager shall implement recovery
programs under subsection (a)(5) to be cash flow positive.''.
(c) Development and Conservation of Reliable Sources.--
(1) In general.--Section 15 of such Act (50 U.S.C. 98h-6)
is amended to read as follows:
``SEC. 15. DEVELOPMENT AND CONSERVATION OF RELIABLE SOURCES.
``(a) Duties.--Subject to subsection (c), the National
Defense Stockpile Manager shall encourage the development and
appropriate conservation of reliable sources of strategic and
critical materials--
``(1) by purchasing, or making a commitment to purchase,
strategic and critical materials from reliable sources when
such materials are needed for the stockpile;
``(2) by contracting with facilities located in and owned
and controlled by reliable sources, or making a commitment to
contract with such facilities, for the processing or refining
of strategic and critical materials in the stockpile when
processing or refining is necessary to convert such materials
into a form more suitable for storage or disposition or
meeting stockpile requirements;
``(3) by qualifying facilities located in and owned and
controlled by reliable sources, or qualifying strategic and
critical materials produced by such facilities, to meet
stockpile requirements;
``(4) by contracting with facilities located in and owned
and controlled by reliable sources to recycle strategic and
critical materials to meet stockpile requirements or increase
the balance of the National Defense Stockpile Transaction
Fund under section 9; and
``(5) by entering into an agreement to co-fund a bankable
feasibility study for a project for the development of
strategic and critical materials located in and owned and
controlled by a reliable source, if the agreement--
``(A) limits the liability of the stockpile to not more
than the total funding provided by the Federal Government;
``(B) limits the funding contribution of the Federal
Government to not more than 50 percent of the cost of the
bankable feasibility study; and
``(C) does not obligate the Federal Government to purchase
strategic and critical materials from the reliable source.
``(b) Additional Authorities.--
``(1) Extended contracting authority.--
``(A) In general.--The term of a contract or commitment
made under subsection (a) may not exceed ten years.
``(B) Preexisting contracts.--A contract entered into
before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024 for a term of more
than ten years may be extended, on or after such date of
enactment, for a total of not more than an additional ten
years pursuant to any option or options set forth in the
contract.
``(2) Matters relating to co-funding of bankable
feasibility studies.--To the extent authorized by Congress
pursuant to the Defense Production Act of 1950 (50 U.S.C.
4501 et seq.) and determined to be required by the President
pursuant to that Act, the National Defense Stockpile Manager
may provide for loans or procure debt issued by other
entities to carry out a project for the development of
strategic and critical materials under subsection (a)(5).
``(c) Proposed Transactions Included in Annual Materials
Plan.--Descriptions of proposed transactions under subsection
(a) shall be included in the Annual Materials and Operations
Plan. Changes to any such transaction, or the addition of a
transaction not included in such plan, shall be made in
accordance with section 5.
``(d) Availability of Funds.--The authority of the National
Defense Stockpile Manager to enter into obligations under
this section is effective for any fiscal year only to the
extent that funds in the National Defense Stockpile
Transaction Fund under section 9 are adequate to meet such
obligations.
[[Page S4013]]
``(e) Bankable Feasibility Study Defined.--In this section,
the term `bankable feasibility study' means a comprehensive
technical and economic study--
``(1) of the selected development option for a strategic
and critical materials project that includes appropriately
detailed assessments of realistically assumed extraction,
processing, metallurgical, economic, marketing, legal,
environmental, social, and governmental considerations and
any other relevant operational factors and detailed financial
analysis, that are necessary to demonstrate at the time of
reporting that production is reasonably justified; and
``(2) that may reasonably serve as the basis for a final
decision by a proponent of a project or financial institution
to proceed with, or finance, the development of the
project.''.
(2) Conforming amendments.--
(A) Materials research and development.--Section 8(a) of
such Act (50 U.S.C. 98g(a)) is amended--
(i) in paragraph (1)(A), by striking ``or in its
territories or possessions,'' and inserting ``its territories
or possessions, or in a reliable source''; and
(ii) in paragraph (2), by striking ``in order to--'' and
all that follows through ``mineral products.'' and inserting
the following: ``in order to develop new sources of strategic
and critical materials, develop substitutes, or conserve
domestic sources and reliable sources of supply for such
strategic and critical materials.''.
(B) Definitions.--Section 12 of such Act (50 U.S.C. 98h-3)
is amended by striking paragraph (3) and inserting the
following new paragraph (3):
``(i) The term `reliable source' mean a citizen or business
entity of--
``(I) the United States or any territory or possession of
the United States;
``(II) a country of the national technology and industrial
base, as defined in section 4801 of title 10, United States
Code; or
``(III) a qualifying country, as defined in section 225.003
of the Defense Federal Acquisition Regulation Supplement.''.
(d) Technical Amendment.--Subsection (e) of section 10 of
such Act (50 U.S.C. 98h-1) is amended to read as follows:
``(e) Application of Provisions Relating to Federal
Advisory Committees.--Section 1013 of title 5, United States
Code, shall not apply to the Board.''.
SEC. 1513. AUTHORITY TO DISPOSE OF MATERIALS FROM THE
NATIONAL DEFENSE STOCKPILE.
Pursuant to section 5(b) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98d(b)), the National
Defense Stockpile Manager may dispose of the following
materials contained in the National Defense Stockpile in the
following quantities:
(1) 8 short tons of beryllium.
(2) 154,043 short dry tons of metallurgical grade manganese
ore.
(3) 5,000 kilograms of germanium.
(4) 91,413 pounds of pan-based carbon fibers.
(5) Not more than 1,000 short tons of materials transferred
from another department or agency of the United States to the
National Defense Stockpile under section 4(b) of such Act (50
U.S.C. 98c(b)) that the National Defense Stockpile Manager
determines is no longer required for the Stockpile (in
addition to any amount of such materials previously
authorized for disposal).
SEC. 1514. BEGINNING BALANCES OF THE NATIONAL DEFENSE
STOCKPILE TRANSACTION FUND FOR AUDIT PURPOSES.
For purposes of an audit conducted under chapter 9A of
title 10, United States Code, of the National Defense
Stockpile Transaction Fund established by section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h)--
(1) the ending balance of $313,633,491.15 reported in the
Central Accounting Reporting System of the Department of the
Treasury for September 30, 2021, is the Fund Balance with
Treasury ending balance on that date;
(2) the Total Actual Resources-Collected opening balance
for October 1, 2021, for United States Standard General
Ledger Account 420100 is $314,548,154.42, as recorded in
official accounting records; and
(3) the Unapportioned-Unexpired Authority ending balance
for September 30, 2021, for United States Standard General
Ledger Account 445000 is $216,976,300.69, as recorded in
official accounting records.
Subtitle C--Other Matters
SEC. 1521. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER,
ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available
for the Defense Health Program for operation and maintenance,
$172,000,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571).
(b) Treatment of Transferred Funds.--For purposes of
subsection (a)(2) of such section 1704, any funds transferred
under subsection (a) shall be treated as amounts authorized
and appropriated specifically for the purpose of such a
transfer.
(c) Use of Transferred Funds.--For purposes of subsection
(b) of such section 1704, facility operations for which funds
transferred under subsection (a) may be used are operations
of the Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical
Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
SEC. 1522. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2024 from the Armed Forces Retirement Home Trust Fund
the sum of $77,000,000 for the operation of the Armed Forces
Retirement Home.
SEC. 1523. MODIFICATION OF LEASING AUTHORITY OF ARMED FORCES
RETIREMENT HOME.
(a) Agreements; Approval and Notification.--Section 1511(i)
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
411(i)) is amended by adding at the end the following new
paragraphs:
``(9) Before entering into a lease described in this
subsection, the Chief Operating Officer may enter into an
agreement with a potential lessee providing for a period of
exclusivity, access, study, or for similar purposes. The
agreement shall provide for the payment (in cash or in kind)
by the potential lessee of consideration for the agreement
unless the Chief Operating Officer determines that payment of
consideration will not promote the purpose and financial
stability of the Retirement Home or be in the public
interest.
``(10) No further approval by the Secretary of Defense, nor
notification or report to Congress, shall be required for
subordinate leases under this subsection unless the facts or
terms of the original lease have materially changed.''.
(b) Administration of Funds.--Section 1511(i)(7) of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i))
is amended--
(1) by inserting ``an agreement with a potential lessee
or'' after ``The proceeds from''; and
(2) by striking the period at the end and inserting ``, to
remain available for obligation and expenditure to finance
expenses of the Retirement Home related to the formation and
administration of agreements and leases entered into under
the provisions of this subsection.''.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
SEC. 1601. ACQUISITION STRATEGY FOR PHASE 3 OF THE NATIONAL
SECURITY SPACE LAUNCH PROGRAM.
(a) Fiscal Years 2025 Through 2029.--With respect to the
acquisition strategy for Phase 3 of the National Security
Space Launch program, for fiscal years 2025 through 2029, the
Secretary of Defense shall establish--
(1) a low-risk launch program, to be known as ``Lane One'',
that consists of an indefinite delivery indefinite quantity
acquisition approach based on not fewer than 20 launches so
as to encourage the capabilities of new entrants that have
conducted not fewer than one previous launch; and
(2) a launch program, similar to the Phase Two National
Security Assured Access Launch program, to be known as ``Lane
Two'', that meets all National Security Space Launch
requirements, with full mission assurance, based on not fewer
than 35 launches.
(b) Fiscal Years 2027 Through 2029.--With respect to the
acquisition strategy for Phase 3 of the National Security
Space Launch program, for fiscal years 2027 through 2029, the
Secretary of Defense shall establish an accession launch
program, to be known as ``Lane Two A'', using the
requirements of the program established under subsection
(a)(2) based on five launches of GPS Block IIIF satellites or
satellites the launches of which are complex, high-energy
missions.
SEC. 1602. INITIAL OPERATING CAPABILITY FOR ADVANCED TRACKING
AND LAUNCH ANALYSIS SYSTEM AND SYSTEM-LEVEL
REVIEW.
(a) Advanced Tracking and Launch Analysis System.--
(1) Date for initial operating capability.--Not later than
90 days after the date of the enactment of this Act, the
Secretary of the Air Force shall--
(A) designate a date for the delivery of the initial
operating capability for the Advanced Tracking and Launch
Analysis System (ATLAS); and
(B) notify the congressional defense committees of such
date.
(2) Effect of failure to timely deliver.--If the initial
operating capability for ATLAS is not achieved by the date
designated under paragraph (1)(A), the Secretary shall--
(A) terminate the ATLAS program;
(B) designate an alternative program option that provides a
comparable capability to the capability intended to be
provided by ATLAS; and
(C) not later than 30 days after such date, notify the
congressional defense committees with respect to--
(i) such termination;
(ii) the designated alternative program option;
(iii) the justification for selecting such option; and
[[Page S4014]]
(iv) the estimated time and total costs to completion of
such option.
(b) System-level Review.--
(1) In general.--The Secretary shall enter into a contract
with a federally funded research and development center under
which the federally funded research and development center
shall, not less frequently than every 2 years through 2032,
conduct a review of the space command and control software
acquisition program to assess the ability of such program to
build a software framework that integrates multiple aspects
of space operations to enable the warfighter to command and
control space assets in a time of conflict.
(2) Elements.--Each review under paragraph (1) shall
consider the integration into such software framework of the
following:
(A) Sensor data applicable to the command and control of
space assets.
(B) Information contained in the Unified Data Library
relating to the number and location of space objects.
(C) The ability to control space assets based on such data
and information.
(D) Any other matter the Secretary considers necessary.
(3) Briefing.--The Secretary shall provide the
congressional defense committees with a briefing on the
findings of each review under paragraph (1), including--
(A) an assessment of any deficiency identified in the
review; and
(B) a plan to address such deficiency in a timely manner.
SEC. 1603. DEPARTMENT OF THE AIR FORCE RESPONSIBILITY FOR
SPACE-BASED GROUND AND AIRBORNE MOVING TARGET
INDICATION.
(a) In General.--The Department of the Air Force shall be
responsible for--
(1) serving as the final authority for the tasking of
space-based ground and airborne moving target indication
systems that--
(A) are primarily or fully funded by the Department of
Defense; and
(B) provide near real-time, direct support to satisfy
theater operations; and
(2) presenting such capability to the combatant commands to
accomplish the warfighting missions of the combatant commands
under the Unified Command Plan.
(b) Milestone Development Authority.--Subject to section
4204 of title 10, United States Code, the Secretary of the
Air Force, in consultation with the Director of National
Intelligence, shall be the Milestone A approval (as defined
in section 4211 of such title) decision authority for space-
related acquisition programs for ground and airborne moving
target indication collection assets described in subsection
(a) that are primarily or fully funded within the Military
Intelligence Program.
SEC. 1604. PRINCIPAL MILITARY DEPUTY FOR SPACE ACQUISITION
AND INTEGRATION.
Section 9016(b)(6) of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) The Assistant Secretary of the Air Force for Space
Acquisition and Integration shall have a Principle Military
Deputy for Space Acquisition and Integration, who shall be an
officer of the Space Force on active duty. The Principal
Military Deputy for Space Acquisition and Integration shall
be appointed from among officers who have significant
experience in the areas of acquisition and program
management. The position of Principal Military Deputy for
Space Acquisition and Integration shall be designated as a
critical acquisition position under section 1731 of this
title. In the event of a vacancy in the position of Assistant
Secretary of the Air Force for Space Acquisition and
Integration, the Principal Military Deputy for Space
Acquisition and Integration may serve as Acting Assistant
Secretary for Space Acquisition and Integration for a period
of not more than one year.''.
SEC. 1605. USE OF MIDDLE TIER ACQUISITION AUTHORITY FOR SPACE
DEVELOPMENT AGENCY ACQUISITION PROGRAM.
(a) In General.--The Director of the Space Development
Agency shall use the middle tier of acquisition authority,
consistent with section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 3201 note prec.) and Department of Defense Instruction
5000.80, entitled ``Operation of the Middle Tier of
Acquisition (MTA)'' and issued on December 30, 2019 (or a
successor instruction), for the rapid fielding of satellites
and associated systems for Tranche 1, Tranche 2, and Tranche
3 of the proliferated warfighter space architecture of the
Space Development Agency.
(b) Rapid Prototyping and Fielding.--Any tranche of
satellites or associated systems developed and fielded under
subsection (a) shall have a level of maturity that allows
such satellites or systems to be rapidly prototyped within an
acquisition program or rapidly fielded within five years of
the development of an approved requirement.
(c) Designation as Major Capability Acquisition.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment may designate a tranche described
in subsection (a) as a major capability acquisition program,
consistent with Department of Defense Instruction 5000.80,
entitled ``Operation of the Middle Tier of Acquisition
(MTA)'' and issued on December 30, 2019 (or a successor
instruction).
(2) Notice to congress.--Not later than 90 days before the
date on which a designation under paragraph (1) is made, the
Under Secretary of Defense for Acquisition and Sustainment
shall notify the congressional defense committees of the
intent to so designate and provide a justification for such
designation.
SEC. 1606. SPECIAL AUTHORITY FOR PROVISION OF COMMERCIAL
SPACE LAUNCH SUPPORT SERVICES.
(a) In General.--Chapter 135 of title 10, United States
Code, is amended by inserting after section 2276 the
following new section:
``Sec. 2276a. Special authority for provision of commercial
space launch support services
``(a) In General.--The Secretary of a military department,
pursuant to the authority provided by this section and any
other provision of law, may support Federal and commercial
space launch capacity on any domestic real property under the
control of the Secretary through the provision of space
launch support services.
``(b) Provision of Launch Equipment and Services to
Commercial Entities.--
``(1) Agreement authority.--
``(A) In general.--The Secretary concerned may enter into a
contract, or conduct any other transaction, with a commercial
entity that intends to conduct space launch activities on a
military installation under the jurisdiction of the
Secretary, including a contract or other transaction for the
provision of supplies, services, equipment, and construction
needed for commercial space launch.
``(B) Nondelegation.--The Secretary may not delegate the
authority provided in subparagraph (A).
``(2) Agreement costs.--
``(A) Direct costs.--A contract entered into, or a
transaction conducted, under paragraph (1) shall include a
provision that requires the commercial entity entering into
the contract or conducting the transaction to reimburse the
Department of Defense for all direct costs to the United
States that are associated with the goods, services, and
equipment provided to the commercial entity under the
contract or transaction.
``(B) Indirect costs.--A contract entered into, or a
transaction conducted, under paragraph (1) may--
``(i) include a provision that requires the commercial
entity to reimburse the Department of Defense for such
indirect costs as the Secretary concerned considers to be
fair and reasonable; and
``(ii) provide for the recovery of indirect costs through
establishment of a rate, fixed price, or similar mechanism
the Secretary concerned considers to be fair and reasonable.
``(3) Retention of funds collected from commercial users.--
Amounts collected from a commercial entity under paragraph
(2) shall be credited to the appropriation accounts under
which the costs associated with the contract (direct and
indirect) were incurred.
``(4) Regulations.--The Secretary shall promulgate
regulations to carry out this subsection.
``(c) Definitions.--In this section:
``(1) Space launch.--The term `space launch' includes all
activities, supplies, equipment, facilities, and services
supporting launch preparation, launch, reentry, recovery, and
other launch-related activities for the payload and the space
transportation vehicle.
``(2) Commercial entity; commercial.--The terms `commercial
entity' and `commercial' means a non-Federal entity organized
under the laws of the United States or of any jurisdiction
within the United States.''.
(b) Clerical Amendment.--The table of sections for chapter
135 of title 10, United States Code, is amended by inserting
after the item relating to section 2276 the following:
``2276a. Special authority for provision of commercial space launch
support services.''.
SEC. 1607. TREATMENT OF POSITIONING, NAVIGATION, AND TIMING
RESILIENCY, MODIFICATIONS, AND IMPROVEMENTS
PROGRAM AS ACQUISITION CATEGORY 1D PROGRAM.
The Under Secretary of Defense for Acquisition and
Sustainment shall treat the Positioning, Navigation, and
Timing Resiliency, Modifications, and Improvements program of
the Air Force (Program Element 0604201F) as an acquisition
category 1D program, and the authority to manage such program
may not be delegated.
SEC. 1608. BRIEFING ON CLASSIFICATION PRACTICES AND FOREIGN
DISCLOSURE POLICIES REQUIRED FOR COMBINED SPACE
OPERATIONS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense and the
Director of National Intelligence shall provide a briefing to
the appropriate committees of Congress on the classification
practices and foreign disclosure policies required to enable
the development and conduct of combined space operations
among the following countries:
(1) Australia.
(2) Canada.
(3) France.
(4) Germany.
(5) New Zealand.
(6) The United Kingdom.
(7) The United States.
(8) Any other ally or partner country, as determined by the
Secretary of Defense or the Director of National
Intelligence.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
[[Page S4015]]
(1) The military and national intelligence information
required to be shared with the countries described in
subsection (a) so as to enable the development and conduct
combined space operations.
(2) The policy, organizational, or other barriers that
currently prevent such information sharing for combined space
operations.
(3) The actions being taken by the Department of Defense
and the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)) to remove
the barriers to such information sharing, and the timeline
for implementation of such actions.
(4) Any statutory changes required to remove such barriers.
(5) Any other matter, as determined by the Secretary of
Defense or the Director of National Intelligence.
(c) Implementation Update.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of
Defense and the Director of National Intelligence shall
provide a briefing to the appropriate committees of Congress
on the implementation of the actions described in subsection
(b)(3).
(d) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional defense committees; and
(2) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)).
SEC. 1609. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS
RELATING TO SELECTION OF PERMANENT LOCATION FOR
HEADQUARTERS OF UNITED STATES SPACE COMMAND.
(a) Limitation on Availability of Funds for Military
Construction Projects.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2024 for the Air Force may be obligated or
expended for a military construction project (as described in
section 2801(b) of title 10, United States Code) for the
construction or modification of facilities for temporary or
permanent use by the United States Space Command for
headquarters operations until the report required under
subsection (c) is submitted.
(b) Limitation on Availability of Funds for Travel
Expenditures.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2024 to
the Office of the Secretary of the Air Force for travel
expenditures, not more than 50 percent may be obligated or
expended until the report required under subsection (c) is
submitted.
(c) Report.--The Secretary of the Air Force shall submit to
the congressional defense committees a report on the
justification for the selection of a permanent location for
headquarters of the United States Space Command.
Subtitle B--Nuclear Forces
SEC. 1611. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
for fiscal year 2024 for the Department of Defense may be
obligated or expended for the following, and the Department
may not otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance, sustainment, or replacement of
intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1612. SENTINEL INTERCONTINENTAL BALLISTIC MISSILE
PROGRAM SILO ACTIVITY.
The LGM-35A Sentinel intercontinental ballistic missile
program shall refurbish and make operable not fewer than 150
silos for intercontinental ballistic missiles at each of the
following locations:
(1) Francis E. Warren Air Force Base, Laramie County,
Wyoming.
(2) Malmstrom Air Force Base, Cascade County, Montana.
(3) Minot Air Force Base, Ward County, North Dakota.
SEC. 1613. MATTERS RELATING TO THE ACQUISITION AND DEPLOYMENT
OF THE SENTINEL INTERCONTINENTAL BALLISTIC
MISSILE WEAPON SYSTEM.
(a) Authority for Multi-year Procurement.--Subject to
section 3501 of title 10, United States Code, the Secretary
of the Air Force may enter into one or more multi-year
contracts for the procurement of up to 659 Sentinel
intercontinental ballistic missiles and for subsystems
associated with such missiles.
(b) Authority for Advance Procurement.--The Secretary of
the Air Force may enter into one or more contracts, beginning
in fiscal year 2024, for advance procurement associated with
the Sentinel intercontinental ballistic missiles for which
authorization to enter into a multi-year procurement contract
is provided under subsection (a), and for subsystems
associated with such missiles in economic order quantities
when cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2024 is subject
to the availability of appropriations or funds for that
purpose for such later fiscal year.
(d) Mandatory Inclusion of Pre-priced Option in Certain
Circumstances.--
(1) In general.--If the total base quantity of Sentinel
intercontinental ballistic missiles to be procured through
all contracts entered into under subsection (a) is less than
659, the Secretary of the Air Force shall ensure that one or
more of the contracts includes a pre-priced option for the
procurement of additional Sentinel intercontinental ballistic
missiles such that the sum of such base quantity and the
number of such missiles that may be procured through the
exercise of such options is equal to 659 missiles.
(2) Definitions.--In this subsection:
(A) Base quantity.--The term ``base quantity'' means the
quantity of Sentinel intercontinental ballistic missiles to
be procured under a contract entered into under subsection
(a), excluding any quantity of such missiles that may be
procured through the exercise of an option that may be part
of such contract.
(B) Pre-priced option.--The term ``pre-priced option''
means a contract option for a contract entered into under
subsection (a) that, if exercised, would allow the Secretary
of the Air Force to procure a quantity of intercontinental
ballistic missiles at a predetermined price specified in such
contract.
(e) Limitation.--The Secretary of the Air Force may not
modify a contract entered into under subsection (a) if the
modification would increase the per unit price of the
Sentinel intercontinental ballistic missiles by more than 10
percent above the target per unit price specified in the
original contract for such missiles under subsection (a).
(f) Modifications to the Intercontinental Ballistic Missile
Site Activation Task Force.--Section 1638 of the National
Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263) is amended--
(1) in subsection (b)(1), by inserting ``, who shall report
directly to the Commander of Air Force Global Strike
Command'' after ``Modernization''; and
(2) by striking subsection (d)(1) and inserting the
following:
``(1) Weapon system.--For purposes of nomenclature and
acquisition life cycle activities ranging from development
through sustainment and demilitarization, each wing level
configuration of the LGM-35A Sentinel intercontinental
ballistic missile shall be a weapon system.''.
SEC. 1614. PLAN FOR DECREASING THE TIME TO UPLOAD ADDITIONAL
WARHEADS TO THE INTERCONTINENTAL BALLISTIC
MISSILE FLEET.
(a) In General.--The Secretary of the Air Force, in
coordination with the Commander of the United States
Strategic Command, shall develop a plan to decrease the
amount of time required to upload additional warheads to the
intercontinental ballistic missile force.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) An assessment of the storage capacity of weapons
storage areas and any weapons generation facilities at
covered bases, including the capacity of each covered base to
store additional warheads.
(2) An assessment of the current nuclear warhead
transportation capacity of the National Nuclear Security
Administration and associated timelines for transporting
additional nuclear warheads to covered bases.
(3) An evaluation of the capacity of the maintenance
squadrons and security forces at covered bases and the
associated timelines for adding warheads to the
intercontinental ballistic missile force.
(4) An identification of actions that would address any
identified limitations and increase the readiness of the
intercontinental ballistic missile force to upload additional
warheads.
(5) An evaluation of courses of actions to upload
additional warheads to a portion of the intercontinental
ballistic missile force.
(6) An assessment of the feasibility and advisability of
initiating immediate deployment of W78 warheads to a single
wing of the intercontinental ballistic missile force as a
hedge against delay of the LGM-35A Sentinel intercontinental
ballistic missile.
(7) A funding plan for carrying out actions identified in
paragraphs (4) and (5).
(c) Submission to Congress.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of the
Air Force and the Commander of the United States Strategic
Command shall submit to the congressional defense committees
the plan required by subsection (a).
(d) Form.--The plan required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Briefing.--Not later than 30 days after the submission
of the plan required by subsection (a), the Secretary of the
Air Force and the Commander of the United States Strategic
Command shall brief the congressional defense committees on
the actions being pursued to implement the plan.
(f) Covered Base Defined.--The term ``covered base'' means
the following:
(1) Francis E. Warren Air Force Base, Laramie County,
Wyoming.
(2) Malmstrom Air Force Base, Cascade County, Montana.
[[Page S4016]]
(3) Minot Air Force Base, Ward County, North Dakota.
SEC. 1615. TASKING AND OVERSIGHT AUTHORITY WITH RESPECT TO
INTERCONTINENTAL BALLISTIC MISSILE SITE
ACTIVATION TASK FORCE FOR SENTINEL PROGRAM.
Section 1638 of the National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263) is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) inserting after subsection (d), the following new
subsection (e):
``(e) Delegation of Authority.--The Secretary of Defense
shall--
``(1) not later than 120 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2024, delegate to the Commander of the Air Force
Global Strike Command such tasking and oversight authorities,
as the Secretary considers necessary, with respect to other
components of the Department of Defense participating in the
Task Force; and
``(2) not later than 30 days after the date of such
delegation of authority, notify the congressional defense
committees of the delegation.''.
SEC. 1616. LONG-TERM SUSTAINMENT OF SENTINEL ICBM GUIDANCE
SYSTEM.
(a) In General.--Prior to issuing a Milestone C decision
for the program to develop the LGM-35A Sentinel
intercontinental ballistic missile system (referred to in
this section as the ``Sentinel''), the Under Secretary of
Defense for Acquisition and Sustainment shall certify to the
congressional defense committees that there is a long-term
capability in place to maintain and modernize the guidance
system of the Sentinel over the full life cycle of the
Sentinel.
(b) Certification Elements.--The certification described in
subsection (a) shall include a list of capabilities to
maintain and advance--
(1) accelerometers;
(2) gyroscopes;
(3) guidance computers;
(4) specialized mechanical and retaining assemblies;
(5) test equipment; and
(6) such other components to ensure the guidance system
will be maintained and modernized over the life of the
Sentinel.
SEC. 1617. SENSE OF SENATE ON POLARIS SALES AGREEMENT.
(a) Findings.--The Senate finds the following:
(1) On December 21, 1962, President John F. Kennedy and
Prime Minister of the United Kingdom Harold Macmillan met in
Nassau, Bahamas, and issued a joint statement (commonly
referred to as the ``Statement on Nuclear Defense Systems''),
agreeing that the United States would make Polaris missiles
available on a continuing basis to the United Kingdom for use
in submarines.
(2) On April 6, 1963, Secretary of State Dean Rusk and Her
Majesty's Ambassador to the United States David Ormsby-Gore
signed the Polaris Sales Agreement, reaffirming the Statement
on Nuclear Defense Systems and agreeing that the United
States Government shall provide and the Government of the
United Kingdom shall purchase from the United States
Government Polaris missiles, equipment, and supporting
services.
(3) The HMS Resolution launched the first Polaris missile
of the United Kingdom on February 15, 1968, and, in 1969,
commenced the first strategic deterrent patrol for the United
Kingdom, initiating a continuous at-sea deterrent posture for
the United Kingdom that remains in effect.
(4) The Polaris Sales Agreement was amended to include the
Trident II (D5) strategic weapon system on October 19, 1982,
in Washington, D.C., through an exchange of notes between
Secretary of State Jonathan Howe and Her Majesty's Ambassador
to the United States Oliver Wright.
(5) Through an exchange of letters in 2008 between the
Secretary of Defense the Honorable Robert Gates and the
Secretary of State for Defence of the United Kingdom the
Right Honorable Desmond Browne and under the auspices of the
Polaris Sales Agreement, the United States Government and the
Government of the United Kingdom agreed to continue
cooperation to design a common missile compartment for the
follow-on ballistic missile submarines of each nation.
(b) Sense of the Senate.--It is the sense of the Senate
that the Senate--
(1) recognizes the 60th anniversary of the Polaris Sales
Agreement between the United States and the United Kingdom of
Great Britain and Northern Ireland;
(2) congratulates the Royal Navy for steadfastly
maintaining the Continuous At-Sea Deterrent;
(3) Recognizes the important contribution of the Continuous
At-Sea Deterrent to the North Atlantic Treaty Organization;
(4) reaffirms that the United Kingdom is a valued and
special ally of the United States; and
(5) looks forward to continuing and strengthening the
shared commitment of the United States and the United Kingdom
to sustain submarine-based strategic deterrents well into the
future.
SEC. 1618. MATTERS RELATING TO THE NUCLEAR-ARMED SEA-LAUNCHED
CRUISE MISSILE.
(a) Program Treatment.--Not later than 90 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall--
(1) establish a program for the development of a nuclear-
armed, sea-launched cruise missile capability;
(2) designate such program as an acquisition category 1D
program, to be managed consistent with the provisions of
Department of Defense Instruction 5000.85 (relating to major
capability acquisition);
(3) initiate a nuclear weapon project for the W80-4 ALT
warhead, at phase 6.2 of the phase 6.X process (relating to
feasibility study and down select), to align with the program
described in paragraph (1);
(4) submit to the National Nuclear Security Administration
a formal request, through the Nuclear Weapons Council, for
participation in and support for the W80-4 ALT warhead
project; and
(5) designate the Department of the Navy as the military
department to lead the W80-4 ALT nuclear weapon program for
the Department of Defense.
(b) Initial Operational Capability.--The Secretary of
Defense and the Administrator for Nuclear Security shall take
such actions as necessary to ensure the program described in
subsection (a) achieves initial operational capability, as
defined jointly by the Secretary of the Navy and the
Commander of United States Strategic Command, by not later
than fiscal year 2035.
(c) Limitation.--The Under Secretary of Defense for
Acquisition and Sustainment may not approve a Full Rate
Production Decision or authorize Full Scale Production (as
those terms are defined in the memorandum of the Nuclear
Weapons Council entitled ``Procedural Guidelines for the
Phase 6.X Process'' and dated April 19, 2000), for the W80-4
ALT program.
(d) Briefing.--
(1) In general.--Beginning not later than November 1, 2023,
and on March 1 and September 1 of each year thereafter, the
Under Secretary of Defense for Acquisition and Sustainment,
in coordination with the Secretary of the Navy, the
Administrator for Nuclear Security, and the Commander of the
United States Strategic Command, shall jointly brief the
congressional defense committees on the progress of the
program described in subsection (a).
(2) Contents.--Each briefing required under paragraph (1)
shall include--
(A) a description of significant achievements of the
program described in subsection (a) completed during the
period specified in paragraph (3) and any planned objectives
that were not achieved during such period;
(B) for the 180-day period following the briefing--
(i) planned objectives for the programs; and
(ii) anticipated spending plans for the programs;
(C) a description of any notable technical hurdles that
could impede timely completion of the programs; and
(D) any other information the Under Secretary of Defense
for Acquisition and Sustainment considers appropriate.
(3) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first briefing required by paragraph
(1), the 180-day period preceding the briefing; and
(B) in the case of any subsequent such briefing, the period
since the previous such briefing.
(4) Termination.--The requirement to provide briefings
under paragraph (1) shall terminate on the date that the
program described in subsection (a) achieve initial
operational capability, as defined jointly by the Secretary
of the Navy and the Commander of United States Strategic
Command.
(e) Phase 6.X Process Defined.--In this section, the term
``phase 6.X process'' means the phase 6.X process for major
stockpile sustainment activities set forth in the memorandum
of the Nuclear Weapons Council entitled ``Procedural
Guidelines for the Phase 6.X Process'' and dated April 19,
2000.
SEC. 1619. OPERATIONAL TIMELINE FOR STRATEGIC AUTOMATED
COMMAND AND CONTROL SYSTEM.
(a) In General.--The Secretary of the Air Force shall
develop a replacement of the Strategic Automated Command and
Control System (SACCS) by not later than the date that the
LGM-35A Sentinel intercontinental ballistic missile program
reaches initial operational capability.
(b) Replacement Capabilities.--The replacement required by
subsection (a) shall--
(1) replace the SACCS base processors;
(2) replace the SACCS processors at launch control centers;
(3) provide internet protocol connectivity for wing-wide
command centers of the LGM-35A Sentinel intercontinental
ballistic missile program;
(4) include such other capabilities necessary to address
the evolving requirements of the LGM-35A Sentinel
intercontinental ballistic missile program as the Secretary
considers appropriate.
SEC. 1620. AMENDMENT TO ANNUAL REPORT ON THE PLAN FOR THE
NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS
COMPLEX, NUCLEAR WEAPONS DELIVERY SYSTEMS, AND
NUCLEAR WEAPONS COMMAND AND CONTROL SYSTEMS.
Section 492a of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Independent Assessment by United States Strategic
Command.--
``(1) In general.--Not later than 150 days after the
submission to Congress of the budget of the President under
section 1105(a) of title 31, United States Code, the
Commander of United States Strategic Command shall
[[Page S4017]]
complete an independent assessment of the sufficiency of the
execution of acquisition, construction, and recapitalization
programs of the Department of Defense and the National
Nuclear Security Administration to modernize the nuclear
forces of the United States and meet current and future
deterrence requirements.
``(2) Contents.--The assessment required under paragraph
(1) shall evaluate the ongoing execution of modernization
programs associated with--
``(A) the nuclear weapons design, production, and
sustainment infrastructure;
``(B) the nuclear weapons stockpile;
``(C) the delivery systems for nuclear weapons; and
``(D) the nuclear command, control, and communications
system.
``(3) Routing and submission.--
``(A) Submission to nuclear weapons council.--Not later
than 15 days after completion of the assessment required by
paragraph (1), the Commander of United States Strategic
Command shall--
``(i) submit the assessment to the Chairman of the Nuclear
Weapons Council; and
``(ii) notify the congressional defense committees that the
assessment has been submitted to the Chairman of the Nuclear
Weapons Council.
``(B) Submission to congress.--Not later than 15 days after
the Chairman of the Nuclear Weapons Council receives the
assessment required by paragraph (1), the Chairman shall
transmit the assessment, without change, to the congressional
defense committees.''.
SEC. 1621. TECHNICAL AMENDMENT TO ADDITIONAL REPORT MATTERS
ON STRATEGIC DELIVERY SYSTEMS.
Section 495(b) of title 10, United States Code, is amended
in the matter preceding paragraph (1)--
(1) by striking ``before fiscal year 2020'' and inserting
``prior to the expiration of the Treaty between the United
States of America and the Russian Federation on Measures for
the Further Reduction and Limitation of Strategic Offensive
Arms, signed on April 8, 2010, and entered into force on
February 5, 2011 (commonly referred to as the `New START
Treaty')''; and
(2) by striking ``1043 of the National Defense
Authorization Act for Fiscal Year 2012'' and inserting
``492(a) of title 10, United States Code,''.
SEC. 1622. AMENDMENT TO STUDY OF WEAPONS PROGRAMS THAT ALLOW
ARMED FORCES TO ADDRESS HARD AND DEEPLY BURIED
TARGETS.
Section 1674 of the National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263) is amended--
(1) in subsection (e)--
(A) in the heading, by striking ``on Use of Funds''; and
(B) by striking ``none of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2023 for the Department of Defense or the
Department of Energy for the deactivation, dismantlement, or
retirement of the B83-1 nuclear gravity bomb may be obligated
or expended'' and inserting ``neither the Secretary of
Defense nor the Secretary of Energy may take any action'';
and
(2) in subsection (f), by striking ``on the use of funds
under'' and inserting ``in''.
SEC. 1623. LIMITATION ON USE OF FUNDS UNTIL PROVISION OF
DEPARTMENT OF DEFENSE INFORMATION TO GOVERNMENT
ACCOUNTABILITY OFFICE.
Of the funds authorized to be appropriated by this Act for
fiscal year 2024 for Operation and Maintenance, Defense-wide,
and available for the Office of the Under Secretary of
Defense for Policy, not more than 50 percent may be obligated
or expended until the date on which the Comptroller General
of the United States notifies the congressional defense
committees that the Secretary of Defense has fully complied
with information requests by the Government Accountability
Office with respect to the conduct of the study required by
section 1652 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2100).
SEC. 1624. MONITORING IRANIAN ENRICHMENT.
(a) Significant Enrichment Activity Defined.--In this
section, the term ``significant enrichment activity'' means--
(1) any enrichment of any amount of uranium-235 to a purity
percentage that is 5 percent higher than the purity
percentage indicated in the prior submission to Congress
under subsection (b)(1); or
(2) any enrichment of uranium-235 in a quantity exceeding
10 kilograms.
(b) Submission to Congress.--
(1) In general.--Not later than 48 hours after the Director
of National Intelligence assesses that the Islamic Republic
of Iran has produced or possesses any amount of uranium-235
enriched to greater than 60 percent purity or has engaged in
significant enrichment activity, the Director of National
Intelligence shall submit to Congress such assessment,
consistent with the protection of intelligence sources and
methods.
(2) Duplication.--For any submission 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.
Subtitle C--Missile Defense
SEC. 1631. DESIGNATION OF OFFICIAL RESPONSIBLE FOR MISSILE
DEFENSE OF GUAM.
Paragraph (1) of section 1660(b) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263) is amended to read as follows:
``(1) Designation.--The Secretary of Defense shall
designate the Under Secretary of Defense for Acquisition and
Sustainment as the senior official of the Department of
Defense who shall be responsible for the missile defense of
Guam during the period preceding the date specified in
paragraph (5).''.
SEC. 1632. SELECTION OF A DIRECTOR OF THE MISSILE DEFENSE
AGENCY.
Subsection (a) of section 205 of title 10, United States
Code, is amended to read as follows:
``(a) Director of the Missile Defense Agency.--There is a
Director of the Missile Defense Agency who shall be appointed
for a period of six years by the President from among the
general officers on active duty in the Army, Air Force,
Marine Corps, or Space Force or from among the flag officers
on active duty in the Navy.''.
SEC. 1633. MODIFICATION OF REQUIREMENT FOR COMPTROLLER
GENERAL OF THE UNITED STATES REVIEW AND
ASSESSMENT OF MISSILE DEFENSE ACQUISITION
PROGRAMS.
Section 232(a) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1339), as
amended by section 1688 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1144)
and section 1644 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 4062), is further amended--
(1) in paragraph (1), by striking ``through 2025'' and
inserting ``through 2030'';
(2) in paragraph (2), by striking ``through 2026'' and
inserting ``through 2031''; and
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``emerging'' and
inserting ``other department of defense missile defense
acquisition efforts and related'';
(B) by striking ``emerging issues and'' and inserting
``emerging issues, any Department of Defense missile defense
acquisition efforts, and any other related issue and''; and
(C) by inserting ``on a mutually agreed upon date'' before
the period at the end.
SEC. 1634. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2024 for
procurement, Defense-wide, and available for the Missile
Defense Agency, not more than $80,000,000 may be provided to
the Government of Israel to procure components for the Iron
Dome short-range rocket defense system through co-production
of such components in the United States by industry of the
United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be
available subject to the terms and conditions in the
Agreement Between the Department of Defense of the United
States of America and the Ministry of Defense of the State of
Israel Concerning Iron Dome Defense System Procurement,
signed on March 5, 2014, as amended to include co-production
for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the
implementation of such agreement; and
(iii) for system improvements resulting in modified Iron
Dome components and Tamir interceptor sub-components, a
certification that the Government of Israel has demonstrated
successful completion of Production Readiness Reviews,
including the validation of production lines, the
verification of component conformance, and the verification
of performance to specification as defined in the Iron Dome
Defense System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2024 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $40,000,000 may be provided to
the Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the
[[Page S4018]]
United States by United States industry for the David's Sling
Weapon System is not less than 50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and Production Readiness
Reviews required by the research, development, and technology
agreement and the bilateral co-production agreement for the
David's Sling Weapon System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2024 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $80,000,000 may be provided to
the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for co-production of parts and
components in the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and Production Readiness Reviews required by the
research, development, and technology agreement for the Arrow
3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of co-
production of parts and components on the basis of the
greatest practicable co-production of parts, components, and
all-up rounds (if appropriate) by United States industry and
minimizes nonrecurring engineering and facilitization
expenses to the costs needed for co-production;
(ii) complete transparency on the requirement of Israel for
the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts and
components and procurement;
(iv) a joint affordability working group to consider cost
reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification
under subsection (c)(2) no later than 30 days before the
funds specified in paragraph (1) of subsections (b) and (c)
for the respective system covered by the certification are
provided to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the
(3) Committee on Foreign Affairs of the House of
Representatives.
SEC. 1635. MODIFICATION OF SCOPE OF PROGRAM ACCOUNTABILITY
MATRICES REQUIREMENTS FOR NEXT GENERATION
INTERCEPTORS FOR MISSILE DEFENSE OF THE UNITED
STATES HOMELAND.
Section 1668(f) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) is amended--
(1) by inserting ``and the product development phase''
after ``technology development phase'' each place is appears;
and
(2) in paragraph (7), by striking ``enter the product
development phase'' and inserting ``enter the production
phase''.
SEC. 1636. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF
COST ASSESSMENT AND PROGRAM EVALUATION UNTIL
SUBMISSION OF MISSILE DEFENSE ROLES AND
RESPONSIBILITIES REPORT.
Of the funds authorized to be appropriated for fiscal year
2024 by section 301 for operation and maintenance, Defense-
wide, and available for the Office of Cost Assessment and
Program Evaluation, not more than 50 percent may be obligated
or expended until the date on which the Secretary of Defense
submits to the congressional defense committees the report
required by section 1675(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81).
SEC. 1637. INTEGRATED AIR AND MISSILE DEFENSE ARCHITECTURE
FOR THE INDO-PACIFIC REGION.
(a) Strategy Required.--The Commander of United States
Indo-Pacific Command shall, in coordination with the Under
Secretary of Defense for Acquisition and Sustainment, the
Commander of United States Northern Command, the Director of
the Missile Defense Agency, and the Director of the Joint
Integrated Air and Missile Defense Organization, develop a
comprehensive strategy for developing, acquiring, and
operationally establishing an integrated air and missile
defense architecture for the United States Indo-Pacific
Command area of responsibility.
(b) Strategy Components.--At a minimum, the strategy
required by subsection (a) shall address the following:
(1) The sensing, tracking, and intercepting capabilities
required to address the full range of credible missile
threats to--
(A) the Hawaiian Islands;
(B) the island of Guam and other islands in the greater
Marianas region, as determined necessary by the Commander of
United States Indo-Pacific Command;
(C) other United States territories within the area of
responsibility of United States Indo-Pacific Command; and
(D) United States forces deployed within the territories of
other nations within such area of responsibility.
(2) The appropriate balance of missile detection, tracking,
defense, and defeat capabilities within such area of
responsibility.
(3) A command and control network for integrating missile
detection, tracking, defense, and defeat capabilities across
such area of responsibility.
(4) A time-phased scheduling construct for fielding the
constituent systems that will comprise the integrated air and
missile defense architecture for such area of responsibility.
(c) Annual Report.--
(1) In general.--Not later than March 15, 2024, and not
less frequently than once each year thereafter, the Commander
of United States Indo-Pacific Command shall, in coordination
with the Under Secretary of Defense for Acquisition and
Sustainment, the Commander of United States Northern Command,
the Director of the Missile Defense Agency, and the Director
of the Joint Integrated Air and Missile Defense Organization,
submit to the congressional defense committees an annual
report outlining the following with regard to the strategy
developed pursuant to subsection (a):
(A) The activities conducted and progress made in
developing and implementing the strategy over the previous
calendar year.
(B) The planned activities for developing and implementing
the strategy in the upcoming year.
(C) A description of likely risks and impediments to the
successful implementation of the strategy.
(2) Termination.--The requirements of paragraph (1) shall
terminate on the earlier of the following:
(A) March 15, 2029.
(B) The date on which a comprehensive integrated air and
missile defense architecture for the area of responsibility
of United States Indo-Pacific Command has achieved initial
operational capability, as determined jointly by the
Commander of United States Indo-Pacific Command and the
Director of the Missile Defense Agency.
(d) Limitations.--Of the equipment and components
previously procured by the Department of Defense for the
purposes of constructing the Homeland Defense Radar-Hawaii,
none of such assets may be repurposed for other uses until
the first annual report required by subsection (c)(1) is
submitted to the congressional defense committees pursuant to
such subsection.
SEC. 1638. MODIFICATION OF NATIONAL MISSILE DEFENSE POLICY.
Section 1681(a) of the of the National Defense
Authorization Act for fiscal year 2017 (Public Law 114-328;
10 U.S.C. 4205 note) is amended to read as follows:
``(a) Policy.--It is the policy of the United States to--
``(1) maintain and improve, with funding subject to the
annual authorization of appropriations and the annual
appropriation of funds for National Missile Defense--
``(A) an effective, layered missile defense system capable
of defending the territory of the United States against the
developing and increasingly complex missile threat; and
``(B) an effective regional missile defense system capable
of defending the allies, partners, and deployed forces of the
United States against increasingly complex missile threats;
and
``(2) rely on nuclear deterrence to address more
sophisticated and larger quantity near-peer intercontinental
missile threats to the homeland of the United States.''.
Subtitle D--Other Matters
SEC. 1641. ELECTRONIC WARFARE.
(a) In General.--Part I of subtitle A of title 10, United
States Code, is amended by adding at the end the following
new chapter:
``CHAPTER 25--ELECTRONIC WARFARE
``Sec.
``500. Electronic Warfare Executive Committee.
``500a. Guidance on the electronic warfare mission area and joint
electromagnetic spectrum operations.
[[Page S4019]]
``500b. Annual report on electronic warfare strategy of the Department
of Defense.
``500c. Annual assessment of budget with respect to electronic warfare
capabilities.
``500d. Electromagnetic spectrum superiority implementation plan.
``500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint
Electromagnetic Spectrum Operations.
``500f. Evaluations of abilities of armed forces and combatant commands
to perform electromagnetic spectrum operations missions.
``Sec. 500. Electronic Warfare Executive Committee
``(a) In General.--There is within the Department of
Defense an Electronic Warfare Executive Committee (in this
section referred to as the `Executive Committee').
``(b) Purposes.--The Executive Committee shall--
``(1) serve as the principal forum within the Department of
Defense to inform, coordinate, and evaluate matters relating
to electronic warfare;
``(2) provide senior oversight, coordination, and budget
and capability harmonization with respect to such matters;
and
``(3) act as an advisory body to the Secretary of Defense,
the Deputy Secretary of Defense, and the Management Action
Group of the Deputy Secretary with respect to such matters.
``(c) Responsibilities.--The Executive Committee shall--
``(1) advise key senior level decision-making bodies of the
Department of Defense with respect to the development and
implementation of acquisition investments relating to
electronic warfare and electromagnetic spectrum operations of
the Department, including relevant acquisition policies,
projects, programs, modeling, and test and evaluation
infrastructure;
``(2) provide a forum to enable synchronization and
integration support with respect to the development and
acquisition of electronic warfare capabilities--
``(A) by aligning the processes of the Department for
requirements, research, development, acquisition, testing,
and sustainment; and
``(B) carrying out other related duties; and
``(3) act as the senior level review forum for the
portfolio of capability investments of the Department
relating to electronic warfare and electromagnetic spectrum
operations and other related matters.
``(d) Coordination With Intelligence Community.--The
Executive Committee, acting through the Under Secretary of
Defense for Intelligence and Security, shall coordinate with
the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) to generate
requirements, facilitate collaboration, establish interfaces,
and align efforts of the Department of Defense with respect
to electronic warfare capability and acquisition with efforts
of the intelligence community relating to electronic warfare
capability and acquisition in areas of dependency or mutual
interest between the Department and the intelligence
community.
``(e) Meetings.--
``(1) Frequency.--The Executive Committee shall hold
meetings not less frequently than quarterly and as necessary
to address particular issues.
``(2) Form.--The Executive Committee may hold meetings by
videoconference.
``(f) Membership.--
``(1) In general.--The Executive Committee shall be
composed of the following principal members:
``(A) The Under Secretary of Defense for Acquisition and
Sustainment.
``(B) The Vice Chairman of the Joint Chiefs of Staff.
``(C) The Under Secretary of Defense for Intelligence and
Security.
``(D) The Under Secretary of Defense for Policy.
``(E) The Commander of the United States Strategic Command.
``(F) The Chief Information Officer of the Department of
Defense.
``(G) Such other Federal officers or employees as the
Secretary of Defense considers appropriate, consistent with
other authorities of the Department of Defense and
publications of the Joint Staff, including the Charter for
the Electronic Warfare Executive Committee, dated March 17,
2015.
``(g) Co-chairs of Executive Committee.--
``(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment and the Vice Chairman of the
Joint Chiefs of Staff, or their designees, shall serve as co-
chairs of the Executive Committee.
``(2) Responsibilities of co-chairs.--The co-chairs of the
Executive Committee shall--
``(A) preside at all Executive Committee meetings or have
their designees preside at such meetings;
``(B) provide administrative control of the Executive
Committee;
``(C) jointly guide the activities and actions of the
Executive Committee;
``(D) approve all agendas for and summaries of meetings of
the Executive Committee;
``(E) charter tailored working groups to conduct mission
area analysis, as required, under subsection (i); and
``(F) perform such other duties as may be necessary to
ensure the good order and functioning of the Executive
Committee.
``(h) Electronic Warfare Capability Team.--
``(1) In general.--There is within the Executive Committee
an electronic warfare capability team, which shall--
``(A) serve as a flag officer level focus group and
executive secretariat subordinate to the Executive Committee;
and
``(B) in that capacity--
``(i) provide initial senior level coordination on key
electronic warfare issues;
``(ii) prepare recommended courses of action to present to
the Executive Committee; and
``(iii) perform other related duties.
``(2) Co-chairs.--The electronic warfare capability team
shall be co-chaired by one representative from the Office of
the Under Secretary of Defense for Acquisition and
Sustainment and one representative from the Force Structure,
Resources, and Assessment Directorate of the Joint Staff (J-
8).
``(3) Staff.--The principal members of the Executive
Committee shall designate representatives from their
respective staffs to the electronic warfare capability team.
``(i) Mission Area Working Groups.--
``(1) In general.--The Executive Committee shall establish
mission area working groups on a temporary basis--
``(A) to address specific issues and mission areas relating
to electronic warfare and electromagnetic spectrum
operations;
``(B) to involve subject matter experts and components of
the Department of Defense with expertise in electronic
warfare and electromagnetic spectrum operations; and
``(C) to perform other related duties.
``(2) Dissolution.--The Executive Committee shall dissolve
a mission area working group established under paragraph (1)
once the issue the working group was established to address
is satisfactorily resolved.
``(j) Administration.--The Under Secretary of Defense for
Acquisition and Sustainment shall administratively support
the Executive Committee, including by designating not fewer
than two officials of the Department of Defense to support
the day-to-day operations of the Executive Committee.
``(k) Report to Congress.--Not later than February 28,
2024, and annually thereafter through 2030, the Executive
Committee shall submit to the congressional defense
committees a summary of activities of the Executive Committee
during the preceding fiscal year.
``Sec. 500a. Guidance on the electronic warfare mission area
and joint electromagnetic spectrum operations
``The Secretary of Defense shall--
``(1) establish processes and procedures to develop,
integrate, and enhance the electronic warfare mission area
and the conduct of joint electromagnetic spectrum operations
in all domains across the Department of Defense; and
``(2) ensure that such processes and procedures provide for
integrated defense-wide strategy, planning, and budgeting
with respect to the conduct of such operations by the
Department, including activities conducted to counter and
deter such operations by malign actors.
``Sec. 500b. Annual report on electronic warfare strategy of
the Department of Defense
``(a) In General.--At the same time as the President
submits to Congress the budget of the President under section
1105(a) of title 31 for each of fiscal years 2025 through
2029, the Secretary of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff and the Secretary of
each of the military departments, shall submit to the
congressional defense committees an annual report on the
electronic warfare strategy of the Department of Defense.
``(b) Contents of Report.--Each report required under
subsection (a) shall include each of the following:
``(1) A description and overview of--
``(A) the electronic warfare strategy of the Department of
Defense;
``(B) how such strategy supports the National Defense
Strategy; and
``(C) the organizational structure assigned to oversee the
development of the Department's electronic warfare strategy,
requirements, capabilities, programs, and projects.
``(2) A list of all the electronic warfare acquisition
programs and research and development projects of the
Department of Defense and a description of how each program
or project supports the Department's electronic warfare
strategy.
``(3) For each unclassified program or project on the list
required by paragraph (2)--
``(A) the senior acquisition executive and organization
responsible for oversight of the program or project;
``(B) whether or not validated requirements exist for the
program or project and, if such requirements do exist, the
date on which the requirements were validated and the
organizational authority that validated such requirements;
``(C) the total amount of funding appropriated, obligated,
and forecasted by fiscal year for the program or project,
including the program element or procurement line number from
which the program or project receives funding;
``(D) the development or procurement schedule for the
program or project;
``(E) an assessment of the cost, schedule, and performance
of the program or project as
[[Page S4020]]
it relates to the program baseline for the program or
project, as of the date of the submission of the report, and
the original program baseline for such program or project, if
such baselines are not the same;
``(F) the technology readiness level of each critical
technology that is part of the program or project;
``(G) whether or not the program or project is redundant or
overlaps with the efforts of another military department; and
``(H) the capability gap that the program or project is
being developed or procured to fulfill.
``(4) A classified annex that contains the items described
in subparagraphs (A) through (H) of paragraph (3) for each
classified program or project on the list required by
paragraph (2).
``Sec. 500c. Annual assessment of budget with respect to
electronic warfare capabilities
``At the same time as the President submits to Congress the
budget of the President under section 1105(a) of title 31 for
each of fiscal years 2025 through 2029, the Secretary of
Defense shall submit to the congressional defense committees
an assessment by the Director of Cost Assessment and Program
Evaluation as to whether sufficient funds are requested in
such budget for anticipated activities in such fiscal year
for each of the following:
``(1) The development of an electromagnetic battle
management capability for joint electromagnetic spectrum
operations.
``(2) The establishment and operation of associated joint
electromagnetic spectrum operations cells.
``Sec. 500d. Electromagnetic spectrum superiority
implementation plan
``(a) In General.--The Chief Information Officer of the
Department of Defense shall be responsible for oversight of
the electromagnetic superiority implementation plan.
``(b) Report Required.--Concurrent with the submission of
the budget of the President to Congress under section 1105(a)
of title 31 for each of fiscal years 2025 through 2029, the
Chief Information Officer shall submit to the congressional
defense committees a report that includes the following with
respect to the electromagnetic superiority implementation
plan:
``(1) The implementation plan in effect as of the date of
the report, noting any revisions from the preceding plan.
``(2) A statement of the elements of the implementation
plan that have been achieved.
``(3) For each element that has been achieved, an
assessment of whether the element is having its intended
effect.
``(4) For any element that has not been achieved, an
assessment of progress made in achieving the element,
including a description of any obstacles that may hinder
further progress.
``(5) For any element that has been removed from the
implementation plan, a description of the reason for the
removal of the element and an assessment of the impact of not
pursuing achievement of the element.
``(6) Such additional matters as the Chief Information
Officer considers appropriate.
``(c) Electromagnetic Superiority Implementation Plan
Defined.--In this section, the term `electromagnetic
superiority implementation plan' means the Electromagnetic
Superiority Implementation Plan signed by the Secretary of
Defense on July 15, 2021, and any successor plan.
``Sec. 500e. Electromagnetic Spectrum Enterprise Operational
Lead for Joint Electromagnetic Spectrum Operations
``(a) In General.--Not later than 30 days after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2024, the Secretary of Defense shall establish an
Electromagnetic Spectrum Enterprise Operational Lead for
Joint Electromagnetic Spectrum Operations (in this section
referred to as the `operational lead') at the United States
Strategic Command, which shall report to the Commander of the
United States Strategic Command.
``(b) Function.--The operational lead shall be responsible
for synchronizing, assessing, and making recommendations to
the Chairman of the Joint Chiefs of Staff with respect to the
readiness of the combatant commands to conduct joint
electromagnetic spectrum operations.
``(c) Briefings Required.--Concurrent with the submission
of the budget of the President to Congress under section
1105(a) of title 31 for each of fiscal years 2025 through
2029, the Chairman, acting through the operational lead,
shall brief to the congressional defense committees on the
following:
``(1) Progress made in achieving full operational
capability to conduct joint electromagnetic spectrum
operations and any impediments to achieving such capability.
``(2) The readiness of the combatant commands to conduct
such operations.
``(3) Recommendations for overcoming any deficiencies in
the readiness of the combatant commands to conduct such
operations and any material gaps contributing to such
deficiencies.
``(4) Such other matters as the Chairman considers
important to ensuring that the combatant commands are capable
of conducting such operations.
``Sec. 500f. Evaluations of abilities of armed forces and
combatant commands to perform electromagnetic spectrum
operations missions
``(a) Evaluations of Armed Forces.--
``(1) In general.--Not later than October 1, 2024, and
annually thereafter through 2029, the Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff of
the Air Force, the Commandant of the Marine Corps, and the
Chief of Space Operations shall each carry out an evaluation
of the ability of the armed force concerned to perform
electromagnetic spectrum operations missions required by each
of the following:
``(A) The Electromagnetic Spectrum Superiority Strategy.
``(B) The Joint Staff-developed concept of operations for
electromagnetic spectrum operations.
``(C) The operations and contingency plans of the combatant
commands.
``(2) Certification required.--Not later than December 31
of each year in which evaluations are required under
paragraph (1), each official specified in that paragraph
shall certify to the congressional defense committees that
the evaluation required to be carried out by that official
has occurred.
``(3) Elements.--Each evaluation under paragraph (1) shall
include an assessment of the following:
``(A) Current programs of record, including--
``(i) the ability of weapon systems to perform missions in
contested electromagnetic spectrum environments; and
``(ii) the ability of electronic warfare capabilities to
disrupt adversary operations.
``(B) Future programs of record, including--
``(i) the need for distributed or network-centric
electronic warfare and signals intelligence capabilities; and
``(ii) the need for automated and machine learning- or
artificial intelligence-assisted electronic warfare
capabilities.
``(C) Order of battle.
``(D) Individual and unit training.
``(E) Tactics, techniques, and procedures, including--
``(i) maneuver, distribution of assets, and the use of
decoys; and
``(ii) integration of non-kinetic and kinetic fires.
``(F) Other matters relevant to evaluating the ability of
the armed force concerned to perform electromagnetic spectrum
operations missions described in paragraph (1).
``(b) Evaluations of Combatant Commands.--
``(1) In general.--Not later than October 1, 2024, and
annually thereafter through 2029, the Chairman of the Joint
Chiefs of Staff, acting through the Electromagnetic Spectrum
Enterprise Operational Lead for Joint Electromagnetic
Spectrum Operations established under section 500e (in this
section referred to as the `operational lead'), shall carry
out an evaluation of the plans and posture of the combatant
commands to execute the electromagnetic spectrum operations
envisioned in each of the following:
``(A) The Electromagnetic Spectrum Superiority Strategy.
``(B) The Joint Staff-developed concept of operations for
electromagnetic spectrum operations.
``(2) Elements.--Each evaluation under paragraph (1) shall
include an assessment, as relevant, of the following:
``(A) Operation and contingency plans.
``(B) The manning, organizational alignment, and capability
of joint electromagnetic spectrum operations cells.
``(C) Mission rehearsal and exercises.
``(D) Force positioning, posture, and readiness.
``(3) Briefing required.--Not later than December 31 of
each year in which an evaluation is required under paragraph
(A), the Chairman of the Joint Chiefs of Staff, acting
through the operational lead, shall brief the congressional
defense committees on the results of the evaluation.''.
(b) Clerical Amendment.--The tables of chapters at the
beginning of subtitle A of title 10, United States Code, and
at the beginning of part I of such subtitle, are each amended
by inserting after the item relating to chapter 24 the
following new item:
``25. Electronic Warfare.....................................500''.....
(c) Conforming Repeal.--Section 1053 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 113 note) is repealed.
SEC. 1642. STUDY ON THE FUTURE OF THE INTEGRATED TACTICAL
WARNING ATTACK ASSESSMENT SYSTEM.
(a) In General.--The Chairman of the Joint Chiefs of Staff
shall enter into an agreement with a federally funded
research and development center--
(1) to conduct a study on the future of the Integrated
Tactical Warning Attack Assessment System (ITW/AA); and
(2) to submit to the Chairman a report on the findings of
the center with respect to the study conducted under
paragraph (1).
(b) Elements.--The study conducted pursuant to an agreement
under subsection (a) shall cover the following:
(1) Future air and missile threats to the United States.
(2) The integration of multi-domain sensor data and their
ground systems with the existing architecture of the
Integrated Tactical Warning Attack Assessment System.
(3) The effect of the integration described in paragraph
(2) on the data reliability standards of the Integrated
Tactical Warning Attack Assessment System.
(4) Future data visualization, conferencing, and
decisionmaking capabilities of such system.
(5) Such other matters as the Chairman considers relevant
to the study.
[[Page S4021]]
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Chairman shall submit to the
congressional defense committees--
(1) the report submitted to the Chairman under subsection
(a)(2); and
(2) the assessment of the Chairman with respect to the
findings in such report and the recommendations of the
Chairman with respect to modernizing the Integrated Tactical
Warning Attack Assessment System.
SEC. 1643. COMPREHENSIVE REVIEW OF ELECTRONIC WARFARE TEST
RANGES AND FUTURE CAPABILITIES.
(a) In General.--The Under Secretary of Defense for
Research and Engineering, in consultation with the Chairman
of the Joint Chiefs of Staff, shall conduct a comprehensive
review of any deficiencies in the capacity of the electronic
warfare test ranges and future electronic warfare
capabilities of the Department of Defense relating to current
and future global threats, research and development efforts,
modeling, and electromagnetic and physical encroachment of
the test ranges.
(b) Elements.--The review required by subsection (a) shall
consider the following:
(1) Each electronic warfare test range, its size, any
distinguishing features, and its electronic warfare
capabilities.
(2) The electronic warfare capabilities that are best
practiced at which range and any encroachment issues between
ranges.
(3) Future electronic warfare capabilities and planned
acquisitions.
(4) Any modeling the Test Resource Management Center has
done on incorporating future or planned electronic warfare
capabilities into the current test ranges.
(5) Any other matter the Under Secretary considers
necessary.
(c) Briefing Required.--Not later than March 31, 2024, the
Under Secretary shall provide the congressional defense
committees with a briefing on the findings of the review
required by subsection (a) that includes--
(1) an assessment of any deficiency in the electronic
warfare test ranges and future electronic warfare
capabilities of the Department of Defense identified in the
review; and
(2) a plan to address any such deficiency in a timely
manner.
SEC. 1644. EXTENSION OF AUTHORIZATION FOR PROTECTION OF
CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
Section 130i(i) of title 10, United States Code, is amended
by striking ``2023'' both places it appears and inserting
``2026''.
SEC. 1645. ADDRESSING SERIOUS DEFICIENCIES IN ELECTRONIC
PROTECTION OF SYSTEMS THAT OPERATE IN THE RADIO
FREQUENCY SPECTRUM.
(a) In General.--The Secretary of Defense shall take such
actions as the Secretary considers necessary and
practicable--
(1) to establish requirements for and assign sufficient
priority to ensuring electronic protection of sensor,
navigation, and communications systems and subsystems against
jamming, spoofing, and unintended interference from military
systems; and
(2) to provide management oversight and supervision of the
military departments to ensure electronic protection of
military systems that emit and receive in radio frequencies
against modern threats and interference from military systems
operating in the same or adjacent radio frequency of Federal
spectrum.
(b) Specific Required Actions.--The Secretary shall require
the military departments and combat support agencies to--
(1) develop and approve requirements, through the Joint
Requirements Oversight Council as appropriate, within 270
days of the date of the enactment of this Act, for every
radar, signals intelligence, navigation, and communications
system and subsystem subject to the Global Force Management
process to be able to withstand threat-realistic levels of
jamming, spoofing, and unintended interference, which
includes self-generated interference;
(2) test every system and subsystem described in paragraph
(1) at a test range that permits threat-realistic electronic
warfare attacks against the system or subsystem by a red team
or opposition force at least once every 4 years, with the
first set of highest priority systems to be initially tested
no later than fiscal year 2025;
(3) retrofit every system and subsystem described in
paragraph (1) that fails to meet electronic protection
requirements during testing with electronic protection
measures that can withstand threat-realistic jamming,
spoofing, and unintended interference within 3 years from the
date of the testing, and to retest such systems and
subsystems within 4 years of the initial failed test;
(4) survey, identify, and test available technology that
can be practically and affordably retro-fitted on the systems
described in paragraph (1) and which provides robust
protection against threat-realistic jamming, spoofing, and
unintended interference; and
(5) design and build electronic protection into ongoing and
future development programs to withstand expected jamming and
spoofing threats and unintended interference.
(c) Waiver.--The Secretary may establish a process for
issuing waivers on a case-by-case basis for the testing
requirement established in paragraph (2) of subsection (b)
and for the retrofit requirement established in paragraph (3)
of such subsection.
(d) Annual Reports.--Each fiscal year, coinciding with the
submission of the President's budget request to Congress
pursuant to section 1105(a) of title 31, United States Code,
through fiscal year 2030, the Director of Operational Test
and Evaluation shall submit to the Electronic Warfare
Executive Committee, the Committee on Armed Services of the
Senate, and the Committee on Armed Services of the House of
Representatives a comprehensive annual report aggregating
reporting from the military departments and combat support
agencies that describes--
(1) the implementation of the requirements of this section;
(2) the systems subject to testing in the previous year and
the results of such tests, including a description of the
requirements for electronic protection established for the
tested systems; and
(3) each waiver issued in the previous year with respect to
such requirements, together with a detailed rationale for the
waiver and a plan for addressing the basis for the waiver
request.
SEC. 1646. FUNDING LIMITATION ON CERTAIN UNREPORTED PROGRAMS.
(a) Limitation on Availability of Funds.--None of the funds
authorized to be appropriated by this Act for fiscal year
2024 may be obligated or expended, directly or indirectly, in
part or in whole, for, on, in relation to, or in support of
activities involving unidentified anomalous phenomena
protected under any form of special access or restricted
access limitations that have not been formally, officially,
explicitly, and specifically described, explained, and
justified to the appropriate committees of Congress,
congressional leadership, and the Director, including for any
activities relating to the following:
(1) Recruiting, employing, training, equipping, and
operations of, and providing security for, Government or
contractor personnel with a primary, secondary, or
contingency mission of capturing, recovering, and securing
unidentified anomalous phenomena craft or pieces and
components of such craft.
(2) Analyzing such craft or pieces or components thereof,
including for the purpose of determining properties, material
composition, method of manufacture, origin, characteristics,
usage and application, performance, operational modalities,
or reverse engineering of such craft or component technology.
(3) Managing and providing security for protecting
activities and information relating to unidentified anomalous
phenomena from disclosure or compromise.
(4) Actions relating to reverse engineering or replicating
unidentified anomalous phenomena technology or performance
based on analysis of materials or sensor and observational
information associated with unidentified anomalous phenomena.
(5) The development of propulsion technology, or aerospace
craft that uses propulsion technology, systems, or subsystems
that is based on or derived from or inspired by inspection,
analysis, or reverse engineering of recovered unidentified
anomalous phenomena craft or materials.
(6) Any aerospace craft that uses propulsion technology
other than chemical propellants, solar power, and electric
ion thrust.
(b) Notification and Reporting.--
(1) In general.--Any person currently or formerly under
contract with the Federal Government that has in their
possession material or information provided by or derived
from the Federal Government relating to unidentified
anomalous phenomena that formerly or currently is protected
by any form of special access or restricted access shall--
(A) not later than 60 days after the date of the enactment
of this Act, notify the Director of such possession; and
(B) not later than 180 days after the date of the enactment
of this Act, make available to the Director for assessment,
analysis, and inspection--
(i) all such material and information; and
(ii) a comprehensive list of all non-earth origin or exotic
unidentified anomalous phenomena materiel.
(2) Protections.--The provision of notice and the making
available of material and information under paragraph (1)
shall be treated as an authorized disclosure under section
1673(b) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (50 U.S.C. 3373b).
(c) Limitation Regarding Independent Research and
Development.--Consistent with Department of Defense
Instruction Number 3204.01 (dated August 20, 2014,
incorporating change 2, dated July 9, 2020; relating to
Department policy for oversight of independent research and
development), independent research and development funding
relating to material or information described in subsection
(a) shall not be allowable as indirect expenses for purposes
of contracts covered by such instruction, unless such
material and information is made available to the Director in
accordance with subsection (b).
(d) Notice to Congress.--Not later than 30 days after the
date on which the Director has received a notification under
subparagraph (A) of subsection (b)(1) or information or
material under paragraph (B) of such subsection, the Director
shall provide a written notification of such receipt to the
appropriate committees of Congress and congressional
leadership.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
[[Page S4022]]
(A) the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.
(2) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) The term ``Director'' means the Director of the All-
domain Anomaly Resolution Office.
(4) The term ``unidentified anomalous phenomena'' has the
meaning given such term in section 1683(n)of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373(n)), as amended by section 6802(a) of the Intelligence
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
SEC. 1647. REVISION OF SECRETARY OF DEFENSE AUTHORITY TO
ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR
INTELLIGENCE COLLECTION ACTIVITIES.
(a) Extension of Authority.--Section 431(a) of title 10,
United States Code, is amended by striking ``December 31,
2023'' and inserting ``December 31, 2025''.
(b) Interagency Coordination and Support.--Paragraph (1) of
section 431(b) of such title is amended to read as follows:
``(1) be pre-coordinated with the Director of the Central
Intelligence Agency using procedures mutually agreed upon by
the Secretary of Defense and the Director, and, where
appropriate, be supported by the Director; and''.
TITLE XVII--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Relating to Cyber Operations and Cyber Forces
SEC. 1701. MEASURES TO ENHANCE THE READINESS AND
EFFECTIVENESS OF THE CYBER MISSION FORCE.
(a) Personnel Requirements and Training for Critical Work
Roles.--The Secretary of Defense shall--
(1) develop a plan to require--
(A) a term of enlistment that is--
(i) common across the military departments for critical
work roles of the Cyber Mission Force;
(ii) appropriate given the value of the training required
for such work roles; and
(iii) sufficient and extensive enough to meet the readiness
requirements established by the Commander of United States
Cyber Command;
(B) tour lengths for personnel in the Cyber Mission Force
that are--
(i) common across the military departments; and
(ii) sufficient and extensive enough to meet the readiness
requirements established by the Commander of United States
Cyber Command;
(C) the military departments to present Cyber Mission Force
personnel to the Commander of United States Cyber Command who
are fully trained to the standards required by the work roles
established by the Commander, including the critical work
roles of the Cyber Mission Force, prior to their attachment
or assignment to a unit of United States Cyber Command;
(D) obligated service for members who receive the training
contemplated in paragraph (C) which is commensurate with the
significant financial and time investments made by the
military service for the training received; and
(E) facilitation of consecutive assignments at the same
unit while not inhibiting the advancement or promotion
potential of any member of the Armed Forces.
(2) direct the Secretaries of the military departments to
implement the plan developed under paragraph (1); and
(3) establish curriculum and capacity within one or more
military departments to train sufficient numbers of personnel
from all of the military departments who can effectively
perform the critical Cyber Mission Force work roles to
achieve the readiness requirements established by the
Commander of United States Cyber Command.
(b) Pilot Program on Acquiring Contract Services for
Critical Work Roles.--
(1) Pilot program required.--Not later than 180 days after
the date of the enactment of this Act, the Commander of
United States Cyber Command shall commence a pilot program to
assess the feasibility and advisability of acquiring the
services of skilled personnel in the critical work roles of
the Cyber Mission Force by contracting with one or more
persons to enhance the readiness and effectiveness of the
Cyber Mission Force.
(2) Pilot program duration.--The Commander shall carry out
the pilot program required by subsection paragraph (1) during
the three-year period beginning on the date of the
commencement of the pilot program and may, after such
period--
(A) continue carrying out such pilot program after such
period for such duration as the Commander considers
appropriate; or
(B) transition such pilot program to a permanent program.
(c) Plan on Hiring, Training, and Retaining Civilians to
Serve in Critical Work Roles.--Not later than 120 days after
the date of the enactment of this Act, the Commander shall--
(1) develop a plan to hire, train, and retain civilians to
serve in the critical work roles of the Cyber Mission Force
and other positions of the Cyber Mission Force to enhance the
readiness and effectiveness of the Cyber Mission Force; and
(2) provide the congressional defense committees a briefing
on the plan developed under paragraph (1).
(d) Definition of Critical Work Roles of the Cyber Mission
Force.--The term ``critical work roles of the Cyber Mission
Force'' means work roles of the Cyber Mission Force relating
to on-network operations, tool development, and exploitation
analysis.
SEC. 1702. CYBER INTELLIGENCE CENTER.
(a) Establishment of Capability Required.--The Secretary of
Defense shall establish a dedicated cyber intelligence
capability to support the requirements of United States Cyber
Command, the other combatant commands, the military
departments, defense agencies, the Joint Staff, and the
Office of the Secretary of Defense for foundational,
scientific and technical, and all-source intelligence on
cyber technology development, capabilities, concepts of
operation, operations, and plans and intentions of cyber
threat actors.
(b) Establishment of Center Authorized.--
(1) Authorization.--Subject to paragraph (2), the Secretary
may establish an all-source analysis center under the
administration of the Defense Intelligence Agency to provide
foundational intelligence for the capability established
under subsection (a).
(2) Limitation.--Information technology services for a
center established under paragraph (1) may not be provided by
the National Security Agency.
(c) Resources.--
(1) In general.--The Secretary shall direct and provide
resources to the Commander of United States Cyber Command
within the Military Intelligence Program to fund collection
and analysis by the National Security Agency to meet the
specific requirements established by the Commander for
signals intelligence support.
(2) Transfer of activities.--The Secretary may transfer the
activities required under paragraph (1) to the National
Intelligence Program if the Director of National Intelligence
concurs and the transfer is specifically authorized in an
intelligence authorization Act.
(d) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Commander shall--
(1) develop an estimate of the signals intelligence
collection and analysis required of the National Security
Agency and the cost of such collection and analysis; and
(2) provide the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives a briefing on the estimate developed under
paragraph (1).
SEC. 1703. PERFORMANCE METRICS FOR PILOT PROGRAM FOR SHARING
CYBER CAPABILITIES AND RELATED INFORMATION WITH
FOREIGN OPERATIONAL PARTNERS.
(a) In General.--The section 398 of title 10, United States
Code (relating to pilot program for sharing cyber
capabilities and related information with foreign operational
partners), as added by section 1551(a) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263), is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Performance Metrics.--(1) The Secretary of Defense
shall maintain performance metrics to track the results of
sharing cyber capabilities and related information with
foreign operational partners under a pilot program authorized
by subsection (a).
``(2) The performance metrics under paragraph (1) shall
include the following:
``(A) Who the cyber capability was used against.
``(B) The effect of the cyber capability, including whether
and how the transfer of the cyber capability improved the
operational cyber posture of the United States and achieved
operational objectives of the United States, or had no
effect.
``(C) Such other outcome-based or appropriate performance
metrics as the Secretary considers appropriate for evaluating
the effectiveness of a pilot program carried out under
subsection (a).''.
(b) Technical Correction.--Chapter 19 of such title is
amended--
(1) in the table of sections for such chapter by striking
the item relating to such section 398 and inserting the
following:
``398a. Pilot program for sharing cyber capabilities and related
information with foreign operational partners.''; and
(2) by redesignating such section 398 as section 398a.
SEC. 1704. NEXT GENERATION CYBER RED TEAMS.
(a) Development and Submission of Plans.--Not later than
180 days after the date of the enactment of this Act, the
Under Secretary of Defense for Policy shall direct the
appropriate Assistant Secretary of Defense in the Office of
the Under Secretary of Defense for Policy, in consultation
with the Principal Cyber Advisors of the military
departments, to oversee the development and submission of a
plan described in subsection (b) to the Director of
Operational Test and
[[Page S4023]]
Evaluation (OT&E) and the Director of the National Security
Agency (NSA) for assessment under subsection (c).
(b) Plans Described.--The plan described in this subsection
is a plan--
(1) to modernize cyber red teams (``CRTs'') with a focus on
utilizing cyber threat intelligence and threat modeling to
ensure the ability to emulate advanced nation-state threats,
automation, artificial intelligence or machine learning
capabilities, and data collection and correlation;
(2) to establish joint service standards and metrics to
ensure cyber red teams are adequately trained, staffed, and
equipped to emulate advanced nation-state threats; and
(3) to expand partnerships between the Department of
Defense, particularly existing cyber red teams, and academia
to expand the cyber talent workforce.
(c) Assessment.--The Director of Operational Test and
Evaluation shall, in coordination with the Director of the
National Security Agency, review the plan submitted pursuant
to subsection (a) and in doing so shall conduct an assessment
of the plan with consideration of the following:
(1) Opportunities for cyber red team operations to expand
across the competition continuum, including during the
cooperation and competition phases, strongly emphasizing pre-
conflict preparation of the battlespace to better match
adversary positioning and cyber activities, including
operational security assessments to strengthen the ability of
the Department to gain and maintain a tactical advantage.
(2) The extent to which critical and emerging technologies
and concepts such as artificial intelligence and machine
learning enabled analysis and process automation can reduce
the amount of person hours operators spend on maintenance and
reporting to maximize research and training time.
(3) Identification of training requirements, and changes to
training, sustainment practices, or concepts of operation or
employment that may be needed to ensure the effectiveness,
suitability, and sustainability of the next generation of
cyber red teams.
(4) The extent to which additional resources or
partnerships may be needed to remediate personnel shortfalls
in cyber red teams, including funding for internship
programs, hiring, and contracting.
(d) Implementation.--Not later than one year after the date
of enactment of this Act, the Secretary of Defense shall
issue such policies and guidance and prescribe such
regulations as the Secretary determines necessary to carry
out the plan required by subsection (a).
(e) Annual Reports.--Not later than January 31, 2025, and
not less frequently than annually thereafter until January
31, 2031, the Director of Operational Test and Evaluation
shall include in the annual report required by section 139(h)
of title 10, United States Code, the following:
(1) The findings of the Director with respect to the
assessment carried out pursuant to subsection (c).
(2) The results of test and evaluation events, including
any resource and capability shortfalls limiting the ability
of cyber red teams to meet operational requirements.
(3) The extent to which operations of cyber red teams have
expanded across the competition continuum, including during
cooperation and competition phases, to match adversary
positioning and cyber activities.
(4) A summary of identified categories of common gaps and
shortfalls across military department and Defense Agency
cyber red teams.
(5) Any identified lessons learned that would affect
training or operational employment decisions relating to
cyber red teams.
SEC. 1705. MANAGEMENT OF DATA ASSETS BY CHIEF DIGITAL
OFFICER.
(a) In General.--The Secretary of Defense shall, acting
through the Chief Data and Artificial Intelligence Officer of
the Department of Defense (CDAO), provide data assets and
data analytics capabilities necessary for understanding the
global cyber-social terrain to support the planning and
execution of defensive and offensive information operations,
defensive and offensive cyber operations, indications and
warning of adversary military activities and operations, and
calibration of actions and reactions in great power
competition.
(b) Responsibilities of Chief Data and Artificial
Intelligence Officer.--The Chief Data and Artificial
Intelligence Officer shall--
(1) develop a baseline of data assets maintained by all
defense intelligence agencies, military departments,
combatant commands, and any other components of the
Department; and
(2) develop and oversee the implementation of plans to
enhance data assets that are essential to support the
purposes set forth in subsection (a).
(c) Other Matters.--The Chief Data and Artificial
Intelligence Officer shall--
(1) designate or establish one or more executive agents for
enhancing data assets and the acquisition of data analytic
tools for users;
(2) ensure that data assets in the possession of a
component of the Department are accessible for the purposes
described in subsection (a); and
(3) ensure that advanced analytics, including artificial
intelligence technology, are developed and applied to the
analysis of data assets in support of the purposes described
in subsection (a).
(d) Semiannual Briefings.--Not later than 120 days after
the date of the enactment of this Act and not less frequently
semiannually thereafter, the Chief Data and Artificial
Intelligence Officer shall provide the congressional defense
committees, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives a briefing on the implementation
of this section.
(e) Prior Approval Reprogramming.--After the date of the
enactment of this Act, the Secretary may transfer funds to
begin implementation of this section, subject to established
limitations and approval procedures.
SEC. 1706. AUTHORITY FOR COUNTERING ILLEGAL TRAFFICKING BY
MEXICAN TRANSNATIONAL CRIMINAL ORGANIZATIONS IN
CYBERSPACE.
(a) Authority.--
(1) In general.--In accordance with sections 124 and 394 of
title 10, United States Code, the Secretary of Defense may,
in coordination with other relevant Federal departments and
agencies and in consultation with the Government of Mexico as
appropriate, conduct detection, monitoring, and other
operations in cyberspace to counter Mexican transnational
criminal organizations that are engaged in any of the
following activities that cross the southern border of the
United States:
(A) Smuggling of illegal drugs, controlled substances, or
precursors thereof.
(B) Human trafficking.
(C) Weapons trafficking.
(D) Other illegal activities.
(2) Certain entities.--The authority provided by paragraph
(1) may be used to counter Mexican transnational criminal
organizations, including entities cited in the most recent
National Drug Threat Assessment published by the United
States Drug Enforcement Administration, that are engaged in
the activities described in (1).
(b) Cyber Strategy for Countering Illegal Trafficking by
Transnational Criminal Organizations Affecting the Security
of United States Southern Border.--
(1) Strategy required.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall, in
consultation with the National Cyber Director and the heads
of such other Federal departments and agencies as the
Secretary considers appropriate, submit to the appropriate
congressional committees a strategy for conducting operations
in cyberspace under subsection (a).
(2) Elements.--The strategy submitted pursuant to paragraph
(1) shall include the following:
(A) A description of the cyberspace presence and
activities, including any information operations, of the
entities described under subsection (a)(2) pose to the
national security of the United States.
(B) A description of any previous actions taken by the
Department of Defense to conduct operations in cyberspace to
counter illegal activities by transnational criminal
organizations, and a description of those actions.
(C) An assessment of the financial, technological, and
personnel resources that the Secretary can deploy to exercise
the authority provided in subsection (a) to counter illegal
trafficking by transnational criminal organizations.
(D) Recommendations, if any, for additional authorities as
may be required to enhance the exercise of the authority
provided in subsection (a).
(E) A description of the extent to which the Secretary has
worked, or intends to work, with the Government of Mexico,
interagency partners, and the private sector to enable
operations in cyberspace against illegal trafficking by
transnational criminal organizations.
(F) A description of the security cooperation programs in
effect on the day before the date of the enactment of this
Act that would enable the Secretary to cooperate with Mexican
defense partners against illegal trafficking by transnational
criminal organizations in cyberspace.
(G) An assessment of the potential risks associated with
cooperating with Mexican counterparts against transnational
criminal organizations in cyberspace and ways that those
risks can be mitigated, including in cooperation with Mexican
partners.
(H) A description of any cooperation agreements or
initiatives in effect on the day before the date of the
enactment of this Act with interagency partners and the
government of Mexico to counter transnational criminal
organizations in cyberspace.
(c) Quarterly Monitoring Briefing.--The Secretary shall, on
a quarterly basis in conjunction with the briefings required
by section 484 of title 10, United States Code, provide to
the appropriate congressional committees a briefing setting
forth, for the preceding calendar quarter, the following:
(1) Each country in which an operation was conducted under
subsection (a).
(2) The purpose and nature of each operation set forth
pursuant to paragraph (1).
(3) The start date and end date or expected duration of
each operation set forth pursuant to paragraph (1).
(4) The elements of the Department of Defense down to O-6
command level who conducted or are conducting the operations
set forth pursuant to paragraph (1).
(d) Rule of Construction.--Nothing in this section shall be
construed to supersede any standing prohibitions on
collection of information on United States persons.
[[Page S4024]]
SEC. 1707. PILOT PROGRAM FOR CYBERSECURITY COLLABORATION
CENTER INCLUSION OF SEMICONDUCTOR
MANUFACTURERS.
(a) Establishment of Pilot Program.--The Secretary of
Defense shall, in coordination with the Director of the
National Security Agency, establish a pilot program to assess
the feasibility and advisability of improving the
semiconductor manufacturing supply chain by enabling the
National Security Agency Cybersecurity Collaboration Center
to collaborate with semiconductor manufacturers in the United
States.
(b) Program Scope.--The pilot program established pursuant
to subsection (a) shall focus on improving the cybersecurity
of the supply chain for semiconductor design and
manufacturing, including the following:
(1) The cybersecurity of design and manufacturing
processes, as well as assembly, packaging, and testing.
(2) Protecting against cyber-driven intellectual property
theft.
(3) Reducing the risk of supply chain disruptions caused by
cyberattacks.
(c) Eligibility.--Persons who directly support the
manufacture, packaging, and assembly of semiconductors within
the United States and who provide semiconductor components
for the Department of Defense, national security systems (as
defined in section 3552(b) of title 44, United States Code),
or the defense industrial base are eligible to participate in
the pilot program.
(d) Briefings.--
(1) Initial.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall provide the
appropriate committees of Congress a briefing on the pilot
program required under subsection (a).
(B) Elements.--The briefing required under subparagraph (A)
shall include the following:
(i) The plans of the Secretary for the implementation of
the pilot program.
(ii) Identification of key priorities for the pilot
program.
(iii) Identification of any potential challenges in
standing up the pilot program or impediments to semiconductor
manufacturer or semiconductor component supplier
participation in the pilot program.
(2) Annual.--
(A) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter for the
duration of the pilot program required by subsection (a), the
Secretary shall provide the appropriate committees of
Congress a briefing on the progress of the pilot program.
(B) Elements.--Each briefing required under subparagraph
(A) shall include the following:
(i) Recommendations for addressing relevant policy,
budgetary, security, and legislative gaps to increase the
effectiveness of the pilot program. For the first annual
briefing, this shall include an assessment of the resources
necessary for the pilot to be successful.
(ii) Recommendations for increasing semiconductor
manufacturer or semiconductor component supplier
participation in the pilot program.
(iii) A description of the challenges encountered in
carrying out the pilot program, including any concerns
expressed by semiconductor manufacturers or semiconductor
component supplier.
(iv) The findings of the Secretary with respect to the
feasibility and advisability of extending or expanding the
pilot program.
(v) Such other matters as the Secretary considers
appropriate.
(e) Termination.--The pilot program required by subsection
(a) shall terminate on the date that is four years after the
date of the enactment of this Act.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1708. INDEPENDENT EVALUATION REGARDING POTENTIAL
ESTABLISHMENT OF UNITED STATES CYBER FORCE AND
FURTHER EVOLUTION OF CURRENT MODEL FOR
MANAGEMENT AND EXECUTION OF CYBER MISSION.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academy of Public
Administration (in this section referred to as the ``National
Academy'') for the National Academy to conduct the evaluation
under subsection (b) and submit the report under subsection
(e).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) by not later than 60
days after the date of the enactment of this Act.
(b) Evaluation.--
(1) In general.--Under an agreement between the Secretary
and the National Academy entered into pursuant to subsection
(a), the National Academy shall conduct an evaluation
regarding the advisability of--
(A) establishing a separate Armed Force dedicated to
operations in the cyber domain (in this section referred to
as the ``United States Cyber Force''); or
(B) refining and further evolving the current organization
approach, which is based on the Special Operations Command
model for United States Cyber Command.
(2) Scope.--The evaluation conducted pursuant to paragraph
(1) shall include consideration of--
(A) the potential establishment of a United States Cyber
Force as a separate Armed Force commensurate with the Army,
Navy, Marine Corps, Air Force, and Space Force, for the
purpose of organizing, training, and equipping the personnel
required to enable and conduct operations in the cyber domain
through positions aligned to the United States Cyber Command
and the other unified combatant commands;
(B) a United States Cyber Force able to devise and
implement recruiting and retention policies and standards
specific to the range of skills and career fields required to
enable and conduct cyberspace operations, as determined by
the United States Cyber Command and the other unified
combatant commands;
(C) the performance and efficacy of the Armed Forces to
date, and potential improvements thereto from extending the
model described in paragraph (1)(B), in satisfying the
requirements of the combatant commands to enable and conduct
operations in the cyber domain through positions aligned to
the United States Cyber Command and other unified combatant
commands, and any expected differences in that performance
based on the creation of a United States Cyber Force as
compared to evolutionary modifications to the current model;
(D) the performance and efficacy of the Armed Forces to
date, and potential improvements thereto from extending the
model described in paragraph (1)(B), in devising and
implementing recruitment and retention policies specific to
the range of skills and career fields required to enable and
conduct cyberspace operations, as determined by the United
States Cyber Command and the other unified combatant
commands, and any expected differences in that performance
based on the creation of a United States Cyber Force as
compared to evolutionary modifications to the current model;
(E) potential and recommended delineations of
responsibility between the other Armed Forces and a United
States Cyber Force and an enhanced model described in
paragraph (1)(B) with respect to network management,
resourcing, and operations;
(F) potential and recommended delineations of
responsibility between the other Armed Forces and a United
States Cyber Force and an enhancement of the model described
in paragraph (1)(B) for United States Cyber Command with
respect to organizing, training, and equipping members of the
Cyberspace Operations Forces, not serving in positions
aligned under the Cyber Mission Force, to the extent
necessary to support network management and operations;
(G) views and perspectives of members of the Armed Forces,
in each grade, serving in the Cyber Mission Force with
experience in operational work roles (as defined by the
Commander of the United States Cyber Command), and military
and civilian leaders across the Department regarding the
establishment of a Cyber Force and a further evolution of the
model described in paragraph (1)(B) for United States Cyber
Command;
(H) the extent to which each of the other Armed Forces is
formed towards, and organized around, operations within a
given warfighting domain, and the potential applicability of
such formation and organizing constructs to a United States
Cyber Force with respect to the cyber domain;
(I) findings from previous relevant assessments, analyses,
and studies conducted by the Secretary, the Comptroller
General of the United States, or other entities determined
relevant by the National Academy on the establishment of a
United States Cyber Force and a further evolution of the
model described in paragraph (1)(B) for United States Cyber
Command;
(J) the organizing constructs for effective and
operationally mature cyber forces of foreign countries and
the relevance of such constructs to the potential creation of
a United States Cyber Force and a further evolution of the
model described in paragraph (1)(B) for United States Cyber
Command;
(K) lessons learned from the creation of the United States
Space Force that should be applied to the creation of a
United States Cyber Force;
(L) recommendations for approaches to the creation of a
United States Cyber Force and the further evolution of the
model described in paragraph (1)(B) for United States Cyber
Command that would minimize disruptions to Department of
Defense cyber operations;
(M) the histories of the Armed Forces, including an
analysis of the conditions that preceded the establishment of
each new Armed Force established since 1900; and
(N) a comparison between the potential service secretariat
leadership structures for a United States Cyber Force and the
further evolution of the model described in paragraph (1) for
United States Cyber Command, including establishing the
United States Cyber Force within an existing military
department, standing up a new military department, and
evolving the service secretary-like function of the Principal
Cyber Advisor in the Office of the Under Secretary of Defense
for Policy.
(3) Considerations.--The evaluation conducted pursuant to
paragraph (1) shall include an evaluation of how a potential
United States Cyber Force dedicated to the cyber domain would
compare in performance and efficacy to the current model and
a further evolution of the model described in paragraph
(1)(B) for United States Cyber
[[Page S4025]]
Command, with respect to the following functions and
potential objective end states, as well as an evaluation of
the importance of the functions and potential end states:
(A) Organizing, training, and equipping the size of a force
necessary to satisfy existing and projected requirements of
the Department of Defense.
(B) Harmonizing training requirements and programs in
support of cyberspace operations.
(C) Recruiting and retaining qualified officers and
enlisted members of the Armed Forces at the levels necessary
to execute cyberspace operations.
(D) Using reserve component forces in support of cyberspace
operations.
(E) Sustaining persistent force readiness.
(F) Generating foundational intelligence in support of
cyberspace operations.
(G) Acquiring and providing cyber capabilities in support
of cyberspace operations.
(H) Establishing pay parity among members of the Armed
Forces serving in and qualified for work roles in support of
cyberspace operations.
(I) Establishing pay parity among civilians serving in and
qualified for work roles in support of cyberspace operations.
(J) Establishing advancement parity for members of the
Armed Forces serving in and qualified for work roles in
support of cyberspace operations.
(K) Establishing advancement parity for civilians serving
in and qualified for work roles in support of cyberspace
operations.
(L) Developing professional military education content and
curricula focused on the cyber domain.
(c) Support From Federally Funded Research and Development
Center.--
(1) In general.--Upon a request from the National Academy,
the Secretary shall seek to enter into an agreement with a
federally funded research and development center described in
paragraph (2) under which such federally funded research and
development center shall support the National Academy in
conducting the evaluation under subsection (b).
(2) Federally funded research and development center
described.--A federally funded research and development
center described in this paragraph is a federally funded
research and development center the staff of which includes
subject matter experts with appropriate security clearances
and expertise in--
(A) cyber warfare;
(B) personnel management;
(C) military training processes; and
(D) acquisition management.
(d) Access to Department of Defense Personnel, Information,
and Resources.--Under an agreement entered into between the
Secretary and the National Academies under subsection (a)--
(1) the Secretary shall agree to provide to the National
Academy access to such personnel, information, and resources
of the Department of Defense as may be determined necessary
by the National Academy in furtherance of the conduct of the
evaluation under subsection (b); and
(2) if the Secretary does not provide such access, or any
other major obstacle to such access occurs, the National
Academy shall agree to notify the congressional defense
committees not later than seven days after the date of such
refusal or other occurrence.
(e) Report.--
(1) Submission to congress.--Under an agreement entered
into between the Secretary and the National Academy under
subsection (a), the National Academy shall submit to the
congressional defense committees a report containing the
findings of the National Academy with respect to the
evaluation under subsection (b) not later than 210 days after
the date of the execution of the agreement.
(2) Prohibition against interference.--No personnel of the
Department of Defense, nor any other officer or employee of
the United States Government, may interfere, exert undue
influence, or in any way seek to alter the findings of the
National Academy specified in paragraph (1) prior to the
submission thereof under such paragraph.
(3) Form.--The report under paragraph (1) shall be
submitted in an unclassified form, but may include a
classified annex.
Subtitle B--Matters Relating to Department of Defense Cybersecurity and
Information Technology
SEC. 1711. REQUIREMENTS FOR DEPLOYMENT OF FIFTH GENERATION
INFORMATION AND COMMUNICATIONS CAPABILITIES TO
DEPARTMENT OF DEFENSE BASES AND FACILITIES.
(a) In General.--The Secretary of Defense shall--
(1) develop and implement a strategy for deploying private
networks, based on fifth generation information and
communications capabilities (5G) and Open Radio Access
Network (ORAN) architecture, to military bases and facilities
that are tailored to the specific mission, security, and
performance requirements of those bases and facilities;
(2) create a common, transparent, and streamlined process
for enabling public network service providers of fifth
generation information and communications capabilities to
gain access to military bases and facilities to provide
commercial subscriber services to government and contractor
personnel and organizations located on those bases and
facilities; and
(3) decide, on a case-by-case basis or as a common
requirement, whether to contract for--
(A) neutral hosting, whereby infrastructure and services
will be provided to companies deploying private networks and
public network services through Multi-Operator Core Network
architectures; or
(B) separate private network and public network
infrastructure.
(b) International Cooperation Activities.--The Secretary
may engage in cooperation activities with foreign allies and
partners of the United States, using an authority provided by
another provision of law, to inform the efficient and
effective deployment of Open Radio Access Network
architecture and to implement the strategy required under
subsection (a)(1).
(c) Due Date for Strategy and Briefing.--
(1) Strategy.--The Secretary shall develop the strategy
required in subsection (a)(1) not later than 120 days after
the date of the enactment of this Act.
(2) Briefing.--Not later than 150 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the strategy
developed under paragraph (1) of subsection (a) and the
activities of the Secretary under such subsection.
(d) Definition of Open Radio Access Network.--The term
``Open Radio Access Network'' means a network architecture
that is modular, uses open interfaces, and virtualizes
functionality on commodity hardware through software.
SEC. 1712. DEPARTMENT OF DEFENSE INFORMATION NETWORK BOUNDARY
AND CROSS-DOMAIN DEFENSE.
(a) Modernization Program Required.--The Secretary of
Defense shall carry out a modernization program for network
boundary and cross-domain defense against cyber attacks,
expanding upon the fiscal year 2023 pilot program and initial
deployment to the primary Department of Defense internet
access points (IAPs) managed by the Defense Information
Systems Agency (DISA).
(b) Program Phases.--
(1) In general.--The modernization program required by
subsection (a) shall be implemented in phases, with the
objective of completing the program by October 1, 2028.
(2) Objectives.--The phases required by paragraph (1) shall
include the following objectives:
(A) By the end of fiscal year 2026, completion of--
(i) a pilot of modernized boundary defense capabilities and
initial and full deployment of the capabilities to internet
access points managed by the Defense Information Systems
Agency; and
(ii) the extension of modernized boundary defense
capabilities to all additional internet access points of the
Department of Defense information network (DODIN).
(B) By the end of fiscal year 2027, survey, pilot, and
deploy modernized boundary defense capabilities to the access
points and cross-domain capabilities of the Secret Internet
Protocol Network.
(C) By the end of fiscal year 2028, survey, pilot, and
deploy modernized boundary defense capabilities to remaining
classified networks and enclaves of the Department
information network.
(c) Briefing Required.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall
provide the congressional defense committees a briefing on--
(1) the findings of the Secretary with respect to the pilot
and initial deployment under subsection (b)(2)(A)(i); and
(2) the plans of the Secretary for the phased deployment to
other internet access points and classified networks pursuant
to subsection (b).
SEC. 1713. POLICY AND GUIDANCE ON MEMORY-SAFE SOFTWARE
PROGRAMMING.
(a) Policy and Guidance.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall develop a Department of Defense-wide policy and
guidance in the form of a directive memorandum to implement
the recommendations of the National Security Agency contained
in the Software Memory Safety Cybersecurity Information Sheet
published by the Agency in November, 2022, regarding memory-
safe software programming languages and testing to identify
memory-related vulnerabilities in software developed,
acquired by, and used by the Department of Defense.
(b) Requirements.--The policy required in subsection (a)
shall--
(1) establish the conditions and associated approval
processes under which a component of the Department may--
(A) contract for the development of custom software that
includes open source and reused software written in
programming languages that are not classified as memory-safe
by the Agency;
(B) acquire commercial software items that use programming
languages that are not classified as memory-safe by the
Agency;
(C) contract for software-as-a-service where the contractor
uses programming languages that are not classified as memory-
safe by the Agency; and
(D) develop software in Federal Government-owned software
factories programming languages that are not classified as
memory-safe by the Agency; and
(2) establish requirements and processes for employing
static and dynamic application security testing that can
identify memory-use issues and vulnerabilities and resolve
them for software contracted for, developed, or acquired as
described in paragraph (1).
(c) Briefing Required.--Not later than 300 days after the
date of the enactment of this
[[Page S4026]]
Act, the Secretary shall provide the congressional defense
committees a briefing on the policy and guidance developed
under subsection (a).
SEC. 1714. DEVELOPMENT OF REGIONAL CYBERSECURITY STRATEGIES.
(a) Development of Strategies Required.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Defense shall, in coordination with the
Commander of United States Cyber Command and each commander
of a geographic combatant command, develop, for each
geographic combatant command, a regional cybersecurity
strategy to support the operations of such command.
(b) Elements.--Each regional cybersecurity strategy
developed under subsection (a) for a geographic combatant
command shall include the following:
(1) A description or an outline of methods to identify both
nation-state and non-state cyber threat actors.
(2) Processes to enhance the targeting, intelligence, and
cyber capabilities of the combatant command.
(3) Plans to increase the number of cyber planners embedded
in the combatant command.
(4) Processes to integrate cyber forces into other warfare
domains.
(5) A plan to assist, train, advise, and participate in
cyber capacity building with international partners.
(6) A prioritization of cyber risks and vulnerabilities
within the geographic region.
(7) Processes to coordinate cyber activities with
interagency partners with activities in the geographic
region.
(8) Specific plans to assist in the defense of foreign
infrastructure that is critical to the national security
interests of the United States.
(9) Means by which the Cybersecurity and Infrastructure
Security Agency will be integrated into each strategy.
SEC. 1715. CYBER INCIDENT REPORTING.
(a) Cyber Incident Reporting Requirement.--
(1) Department governance.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall, in consultation with the Chief Information
Officer of the Department of Defense, the Commander of United
States Cyber Command, and the Commander of the Joint Force
Headquarters Department of Defense Information Network--
(A) assign responsibility to the Commander of the Joint
Force Headquarters Department of Defense Information Network
to oversee cyber incident reporting and notification of cyber
incidents to Department leadership;
(B) align policy and system requirements to enable the
Department to have enterprise-wide visibility of cyber
incident reporting to support rapid and appropriate response;
and
(C) distribute new guidance to Department personnel on
cyber incident reporting, which shall include detailed
procedures for identifying, reporting, and notifying
Department leadership of critical cyber incidents.
(2) Defense industrial base.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
ensure that the Chief Information Officer determines what
actions need to be taken to encourage more complete and
timely mandatory cyber incident reporting from persons in the
defense industrial base.
(3) Data breach notification.--The Secretary shall ensure
that components of the Department document instances in which
Department personnel affected by a privacy data breach are
notified of the breach within 72 hours of the discovery of
the breach.
(b) Assessment on Establishing Office of Cyber
Statistics.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
complete an assessment of the feasibility and suitability of
establishing, and resourcing required to establish, an office
of cyber statistics to track cyber incidents and measure the
response time of defense agencies and the military
departments to address cyber threats, risks, and
vulnerabilities.
(2) Elements.--The assessment required under paragraph (1)
shall include an evaluation of the feasibility, suitability,
and resourcing required for defense agencies and the military
departments--
(A) to collect data on the amount of time it takes to
detect a cyber incident;
(B) to respond to a cyber incident;
(C) to fully mitigate the risk of high-impact cyber
vulnerabilities;
(D) to recover data following a malicious cyber intrusion;
and
(E) to collect such other metrics as the Secretary
determines would help improve cyber incident reporting
practices.
SEC. 1716. MANAGEMENT BY DEPARTMENT OF DEFENSE OF MOBILE
APPLICATIONS.
(a) Implementation of Recommendations.--
(1) In general.--The Secretary of Defense shall evaluate
and implement to the maximum practicable extent the
recommendations of the Inspector General of the Department of
Defense with respect to managing mobile applications
contained in the report set forth by the Inspector General
dated February 9, 2023, and entitled ``Management Advisory:
The DoD's Use of Mobile Applications'' (Report No. DODIG-
2023-041).
(2) Deadline.--The Secretary shall implement the
recommendations specified in subsection (a) by not later than
one year after the date of the enactment of this Act, unless
the Secretary notifies the congressional defense committees
in writing of specific recommendations that the Secretary
chooses not to implement or to implement after the date that
is one year after the date of the enactment of this Act.
(b) Briefing on Requirements Related to Covered
Applications.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall brief the
congressional defense committees on actions taken by the
Secretary to enforce compliance with existing policy of the
Department of Defense that prohibits--
(A) the installation and use of covered applications on
Federal Government devices; and
(B) the use of covered applications on the Department of
Defense Information Network on personal devices.
(2) Covered applications defined.--In this subsection, the
term ``covered applications'' means the social networking
service TikTok or any successor application or service
developed or provided by ByteDance Limited or an entity owned
by ByteDance Limited.
SEC. 1717. SECURITY ENHANCEMENTS FOR THE NUCLEAR COMMAND,
CONTROL, AND COMMUNICATIONS NETWORK.
(a) Required Establishment of Cross-functional Team.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a cross-functional team, in accordance with section
911(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 111 note), to
develop and direct the implementation of a threat-driven
cyber defense construct for systems and networks that support
the nuclear command, control, and communications (commonly
referred to as ``NC3'') mission.
(2) Participation in the cross-functional team.--The
Secretary shall ensure that each of the military departments,
the Defense Information Systems Agency, the National Security
Agency, United States Cyber Command, and the Nuclear Command,
Control, and Communications Enterprise Center of United
States Strategic Command provide staff for the cross-
functional team.
(3) Scope.--The cross-functional team shall work to enhance
the cyber defense of the nuclear command, control, and
communications network during the period beginning on the
date of the enactment of this Act and ending on October 31,
2028, or a subsequent date as the Secretary may determine.
(b) Required Construct and Plan of Action and Milestones.--
Not later than one year after the date of the enactment of
this Act, the head of the cross-functional team established
pursuant to subsection (a)(1) shall develop a cyber defense
construct and associated plans of actions and milestones to
enhance the security of the systems and networks that support
the nuclear command, control, and communications mission that
are based on--
(1) the application of the principles of the Zero Trust
Architecture approach to security;
(2) analysis of appropriately comprehensive endpoint and
network telemetry data; and
(3) control capabilities enabling rapid investigation and
remediation of indicators of compromise and threats to
mission execution.
(c) Annual Briefings.--During the 60-day period beginning
on the date that is 30 days before the date on which the
President submits to Congress the budget of the President for
fiscal year 2025 pursuant to section 1105(a) of title 31,
United States Code, and for each of fiscal years 2026 through
2028, the Secretary shall provide the congressional defense
committees a briefing on the implementation of this section.
SEC. 1718. GUIDANCE REGARDING SECURING LABORATORIES OF THE
ARMED FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Chief Information Officer of the
Department of Defense, the Chief Digital and Artificial
Intelligence Officer of the Department, the Under Secretary
of Defense for Research and Engineering, and the Under
Secretary of Defense for Intelligence and Security, issue
guidance throughout the Department regarding methods and
processes to secure laboratories of the Armed Forces from--
(1) unauthorized access and intrusion;
(2) damage to, and destruction, manipulation, or theft of,
physical and digital laboratory assets;
(3) accidental or intentional release or disclosure of
sensitive information; and
(4) cyber sabotage.
(b) Methods and Processes.--At a minimum, the methods and
processes required under subsection (a) shall include
guidance to--
(1) secure laboratory operations through zero trust
principles;
(2) control access of devices to laboratory information
networks;
(3) secure inventory management processes;
(4) control or limit access to laboratories of the Armed
Forces to authorized individuals;
(5) maintain the security and integrity of data libraries,
repositories, and other digital assets;
[[Page S4027]]
(6) report and remediate cyber incidents or other
unauthorized intrusions;
(7) train and educate personnel of the Department on
laboratory security;
(8) develop an operations security (OPSEC) plan to secure
laboratory operations that can be used to implement the
appropriate countermeasures given the mission, assessed risk,
and resources available to the unit and provides guidelines
for implementation of routine procedures and measures to be
employed during daily operations or activities of the unit;
and
(9) develop and train applicable units on individualized
secure laboratory critical information and indicator lists to
aid in protecting critical information about Department
activities, intentions, capabilities, or limitations that an
adversary seeks to gain a military, political, diplomatic,
economic, or technological advantage.
SEC. 1719. ESTABLISHING IDENTITY, CREDENTIAL, AND ACCESS
MANAGEMENT INITIATIVE AS A PROGRAM OF RECORD.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish the Identity, Credential, and Access Management
(ICAM) initiative as a program of record subject to milestone
reviews, compliance with requirements, and operational
testing.
(b) Elements.--The program of record established pursuant
to subsection (a) shall encompass, at a minimum, the
following:
(1) Correcting the authentication and credentialing
security weaknesses, including in the Public Key
Infrastructure program, identified by the Director of
Operational Test and Evaluation in a report submitted to
Congress in April, 2023, entitled ``FY14-21 Observations of
the Compromise of Cyber Credentials''.
(2) Implementing improved authentication technologies, such
as biometric and behavioral authentication techniques and
other non-password-based solutions.
(c) Briefing.--Not later than 150 days after the date of
the enactment of this Act, the Secretary shall provide the
congressional defense committees a briefing on the parameters
of the program of record established pursuant to subsection
(a).
SEC. 1720. STRATEGY ON CYBERSECURITY RESILIENCY OF DEPARTMENT
OF DEFENSE SPACE ENTERPRISE.
(a) Strategy.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Chief Information Officer of the
Department of Defense, the Commander of United States Cyber
Command, the Secretary of the Air Force, and the Commander of
United States Space Command, develop and commence
implementation of a Department-wide strategy regarding cyber
protection activities for the Department of Defense space
enterprise.
(b) Elements.--The strategy developed and implemented
pursuant to subsection (a) shall, at a minimum, address the
following elements:
(1) The coordination and synchronization of cyber
protection activities across combatant commands, the military
departments, and defense agencies.
(2) The adoption and implementation of zero trust
architecture on legacy and new space-based systems.
(3) How the Department will prioritize the mitigation of
known cyber risks and vulnerabilities to legacy and new
space-based systems.
(4) How the Department will accelerate the development of
capabilities to protect space-based systems from cyber
threats.
(c) Briefing.--Not later than 150 days after the date of
the enactment of this Act, the Secretary shall provide the
congressional defense committees a briefing on the strategy
developed and implemented pursuant to subsection (a).
SEC. 1721. REQUIREMENTS FOR IMPLEMENTATION OF USER ACTIVITY
MONITORING FOR CLEARED PERSONNEL AND
OPERATIONAL AND INFORMATION TECHNOLOGY
ADMINISTRATORS AND OTHER PRIVILEGED USERS.
(a) In General.--The Secretary of Defense shall require
each head of a component of the Department of Defense to
fully implement directives, policies, and program
requirements for user activity monitoring and least privilege
access controls for Federal Government and contractor
personnel granted access to classified information and
classified networks.
(b) Specific User Activity Control Requirements.--The
Secretary shall require each head of a Department component
to fully implement the detection, collection, and auditing of
the following:
(1) Sent and received emails, including sent attachments
and emails sent outside of Federal Government domains.
(2) Screen captures and print jobs, with focused attention
on unusual volumes and times.
(3) Accesses to World Wide Web Uniform Resource Locators
and uploads and downloads involving nongovernment domains.
(4) All instances in which a user creates, copies, moves
to, or renames a file on removable media.
(5) Secure file transfers, including on nonstandard ports.
(6) Keystrokes.
(7) Unauthorized research on user activity monitoring
agents and techniques to disable user activity monitoring
agents.
(8) Attempts to clear event logs on devices.
(9) Unauthorized applications being installed or run on an
endpoint.
(10) Installation and use of mounted drives, including
serial numbers of such drives.
(11) Initiation and control of an interactive session on a
remote computer or virtual machine.
(12) Instances where monitored users are denied access to a
network location or resource.
(13) Users uploading to or downloading from cloud services.
(14) Administrative actions by privileged users, including
remote and after-hour administrative actions, as well as
document viewing, copy and paste activity, and file copying
to new locations.
(c) Additional Requirements.--The Secretary shall require
each head of a Department component to implement the
following:
(1) Automated controls to prohibit privileged user accounts
from performing general user activities not requiring
privileged access.
(2) Two-person control whereby privileged users attempt to
initiate data transfers from a classified domain and
removable media-based data transfer activities on classified
networks.
(d) Establishing User Activity Monitoring Behavior
Thresholds.--
(1) In general.--The Secretary shall require each head of a
Department component to implement standard triggers, alerts,
and controls developed by the Under Secretary of Defense for
Intelligence and Security based on insider threat behavior
models approved by the Under Secretary.
(2) Approval of deviations.--A head of a Department
component that seeks to adopt a practice pursuant to
paragraph (1) that deviates from standard triggers, alerts,
and controls described in such paragraph by being less
stringent shall submit to the Under Secretary a request for
approval for such deviation along with a written
justification for such deviation.
(e) Periodic Testing.--The Secretary shall require each
head of a Department component, not less frequently than once
every two years--
(1) to conduct insider threat testing using threat-
realistic tactics, techniques, and procedures; and
(2) to submit to the Under Secretary and the Director of
Operational Test and Evaluation a report on the findings of
the head with respect to the testing conducted pursuant to
paragraph (1).
(f) Periodic Reviews and Updates.--The Secretary shall
review and update the standard set of triggers, alerts, and
controls described in subsection (d)(1) at least once every
three years to account for new technology, new insider threat
behaviors, and the results of testing conducted pursuant to
subsection (e)(1).
(g) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Armed Services and the Select Committee on
Intelligence of the Senate and the Committee on Armed
Services and the Permanent Select Committee on Intelligence
of the House of Representatives a report on the
implementation of the requirements of this section.
(h) Definition of Triggers.--In this section, the term
``trigger'' means a set of logic statements applied to a data
stream that produces an alert when an anomalous incident or
behavior occurs.
SEC. 1722. DEPARTMENT OF DEFENSE DIGITAL CONTENT PROVENANCE.
(a) Briefing.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Defense Media
Activity (DMA) shall provide a to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing on developing a
course of education at the Defense Information School
(DINFOS) to teach the practical concepts and skills needed by
Department of Defense public affairs, audiovisual, visual
information, and records management specialists.
(2) Elements.--The briefing provided pursuant to paragraph
(1) shall cover the following:
(A) The expertise and qualifications of the Department
personnel who will be responsible for teaching the proposed
course of education.
(B) The list of sources that will be consulted and used to
develop the proposed curriculum for the course of education.
(C) A description of the industry open technical standards
under subsection (b)(1)(C).
(D) The status of the implementation of the course of
education.
(b) Course of Education Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director of the Defense Media
Activity shall establish a course of education at the Defense
Information School to teach the practical concepts and skills
needed by public affairs, audiovisual, visual information,
and records management specialists to understand the
following:
(A) Digital content provenance for applicable Department
media content.
(B) The challenges posed to Department missions and
operations by a digital content forgery.
(C) How existing industry open technical standards may be
used to authenticate the digital content provenance of
applicable Department media content.
[[Page S4028]]
(2) Matters covered.--The course of education established
pursuant to paragraph (1) shall cover the following:
(A) The challenges to Department missions and operations
posed by a digital content forgery.
(B) The development of industry open technical standards
for verifying the digital content provenance of applicable
Department media content.
(C) Hands-on training techniques for capturing secure and
authenticated digital content for documenting and
communicating Department themes and messages.
(D) Training for completing post-production tasks by using
industry open technical standards for digital content
provenance and transmitting applicable Department media
content in both operational and nonoperational environments.
(E) Such other matters as the Director considers
appropriate.
(3) Report.--Not later than one year after the date of the
establishment of the course required in paragraph (1), the
Director shall provide the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the following:
(A) The status of the development of a curriculum to carry
out the course of education required by paragraph (1).
(B) The implementation plan of the Director for such course
of education, including the following:
(i) The expertise and qualifications of the Department
personnel responsible for teaching the course of education.
(ii) The list of sources consulted and used to develop the
curriculum for the course of education.
(iii) A description of the industry open technical
standards under subsection (b)(1)(C).
(iv) The status of the implementation of the course of
education.
(C) The resources available to the Director to carry out
this subsection and whether the Director requires any
additional resources to carry out this subsection.
(c) Pilot Program on Implementing Digital Content
Provenance Standards.--
(1) Pilot program required.--Not later than one year after
the date of the enactment of this Act, the Director shall
commence a pilot program to assess the feasibility and
advisability of implementing industry open technical
standards for digital content provenance for official
Department photographic and video visual documentation that
is publicly released by the Defense Visual Information
Distribution Service (DVIDS) and other distribution
platforms, systems, and services used by the Department.
(2) Elements.--In carrying out the pilot program required
by paragraph (1), the Director shall--
(A) establish a process for using industry open technical
standards for verifying the digital content provenance of
applicable Department media content;
(B) apply technology solutions on photographs and videos of
the Department publicly released after the date of the
enactment of this section, that comport with industry open
technical standard for digital content provenance;
(C) assess the feasibility and advisability of applying an
industry open technical standard for digital content
provenance on historical visual information records of the
Department stored at the Defense Visual Information Records
Center; and
(D) develop and apply measure of effectiveness for the
execution of the pilot program.
(3) Consultation.--In carrying out the pilot program
required by paragraph (1), the Director may consult with
federally funded research and development centers, private
industry, academia, and such others as the Director considers
appropriate.
(4) Termination.--The pilot program carried out pursuant to
paragraph (1) shall terminate on January 1, 2027.
(5) Report.--
(A) In general.--Not later than January 1, 2026, the
Director shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the pilot program.
(B) Contents.--The report submitted pursuant to
subparagraph (A) shall include the following:
(i) The findings of the Director with respect to the pilot
program.
(ii) The names of all entities the Director consulted with
in carrying out the pilot program as authorized under
paragraph (3).
(iii) Assessment of the effectiveness of the pilot.
(iv) A recommendation as to whether the pilot program
should be made permanent.
(d) Definitions.--In this section:
(1) The term ``applicable Department media content'' means
the media holdings generated, stored, or controlled by the
Defense Media Activity.
(2) The term ``digital content forgery'' means the use of
emerging technologies, including artificial intelligence and
machine learning techniques to fabricate or manipulate audio,
visual, or text content with the intent to mislead.
(3) The term ``digital content provenance'' means the
verifiable chronology of the origin and history of a piece of
digital content, such as an image, video, audio recording, or
electronic document.
SEC. 1723. POST-GRADUATE EMPLOYMENT OF CYBER SERVICE ACADEMY
SCHOLARSHIP RECIPIENTS IN INTELLIGENCE
COMMUNITY.
Section 1535 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263;
10 U.S.C. 2200 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, the heads of the
elements of the intelligence community,'' after ``the
Secretary of Homeland Security''; and
(B) in paragraph (3), by striking ``Department of Defense
Cyber and Digital Service Academy'' and inserting ``Cyber
Service Academy''; and
(2) in subsection (d), by inserting ``or an element of the
intelligence community'' after ``missions of the
Department'';
(3) in subsection (e)--
(A) by striking ``Secretary'' each place it appears and
inserting ``head concerned''; and
(B) by inserting ``, or within an element of the
intelligence community, as the case may be'' after ``United
States Code'';
(4) in subsections (h), (j), and (k), by striking
``Secretary'' each place it appears and inserting ``head
concerned''; and
(5) by adding at the end of the following new subsections:
``(p) Interagency Considerations.--
``(1) In general.--The Secretary of Defense shall enter
into an agreement with the head of an element of the
intelligence community to allow a scholarship recipient to
satisfy the recipient's post-award employment obligations
under this section by working for an element of the
intelligence community that is not part of the Department of
Defense if the head of that element agrees to reimburse the
Department of Defense for the scholarship program costs
associated with that scholarship recipient.
``(2) Limitations.--(A) A scholarship recipient may not
serve the recipient's post-award employment obligation under
this section at an element of the intelligence community that
is not part of the Department of Defense before an agreement
under paragraph (1) is reached.
``(B) Not more than 10 percent of scholarship recipients in
each class may be placed in positions outside the Department
of Defense unless the Secretary certifies that the Department
of Defense cannot facilitate a placement within the
Department of Defense.
``(q) Definitions.--In this section:
``(1) The term `head concerned' means--
``(A) The Secretary of Defense, with respect to matters
concerning the Department of Defense; or
``(B) the head of an element of the intelligence community,
with respect to matters concerning that element.
``(2) The term `intelligence community' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''.
SEC. 1724. MINIMUM NUMBER OF SCHOLARSHIPS TO BE AWARDED
ANNUALLY THROUGH CYBER SERVICE ACADEMY.
Section 1535(c) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263;
10 U.S.C. 2200 note) is amended by adding at the end the
following new paragraph:
``(5) Minimum number of scholarship awards.--
``(A) In general.--The Secretary of Defense shall award not
fewer than 1,000 scholarships through the Program in fiscal
year 2026 and in each fiscal year thereafter.
``(B) Waiver.--The Secretary of Defense may award fewer
than the number of scholarships required under subparagraph
(A) in a fiscal year if the Secretary determines and notifies
the congressional defense committees that fewer scholarships
are necessary to address workforce needs.''.
SEC. 1725. CONTROL AND MANAGEMENT OF DEPARTMENT OF DEFENSE
DATA AND ESTABLISHMENT OF CHIEF DIGITAL AND
ARTIFICIAL INTELLIGENCE OFFICER GOVERNING
COUNCIL.
(a) Control and Management of Department of Defense Data.--
The Chief Digital and Artificial Intelligence Officer of the
Department of Defense shall maintain the authority, but not
the requirement, to access and control, on behalf of the
Secretary of Defense, of all data collected, acquired,
accessed, or utilized by Department of Defense components
consistent with section 1513 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263; 10 U.S.C. 4001 note).
(b) Chief Digital and Artificial Intelligence Officer
Governing Council.--Paragraph (3) of section 238(d) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061) is
amended to read as follows:
``(3) Chief digital and artificial intelligence officer
governing council.--
``(A) Establishment.--(i) The Secretary shall establish a
council to provide policy oversight to ensure the
responsible, coordinated, and ethical employment of data and
artificial intelligence capabilities across Department of
Defense missions and operations.
``(ii) The council established pursuant to clause (i) shall
be known as the `Chief Digital and Artificial Intelligence
Officer Governing Council' (in this paragraph the `Council').
``(B) Membership.--The Council shall be composed of the
following:
``(i) Joint Staff J-6.
``(ii) The Under Secretary of Defense for Acquisition and
Sustainment.
[[Page S4029]]
``(iii) The Under Secretary of Defense for Research and
Evaluation.
``(iv) The Under Secretary of Defense for Intelligence and
Security.
``(v) The Under Secretary of Defense for Policy.
``(vi) The Director of Cost Analysis and Program
Evaluation.
``(vii) The Chief Information Officer of the Department.
``(viii) The Director of Administration and Management.
``(ix) The service acquisition executives of each of the
military departments.
``(C) Head of council.--The Council shall be headed by the
Chief Digital and Artificial Intelligence Officer of the
Department.
``(D) Meetings.--The Council shall meet not less frequently
than twice each fiscal year.
``(E) Duties of council.--The duties of the Council are as
follows:
``(i) To streamline the organizational structure of the
Department as it relates to artificial intelligence
development, implementation, and oversight.
``(ii) To improve coordination on artificial intelligence
governance with the defense industry sector.
``(iii) To establish and oversee artificial intelligence
guidance on ethical requirements and protections for usage of
artificial intelligence supported by Department funding and
reduces or mitigates instances of unintended bias in
artificial intelligence algorithms.
``(iv) To identify, monitor, and periodically update
appropriate recommendations for operational usage of
artificial intelligence.
``(v) To review, as the head of the Council considers
necessary, artificial intelligence program funding to ensure
that any Department investment in an artificial intelligence
tool, system, or algorithm adheres to all Department
established policy related to artificial intelligence.
``(vi) To provide periodic status updates on the efforts of
the Department to develop and implement artificial
intelligence into existing Department programs and processes.
``(vii) To provide guidance on access and distribution
restrictions relating to data, models, tool sets, or testing
or validation infrastructure.
``(viii) to implement and oversee a data and artificial
intelligence educational program for the purpose of
familiarizing the Department at all levels on the
applications of artificial intelligence in their operations.
``(ix) To implement and oversee a data decree scorecard.
``(x) Such other duties as the Council determines
appropriate.
``(F) Periodic reports.--Not later than 180 days after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2024 and not less frequently than once
every 18 months thereafter, the Council shall submit to the
Secretary and the congressional defense committees a report
on the activities of the Council during the period covered by
the report.''.
SEC. 1726. REQUIREMENT TO SUPPORT FOR CYBER EDUCATION AND
WORKFORCE DEVELOPMENT AT INSTITUTIONS OF HIGHER
LEARNING.
(a) Authority.--The Secretary of Defense shall support the
development of foundational expertise in critical cyber
operational skills at institutions of higher learning,
selected by the Secretary under subsection (b), for current
and future members of the Armed Forces and civilian employees
of the Department of Defense.
(b) Selection.--The Secretary shall select institutions of
higher learning to receive support under subsection (a) from
among institutions of higher learning that meet the following
eligibility criteria:
(1) The institution offers a program from beginning through
advanced skill levels to provide future military and civilian
leaders of the Armed Forces with operational cyber expertise.
(2) The institution includes instruction and practical
experiences that lead to recognized certifications and
degrees in the cyber field.
(3) The institution has and maintains an educational
partnership with an active component of the Armed Forces or a
Department component designed to facilitate the development
of critical cyber skills for students who may pursue a
military career.
(4) The institution is located in close proximity to a
military installation with a cyber mission defined by the
Department or the Armed Forces.
(c) Support.--Under subsection (a), the Secretary shall
provide, at a minimum, to each institution of higher learning
selected by the Secretary under subsection (b) the following
support for civilian and military leaders of the Department
transitioning into cyber fields at the Department:
(1) Expansion of cyber educational programs focused on
enhancing such transition.
(2) Hands-on cyber opportunities, including laboratories
and security operations centers.
(3) Direct financial assistance to civilian and military
students at the Department to increase access to courses and
hands-on opportunities under paragraphs (1) and (2).
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
fiscal year 2024.
SEC. 1727. IMPROVEMENTS RELATING TO CYBER PROTECTION SUPPORT
FOR DEPARTMENT OF DEFENSE PERSONNEL IN
POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.
Section 1645 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2224 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``and personal accounts'' after ``personal
technology devices''; and
(ii) by inserting ``and shall provide such support to any
such personnel who request the support'' after ``in paragraph
(2)''; and
(B) in paragraph (2)(B), by inserting ``or personal
accounts'' after ``personal technology devices'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``or personal accounts''
after ``personal technology devices''; and
(B) in paragraph (2), by striking ``and networks'' and
inserting ``, personal networks, and personal accounts''; and
(3) by striking subsections (d) and (e) and inserting the
following new subsection (d):
``(d) Definitions.--In this section:
``(1) The term `personal accounts' means accounts for
online and telecommunications services, including telephone,
residential internet access, email, text and multimedia
messaging, cloud computing, social media, health care, and
financial services, used by Department of Defense personnel
outside of the scope of their employment with the Department.
``(2) The term `personal technology devices ' means
technology devices used by Department of Defense personnel
outside of the scope of their employment with the Department
and includes networks to which such devices connect.''.
SEC. 1728. COMPTROLLER GENERAL REPORT ON EFFORTS TO PROTECT
PERSONAL INFORMATION OF DEPARTMENT OF DEFENSE
PERSONNEL FROM EXPLOITATION BY FOREIGN
ADVERSARIES.
(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 brief the appropriate congressional
committees on Department of Defense efforts to protect
personal information of its personnel from exploitation by
foreign adversaries.
(b) Elements.--The briefing required under subsection (a)
shall include any observations on the following elements:
(1) An assessment of efforts by the Department of Defense
to protect the personal information, including location data
generated by smart phones, of members of the Armed Forces,
civilian employees of the Department of Defense, veterans,
and their families from exploitation by foreign adversaries.
(2) Recommendations to improve Department of Defense
policies and programs to meaningfully address this threat.
(c) Report.--The Comptroller General shall publish on its
website an unclassified report, which may contain a
classified annex submitted to the congressional defense and
intelligence committees, on the elements described in
subsection (b) at a time mutually agreed upon.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Select Committee on Intelligence of the Senate; and
(3) the Permanent Select Committee on Intelligence of the
House of Representatives.
TITLE XVIII--SPACE FORCE PERSONNEL MANAGEMENT
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Space Force Personnel
Management Act''.
SEC. 1802. SPACE FORCE PERSONNEL MANAGEMENT ACT TRANSITION
PLAN.
(a) Conditions Required for Enactment.--
(1) In general.--None of the authorities provide by this
title shall take effect until the later of--
(A) the Secretary of the Air Force--
(i) certifies to the congressional defense committees that
any State National Guard affected by the transfer of units,
personnel billets, equipment, and resources into the Space
Force will be made whole by the transfer of additional assets
under the control of the Secretary of the Air Force into the
affected State National Guard; and
(ii) submits to the congressional defense committees a
report that includes a transition plan to move all units,
personnel billets, equipment, and resources performing core
Space Force functions, under the operational control of the
Space Force, or otherwise integral to the Space Force mission
that may exist in the reserve components of the Department of
the Air Force into the Space Force; and
(B) one year after the Secretary of Defense provides the
briefing on the study required under section 1703(c).
(2) Elements.--The transition plan required under paragraph
(1)(B) shall include the following elements:
(A) An identification of any units, personnel billets,
equipment, and resources currently residing in the Air Force
Reserve and Air National Guard that will be transferred into
the Space Force, including, for items currently in the Air
National Guard, a breakdown of assets by State.
(B) A timeline for the implementation of the authorities
provided by this title.
(C) An explanation of any units personnel billets,
equipment, and resources transferred
[[Page S4030]]
between the Regular Air Force, Air Force Reserve, Air
National Guard, and Space Force, including, for any assets
transferred into or out of the Air National Guard, a
breakdown of transfers by State.
(b) Personnel Protections.--
(1) In general.--In enacting the authorities provided by
this title, the Secretary of the Air Force shall not require
any currently serving member of the Air National Guard to
enlist or commission into the Space Force.
(2) Job placement.--The Secretary of the Air Force shall
provide employment opportunities within the Air National
Guard to any currently serving member of the Air National
Guard who, as a direct result of the enactment of this title,
declines to affiliate with the Space Force.
(3) Space force affiliation.--The Secretary of the Air
Force shall guarantee in writing that any member of the Air
National Guard who joins the Space Force as a result of the
enactment of this title will not lose rank or pay upon
transferring to the Space Force.
(c) National Guard Protections.--The Secretary of the Air
Force shall ensure that no State National Guard loses Federal
resources, including net personnel billets and Federal
funding, as a result of the enactment of the authorities
provided by this title.
SEC. 1803. COMPREHENSIVE ASSESSMENT OF SPACE FORCE EQUITIES
IN THE NATIONAL GUARD.
(a) Study Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
seek to enter into an agreement with a Federally funded
research and development center under which such center will
conduct an independent study to assess the feasibility and
advisability of moving all units, personnel billets,
equipment, and resources performing core space functions,
under the operational control of the Space Force, or
otherwise integral to the Space Force mission that may exist
in the National Guard and into a single-component Space Force
and provide to the Secretary a report on the findings of the
study. The conduct of such study shall include the following
elements:
(1) An analysis and recommendations associated with at
least the three following possible courses of action:
(A) Maintaining the current model in which the Air National
Guard has units and personnel performing core space
functions.
(B) Transitioning such units and personnel to the Space
Force.
(C) The creation of a new National Guard component of the
Space Force.
(2) A cost-benefit analysis for each of the analyzed
courses of action.
(3) With respect to the course of action described in
paragraph (1)(B), an analysis of the ideal personnel, units,
and resources that could be transitioned to the respective
Air National Guards of States that may lose space-related
personnel, units, and resources as a result of the
consolidation of space-related personnel, units, and
resources into the Space Force component.
(b) Deadline for Completion.--An agreement entered into
pursuant to subsection (a) shall specify that the study
conducted under the agreement shall be completed by not later
than February 1, 2025.
(c) Briefing and Report.--
(1) In general.--Upon completion of a study conducted under
an agreement entered into pursuant to subsection (a), the
Secretary shall provide to the Committees on Armed Services
of the Senate and House of Representatives a briefing and
report on the findings of the study, including a description
of any proposed personnel, unit, or resource realignments
related to the creation of the Space Force single component
or recommended by such study.
(2) Classification of report.--The report required under
paragraph (1) shall be submitted in unclassified form but may
include classified appendices as required.
Subtitle A--Space Force Military Personnel System Without Component
SEC. 1811. ESTABLISHMENT OF MILITARY PERSONNEL MANAGEMENT
SYSTEM FOR THE SPACE FORCE.
Title 10, United States Code, is amended by adding at the
end the following new subtitle:
``Subtitle F--Alternative Military Personnel Systems
``PART I--SPACE FORCE
``Chap.
``2001. Space Force Personnel System .........................20001....
``2003. Status and Participation .............................20101....
``2005. Officers..............................................20201....
``2007. Enlisted Members .....................................20301....
``2009. Retention and Separation Generally....................20401....
``2011. Separation of Officers for Substandard Performance of Duty or
for Certain Other Reasons ................................20501....
``2013. Retirement ...........................................20601....
``CHAPTER 2001--SPACE FORCE PERSONNEL SYSTEM
``Sec.
``20001. Single military personnel management system.
``20002. Members: duty status.
``20003. Members: minimum service requirement as applied to Space
Force.
``Sec. 20001. Single military personnel management system
``Members of the Space Force shall be managed through a
single military personnel management system, without
component.''.
SEC. 1812. COMPOSITION OF THE SPACE FORCE WITHOUT COMPONENT.
(a) Composition of the Space Force.--Section 9081(b) of
title 10, United States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(3) in paragraph (1), as so redesignated, by striking ``,
including'' and all that follows through ``emergency''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the certification by the
Secretary of the Air Force under section 1745.
SEC. 1813. DEFINITIONS FOR SINGLE PERSONNEL MANAGEMENT SYSTEM
FOR THE SPACE FORCE.
(a) Space Force Definitions.--Section 101 of title 10,
United States Code, is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Space Force.--The following definitions relating to
members of the Space Force apply in this title:
``(1) The term `Space Force active status' means the status
of a member of the Space Force who is not in a Space Force
inactive status and is not retired.
``(2) The term `Space Force inactive status' means the
status of a member of the Space Force who is designated by
the Secretary of the Air Force, under regulations prescribed
by the Secretary, as being in a Space Force inactive status.
``(3) The term `Space Force retired status' means the
status of a member of the Space Force who--
``(A) is receiving retired pay; or
``(B) but for being under the eligibility age applicable
under section 12731 of this title, would be eligible for
retired pay under chapter 1223 of this title.
``(4) The term `sustained duty' means full-time duty by a
member of the Space Force ordered to such duty by an
authority designated by the Secretary of the Air Force--
``(A) in the case of an officer--
``(i) to fulfill the terms of an active-duty service
commitment incurred by the officer under any provision of
law; or
``(ii) with the consent of the officer; and
``(B) in the case of an enlisted member, with the consent
of the enlisted member as specified in the terms of the
member's enlistment or reenlistment agreement.''.
(b) Amendments to Existing Duty Status Definitions.--
Subsection (d) of such section is amended--
(1) in paragraph (1), by inserting ``, including sustained
duty in the Space Force'' after ``United States''; and
(2) in paragraph (7), by inserting ``, or a member of the
Space Force,'' after ``Reserves'' both places it appears.
SEC. 1814. BASIC POLICIES RELATING TO SERVICE IN THE SPACE
FORCE.
Chapter 2001 of title 10, United States Code, as added by
section 1711, is amended by adding at the end the following
new sections:
``Sec. 20002. Members: duty status
``Under regulations prescribed by the Secretary of the Air
Force, each member of the Space Force shall be placed in one
of the following duty statuses:
``(1) Space Force active status.
``(2) Space Force inactive status.
``(3) Space Force retired status.
``Sec. 20003. Members: minimum service requirement as applied
to Space Force
``(a) Inapplicability of Active/reserve Service
Distinction.--In applying section 651 of this title to a
person who becomes a member of the Space Force, the
provisions of the second sentence of subsection (a) and of
subsection (b) of that section (relating to service in a
reserve component) are inapplicable.
``(b) Treatment Upon Transfer Out of Space Force.--A member
of the Space Force who transfers to one of the other armed
forces before completing the service required by subsection
(a) of section 651 of this title shall upon such transfer be
subject to section 651 of this title in the same manner as if
such member had initially entered the armed force to which
the member transfers.''.
SEC. 1815. STATUS AND PARTICIPATION.
Subtitle F of title 10, United States Code, as added by
section 1711, is amended by adding at the end the following
new chapter:
``CHAPTER 2003--STATUS AND PARTICIPATION
``Sec.
``20101. Members in Space Force active status: amount of annual
training or active duty service required.
``20102. Individual ready guardians: designation; mobilization
category.
``20103. Members not on sustained duty: agreements concerning
conditions of service.
``20104. Orders to active duty: with consent of member.
``20105. Sustained duty.
``20106. Orders to active duty: without consent of member.
``20107. Transfer to inactive status: initial service obligation not
complete.
``20108. Members of Space Force: credit for service for purposes of
laws providing pay and benefits for members, dependents,
and survivors.
``20109. Policy for order to active duty based upon determination by
Congress.
[[Page S4031]]
``Sec. 20101. Members in Space Force active status: amount of
annual training or active duty service required
``Except as specifically provided in regulations prescribed
by the Secretary of Defense, a member of the Space Force in a
Space Force active status who is not serving on sustained
duty shall be required to--
``(1) participate in at least 48 scheduled drills or
training periods during each year and serve on active duty
for not less than 14 days (exclusive of travel time) during
each year; or
``(2) serve on active duty for not more than 30 days during
each year.
``Sec. 20102. Individual ready guardians: designation;
mobilization category
``(a) In General.--Under regulations prescribed by the
Secretary of Defense, the Secretary of the Air Force may
designate a member of the Space Force in a Space Force active
status as an Individual Ready Guardian.
``(b) Mobilization Category.--
``(1) In general.--Among members of the Space Force
designated as Individual Ready Guardians, there is a category
of members (referred to as a `mobilization category') who, as
designated by the Secretary of the Air Force, are subject to
being ordered to active duty without their consent in
accordance with section 20106(a) of this title.
``(2) Limitations on placement in mobilization category.--A
member designated as an Individual Ready Guardian may not be
placed in the mobilization category referred to in paragraph
(1) unless--
``(A) the member volunteers to be placed in that
mobilization category; and
``(B) the member is selected by the Secretary of the Air
Force, based upon the needs of the Space Force and the grade
and military skills of that member.
``(3) Limitation on time in mobilization category.--A
member of the Space Force in a Space Force active status may
not remain designated an Individual Ready Guardian in such
mobilization category after the end of the 24-month period
beginning on the date of the separation of the member from
active service.
``(4) Designation of grades and military skills or
specialties.--The Secretary of the Air Force shall designate
the grades and military skills or specialties of members to
be eligible for placement in such mobilization category.
``(5) Benefits.--A member in such mobilization category
shall be eligible for benefits (other than pay and training)
on the same basis as are available to members of the
Individual Ready Reserve who are in the special mobilization
category under section 10144(b) of this title, as determined
by the Secretary of Defense.
``Sec. 20103. Members not on sustained duty: agreements
concerning conditions of service
``(a) Agreements.--The Secretary of the Air Force may enter
into a written agreement with a member of the Space Force not
on sustained duty--
``(1) requiring the member to serve on active duty for a
definite period of time;
``(2) specifying the conditions of the member's service on
active duty; and
``(3) for a member serving in a Space Force inactive
status, specifying the conditions for the member's continued
service as well as order to active duty with and without the
consent of the member.
``(b) Conditions of Service.--An agreement under subsection
(a) shall specify the conditions of service. The Secretary of
the Air Force shall prescribe regulations establishing--
``(1) what conditions of service may be specified in the
agreement;
``(2) the obligations of the parties; and
``(3) the consequences of failure to comply with the terms
of the agreement.
``(c) Authority for Retention on Active Duty During War or
National Emergency.--If the period of service on active duty
of a member under an agreement under subsection (a) expires
during a war or during a national emergency declared by
Congress or the President, the member concerned may be kept
on active duty, without the consent of the member, as
otherwise prescribed by law.
``Sec. 20104. Orders to active duty: with consent of member
``(a) Authority.--A member of the Space Force who is
serving in a Space Force active status and is not on
sustained duty, or who is serving in a Space Force inactive
status, may, with the consent of the member, be ordered to
active duty, or retained on active duty, under the following
sections of chapter 1209 of this title in the same manner as
applies to a member of a reserve component ordered to active
duty, or retained on active duty, under that section with the
consent of the member:
``(1) Section 12301(d), relating to orders to active duty
at any time with the consent of the member.
``(2) Section 12301(h), relating to orders to active duty
in connection with medical or health care matters.
``(3) Section 12322, relating to active duty for health
care.
``(4) Section 12323, relating to active duty pending line
of duty determination required for response to sexual
assault.
``(b) Applicable Provisions of Law.--The following sections
of chapter 1209 of this title pertaining to a member of a
reserve component ordered to active duty with the consent of
the member apply to a member of the Space Force who is
ordered to active duty under this section in the same manner
as to such a reserve component member:
``(1) Section 12308, relating to retention after becoming
qualified for retired pay.
``(2) Section 12309, relating to use of Reserve officers in
expansion of armed forces.
``(3) Section 12313, relating to release of reserve members
from active duty.
``(4) Section 12314, relating to kinds of duty.
``(5) Section 12315, relating to duty with or without pay.
``(6) Section 12316, relating to payment of certain
Reserves while on duty.
``(7) Section 12318, relating to duties and funding of
reserve members on active duty.
``(8) Section 12320, relating to grade in which ordered to
active duty.
``(9) Section 12321, relating to a limitation on number of
reserve members assigned to Reserve Officer Training Corps
units.
``Sec. 20105. Sustained duty
``(a) Enlisted Members.--An authority designated by the
Secretary of the Air Force may order an enlisted member of
the Space Force in a Space Force active status to sustained
duty, or retain an enlisted member on sustained duty, with
the consent of that member, as specified in the terms of the
member's enlistment or reenlistment agreement.
``(b) Officers.--(1) An authority designated by the
Secretary of the Air Force may order a Space Force officer in
a Space Force active status to sustained duty--
``(A) with the consent of the officer; or
``(B) to fulfill the terms of an active-duty service
commitment incurred by the officer under any provision of
law.
``(2) An officer ordered to sustained duty under paragraph
(1) may not be released from sustained duty without the
officer's consent except as provided in chapter 2009 or 2011
of this title.
``Sec. 20106. Orders to active duty: without consent of
member
``(a) Members in a Space Force Active Status.--(1) A member
of the Space Force in a Space Force active status who is not
on sustained duty, may, without the consent of the member, be
ordered to active duty or inactive duty in the same manner as
a member of a reserve component ordered to active duty or
inactive duty under the provisions of chapter 1209 of this
title and any other provision of law authorizing the order to
active duty of a member of a reserve component in an active
status without the consent of the member.
``(2) The provisions of chapter 1209 of this title, or
other applicable provisions of law, pertaining to a member of
the Ready Reserve when ordered to active duty shall apply to
a member of the Space Force who is in a Space Force active
status when ordered to active duty under paragraph (1).
``(3) The provisions of section 12304 of this title
pertaining to members in the Individual Ready Reserve
mobilization category shall apply to a member of the Space
Force who is designated an Individual Ready Guardian when
ordered to active duty who meets the provisions of section
20102(b) of this title.
``(b) Members in a Space Force Inactive Status.--(1) A
member of the Space Force in a Space Force inactive status
may be ordered to active duty under--
``(A) the provisions of chapter 1209 of this title;
``(B) any other provision of law authorizing the order to
active duty of a member of a reserve component in an inactive
status; and
``(C) the terms of any agreement entered into by the member
under section 20103 of this title.
``(2) The provisions of chapter 1209 of this title, or
other applicable provisions of law, pertaining to the Standby
Reserve shall apply to a member of the Space Force who is in
a Space Force inactive service when ordered to active duty.
``(c) Members in a Space Force Retired Status.--(1)
Chapters 39 and 1209 of this title include provisions
authorizing the order to active duty of a member of the Space
Force in a Space Force retired status.
``(2) The provisions of sections 688, 688a, and 12407 of
this title pertaining to a retired member or a member of the
Retired Reserve shall apply to a member of the Space Force in
a Space Force retired status when ordered to active duty.
``(3) The provisions of section 689 of this title
pertaining to a retired member ordered to active duty shall
apply to a member of the Space Force in a Space Force retired
status who is ordered to active duty.
``(d) Other Applicable Provisions.--The following
provisions of chapter 1209 of this title pertaining shall
apply to a member of the Space Force ordered to active duty
in the same manner as to a Reserve or member of the Retired
Reserve ordered to active duty:
``(1) Section 12305, relating to the authority of the
President to suspend certain laws relating to promotion,
retirement, and separation.
``(2) Section 12308, relating to retention after becoming
qualified for retired pay.
``(3) Section 12313, relating to release from active duty.
``(4) Section 12314, relating to kinds of duty.
``(5) Section 12315, relating to duty with or without pay.
``(6) Section 12316, relating to payment of certain
Reserves while on duty.
[[Page S4032]]
``(7) Section 12317, relating to theological students;
limitations.
``(8) Section 12320, relating to grade in which ordered to
active duty.
``Sec. 20107. Transfer to inactive status: initial service
obligation not complete
``(a) General Rule.--A member of the Space Force who has
not completed the required minimum service obligation
referred to in section 20003 of this title shall, if
terminating Space Force active status, be transferred to a
Space Force inactive status and, unless otherwise designated
an Individual Ready Guardian under section 20102 of this
title, shall remain subject to order to active duty without
the member's consent under section 20106 of this title.
``(b) Exception.--Subsection (a) does not apply to a member
who is separated from the Space Force by the Secretary of the
Air Force under section 20503 of this title.
``Sec. 20108. Members of Space Force: credit for service for
purposes of laws providing pay and benefits for members,
dependents, and survivors
``For the purposes of laws providing pay and benefits for
members of the Armed Forces and their dependents and
beneficiaries:
``(1) Military training, duty, or other service performed
by a member of the Space Force in a Space Force active status
not on sustained duty shall be considered military training,
duty, or other service, as the case may be, as a member of a
reserve component.
``(2) Sustained duty performed by a member of the Space
Force under section 20105 of this title shall be considered
active duty as a member of a regular component.
``(3) Active duty performed by a member of the Space Force
in a Space Force active status not on sustained duty shall be
considered active duty as a member of a reserve component.
``(4) Inactive-duty training performed by a member of the
Space Force shall be considered inactive-duty training as a
member of a reserve component.
``Sec. 20109. Policy for order to active duty based upon
determination by Congress
``Whenever Congress determines that more units and
organizations capable of conducting space operations are
needed for the national security than are available among
those units comprised of members of the Space Force serving
on active duty, members of the Space Force not serving on
active duty shall be ordered to active duty and retained as
long as so needed.''.
SEC. 1816. OFFICERS.
(a) Original Appointments.--Subtitle F of title 10, United
States Code, as amended by section 1715, is further amended
by adding at the end the following new chapter:
``CHAPTER 2005--OFFICERS
``Subchapter Sec.
``I. Original appointments....................................20201....
``II. Selection boards........................................20211....
``III. Promotions.............................................20231....
``IV. Persons not considered for promotion and other promotion-related
provisions................................................20241....
``V. Applicability of other laws..............................20251....
``SUBCHAPTER I--ORIGINAL APPOINTMENTS
``Sec.
``20201. Original appointments: how made.
``20202. Original appointments: qualifications.
``20203. Original appointments: service credit.
``Sec. 20201. Original appointments: how made
``The provisions of section 531 of this title shall apply
to original appointments of commissioned officers in the
Space Force.
``Sec. 20202. Original appointments: qualifications
``(a) In General.--An original appointment as a
commissioned officer in the Space Force may be given only to
a person who--
``(1) is a citizen of the United States;
``(2) is at least 18 years of age; and
``(3) has such other physical, mental, moral, professional,
and age qualifications as the Secretary of the Air Force may
prescribe by regulation.
``(b) Exception.--A person who is otherwise qualified, but
who has a physical condition that the Secretary of the Air
Force determines will not interfere with the performance of
the duties to which that person may be assigned, may be
appointed as an officer in the Space Force.
``Sec. 20203. Original appointments: service credit
``The provisions of section 533 of this title shall apply
to the crediting of prior active commissioned service for
original appointments of commissioned officers.''.
(b) Conforming Amendments Relating to Original
Appointments.--
(1) Definitions.--Section 101 of title 10, United States
Code, is amended in subsection (b)(10) by inserting before
the period at the end the following: ``and, with respect to
the appointment of a member of the armed forces in the Space
Force, refers to that member's most recent appointment in the
Space Force that is neither a promotion nor a demotion''.
(2) Original appointments of commissioned officers.--
Section 531 of such title is amended by striking ``Regular''
before ``Space Force'' each place it appears.
(3) Qualifications for original appointment as a
commissioned officer.--Section 532(a) of such title is
amended by striking ``Regular Marine Corps, or Regular Space
Force'' and inserting ``or Regular Marine Corps''.
(4) Service credit upon original appointment as a
commissioned officer.--Section 533 of such title is amended
by striking ``Regular'' before ``Space Force'' each place it
appears.
(c) Selection Boards and Promotions.--Chapter 205 of title
10, United States Code, as added by subsection (a), is
amended by adding at the end the following new subchapters:
``SUBCHAPTER II--SELECTION BOARDS
``Sec.
``20211. Convening of selection boards.
``20212. Composition of selection boards.
``20213. Notice of convening of selection boards.
``20214. Information furnished to selection boards.
``20215. Recommendations for promotion by selection boards.
``20216. Reports of selection boards.
``20217. Action on reports of selection boards for promotion to
brigadier general or major general.
``Sec. 20211. Convening of selection boards
``(a) In General.--Whenever the needs of the service
require, the Secretary of the Air Force shall convene
selection boards to recommend for promotion to the next
higher permanent grade officers of the Space Force in each
permanent grade from first lieutenant through brigadier
general.
``(b) Exception for Officers in Grade of First
Lieutenant.--Subsection (a) does not require the convening of
a selection board in the case of Space Force officers in the
permanent grade of first lieutenant when the Secretary of the
Air Force recommends for promotion to the grade of captain
under section 20238(a)(4)(A) of this title all such officers
whom the Secretary finds to be fully qualified for promotion.
``(c) Section 20404 Selection Boards.--The Secretary of the
Air Force may convene selection boards to recommend officers
for early retirement under section 20404(a) of this title or
for discharge under section 20404(b) of this title.
``(d) Regulations.--The convening of selection boards under
subsection (a) shall be under regulations prescribed by the
Secretary of the Defense.
``Sec. 20212. Composition of selection boards --
``(a) Appointment and Composition of Boards.--
``(1) In general.--Members of a selection board shall be
appointed by the Secretary of Air Force in accordance with
this section. A selection board shall consist of five or more
officers of the Space Force. Each member of a selection board
must be serving in a grade higher than the grade of the
officers under consideration by the board, except that no
member of a board may be serving in a grade below major. The
members of a selection board shall include at least one
member serving on sustained duty and at least one member in a
Space Force active status who is not serving on sustained
duty. The ratio of the members of a selection board serving
on sustained duty to members serving in a Space Force active
status not on sustained duty shall, to the extent
practicable, reflect the ratio of officers serving in each of
those statuses who are being considered for promotion by the
board. The members of a selection board shall represent the
diverse population of the Space Force to the extent
practicable.
``(2) Representation from competitive categories.--(A)
Except as provided in subparagraph (B), a selection board
shall include at least one officer from each competitive
category of officers to be considered by the board.
``(B) A selection board need not include an officer from a
competitive category when there are no officers of that
competitive category on the Space Force officer list in a
grade higher than the grade of the officers to be considered
by the board and eligible to serve on the board.
``(3) Retired officers.--If qualified officers on the Space
Force officer list are not available in sufficient number to
comprise a selection board, the Secretary of the Air Force
shall complete the membership of the board by appointing as
members of the board--
``(A) Space Force officers who hold a grade higher than the
grade of the officers under consideration by the board and
who are retired officers; and
``(B) if sufficient Space Force officers are not available
pursuant to subparagraph (A), Air Force officers who hold a
grade higher than the grade of the officers under
consideration by the board and who are retired officers, but
only if the Air Force officer to be appointed to the board
has served in a space-related career field of the Air Force
for sufficient time such that the Secretary of the Air Force
determines that the retired Air Force officer has adequate
knowledge concerning the standards of performance and conduct
required of an officer of the Space Force.
``(4) Exclusion of retired general officers on active duty
to serve on a board from numeric general officer active-duty
limitations.--A retired general officer who is on active duty
for the purpose of serving on a selection board shall not,
while so serving, be counted against any limitation on the
number of general and flag officers who may be on active
duty.
``(b) Limitation on Membership on Consecutive Boards.--
``(1) General rule.--Except as provided in paragraph (2),
no officer may be a member of
[[Page S4033]]
two successive selection boards convened under section 20211
of this title for the consideration of officers of the same
grade.
``(2) Exception for general officer boards.--Paragraph (1)
does not apply with respect to selection boards convened
under section 20211 of this title for the consideration of
officers in the grade of colonel or brigadier general.
``(c) Joint Qualified Officers.--(1) Each selection board
convened under section 20211 of this title that will consider
an officer described in paragraph (2) shall include at least
one officer designated by the Chairman of the Joint Chiefs of
Staff who is a joint qualified officer.
``(2) Paragraph (1) applies with respect to an officer
who--
``(A) is serving on, or has served on, the Joint Staff; or
``(B) is a joint qualified officer.
``(3) The Secretary of Defense may waive the requirement in
paragraph (1) for any selection board of the Space Force.
``Sec. 20213. Notice of convening of selection boards
``(a) Notice to Eligible Officers.--At least 30 days before
a selection board is convened under section 20211 of this
title to recommend officers in a grade for promotion to the
next higher grade, the Secretary of the Air Force shall--
``(1) notify in writing the officers eligible for
consideration for promotion of the date on which the board is
to convene and the name and date of rank of the junior
officer, and of the senior officer, in the promotion zone as
of the date of the notification; or
``(2) issue a general written notice to the Space Force
regarding the convening of the board which shall include the
convening date of the board and the name and date of rank of
the junior officer, and of the senior officer, in the
promotion zone as of the date of the notification.
``(b) Communication From Officers.--An officer eligible for
consideration by a selection board convened under section
20211 of this title (other than an officer who has been
excluded under section 20231(d) of this title from
consideration by the board) may send a written communication
to the board, to arrive not later than 10 calendar days
before the date on which the board convenes, calling
attention to any matter concerning the officer that the
officer considers important to the officer's case. The
selection board shall give consideration to any timely
communication under this subsection.
``(c) Notice of Intent of Certain Officers To Serve on or
Off Active Duty.--An officer on the Space Force officer list
in the grade of colonel or brigadier general who receives a
notice under subsection (a) shall inform the Secretary of the
officer's preference to serve either on or off active duty if
promoted to the grade of brigadier general or major general,
respectively.
``Sec. 20214. Information furnished to selection boards
``The provisions of section 615 of this title shall apply
to information furnished to selection boards.
``Sec. 20215. Recommendations for promotion by selection
boards
``The provisions of section 616 of this title shall apply
to recommendations for promotion by selection boards.
``Sec. 20216. Reports of selection boards
``The provisions of section 617 of this title shall apply
to reports of selection boards.
``Sec. 20217. Action on reports of selection boards for
promotion to brigadier general or major general
``The provisions of section 618 of this title shall apply
to action on reports of selection boards.
``SUBCHAPTER III--PROMOTIONS
``Sec.
``20231. Eligibility for consideration for promotion: time-in-grade and
other requirements.
``20232. Eligibility for consideration for promotion: designation as
joint qualified officer required before promotion to
brigadier general; exceptions.
``20233. Opportunities for consideration for promotion.
``20234. Space Force officer list.
``20235. Competitive categories.
``20236. Numbers to be recommended for promotion.
``20237. Establishment of promotion zones.
``20238. Promotions: how made; authorized delay of promotions.
``Sec. 20231. Eligibility for consideration for promotion:
time-in-grade and other requirements
``(a) Time-in-grade Requirements.--(1) An officer who is in
a Space Force active status on the Space Force officer list
and holds a permanent appointment in the grade of second
lieutenant or first lieutenant may not be promoted to the
next higher permanent grade until the officer has completed
the following period of service in the grade in which the
officer holds a permanent appointment:
``(A) Eighteen months, in the case of an officer holding a
permanent appointment in the grade of second lieutenant.
``(B) Two years, in the case of an officer holding a
permanent appointment in the grade of first lieutenant.
``(2) Subject to paragraph (5), an officer who is in a
Space Force active status on the Space Force officer list and
holds a permanent appointment in a grade above first
lieutenant may not be considered for selection for promotion
to the next higher permanent grade until the officer has
completed the following period of service in the grade in
which the officer holds a permanent appointment:
``(A) Three years, in the case of an officer holding a
permanent appointment in the grade of captain, major, or
lieutenant colonel.
``(B) One year, in the case of an officer holding a
permanent appointment in the grade of colonel or brigadier
general.
``(3) When the needs of the service require, the Secretary
of the Air Force may prescribe a longer period of service in
grade for eligibility for promotion, in the case of officers
to whom paragraph (1) applies, or for eligibility for
consideration for promotion, in the case of officers to whom
paragraph (2) applies.
``(4) When the needs of the service require, the Secretary
of the Air Force may prescribe a shorter period of service in
grade, but not less than two years, for eligibility for
consideration for promotion, in the case of officers
designated for limited duty to whom paragraph (2) applies.
``(5) The Secretary of the Air Force may waive paragraph
(2) to the extent necessary to assure that officers described
in subparagraph (A) of such paragraph have at least two
opportunities for consideration for promotion to the next
higher grade as officers below the promotion zone.
``(6) In computing service in grade for purposes of this
section, service in a grade held as a result of assignment to
a position is counted as service in the grade in which the
officer would have served except for such assignment or
appointment.
``(b) Continued Eligibility for Consideration for Promotion
of Officers Who Have Previously Failed of Selection.--(1)
Except as provided in paragraph (2), an officer who has
failed of selection for promotion to the next higher grade
remains eligible for consideration for promotion to that
grade as long as the officer continues on active duty in
other than a retired status and is not promoted.
``(2) Paragraph (1) does not apply to an officer on active
status who is ineligible for consideration for promotion
under section 631(c) of this title for the second time.
``(c) Officers To Be Considered by Promotion Boards.--(1)
Each time a selection board is convened under section 20211
of this title for consideration of officers in a competitive
category for promotion to the next higher grade, each officer
in the promotion zone (except as provided under paragraph
(2)), and each officer above the promotion zone, for the
grade and competitive category under consideration shall be
considered for promotion.
``(2) The Secretary of the Air Force--
``(A) may, in accordance with standards and procedures
prescribed by the Secretary of Defense in regulations which
shall apply uniformly among the military departments, limit
the officers to be considered by a selection board from below
the promotion zone to those officers who are determined to be
exceptionally well qualified for promotion;
``(B) may, by regulation, prescribe a period of time, not
to exceed one year, from the time an officer on the Space
Force officer list transfers on or off of sustained duty
during which the officer shall be ineligible for
consideration for promotion; and
``(C) may, by regulation, preclude from consideration by a
selection board by which the officer would otherwise be
eligible to be considered, an officer who has an established
separation date that is within 90 days after the date on
which the board is to be convened.
``(3)(A) The Secretary of Defense may authorize the
Secretary of the Air Force to preclude from consideration by
selection boards for promotion to the grade of brigadier
general, officers in the grade of colonel who--
``(i) have been considered and not selected for promotion
to the grade of brigadier general or by at least two
selection boards; and
``(ii) are determined, in accordance with standards and
procedures prescribed pursuant to subparagraph (B), as not
being exceptionally well qualified for promotion.
``(B) If the Secretary of Defense authorizes the Secretary
of the Air Force to have the authority described in
subparagraph (A), the Secretary shall prescribe by regulation
the standards and procedures for the exercise of such
authority. Those regulations shall apply uniformly among the
military departments and shall include the following
provisions:
``(i) A requirement that the Secretary of the Air Force may
exercise such authority in the case of a particular selection
board only if the Secretary of Defense approves the exercise
of that authority for that board.
``(ii) A requirement that an officer may be precluded from
consideration by a selection board under this paragraph only
upon the recommendation of a preselection board of officers
convened by the Secretary of the military department
concerned and composed of at least three officers all of whom
are serving in a grade higher than the grade of such officer.
``(iii) A requirement that such a preselection board may
not recommend that an officer be precluded from such
consideration unless the Secretary of the Air Force has given
the officer advance written notice of the convening of such
board and of the military records that will be considered by
the board and has given the officer a reasonable period
before the convening of the board in which to submit comments
to the board.
[[Page S4034]]
``(iv) A requirement that the Secretary of the Air Force
shall provide general guidance to the board in accordance
with standards and procedures prescribed by the Secretary of
Defense in those regulations.
``(v) A requirement that the preselection board may
recommend that an officer be precluded from consideration by
a selection board only on the basis of the general guidance
provided by the Secretary Air Force, information in the
officer's official military personnel records that has been
described in the notice provided the officer as required
pursuant to clause (iii), and any communication to the board
received from that officer before the board convenes.
``(d) Certain Officers Not To Be Considered.--A selection
board convened under section 20211 of this title may not
consider for promotion to the next higher grade any of the
following officers:
``(1) An officer whose name is on a promotion list for that
grade as a result of the officer's selection for promotion to
that grade by an earlier selection board convened under that
section.
``(2) An officer who is recommended for promotion to that
grade in the report of an earlier selection board convened
under that section, in the case of such a report that has not
yet been approved by the President.
``(3) An officer in the grade of first lieutenant who is on
an approved all-fully-qualified-officers list under section
20238(a)(4) of this title.
``(4) An officer in the grade of captain who is not a
citizen of the United States.
``(5) An officer excluded under subsection (e).
``(e) Authority To Allow Officers To Opt Out of Selection
Board Consideration.--(1) The Secretary of the Air Force may
provide that an officer on the Space Force officer list may,
upon the officer's request and with the approval of the
Secretary, be excluded from consideration by a selection
board convened under section 20211 of this title to consider
officers for promotion to the next higher grade.
``(2) The Secretary of the Air Force may only approve a
request under paragraph (1) if--
``(A)(i) the basis for the request is to allow an officer
to complete a broadening assignment, advanced education,
another assignment of significant value to the Department, a
career progression requirement delayed by the assignment or
education;
``(ii) the Secretary determines the exclusion from
consideration is in the best interest of the Space Force; and
``(iii) the officer has not previously failed of selection
for promotion to the grade for which the officer requests the
exclusion from consideration; or
``(B)(i) the officer is serving in a critical skill
position that cannot be filled by another Space Force officer
serving in the same grade;
``(ii) the Secretary determines that it is in the best
interests of the Space Force for the officer to continue to
serve in their current position and grade; and
``(iii) the officer has not previously opted out of a
promotion board under this authority.
``Sec. 20232. Eligibility for consideration for promotion:
designation as joint qualified officer required before
promotion to brigadier general; exceptions
``The provisions of section 619a of this title shall apply
to officers of the Space Force.
``Sec. 20233. Opportunities for consideration for promotion
``(a) Specification of Number of Opportunities for
Consideration for Promotion.--Under regulations prescribed by
the Secretary of Defense, the Secretary of the Air Force
shall specify the number of opportunities for consideration
for promotion to be afforded to Space Force officers for
promotion to each grade above the grade of captain.
``(b) Limitation on Number of Opportunities That May Be
Specified.--The number of opportunities for consideration for
promotion to be afforded officers of the Space Force for
promotion to a particular grade may not exceed five.
``(c) Limited Authority of Secretary of the Air Force To
Modify Number of Opportunities.--The Secretary of the Air
Force may change the number of opportunities for
consideration for promotion to a particular grade not more
frequently than once every five years.
``(d) Authority of Secretary of Defense To Modify Number of
Opportunities.--The Secretary of Defense may modify the
number of opportunities for consideration for promotion to be
afforded officers of the Space Force for promotion to a
particular grade.
``Sec. 20234. Space Force officer list
``(a) Single List.--The Secretary of the Air Force shall
maintain a single list of all Space Force officers serving in
a Space Force active status. The list shall be known as the
Space Force officer list.
``(b) Order of Officers on List.--Officers shall be carried
on the Space Force officer list in the order of seniority of
the grade in which they are serving. Officers serving in the
same grade shall be carried in the order of their rank in
that grade.
``(c) Effect of Service in a Temporary Appointment.--An
officer whose position on the Space Force officer list
results from service under a temporary appointment or in a
grade held by reason of assignment to a position has, when
that appointment or assignment ends, the grade and position
on the Space Force officer list that the officer would have
held if the officer had not received that appointment or
assignment.
``Sec. 20235. Competitive categories
``(a) Requirement To Establish Competitive Categories for
Promotion.--Under regulations prescribed by the Secretary of
Defense, the Secretary of the Air Force shall establish at
least one competitive category for promotion for officers on
the Space Force officer list. Each officer whose name appears
on the Space Force officer list shall be carried in a
competitive category of officers. Officers in the same
competitive category shall compete among themselves for
promotion.
``(b) Single Competitive Category for Promotion to General
Officer Grades.--The Secretary of the Air Force shall
establish a single competitive category for all officers on
the Space Force officer list who will be considered by a
selection board convened under section 20211 of this title
for promotion to the grade of brigadier general or major
general.
``Sec. 20236. Numbers to be recommended for promotion
``(a) Promotion to Grades Below Brigadier General.--(1)
Before convening a selection board under section 20211 of
this title to consider officers for recommendation for
promotion to a grade below brigadier general and in any
competitive category, the Secretary of the Air Force shall
determine--
``(A) the number of positions needed to accomplish mission
objectives which require officers of that competitive
category in the grade to which the board will recommend
officers for promotion;
``(B) the estimated number of officers needed to fill
vacancies in those positions during the period in which it is
anticipated that officers selected for promotion will be
promoted; and
``(C) the number of officers in a Space Force active status
authorized by the Secretary of the Air Force to serve both on
sustained duty and not on sustained duty in the grade and
competitive category under consideration.
``(2) Based on the determinations under paragraph (1), the
Secretary of the Air Force shall determine the maximum number
of officers in that competitive category which the selection
board may recommend for promotion.
``(b) Promotion to Brigadier General and Major General.--
(1) Before convening a selection board under section 20211 of
this title to consider officers for recommendation for
promotion to the grade of brigadier general or major general,
the Secretary of the Air Force shall determine--
``(A) the number of positions needed to accomplish mission
objectives which require officers serving in a Space Force
active status on sustained duty, and in a Space Force active
status not on sustained duty, in the grade to which the board
will recommend officers for promotion; and
``(B) the estimated number of officers on sustained duty
and not on sustained duty needed to fill vacancies in those
positions over the 24-month period beginning on the date on
which the selection board convenes.
``(2) Based on the determinations under paragraph (1), the
Secretary of the Air Force shall determine the maximum number
of officers serving in a Space Force active status on
sustained duty, and the maximum number of officers serving in
a Space Force active status not on sustained duty, which the
selection board may recommend for promotion.
``Sec. 20237. Establishment of promotion zones
``(a) In General.--Before convening a selection board under
section 20211 of this title to consider officers for
promotion to any grade above first lieutenant or lieutenant
(junior grade), the Secretary of the Air Force shall
establish a promotion zone for officers serving in each grade
and competitive category to be considered by the board.
``(b) Determination of Number.--The Secretary of the Air
Force shall determine the number of officers in the promotion
zone for officers serving in any grade and competitive
category from among officers who are eligible for promotion
in that grade and competitive category. Such determination
shall be made on the basis of an estimate of--
``(1) the number of officers needed in that competitive
category in the next higher grade in each of the next five
years;
``(2) the number of officers to be serving in that
competitive category in the next higher grade in each of the
next five years;
``(3) in the case of a promotion zone for officers to be
promoted to a grade to which section 523 of this title is
applicable, the number of officers authorized for such grade
under such section to be on active duty on the last day of
each of the next five fiscal years; and
``(4) the number of officers that should be placed in that
promotion zone in each of the next five years to provide to
officers in those years relatively similar opportunity for
promotion.
``Sec. 20238. Promotions: how made; authorized delay of
promotions
``(a) Procedure for Promotion of Officers on an Approved
Promotion List.--
``(1) Placement of names on promotion list.--When the
report of a selection board convened under section 20211 of
this title is approved by the President, the Secretary of the
Air Force shall place the names of all officers approved for
promotion within a competitive category on a single list for
that competitive category, to be known as a promotion list,
in the order of the seniority of
[[Page S4035]]
such officers on the list or based on particular merit, as
determined by the promotion board. A promotion list is
considered to be established under this section as of the
date of the approval of the report of the selection board
under the preceding sentence.
``(2) Order and timing of promotions.--Except as provided
in subsection (d), officers on a promotion list for a
competitive category shall be promoted to the next higher
grade when additional officers in that grade and competitive
category are needed. Promotions shall be made in the order in
which the names of officers appear on the promotion list and
after officers previously selected for promotion in that
competitive category have been promoted. Officers to be
promoted to the grade of first lieutenant shall be promoted
in accordance with regulations prescribed by the Secretary of
the Air Force.
``(3) Limitation on promotions to general officer grades to
comply with strength limitations.--Under regulations
prescribed by the Secretary of Defense, the promotion of an
officer on the Space Force officer list to a general officer
grade shall be delayed if that promotion would cause any
strength limitation of section 526 of this title to be
exceeded. The delay shall expire when the Secretary of the
Air Force determines that the delay is no longer required to
ensure compliance with the strength limitation.
``(4) Promotion of first lieutenants on an all-fully-
qualified officers list.--(A) Except as provided in
subsection (d), officers on the Space Force officer list in
the grade of first lieutenant who are on an approved all-
fully-qualified-officers list shall be promoted to the grade
of captain in accordance with regulations prescribed by the
Secretary of the Air Force.
``(B) An all-fully-qualified-officers list shall be
considered to be approved for purposes of subparagraph (A)
when the list is approved by the President. When so approved,
such a list shall be treated in the same manner as a
promotion list under this chapter.
``(C) The Secretary of the Air Force may make a
recommendation to the President for approval of an all-fully-
qualified-officers list only when the Secretary determines
that all officers on the list are needed in the next higher
grade to accomplish mission objectives.
``(D) For purposes of this paragraph, an all-fully-
qualified-officers list is a list of all officers on the
Space Force officers list in a grade who the Secretary of the
Air Force determines--
``(i) are fully qualified for promotion to the next higher
grade; and
``(ii) would be eligible for consideration for promotion to
the next higher grade by a selection board convened under
section 20211 of this title upon the convening of such a
board.
``(E) If the Secretary of the Air Force determines that one
or more officers or former officers were not placed on an
all-fully-qualified-list under this paragraph because of
administrative error, the Secretary may prepare a
supplemental all-fully-qualified-officers list containing the
names of any such officers for approval in accordance with
this paragraph.
``(b) Date of Rank.--The date of rank of an officer
appointed to a higher grade under this section is determined
under section 741(d) of this title.
``(c) Appointment Authority.--Appointments under this
section shall be made by the President, by and with the
advice and consent of the Senate, except that appointments
under this section in the grade of first lieutenant or
captain shall be made by the President alone.
``(d) Authority To Delay Appointments for Specified
Reasons.--The provisions of subsection (d) of section 624 of
this title shall apply to the appointment of an officer under
this section in the same manner as they apply to an
appointment of an officer under that section, and any
reference in that subsection to an active-duty list shall be
treated for purposes of applicability to an officer of the
Space Force as referring to the Space Force officer list.
``SUBCHAPTER IV--PERSONS NOT CONSIDERED FOR PROMOTION AND OTHER
PROMOTION-RELATED PROVISIONS
``Sec.
``20241. Persons not considered for promotion and other promotion-
related provisions.
``Sec. 20241. Persons not considered for promotion and other
promotion-related provisions
``Subchapter III of chapter 36 of this title shall apply to
officers of the Space Force.
``SUBCHAPTER V--APPLICABILITY OF OTHER LAWS
``Sec.
``20251. Applicability of certain DOPMA officer personnel policy
provisions.
``Sec. 20251. Applicability of certain DOPMA officer
personnel policy provisions
``Except as otherwise modified or provided for in this
chapter, the following provisions of chapter 36 of this title
(relating to promotion, separation, and involuntary
retirement of officers on the active-duty list) shall apply
to Space Force officers and officer promotions:
``(1) Subchapter I (relating to selection boards).
``(2) Subchapter II (relating to promotions).
``(3) Subchapter III (relating to failure of selection for
promotion and retirement for years of service).
``(4) Subchapter IV (relating to continuation on active
duty and selective early retirement).
``(5) Subchapter V (additional provisions relating to
promotion, separation, and retirement).
``(6) Subchapter VI (relating to alternative promotion
authority for officers in designated competitive
categories).''.
(d) Temporary (``brevet'') Promotions for Officers With
Critical Skills.--Section 605 of title 10, United States
Code, is amended as follows:
(1) Coverage of space force officers.--Subsections (a),
(b)(2)(A), (f)(1), and (f)(2) are amended by striking ``or
Marine Corps,'' each place it appears and inserting ``Marine
Corps, or Space Force,''.
(2) Disaggregation of air force maximum numbers.--
Subsection (g) is amended--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(B) by striking paragraph (2) and inserting the following
new paragraphs (2) and (3):
``(2) In the case of the Air Force--
``(A) as captain, 95;
``(B) as major, 305;
``(C) as lieutenant colonel, 165; and
``(D) as colonel, 75.
``(3) In the case of the Space Force--
``(A) as captain, 5;
``(B) as major, 20;
``(C) as lieutenant colonel, 10; and
``(D) as colonel, 5.''.
SEC. 1817. ENLISTED MEMBERS.
(a) In General.--Subtitle F of title 10, United States
Code, as amended by section 1716, is further amended by
adding at the end the following new chapter:
``CHAPTER 2007--ENLISTED MEMBERS
``Sec.
``20301. Original enlistments: qualifications; grade.
``20302. Enlisted members: term of enlistment.
``20303. Reference to chapter 31.
``Sec. 20301. Original enlistments: qualifications; grade
``(a) Original Enlistments.--
``(1) Authority to accept.--The Secretary of the Air Force
may accept original enlistments in the Space Force of
qualified, effective, and able-bodied persons.
``(2) Age.--A person accepted for original enlistment shall
be not less than seventeen years of age. However, no person
under eighteen years of age may be originally enlisted
without the written consent of the person's parent or
guardian, if the person has a parent or guardian entitled to
the person's custody and control.
``(b) Grade.--A person is enlisted in the Space Force in
the grade prescribed by the Secretary of the Air Force.
``Sec. 20302. Enlisted members: term of enlistment
``(a) Term of Original Enlistments.--The Secretary of the
Air Force may accept original enlistments of persons for the
duration of their minority or for a period of at least two
but not more than eight years in the Space Force.
``(b) Term of Reenlistments.--The Secretary of the Air
Force may accept a reenlistment in the Space Force for a
period determined in accordance with paragraphs (2), (3), and
(4) of section 505(d) of this title.
``Sec. 20303. Reference to chapter 31
``For other provisions of this title applicable to
enlistments in the Space Force, see chapter 31 of this
title.''.
(b) Amendments to Title 10 Chapter Relating to
Enlistments.--Chapter 31 of such title is amended as follows:
(1) Recruiting campaigns.--Section 503(a) is amended by
striking ``and Regular Coast Guard'' and inserting ``Regular
Coast Guard, and the Space Force''.
(2) Qualifications, term, grade.--Section 505 is amended--
(A) by striking ``Regular Space Force,'' each place it
appears; and
(B) by adding at the end the following new subsection:
``(e) For enlistments in the Space Force, see sections
20301 and 20302 of this title.''.
(3) Extension of enlistments during war.--Section 506 is
amended by striking ``Regular'' before ``Space Force''.
(4) Reenlistment.--Section 508 is amended striking
``Regular'' before ``Space Force'' both places it appears.
(5) Enlistment incentives for pursuit of skills to
facilitate national service.--Section 510(c) is amended--
(A) in paragraph (2), by inserting ``or the Space Force''
after ``Selected Reserve''; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively;
(ii) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) in the Space Force;''; and
(iii) in subparagraph (F), as so redesignated, by striking
``subparagraphs (A) through (D)'' and inserting
``subparagraphs (A) through (E)''.
(6) College first program.--Section 511(b)(1)(A) is amended
by inserting ``or as a member of the Space Force,'' after
``reserve component,''.
(7) Delayed entry program.--Section 513(a) is amended--
(A) by inserting, ``, or who is qualified under section
20301 of this title and applicable regulations for enlistment
in the Space Force,'' after ``armed force''; and
[[Page S4036]]
(B) by inserting ``, or be enlisted as a member of the
Space Force,'' after ``Coast Guard Reserve''.
(8) Effect upon enlisted status of acceptance of
appointment as cadet or midshipman.--Section 516(b) is
amended by inserting ``or in the Space Force,'' after ``armed
force''.
SEC. 1818. RETENTION AND SEPARATION GENERALLY.
(a) In General.--Subtitle F of title 10, United States
Code, as amended by section 1717, is further amended by
adding at the end the following new chapter:
``CHAPTER 2009--RETENTION AND SEPARATION GENERALLY
``Sec.
``20401. Applicability of certain provisions of law related to
separation.
``20402. Enlisted members: standards and qualifications for retention.
``20403. Officers: standards and qualifications for retention.
``20404. Selection of officers for early retirement or discharge.
``20405. Force shaping authority.
``Sec. 20401. Applicability of certain provisions of law
related to separation
``(a) Officer Separation.--Except as specified in this
section or otherwise modified in this chapter, the provisions
of chapter 59 of this title applicable to officers of a
regular component shall apply to officers of the Space Force.
``(b) Enlisted Member Separation.--Except as specified in
this section or otherwise modified in this chapter, the
provisions of chapter 59 of this title applicable to enlisted
members of a regular component shall apply to enlisted
members of the Space Force.
``(c) Separation Pay Upon Involuntary Discharge or Release
From Active Duty.--The provisions of section 1174 of this
title--
``(1) pertaining to a regular officer shall apply to a
Space Force officer serving on sustained duty;
``(2) pertaining to a regular enlisted member shall apply
to an enlisted member of the Space Force serving on sustained
duty; and
``(3) pertaining to other members shall apply to members of
the Space Force not serving on sustained duty.
``(d) Voluntary Separation Incentive.--The provisions of
section 1175 of this title pertaining to a voluntary
appointment, enlistment, or transfer to a reserve component
shall apply to the voluntary release from active duty of a
member of the Space Force on sustained duty.
``(e) Voluntary Separation Pay and Benefits.--The
provisions of section 1176 of this title--
``(1) pertaining to a regular enlisted member shall apply
to an enlisted member of the Space Force serving on sustained
duty; and
``(2) pertaining to a reserve enlisted member serving in an
active status shall apply to an enlisted member of the Space
Force serving in a Space Force active status or on sustained
duty.
``Sec. 20402. Enlisted members: standards and qualifications
for retention
``(a) Standards and Qualifications for Retention.--Subject
to such limitations as the Secretary of Defense may
prescribe, the Secretary of the Air Force shall, by
regulation, prescribe--
``(1) standards and qualifications for the retention of
enlisted members of the Space Force; and
``(2) equitable procedures for the periodic determination
of the compliance of each such member with those standards
and qualifications.
``(b) Effect of Failure To Comply With Standards and
Qualifications.--If an enlisted member serving in Space Force
active status fails to comply with the standards and
qualifications prescribed under subsection (a), the member
shall--
``(1) if qualified, be transferred to Space Force inactive
status;
``(2) if qualified, be retired in accordance with section
20603 of this title; or
``(3) have the member's enlistment terminated.
``Sec. 20403. Officers: standards and qualifications for
retention
``(a) Standards and Qualifications.--To be retained in an
active status, a Space Force officer must--
``(1) in any applicable yearly period, attain the number of
points specified under section 12732(a)(2) of this title; and
``(2) conform to such other standards and qualifications as
the Secretary may prescribe for officers of the Space Force.
``(b) Result of Failure To Comply.--A Space Force officer
who fails to attain the number of points prescribed under
subsection (a)(1), or to conform to the standards and
qualifications prescribed under subsection (a)(2), may be
referred to a board convened under section 20501(a) of this
title.
``Sec. 20404. Selection of officers for early retirement or
discharge
``(a) Consideration for Early Retirement.--The Secretary of
the Air Force may convene selection boards under section
20211(b) of this title to consider for early retirement
officers on the Space Force officer list as follows:
``(1) Officers in the grade of lieutenant colonel who have
failed of selection for promotion at least one time and whose
names are not on a list of officers recommended for
promotion.
``(2) Officers in the grade of colonel who have served in
that grade for at least two years and whose names are not on
a list of officers recommended for promotion.
``(3) Officers, other than those described in paragraphs
(1) and (2), holding a grade below the grade of colonel--
``(A) who are eligible for retirement under section 20601
of this title or who after two additional years or less of
active service would be eligible for retirement under that
section; and
``(B) whose names are not on a list of officers recommended
for promotion.
``(b) Consideration for Discharge.--
``(1) Subject to such limitations as the Secretary of
Defense may prescribe, the Secretary of the Air Force may
convene selection boards under section 20211 of this title to
consider for discharge officers on the Space Force officer
list--
``(A) who have served at least one year of active status in
the grade currently held;
``(B) whose names are not on a list of officers recommended
for promotion; and
``(C) who are not eligible to be retired under any
provision of law (other than by reason of eligibility
pursuant to section 4403 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484))
and are not within two years of becoming so eligible.
``(2) An officer who is recommended for discharge by a
selection board convened pursuant to the authority of
paragraph (1) and whose discharge is approved by the
Secretary of the Air Force shall be discharged on a date
specified by the Secretary.
``(3) Selection of officers for discharge under paragraph
(1) shall be based on the needs of the service.
``(c) Discharges and Retirements Considered To Be
Involuntary.--The discharge or retirement of an officer
pursuant to this section shall be considered to be
involuntary for purposes of any other provision of law.
``Sec. 20405. Force shaping authority
``(a) Authority.--The Secretary of the Air Force may,
solely for the purpose of restructuring the Space Force--
``(1) discharge an officer described in subsection (b); or
``(2) involuntarily release such an officer from sustained
duty.
``(b) Covered Officers.--(1) The authority under this
section may be exercised in the case of an officer of the
Space Force serving on sustained duty who--
``(A) has completed not more than six years of service as a
commissioned officer in the armed forces; or
``(B) has completed more than six years of service as a
commissioned officer in the armed forces, but has not
completed the minimum service obligation applicable to that
officer.
``(2) In this subsection, the term `minimum service
obligation', with respect to a member of the Space Force,
means the initial period of required active duty service
applicable to the member, together with any additional period
of required active duty service incurred by that member
during the member's initial period of required active duty
service.
``(c) Regulations.--The Secretary of the Air Force shall
prescribe regulations for the exercise of the Secretary's
authority under this section.''.
(b) Conforming Amendments.--Section 647 of title 10, United
States Code, is amended--
(1) in subsection (b)(1), by inserting ``(other than an
officer of the Space Force)'' after ``in the case of an
officer'';
(2) in subsection (c), by striking ``Regular Marine Corps,
of Regular Space Force'' and inserting ``or Regular Marine
Corps''; and
(3) by adding at the end the following new subsection:
``(e) Space Force.--For a similar provision with respect to
officers of the Space Force, see section 20405 of this
title.''.
SEC. 1819. SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE
OF DUTY OR FOR CERTAIN OTHER REASONS.
Subtitle F of title 10, United States Code, as amended by
section 1718, is further amended by adding at the end the
following new chapter:
``CHAPTER 2011--SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE OF
DUTY OR FOR CERTAIN OTHER REASONS
``Sec.
``20501. Authority to establish procedures to consider the separation
of officers for substandard performance of duty and for
certain other reasons.
``20502. Retention boards.
``20503. Removal of officer: action by secretary upon recommendation of
retention board.
``20504. Rights and procedures.
``20505. Officer considered for removal: voluntary retirement or
discharge.
``20506. Officers eligible to serve on retention boards.
``Sec. 20501. Authority to establish procedures to consider
the separation of officers for substandard performance of
duty and for certain other reasons
``(a) Procedures for Review of Record of Officers Relating
to Standards of Performance of Duty.--(1) The Secretary of
the Air Force shall prescribe, by regulation, procedures for
the review at any time of the record of any commissioned
officer (other than a retired officer) of the Space Force in
a Space Force active status to determine whether the officer
shall be required, because of a reason stated in paragraph
(2), to show cause for the officer's retention in a Space
Force active status.
[[Page S4037]]
``(2) The reasons referred to in paragraph (1) are the
following:
``(A) The officer's performance of duty has fallen below
standards prescribed by the Secretary of Defense.
``(B) The officer has failed to satisfy the standards and
qualifications established under section 20403 of this title
by the Secretary of the Air Force.
``(b) Procedures for Review of Record of Officers Relating
to Certain Other Reasons.--(1) The Secretary of the Air Force
shall prescribe, by regulation, procedures for the review at
any time of the record of any commissioned officer (other
than a retired officer) of the Space Force in a Space Force
active status to determine whether the officer should be
required, because of a reason stated in paragraph (2), to
show cause for the officer's retention in a Space Force
active status.
``(2) The reasons referred to in paragraph (1) are the
following:
``(A) Misconduct.
``(B) Moral or professional dereliction.
``(C) The officer's retention is not clearly consistent
with the interests of national security.
``(c) Secretary of Defense Limitations.--Regulations
prescribed by the Secretary of the Air Force under this
section are subject to such limitations as the Secretary of
Defense may prescribe.
``Sec. 20502. Retention boards
``(a) Convening of Boards To Consider Officers Required To
Show Cause.--The Secretary of the Air Force shall convene
retention boards at such times and places as the Secretary
may prescribe to receive evidence and make findings and
recommendations as to whether an officer who is required
under section 20501 of this title to show cause for retention
in a Space Force active status should be retained in a Space
Force active status. Each retention board shall be composed
of not less than three officers having the qualifications
prescribed by section 20506 of this title.
``(b) Fair and Impartial Hearing.--A retention board shall
give a fair and impartial hearing to each officer required
under section 20501 of this title to show cause for retention
in a Space Force active status.
``(c) Effect of Board Determination That an Officer Has
Failed To Establish That the Officer Should Be Retained.--(1)
If a retention board determines that the officer has failed
to establish that the officer should be retained in a Space
Force active status, the board shall recommend to the
Secretary of the Air Force one of the following:
``(A) That the officer be transferred to an inactive
status.
``(B) That the officer, if qualified under any provision of
law, be retired.
``(C) That the officer be discharged from the Space Force.
``(2) Under regulations prescribed by the Secretary of the
Air Force, an officer as to whom a retention board makes a
recommendation under paragraph (1) that the officer not be
retained in a Space Force active status may be required to
take leave pending the completion of the officer's case under
this chapter. The officer may be required to begin such leave
at any time following the officer's receipt of the report of
the retention board, including the board's recommendation for
removal from a Space Force active status, and the expiration
of any period allowed for submission by the officer of a
rebuttal to that report. The leave may be continued until the
date on which action by the Secretary of the Air Force on the
officer's case is completed or may be terminated at any
earlier time.
``(d) Effect of Board Determination That an Officer Has
Established That the Officer Should Be Retained.--(1) If a
retention board determines that the officer has established
that the officer should be retained in a Space Force active
status, the officer's case is closed.
``(2) An officer who is required to show cause for
retention in a Space Force active status under subsection (a)
of section 20501 of this title and who is determined under
paragraph (1) to have established that the officer should be
retained in a Space Force active status may not again be
required to show cause for retention in a Space Force active
status under such subsection within the one-year period
beginning on the date of that determination.
``(3)(A) Subject to subparagraph (B), an officer who is
required to show cause for retention in a Space Force active
status under subsection (b) of section 20501 of this title
and who is determined under paragraph (1) to have established
that the officer should be retained in a Space Force active
status may again be required to show cause for retention at
any time.
``(B) An officer who has been required to show cause for
retention in a Space Force active status under subsection (b)
of section 20501 of this title and who is thereafter retained
in an active status may not again be required to show cause
for retention in a Space Force active status under such
subsection solely because of conduct which was the subject of
the previous proceedings, unless the findings or
recommendations of the retention board that considered the
officer's previous case are determined to have been obtained
by fraud or collusion.
``(4) In the case of an officer described in paragraph (2)
or paragraph (3)(A), the retention board may recommend that
the officer be required to complete additional training,
professional education, or such other developmental programs
as may be available to correct any identified deficiencies
and improve the officer's performance within the Space Force.
``Sec. 20503. Removal of officer: action by Secretary upon
recommendation of retention board
``The Secretary of the Air Force may remove an officer from
Space Force active status if the removal of such officer from
Space Force active status is recommended by a retention board
convened under section 20502 of this title.
``Sec. 20504. Rights and procedures
``(a) In General.--Under regulations prescribed by the
Secretary of the Air Force, each officer required under
section 20501 of this title to show cause for retention in a
Space Force active status--
``(1) shall be notified in writing, at least 30 days before
the hearing of the officer's case by a retention board, of
the reasons for which the officer is being required to show
cause for retention in a Space Force active status;
``(2) shall be allowed a reasonable time, as determined by
the board, to prepare the officer's showing of cause for
retention in a Space Force active status;
``(3) shall be allowed to appear either in person or
through electronic means and to be represented by counsel at
proceedings before the board; and
``(4) shall be allowed full access to, and shall be
furnished copies of, records relevant to the officer's case,
except that the board shall withhold any record that the
Secretary determines should be withheld in the interest of
national security.
``(b) Summary of Records Withheld in Interest of National
Security.--When a record is withheld under subsection (a)(4),
the officer whose case is under consideration shall, to the
extent that the interest of national security permits, be
furnished a summary of the record so withheld.
``Sec. 20505. Officer considered for removal: voluntary
retirement or discharge
``(a) In General.--At any time during proceedings under
this chapter with respect to the removal of an officer from a
Space Force active status, the Secretary of the Air Force may
grant a request by the officer--
``(1) for voluntary retirement, if the officer is qualified
for retirement; or
``(2) for discharge in accordance with subsection (b)(2).
``(b) Retirement or Discharge.--An officer removed from a
Space Force active status under section 20503 of this title
shall--
``(1) if eligible for voluntary retirement under any
provision of law on the date of such removal, be retired in
the grade and with the retired pay for which the officer
would be eligible if retired under such provision; and
``(2) if ineligible for voluntary retirement under any
provision of law on the date of such removal--
``(A) be honorably discharged in the grade then held, in
the case of an officer whose case was brought under
subsection (a) of section 20501 of this title; or
``(B) be discharged in the grade then held, in the case of
an officer whose case was brought under subsection (b) of
section 20501 of this title.
``(c) Separation Pay for Discharged Officer.--An officer
who is discharged under subsection (b)(2) is entitled, if
eligible therefor, to separation pay under section 1174(a)(2)
of this title.
``Sec. 20506. Officers eligible to serve on retention boards
``(a) In General.--The provisions of section 1187 of this
title apply to the membership of boards convened under this
chapter in the same manner as to the membership of boards
convened under chapter 60 of this title.
``(b) Retired Air Force Officers.--
``(1) Authority.--In applying subsection (b) of section
1187 of this title to a board convened under this chapter,
the Secretary of the Air Force may appoint retired officers
of the Air Force, in addition to retired officers of the
Space Force, to complete the membership of the board.
``(2) Limitation.--A retired officer of the Air Force may
be appointed to a board under paragraph (1) only if the
officer served in a space-related career field of the Air
Force for sufficient time such that the Secretary of the Air
Force determines that the retired Air Force officer has
adequate knowledge concerning the standards of performance
and conduct required of an officer of the Space Force.''.
SEC. 1820. RETIREMENT.
(a) In General.--Subtitle F of title 10, United States
Code, as amended by section 1719, is further amended by
adding at the end the following new chapter:
``CHAPTER 2013--VOLUNTARY RETIREMENT FOR LENGTH OF SERVICE
``Sec.
``20601. Officers: voluntary retirement for length of service.
``20602. Officers: computation of years of service for voluntary
retirement.
``20603. Enlisted members: voluntary retirement for length of service.
``20604. Enlisted members: computation of years of service for
voluntary retirement.
``20605. Applicability of other provisions of law relating to
retirement.
[[Page S4038]]
``Sec. 20601. Officers: voluntary retirement for length of
service
``(a) Twenty Years or More.--The Secretary of the Air Force
may, upon the officer's request, retire a commissioned
officer of the Space Force who has at least 20 years of
service computed under section 20602 of this title, at least
10 years of which have been active service as a commissioned
officer.
``(b) Thirty Years or More.--A commissioned officer of the
Space Force who has at least 30 years of service computed
under section 20602 of this title may be retired upon the
officer's request, in the discretion of the President.
``(c) Forty Years or More.--Except as provided in section
20503 of this title, a commissioned officer of the Space
Force who has at least 40 years of service computed under
section 20602 of this title shall be retired upon the
officer's request.
``Sec. 20602. Officers: computation of years of service for
voluntary retirement
``(a) Years of Active Service.--For the purpose of
determining whether an officer of the Space Force may be
retired under section 20601 of this title, the officer's
years of service are computed by adding all active service in
the armed forces.
``(b) Reference to Section Excluding Service During Certain
Periods.--Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.
``Sec. 20603. Enlisted members: voluntary retirement for
length of service
``(a) Twenty to Thirty Years.--Under regulations to be
prescribed by the Secretary of the Air Force, an enlisted
member of the Space Force who has at least 20, but less than
30, years of service computed under section 20604 of this
title may, upon the member's request, be retired.
``(b) Thirty Years or More.--An enlisted member of the
Space Force who has at least 30 years of service computed
under section 20604 of this title shall be retired upon the
member's request.
``Sec. 20604. Enlisted members: computation of years of
service for voluntary retirement
``(a) Years of Active Service.--For the purpose of
determining whether an enlisted member of the Space Force may
be retired under section 20603 of this title, the member's
years of service are computed by adding all active service in
the armed forces.
``(b) Reference to Section Excluding Counting of Certain
Service Required To Be Made up.--Time required to be made up
under section 972(a) of this title may not be counted in
computing years of service under subsection (a).
``Sec. 20605. Applicability of other provisions of law
relating to retirement
``(a) Applicability to Members of the Space Force.--Except
as specifically provided for by this chapter, the provisions
of this title specified in subsection (b) apply to members of
the Space Force as follows:
``(1) Provisions pertaining to an officer of the Air Force
shall apply to an officer of the Space Force.
``(2) Provisions pertaining to an enlisted member of the
Air Force shall apply to an enlisted member of the Space
Force.
``(3) Provisions pertaining to a regular officer shall
apply to an officer who is on sustained duty in the Space
Force.
``(4) Provisions pertaining to a regular enlisted member
shall apply to an enlisted member who is on sustained duty in
the Space Force.
``(5) Provisions pertaining to a reserve officer shall
apply to an officer who is in a Space Force active status but
not on sustained duty.
``(6) Provisions pertaining to a reserve enlisted member
shall apply to an enlisted member who is in a Space Force
active status but not on sustained duty.
``(7) Provisions pertaining to service in a regular
component shall apply to service on sustained duty.
``(8) Provisions pertaining to service in a reserve
component shall apply to service in a Space Force active
status not on sustained duty.
``(9) Provisions pertaining to a member of the Ready
Reserve shall apply to a member of the Space Force who is in
a Space Force active status prior to being ordered to active
duty.
``(10) Provisions pertaining to a member of the Retired
Reserve shall apply to a member of the Space Force who has
retired under chapter 1223 of this title.
``(b) Provisions of Law.--The provisions of this title
referred to in subsection (a) are the following:
``(1) Chapter 61, relating to retirement or separation for
physical disability.
``(2) Chapter 63, relating to retirement for age.
``(3) Chapter 69, relating to retired grade.
``(4) Chapter 71, relating to computation of retired pay.
``(5) Chapter 941, relating to retirement from the Air
Force for length of service.
``(6) Chapter 945, relating to computation of retired pay.
``(7) Chapter 1223, relating to retired pay for non-regular
service.
``(8) Chapter 1225, relating to retired grade.''.
(b) Conforming Amendments.--Title 10, United States Code,
is amended as follows:
(1) Retired members ordered to active duty.--Section 688(b)
is amended--
(A) in paragraph (1), by striking ``Regular Marine Corps,
or Regular Space Force'' and inserting ``or Regular Marine
Corps''; and
(B) by adding at the end the following new paragraph:
``(4) A retired member of the Space Force.''.
(2) Retired grade.--Section 9341 is amended--
(A) in subsection (a), by striking ``or the Space Force''
both places it appears;
(B) in subsection (b), by striking ``or a Regular or
Reserve of the Space Force''; and
(C) by adding at the end the following new subsection:
``(c) Space Force.--(1) The retired grade of a commissioned
officer of the Space Force who retires other than for
physical disability is determined under section 1370 or 1370a
of this title, as applicable to the officer.
``(2) Unless entitled to a higher retired grade under some
other provision of law, a member of the Space Force not
covered by paragraph (1) who retires other than for physical
disability retires in the grade that the member holds on the
date of the member's retirement.''.
(3) Retired grade of enlisted members after 30 years of
service.--Section 9344(b)(2) is amended by striking
``Regular'' before ``Space Force''.
(4) Retired lists.--Section 9346 is amended--
(A) in subsection (a), by striking ``or the Regular Space
Force'' and inserting ``and a separate retired list
containing the name of each retired commissioned officer of
the Space Force (other than an officer whose name is on the
list maintained under subsection (b)(2))'';
(B) in subsection (b)--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(ii) by inserting ``(1)'' after ``(b)'';
(iii) in subparagraph (A), as redesignated by clause (i),
by striking ``, or for commissioned officers of the Space
Force other than of the Regular Space Force'';
(iv) in subparagraph (B), as so redesignated, by striking
``or the Space Force''; and
(v) by adding at the end the following new paragraph:
``(2) The Secretary shall maintain a retired list
containing the name of--
``(A) each person entitled to retired pay who as a member
of the Space Force qualified for retirement under section
20601 of this title; and
``(B) each retired warrant officer or enlisted member of
the Space Force who is advanced to a commissioned grade.'';
(C) in subsection (c), by striking ``or the Space Force''
and inserting ``and a separate retired list containing the
name of each retired warrant officer of the Space Force'';
and
(D) in subsection (d), by striking ``or the Regular Space
Force'' and inserting ``and a separate retired list
containing the name of each retired enlisted member of the
Space Force''.
Subtitle B--Conforming Amendments Related to Space Force Military
Personnel System
SEC. 1831. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE
PROVISIONS OF TITLE 10, UNITED STATES CODE.
(a) Provisions Relating to Personnel.--Part II of subtitle
D of title 10, United States Code, is amended as follows:
(1) Gender-free basis for acceptance of original
enlistments.--
(A) Section 9132 is amended by striking ``Regular'' before
``Space Force''.
(B) The heading of such section is amended by striking
``regular space force'' and inserting ``space force''.
(2) Reenlistment after service as an officer.--
(A) Section 9138(a) is amended by striking ``Regular''
before ``Space Force'' both places it appears.
(B) The heading of section 9138 is amended by striking
``regular space force'' and inserting ``space force''.
(3) Warrant officers: original appointment;
qualifications.--Section 9160 is amended by striking
``Regular'' before Space Force''.
(4) Service as an officer to be counted as enlisted
service.--Section 9252 is amended by striking ``Regular''
before ``Space Force''.
(5) Chapter heading.--
(A) The heading of chapter 915 is amended to read as
follows:
``CHAPTER 915--APPOINTMENTS IN THE REGULAR AIR FORCE AND IN THE SPACE
FORCE''.
(B) The tables of chapters at the beginning of subtitle D,
and at the beginning of part II of subtitle D of such title,
are each amended by striking the item relating to chapter 915
and inserting the following new item:
``915. Appointments in the Regular Air Force and in the Space Force
9151.''.
(b) Provisions Relating to Training Generally.--Section
9401 of such title is amended--
(1) in subsection (b)--
(A) by striking ``or the Regular Space Force'' after
``Regular Air Force''; and
(B) by inserting ``or one of the Space Force in a Space
Force active status not on sustained duty,'' after ``on the
active-duty list,'';
(2) in subsection (c)--
(A) by striking ``or Reserve of the Space Force'' and
inserting ``or member of the Space Force in a Space Force
active status not on sustained duty''; and
[[Page S4039]]
(B) by striking ``the Reserve's consent'' and inserting
``the member's consent''; and
(3) in subsection (f)--
(A) by striking ``the Regular Space Force'' and inserting
``of Space Force members on sustained duty''; and
(B) by striking ``the Space Force Reserve'' and inserting
``of Space Force members in an active status not on sustained
duty''.
(c) Provisions Relating to the Air Force Academy.--Chapter
953 of such title is amended as follows:
(1) Permanent professors; director of admissions.--Section
9436 is amended--
(A) in subsection (a)--
(i) by striking ``the equivalent grade in'' both places it
appears;
(ii) by inserting ``or the Space Force'' after ``Regular
Air Force'' the first place it appears;
(iii) by striking ``and a permanent'' and all that follows
through ``in the Regular Air Force''; and
(B) in subsection (b)--
(i) by striking ``the equivalent grade in'' both places it
appears and inserting ``the grade of lieutenant colonel in'';
and
(ii) by striking ``Regular Space Force has the grade
equivalent to the grade of colonel in the Regular Air Force''
and inserting ``Space Force has the grade of colonel in the
Space Force''.
(2) Appointment of cadets.--Section 9442(b) is amended--
(A) in paragraph (1)(C), by inserting ``, or the Space
Force,'' after ``members of reserve components''; and
(B) in paragraph (2), by striking ``Regular'' before
``Space Force''.
(3) Agreement of cadets to serve as officers.--Section
9448(a) is amended--
(A) in paragraph (2)(A), by striking ``Regular'' before
``Space Force''; and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by inserting
``, or to terminate the officer's order to sustained duty in
the Space Force'' after ``resign as a regular officer'';
(ii) in subparagraph (A), by striking ``or as a Reserve in
the Space Force for service in the Space Force Reserve'' and
inserting ``or will accept further assignment in a Space
Force active status''; and
(iii) in subparagraph (B), by inserting ``, or the Space
Force,'' after ``that reserve component''.
(4) Hazing.--Section 9452(c) is amended by striking
``Marine Corps, or Space Force,'' and inserting, ``or Marine
Corps, or in the Space Force,''.
(5) Commission upon graduation.--Section 9453(b) is
amended--
(A) by striking ``or in the equivalent grade in the Regular
Space Force''; and
(B) by inserting before the period the following: ``or a
second lieutenant in the Space Force under section 531 or
20201 of this title''.
(d) Provisions Relating to Schools and Camps.--Chapter 957
of such title is amended as follows:
(1) Purpose.--Section 9481 is amended--
(A) by striking ``to qualify them for appointment'' and
inserting ``to qualify them for--
``(1) appointment'';
(B) by striking ``or the Space Force Reserve.'' and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(2) appointment as officers, or enlistment as
noncommissioned officers, for service in the Space Force in a
Space Force active status.''.
(2) Operation.--Section 9482(4) is amended by striking ``or
the Regular Space Force'' and inserting ``or members of the
Space Force in an active status''.
SEC. 1832. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED
STATES CODE.
(a) Provisions Relating to Organization and General
Military Powers.--Part I of subtitle A of title 10, Untied
States Code, is amended as follows:
(1) Annual defense manpower report.--Section 115a(d)(3)(F)
is amended by inserting before the period the following:
``or, in the case of the Space Force, officers ordered to
active duty other than under section 20105(b) of this
title''.
(2) Suspension of end-strength and other strength
limitations in time of war or national emergency.--Section
123a(a)(2) is amended by inserting ``or the Space Force''
after ``a reserve component''.
(3) Deputy commander of usnorthcom.--Section 164(e)(4) is
amended--
(A) by inserting ``(A)'' after ``(4)'';
(B) by striking ``shall be a'' and all that follows through
the period at the end and inserting ``shall be--
``(i) a qualified officer of a reserve component who is
eligible for promotion to the grade of lieutenant general or,
in the case of the Navy, vice admiral; or
``(ii) a qualified officer of the Space Force whose prior
service includes service in a Space Force active status other
than sustained duty and who is eligible for promotion to the
grade of lieutenant general.''; and
(C) by adding at the end the following new subparagraph:
``(B) The requirement in subparagraph (A) does not apply
when the officer serving as commander of the combatant
command described in that subparagraph is--
``(i) a reserve component officer; or
``(ii) an officer of the Space Force whose prior service
includes service in a Space Force active status other than
sustained duty.''.
(4) Readiness reports.--Section 482(a) is amended by
inserting ``and the Space Force'' after ``active and reserve
components'' both places it appears.
(b) Dopma Officer Personnel Provisions.--Chapter 36 of such
title is amended as follows:
(1) Nondisclosure of board proceedings.--Section 613a is
amended by striking ``573, 611, or 628'' both places it
appears and inserting ``573, 611, 628, or 20211''.
(2) Information furnished to selection boards.--Section
615(a) is amended--
(A) in paragraph (1), by inserting ``or 20211'' after
``section 611(a)''; and
(B) in paragraph (3)--
(i) in subparagraph (B)(i), by striking ``regular officer''
and all that follows through the period at the end and
inserting ``regular officer or an officer in the Space Force,
a grade above captain or, in the case of the Navy,
lieutenant.''; and
(ii) in subparagraph (D)--
(I) by striking ``major general,'' and inserting ``major
general or''; and
(II) by striking ``or, in the case of the Space Force, the
equivalent grade,''.
(3) Eligibility for consideration for promotion: time-in-
grade and other requirements.--Section 619(a) is amended by
striking ``Marine Corps, or Space Force'' each place it
appears and inserting ``or Marine Corps''.
(4) Authority to vacate promotions to grades of brigadier
general and rear admiral (lower half).--Section 625(b) is
amended--
(A) by striking ``Marine Corps, or Space Force'' and
inserting ``or Marine Corps''; and
(B) by adding at the end the following new sentence: ``An
officer of the Space Force whose promotion is vacated under
this section holds the grade of colonel.''.
(5) Acceptance of promotions; oath of office.--Section 626
is amended by striking ``section 624'' both places it appears
and inserting ``section 624 or 20241''.
(6) Special selection review board.--Section 628a is
amended--
(A) in subsection (a)(1)(A)--
(i) by striking ``major general,'' and inserting ``major
general or''; and
(ii) by striking ``, or an equivalent grade in the Space
Force'';
(B) in subsection (e)(2), by adding at the end the
following new sentence: ``However, in the case of an officer
on the Space Force officer list, the provisions of section
618 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 report and proceedings of a
promotion board convened under section 20211 of this
title.''; and
(C) in subsection (f)(1), by adding at the end the
following new sentence: ``However, 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 an officer on the Space Force officer
list who was referred to it for review under this section,
and the President approves the report, the officer shall, as
soon as practicable, be appointed to the grade in accordance
with subsections (b) and (c) of section 20241 of this
title.''.
(7) Removal from list of officers recommended for
promotion.--Section 629 is amended--
(A) in subsection (b), by inserting ``or 20241(c)'' after
``section 624(c)''; and
(B) in subsection (c)--
(i) by inserting ``or 20241(a)'' after ``section 624(a)''
both places it appears; and
(ii) by inserting ``or 20241(c)'' after ``section 624(c)''
both places it appears.
(8) Retirement for years of service.--
(A) Lieutenant colonels.--Section 633(a) is amended--
(i) by inserting ``(1)'' before ``Except as'';
(ii) by striking ``Regular Marine Corps, or Regular Space
Force'' and inserting ``or Regular Marine Corps''; and
(iii) by adding at the end the following new paragraph:
``(2) Except as provided under section 637(b) or 637a of
this title, each officer of the Space Force who holds the
grade of lieutenant colonel who is not on a list of officers
recommended for promotion to the grade of colonel shall, if
not earlier retired, be retired on the first day of the month
after the month in which the officer completes 28 years of
active commissioned service.''.
(B) Colonels.--Section 634(a) is amended--
(i) by inserting ``(1)'' before ``Except as'';
(ii) by striking ``Regular Marine Corps, or Regular Space
Force'' and inserting ``or Regular Marine Corps''; and
(iii) by adding at the end the following new paragraph:
``(2) Except as provided under section 637(b) or 637a of
this title, each officer of the Space Force who holds the
grade of colonel who is not on a list of officers recommended
for promotion to the grade of brigadier general shall, if not
earlier retired, be retired on the first day of the month
after the month in which the officer completes 30 years of
active commissioned service.''.
(C) Brigadier generals.--Section 635 is amended--
(i) by inserting ``(a) Army, Navy, Air Force, and Marine
Corps'' before ``Except as'';
(ii) by striking ``Regular Marine Corps, or Regular Space
Force'' and inserting ``or Regular Marine Corps''; and
(iii) by adding at the end the following new subsection:
``(b) Space Force.--Except as provided under section 637(b)
or 637a of this title, each officer of the Space Force who
holds the
[[Page S4040]]
grade of brigadier general who is not on a list of officers
recommended for promotion to the grade of major general
shall, if not earlier retired, be retired as specified in
subsection (a).''.
(D) Officers in grades above brigadier general.--Section
636(a) is amended--
(i) by inserting ``(1)'' before ``Except as'';
(ii) by striking ``Regular Marine Corps, or Regular Space
Force'' and inserting ``or Regular Marine Corps''; and
(iii) by adding at the end the following new paragraph:
``(2) Except as provided in subsection (b) or (c) and under
section 637(b) or 637a of this title, each officer of the
Space Force who holds the grade of major general shall, if
not earlier retired, be retired as specified in paragraph
(1).''.
(E) Section headings.--
(i) The heading of section 633 is amended by striking
``lieutenant colonels and'' and inserting ``and space force
lieutenant colonels; regular navy''.
(ii) The heading of section 634 is amended by striking
``colonels and'' and inserting ``and space force colonels;
regular''.
(iii) The heading of section 635 is amended by striking
``brigadier generals and'' and inserting ``and space force
brigadier generals; regular navy''.
(iv) The heading of section 636 is amended by striking
``officers in grades above brigadier general and'' and
inserting ``and space force officers in grades above
brigadier general; regular navy officers in grades above''.
(c) Management Policies for Joint Qualified Officers.--
Section 661(a) of such title is amended--
(1) by striking ``Marine Corps, and Space Force'' and
inserting ``and Marine Corps''; and
(2) by inserting ``, and officers of the Space Force on the
Space Force officer list,'' after ``active-duty list''.
(d) Leave.--Chapter 40 of such title is amended as follows:
(1) Entitlement and accumulation.--Section 701 is amended--
(A) in subsection (h)--
(i) by inserting at the end of paragraph (2) the following
new subparagraph:
``(D) A member of the Space Force in a Space Force active
status on sustained duty or subject to a call or order to
active duty for a period in excess of 12 months.''; and
(ii) in paragraphs (5)(B) and (6), by inserting ``, or of
the Space Force,'' after ``member of a reserve component'';
and
(B) in subsection (i), by inserting ``, or of the Space
Force,'' after ``member of a reserve component''.
(2) Payment upon disapproval of certain board of inquiry
recommendations for excess leave required to be taken.--
Section 707a(a)(1) is amended by inserting ``or 20503'' after
``section 1182(c)(2)''.
(3) Career flexibility to enhance retention of members.--
Section 710 is amended--
(A) in subsection (a), by inserting ``or of the Space
Force'' after ``regular components'';
(B) in subsection (b)(2), by inserting ``, or a Space Force
officer in a Space Force active status not on active duty
under section 20105(b) of this title,'' after ``officer'';
(C) in subsection (c)(1), by inserting before the period at
the end the following: ``or, in the case of a member of the
Space Force on sustained duty, to accept release from
sustained duty orders and to serve in a Space Force active
status''; and
(D) in subsection (g)(1)(A), by striking ``chapter 36 or
1405'' and inserting ``chapter 36, 1405, or 2005''.
(e) Limitation on Number of Officers Who May Be Frocked to
a Higher Grade.--Section 777(d)(2) of such title is amended
by inserting ``, or for the Space Force, the Space Force
officer list,'' after ``active-duty list''.
(f) Uniform Code of Military Justice.--Chapter 47 of such
title (the Uniform Code of Military Justice), is amended as
follows:
(1) Persons subject to ucmj.--Section 802 (article 2) is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and members of the
Space Force on active duty under section 20105 of this
title,'' after ``regular component of the armed forces,'';
(ii) in paragraph (3)(A)(i), by inserting ``or the Space
Force'' after ``reserve component'';
(iii) in paragraph (5), by inserting ``, or retired members
of the Space Force who qualified for a non-regular retirement
and are receiving retired pay,'' after ``a reserve
component''; and
(iv) by adding at the end the following new paragraph:
``(14) Retired members of the Space Force who qualified for
a regular retirement under section 20603 of this title and
are receiving retired pay.''; and
(B) in subsection (d)--
(i) in paragraph (1), by inserting ``or the Space Force''
after ``reserve component'';
(ii) in paragraph (2), by inserting ``or the Space Force''
after ``a reserve component''; and
(iii) in paragraph (4), by inserting ``or the Space Force''
after ``in a regular component of the armed forces''.
(2) Jurisdiction to try certain personnel.--Subsection (d)
of section 803 (article 3) is amended by inserting, ``or the
Space Force'' after ``reserve component''.
(3) Articles to be explained.--Section 937 (article 137) is
amended--
(A) in subsection (a)(1)--
(i) by striking ``or'' at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(iii) by adding at the end the following new subparagraph:
``(C) the member's initial entrance on active duty or into
a Space Force active status.'';
(B) in subsection (a)(2)--
(i) by striking ``and'' at the end of subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) after a member of Space Force has completed six
months of sustained duty or in the case of a member not on
sustained duty, after the member has completed basic or
recruit training; and'';
(C) in subsection (b)(1)(B), by inserting ``or the Space
Force'' after ``in a reserve component''; and
(D) in subsection (d)(1), by striking ``or to a member of a
reserve component,'' and inserting ``, to a member of a
reserve component, or to a member of the Space Force,''.
(g) Restriction on Performance of Civil Functions by
Officers on Active Duty.--Section 973(b)(1) of such title 10
is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) to an officer on the Space Force officer list serving
on active duty under section 20105(b) of this title or under
a call or order to active duty for a period in excess of 270
days.''.
(h) Use of Commissary Stores and Mwr Retail Facilities.--
Section 1063 of such title is amended--
(1) in subsection (c)--
(A) in the heading, by inserting ``and Space Force'' after
``Reserve''; and
(B) by inserting ``or the Space Force'' after ``reserve
component'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Members of the Space Force.--A member of the Space
Force in a Space Force active status who is not on sustained
duty shall be permitted to use commissary stores and MWR
retail facilities under the same conditions as specified in
subsection (a) for a member of the Selected Reserve.''; and
(4) in subsection (e), as redesignated by paragraph (2), by
striking ``subsection (a) or (b)'' in paragraph (1) and
inserting ``subsection (a), (b), or (d)''.
(i) Members Involuntary Separated.--
(1) Eligibility for certain benefits and services.--Section
1141 of such title is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(5) in the case of an officer of the Space Force (other
than a retired officer), the officer is involuntarily
discharged or released from active duty under other than
adverse conditions, as characterized by the Secretary of the
Air Force; and
``(6) in the case of an enlisted member of the Space Force,
the member is--
``(A) denied reenlistment; or
``(B) involuntarily discharged or released from active duty
under other than adverse conditions, as characterized by the
Secretary of the Air Force.''.
(2) Separation pay.--Section 1174(a)(2) of such title is
amended by striking ``, Marine Corps, or Space Force'' both
places it appears and inserting ``or Marine Corps''.
(j) Boards for the Correction of Military Records.--Chapter
79 of such title is amended as follows:
(1) Review of actions of selection boards and correction of
military records.--Section 1558 is amended--
(A) inserting ``, or the Space Force,'' after ``reserve
component'' each place it appears; and
(B) in subsection (b)--
(i) in paragraph (1)(C), by striking ``section 628 or
14502'' and inserting ``section 628, 14502, or 20252'';
(ii) in paragraph (2)(A), by striking ``or 14705'' and
inserting ``14507, or 20403''; and
(iii) in paragraph (2)(B)(i), by striking ``or 14101(a)''
and inserting ``14101(a), or 20211''.
(2) Title of air force service review agency.--
(A) Sections 1555(c)(3) and 1557(f)(3) are amended by
inserting ``the Department of'' after ``Air Force,''.
(B) Section 1556(a) is amended by inserting ``the
Department of'' after ``the Army Review Boards Agency,''.
(C) Section 1559(c)(3) is amended by inserting ``the
Department of'' after ``Air Force,''.
(k) Military Family Programs.--Chapter 88 of such title is
amended as follows:
(1) Members of department of defense military readiness
council.--Section 1781a(b)(1)(B)(iii) is amended---
(A) by striking ``member and'' and inserting ``member,'';
and
(B) by inserting ``, and one of whom shall be the spouse or
parent of a member of the Space Force'' after ``parent of a
reserve component member''.
(2) Department of defense policy and plans for military
family readiness.--Section 1781b is amended--
[[Page S4041]]
(A) in subsection (b)(3), by striking ``military families
of members of the regular components and military families of
members of the reserve components'' and inserting ``military
families of members of the regular components, the reserve
components, and the Space Force''; and
(B) in subsection (c)(2)--
(i) by striking ``both''; and
(ii) by striking ``military families of members of the
regular components and military families of members of the
reserve components'' and inserting ``military families of
members of the regular components, members of the reserve
components, and members of the Space Force''.
(l) Training and Education Programs.--
(1) Payment of tuition for off-duty training or
education.--Section 2007 of such title is amended by adding
at the end the following new subsection:
``(g) The provisions of this section pertaining to members
of the Ready Reserve, the Selected Reserve, or the Individual
Ready Reserve also apply to members of the Space Force in a
Space Force active status who are not on active duty.''.
(2) Rotc financial assistant program for specially selected
members.--Section 2107 of such title is amended--
(A) in subsection (a)--
(i) by striking ``Navy,'' and inserting ``Navy or''; and
(ii) by striking ``Marine Corps, or as an officer in the
equivalent grade in the Space Force'' and inserting ``or
Marine Corps''; and
(B) by adding at the end the following new subsection:
``(k) Applicability to Space Force.--(1) Provisions of this
section referring to a regular commission, regular officer,
or a commission in a regular component shall be treated as
also referring to the commission of an officer, or an
officer, who is a commissioned officer in the Space Force
serving on active duty pursuant to section 20105(b) of this
title.
``(2) Provisions of this section referring to a reserve
commission, reserve officer, or a commission in a reserve
component shall be treated as also referring to the
commission of an officer, or an officer, who is a
commissioned officer in the Space Force not serving on active
duty pursuant to section 20105(b) of this title.''.
(3) Duty as rotc administrators and instructors.--Section
2111 of such title is amended by adding at the end the
following new sentence: ``The Secretary of the Air Force may
detail members of the Space Force in the same manner as
regular and reserve members of the Air Force.''.
SEC. 1833. TITLE 38, UNITED STATES CODE (VETERANS' BENEFITS).
(a) Definitions.--
(1) General definitions.--Section 101 of title 38, United
States Code, is amended--
(A) in paragraph (23), by inserting ``, or for members of
the Space Force in a Space Force active status (as defined in
section 101(e)(1) of title 10),'' after ``(including
commissioned officers of the Reserve Corps of the Public
Health Service)'' both places it appears; and
(B) in paragraph (27)--
(i) by striking subparagraph (E); and
(ii) by redesignating subparagraphs (F), (G), and (H) as
subparagraphs (E), (F), and (G), respectively.
(2) Definitions for purposes of sgli.--Section 1965 of such
title is amended--
(A) in paragraph (2)(A), by inserting ``, or by members of
the Space Force in a Space Force active status (as defined in
section 101(e)(1) of title 10) but not on sustained duty
under section 20105 of title 10,'' after ``for Reserves'';
and
(B) in paragraph (3)(A), by inserting ``, or for members of
the Space Force in a Space Force active status (as defined in
section 101(e)(1) of title 10),'' after ``(including
commissioned officers of the Reserve Corps of the Public
Health Service)''.
(b) Persons Eligible for Interment in National
Cemeteries.--Section 2402(a) of such title is amended in
paragraph (2), by inserting ``any member of the Space
Force,'' after ``a Reserve component of the Armed Forces,''.
(c) Educational Assistance.--
(1) Montgomery gi bill.--Section 3011(a)(3)(D) of such
title is amended by inserting ``or for further service in the
Space Force in a Space Force active status not on sustained
duty under section 20105 of title 10'' after ``of the Armed
Forces,''.
(2) Post 9-11 gi bill.--Section 3311(c)(3) of such title is
amended by inserting ``, or for further service in the Space
Force in a Space Force active status not on sustained duty
under section 20105 of title 10,'' after ``of the Armed
Forces'' the second place it appears.
Subtitle C--Transition Provisions
SEC. 1841. TRANSITION PERIOD.
In this subtitle, the term ``transition period'' means the
period beginning on the date of the enactment of this Act and
ending on the last day of the fourth fiscal year beginning
after the date of the enactment of this Act.
SEC. 1842. CHANGE OF DUTY STATUS OF MEMBERS OF THE SPACE
FORCE.
(a) Change of Duty Status.--
(1) Conversion of status and order to sustained duty.--
During the transition period, the Secretary of the Air Force
shall change the duty status of each member of the Regular
Space Force to Space Force active status and shall, at the
same time, order the member to sustained duty under section
20105 of title 10, United States Code, as added by section
1715 of this Act. Any such order may be made without regard
to any otherwise applicable requirement that such an order be
made only with the consent of the member or as specified in
an enlistment agreement or active-duty service commitment.
(2) Definitions.--For purposes of this section, the terms
``Space Force active status'' and ``sustained duty'' have the
meanings given those terms by subsection (e) of section 101
of title 10, United States Code, as added by section 1713(a).
(b) Effective Date of Change of Duty Status.--The change of
a member's duty status and order to sustained duty in
accordance with subsection (a) shall be effective on the date
specified by the Secretary of the Air Force, but not later
than the last day of the transition period.
SEC. 1843. TRANSFER TO THE SPACE FORCE OF MEMBERS OF THE AIR
FORCE RESERVE AND THE AIR NATIONAL GUARD.
(a) Transfer of Members of the Air Force Reserve.--
(1) Officers.--During the transition period, the Secretary
of Defense may, with the officer's consent, transfer a
covered officer of the Air Force Reserve or the Air National
Guard to, and appoint the officer in, the Space Force.
(2) Enlisted members.--During the transition period, the
Secretary of the Air Force may transfer each covered enlisted
member of the Air Force Reserve or the Air National Guard to
the Space Force, other than those members who do not consent
to the transfer.
(3) Effective date of transfers.--Each transfer under this
subsection shall be effective on the date specified by the
Secretary of Defense, in the case of an officer, or the
Secretary of the Air Force, in the case of an enlisted
member, but not later than the last day of the transition
period.
(b) Regulations.--Transfers under subsection (a) shall be
carried out under regulations prescribed by the Secretary of
Defense. In the case of an officer, applicable regulations
shall include those prescribed pursuant to section 716 of
title 10, United States Code.
(c) Term of Initial Enlistment in Space Force.--In the case
of a covered enlisted member who is transferred to the Space
Force in accordance with subsection (a), the Secretary of the
Air Force may accept the initial enlistment of the member in
the Space Force for a period of less than 2 years, but only
if the period of enlistment in the Space Force is not less
than the period remaining, as of the date of the transfer, in
the member's term of enlistment in the Air Force Reserve.
(d) End Strength Adjustments Upon Transfers From Air Force
Reserve or Air National Guard to Space Force.--During the
transition period, upon the transfer of a mission of the Air
Force Reserve or the Air National Guard to the Space Force--
(1) the end strength authorized for the Space Force
pursuant to section 115(a)(1)(A) of title 10, United States
Code, for the fiscal year during which the transfer occurs
shall be increased by the number of billets associated with
that mission; and
(2) the end strength authorized for the Air Force Reserve
and the Air National Guard pursuant to section 115(a)(2) of
such title for such fiscal year shall be decreased by the
same number.
(e) Administrative Provisions.--For purposes of the
transfer of covered members of the Air Force Reserve in
accordance with subsection (a)--
(1) the Air Force Reserve, the Air National Guard, and the
Space Force shall be considered to be components of the same
Armed Force; and
(2) the Space Force officer list shall be considered to be
an active-duty list of an Armed Force.
(f) Retraining and Reassignment for Members Not
Transferring.--If a covered member of the Air Force Reserve
or the Air National Guard does not consent to transfer to the
Space Force in accordance with subsection (a), the Secretary
of the Air Force may, as determined appropriate by the
Secretary in the case of the individual member, provide the
member retraining and reassignment within the Air Force
Reserve.
(g) Covered Members.--For purposes of this section, the
term ``covered'', with respect to a member of the Air Force
Reserve or the Air National Guard, means--
(1) a member who as of the date of the enactment of this
Act holds an Air Force specialty code for a specialty held by
members of the Space Force; and
(2) any other member designated by the Secretary of the Air
Force for the purposes of this section.
SEC. 1844. PLACEMENT OF OFFICERS ON THE SPACE FORCE OFFICER
LIST.
(a) Placement on List.--Officers of the Space Force whose
duty status is changed in accordance with section 1742, and
officers of the Air Force Reserve or the Air National Guard
who transfer to the Space Force in accordance with section
1743, shall be placed on the Space Force officer list in an
order determined by their respective grades and dates of
rank.
(b) Officers of Same Grade and Date of Rank.--Among
officers of the same grade and date of rank, placement on the
Space Force officer list shall be in the order of their rank
as determined in accordance with section 741(c) of title 10,
United States Code.
SEC. 1845. DISESTABLISHMENT OF REGULAR SPACE FORCE.
(a) Disestablishment.--The Secretary of the Air Force shall
disestablish the Regular
[[Page S4042]]
Space Force not later than the end of the transition period,
once there are no longer any members remaining in the Regular
Space Force. The Regular Space Force shall be disestablished
upon the completion of the change of duty status of all
members of the Space Force pursuant to section 1742 and
certification by the Secretary of the Air Force to the
congressional defense committees that there are no longer any
members of the Regular Space Force.
(b) Publication of Notice in Federal Register.--The
Secretary shall publish in the Federal Register notice of the
disestablishment of the Regular Space Force, including the
date thereof, together with any certification submitted
pursuant to subsection (a).
(c) Conforming Repeal.--
(1) Repeal.--Section 9085 of title 10, United States Code,
relating to the composition of the Regular Space Force, is
repealed.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date on which the certification is
submitted under subsection (a).
SEC. 1846. END STRENGTH FLEXIBILITY.
(a) Additional Authority To Vary End Strengths.--
(1) Authority.--Notwithstanding section 115(g) of title 10,
United States Code, upon determination by the Secretary of
the Air Force that such action would enhance manning and
readiness in essential units or in critical specialties, the
Secretary may vary the end strength authorized by Congress
for a fiscal year as follows:
(A) Increase the end strength authorized pursuant to
section 115(a)(1)(A) of such title for a fiscal year for the
Space Force by a number equal to not more than 5 percent of
such authorized end strength.
(B) Decrease the end strength authorized pursuant to
section 115(a)(1)(A) of such title for a fiscal year for the
Space Force by a number equal to not more than 10 percent of
such authorized end strength.
(2) Termination.--The authority provided under paragraph
(1) shall terminate on the last day of the transition period.
(b) Temporary Exemption for the Space Force From End
Strength Grade Restrictions.--Sections 517 and 523 of title
10, United States Code, shall not apply to the Space Force
during the transition period.
SEC. 1847. PROMOTION AUTHORITY FLEXIBILITY.
(a) Promotion Authority Flexibility.--During the transition
period, the Secretary of the Air Force may convene selection
boards to consider officers on the Space Force officer list
for promotion, and may promote Space Force officers selected
by such boards, in accordance with any of the following
provisions of title 10, United States Code:
(1) Chapter 36.
(2) Part III of subtitle E.
(3) Chapter 2005, as added by section 1716.
(b) Coordination of Provisions.--(1) For a selection board
convened pursuant to subsection (a) to consider members of
the Space Force for promotion in accordance with chapter 36
of such title--
(A) provisions that apply to an officer of a regular
component of the Armed Forces shall apply to an officer of
the Space Force; and
(B) the Space Force officer list shall be considered to be
an active-duty list.
(2) For a selection board convened pursuant to subsection
(a) to consider members of the Space Force for promotion in
accordance with part III of subtitle E of such title--
(A) provisions that apply to an officer of a reserve
component of the Armed Forces shall apply to an officer of
the Space Force; and
(B) the Space Force officer list shall be considered to be
a reserve active-status list.
(3) For a selection board convened pursuant to subsection
(a) to consider members of the Space Force for promotion in
accordance with either chapter 36 or part III of subtitle E
of such title--
(A) section 20213 of such title, as added by section 1716
if this Act, shall apply to the composition of the selection
board;
(B) the provisions of chapter 2005 of such title, as added
by such section 1716, regarding officers on the Space Force
officer list eligible to be considered for promotion to the
grade of brigadier general or major general shall apply;
(C) section 20216 of such title, as so added, shall apply;
and
(D) the provisions of chapter 36 or part III of subtitle E
of such title, as the case may be, regarding failure of
selection for promotion shall apply.
(c) Effect of Using New Chapter 2005 Authorities.--If the
Secretary of the Air Force convenes a selection board under
chapter 2005 of title 10, United States Code, as added by
section 1716, to consider officers on the Space Force officer
list in a particular grade and competitive category for
selection for promotion to the next higher grade, the
Secretary may not convene a future selection board pursuant
to subsection (a) to consider officers of the same grade and
competitive category under chapter 36 or part III of subtitle
E of such title.
Subtitle D--Other Amendments Related to the Space Force
SEC. 1851. TITLE 10, UNITED STATES CODE.
(a) Amendments Relating to the Designation of Grades for
Space Force Officers.--Title 10, United States Code, is
amended as follows:
(1) Commissioned officer grades.--Section 9151 is amended
by inserting ``and in the Space Force'' after ``in the
Regular Air Force''.
(2) Rank.--Section 741(a) is amended in the table by
striking ``and Marine Corps'' and inserting ``Marine Corps,
and Space Force''.
(3) Definition of general officer.--Section 101(b)(4) is
amended by striking ``or Marine Corps'' and inserting
``Marine Corps, or Space Force''.
(4) Temporary appointments to positions designated to carry
the grade of general or lieutenant general.--Section 601(e)
is amended--
(A) by striking ``or Marine Corps,'' and inserting ``Marine
Corps, or Space Force or''; and
(B) by striking ``or the commensurate grades in the Space
Force,''.
(5) Retired grade of officers.--Section 1370 is amended as
follows:
(A) Subsection (a)(2) is amended by striking ``rear admiral
in the Navy, or the equivalent grade in the Space Force''
both places it appears and inserting ``or rear admiral in the
Navy''.
(B) Subsection (b) is amended--
(i) in paragraph (1)--
(I) by striking ``or Marine Corps'' and all that follows
through ``the Space Force,'' and inserting ``Marine Corps, or
Space Force or lieutenant in the Navy,''; and
(II) in subparagraph (B), by striking ``major general'' and
all that follows through ``Space Force'' and inserting
``major general or rear admiral'';
(ii) in paragraph (4), by striking ``or Marine Corps'' and
all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or captain in the Navy,'';
(iii) in paragraph (5)--
(I) in subparagraph (A), by striking ``or Marine Corps''
and all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or lieutenant commander in the
Navy,'';
(II) in subparagraph (B), by striking ``or Marine Corps''
and all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or commander or captain in the
Navy,''; and
(III) in subparagraph (C), by striking ``or Marine Corps''
and all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or rear admiral (lower half)
or rear admiral in the Navy,''; and
(iv) in paragraph (6), by striking ``, or an equivalent
grade in the Space Force,''.
(C) Subsection (c)(1) is amended by striking ``or Marine
Corps'' and all that follows through ``Space Force'' and
inserting ``Marine Corps, or Space Force or vice admiral or
admiral in the Navy''.
(D) Subsection (d) is amended--
(i) in paragraph (1), by striking ``or Marine Corps'' and
all that follows through ``Space Force'' and inserting
``Marine Corps, or Space Force or rear admiral in the Navy'';
and
(ii) in paragraph (3), by striking ``or Marine Corps'' and
all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or captain in the Navy,''.
(E) Subsection (e)(2) is amended by striking ``or Marine
Corps'' and all that follows through ``Space Force,'' and
inserting ``Marine Corps, or Space Force or vice admiral or
admiral in the Navy,''.
(F) Subsection (f) is amended--
(i) in paragraph (3)--
(I) in subparagraph (A), by striking ``or Marine Corps''
and all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or rear admiral in the Navy'';
and
(II) in subparagraph (B), by striking ``or Marine Corps''
and all that follows through ``Space Force'' and inserting
``Marine Corps, or Space Force or vice admiral or admiral in
the Navy''; and
(ii) in paragraph (6)--
(I) in subparagraph (A), by striking ``or Marine Corps''
and all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or rear admiral in the Navy'';
and
(II) in subparagraph (B), by striking ``or Marine Corps''
and all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or vice admiral or admiral in
the Navy''.
(6) Honorary promotions.--Sections 1563(c)(1) and
1563a(a)(1) are each amended--
(A) by striking ``general,'' and inserting ``general or'';
and
(B) by striking ``, or an equivalent grade in the Space
Force''.
(7) Air force inspector general.--Section 9020(a) is
amended by striking ``the general, flag, or equivalent
officers of''.
(b) Other Title 10 Amendments.--Such title is further
amended as follows:
(1) Limitation on number of retired members ordered to
active duty.--Section 690(a) is amended by striking ``or
Marine Corps,'' and inserting ``Marine Corps, or Space
Force,''.
(2) The uniform.--Section 772(i) is amended--
(A) by striking ``an Air Force School'' and inserting ``an
Air Force or Space Force school''; and
(B) by striking ``aviation badges of the Air Force'' and
inserting ``aviation or space badges of the Air Force or
Space Force''.
(3) Membership in military unions, organizing of military
unions, and recognition of military unions prohibited.--
Section 976(a)(1)(C) is amended by inserting ``or the Space
Force'' after ``member of a Reserve component''.
(4) Limitation on enlisted aides.--Section 981 is amended--
[[Page S4043]]
(A) in subsection (a), by striking ``Marine Corps, Air
Force,'' and inserting ``Air Force, Marine Corps, Space
Force,'';
(B) in subsection (b), by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Space Force''; and
(C) in subsection (c)(1), by inserting ``Space Force,''
after ``Marine Corps,''.
(5) Definition of veteran for purposes of funeral honors.--
Section 1491(h)(1) is amended by striking ``or air service''
and inserting ``air, or space service''.
(6) Housing for recruits.--Section 9419(d) is amended by
inserting ``or the Space Force'' after ``training program of
the Air Force''.
(7) Charter of chief of space operations.--Section 9082 is
amended as follows:
(A) Cross-reference correction.--Subsection (d)(5) is
amended by striking ``sections'' and all that follows through
``of law'' and inserting ``sections 171 and 3104 of this
title and other provisions of law''.
(B) Elapsed-time provision.--Subsection (e)(1) is amended
by striking ``Commencing'' and all that follows through ``the
Chief'' and inserting ``The Chief''.
SEC. 1852. OTHER PROVISIONS OF LAW.
(a) Trade Act of 1974.--Section 233(i)(1) of the Trade Act
of 1974 (19 U.S.C. 2293(i)(1)) is amended by inserting ``, or
a member of the Space Force,'' after ``a member of a reserve
component of the Armed Forces''.
(b) Title 28, United States Code (judiciary and Judicial
Procedure).--Section 631(c) of title 28, United States Code
is amended by inserting ``, members of the Space Force''
before ``, and members of the Army National Guard''.
(c) Servicemembers Civil Relief Act.--The Servicemembers
Civil Relief Act (50 U.S.C. 3901 et seq.) is amended as
follows:
(1) Definition of military service.--Section 101(2)(A) (50
U.S.C. 3911(2)(A)) is amended by inserting ``Space Force,''
after ``Marine Corps,''.
(2) Same rights and protections as reserves ordered to
report for military service.--Section 106 (50 U.S.C. 3917) is
amended by adding at the end the following new subsection:
``(c) Treatment of Members of Space Force.--The provisions
of subsection (a) apply to a member of the Space Force who is
ordered to report for military service in the same manner as
to a member of a reserve component who is ordered to report
for military service.''.
(3) Exercise of rights under scra.--Section 108(5) (50
U.S.C. 3919(5)) is amended by inserting ``or as a member of
the Space Force'' before the period at the end.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2024''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2026; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2027.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2026; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2027 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the later
of--
(1) October 1, 2023; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Redstone Arsenal.............................. $50,000,000
Georgia........................................ Fort Eisenhower............................... $163,000,000
Hawaii......................................... Aliamanu Military Reservation................. $20,000,000
Fort Shafter.................................. $23,000,000
Helemano Military Reservation................. $33,000,000
Schofield Barracks............................ $37,000,000
Kansas......................................... Fort Riley.................................... $105,000,000
Kentucky....................................... Fort Campbell................................. $38,000,000
Louisiana...................................... Fort Johnson.................................. $13,400,000
Massachusetts.................................. Soldier Systems Center Natick................. $18,500,000
Michigan....................................... Detroit Arsenal............................... $72,000,000
North Carolina................................. Fort Liberty.................................. $154,500,000
Pennsylvania................................... Letterkenny Army Depot........................ $89,000,000
Texas.......................................... Fort Bliss.................................... $74,000,000
Red River Army Depot.......................... $113,000,000
Washington..................................... Joint Base Lewis-McChord...................... $100,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany........................................ Grafenwoehr................................... $10,400,000
Hohenfels..................................... $56,000,000
----------------------------------------------------------------------------------------------------------------
(c) Prototype Project.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and
available for military construction projects as specified in
the funding table in section 4601, the Secretary of the Army
may carry out a military construction project for the
installation, and in the amount, set forth in the following
table as a prototype project under the pilot program under
section 4022(i) of title 10, United States Code,
notwithstanding subchapters I and III of chapter 169 and
chapters 221 and 223 of title 10, United States Code:
[[Page S4044]]
Army Prototype Project
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
North Carolina................................. Fort Liberty.................................. $85,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following
table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. Family Housing New $78,746,000
Construction............
Kwajalein.............................. Kwajalein Atoll............ Family Housing $98,600,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2103(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Army may improve existing
military family housing units in an amount not to exceed
$100,000,000.
(c) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $27,549,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2023, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2104. EXTENSION OF AUTHORITY TO USE CASH PAYMENTS IN
SPECIAL ACCOUNT FROM LAND CONVEYANCE, NATICK
SOLDIER SYSTEMS CENTER, MASSACHUSETTS.
Section 2844(c)(2)(C) of the Military Construction
Authorization Act for Fiscal Year 2018 (division B of Public
Law 115-91; 131 Stat. 1865) is amended by striking ``October
1, 2025'' and inserting ``October 1, 2027''.
SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2018 PROJECT AT KUNSAN AIR BASE, KOREA.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in subsection (b), as
provided in section 2101(b) of that Act (131 Stat. 1819) and
extended and modified by subsections (a) and (b) of section
2106 of the Military Construction Act for Fiscal Year 2023
(division B of Public Law 117-263), shall remain in effect
until October 1, 2024, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Kunsan Air Base........... Unmanned Aerial Vehicle $53,000,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2019 PROJECTS.
(a) Army Construction and Land Acquisition.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2101 of that Act (132 Stat. 2241), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Army: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Camp Tango................ Command and Control $17,500,000
Facility................
Maryland.............................. Fort Meade................ Cantonment Area Roads.... $16,500,000
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2901 of that Act (132 Stat. 2286), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
[[Page S4045]]
Army: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Bulgaria.............................. Nevo Selo FOS............. EDI: Ammunition Holding $5,200,000
Area....................
Romania............................... Mihail Kogalniceanu FOS... EDI: Explosives & Ammo $21,651,000
Load/Unload Apron.......
----------------------------------------------------------------------------------------------------------------
SEC. 2107. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Army Construction and Land Acquisition.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorizations set forth in the table in paragraph (2), as
provided in section 2101(a) of that Act (134 Stat. 4295),
shall remain in effect until October 1, 2024, or the date of
the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Army: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Yuma Proving Ground....... Ready Building........... $14,000,000
Georgia............................... Fort Gillem............... Forensic Lab............. $71,000,000
Louisiana............................. Fort Johnson.............. Information Systems $25,000,000
Facility................
----------------------------------------------------------------------------------------------------------------
(b) Child Development Center, Georgia.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorization under section 2865 of that Act (10 U.S.C. 2802
note) for the project described in paragraph (2) in Fort
Eisenhower, Georgia, shall remain in effect until October 1,
2024, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2025,
whichever is later.
(2) Project described.--The project described in this
paragraph is the following:
Army: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Fort Eisenhower........... Child Development Center. $21,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Ground Combat Center Twentynine $42,100,000
Palms...........................................
Port Hueneme..................................... $110,000,000
Connecticut................................. Naval Submarine Base New London.................. $331,718,000
District of Columbia........................ Marine Barracks Washington....................... $131,800,000
Florida..................................... Naval Air Station Whiting Field.................. $141,500,000
Guam........................................ Andersen Air Force Base.......................... $497,620,000
Joint Region Marianas............................ $174,540,000
Naval Base Guam.................................. $946,500,000
Hawaii...................................... Marine Corps Base Kaneohe Bay.................... $227,350,000
Maryland.................................... Fort Meade....................................... $186,480,000
Naval Air Station Patuxent River................. $141,700,000
North Carolina.............................. Marine Corps Air Station Cherry Point............ $270,150,000
Marine Corps Base Camp Lejeune................... $183,780,000
Pennsylvania................................ Naval Surface Warfare Center Philadelphia........ $88,200,000
Virginia.................................... Dam Neck Annex................................... $109,680,000
Joint Expeditionary Base Little Creek - Fort $35,000,000
Story.
Marine Corps Base Quantico....................... $127,120,000
Naval Station Norfolk............................ $158,095,000
Naval Weapons Station Yorktown................... $221,920,000
Washington.................................. Naval Base Kitsap................................ $245,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
[[Page S4046]]
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti.................................... Camp Lemonnier................................... $106,600,000
Italy....................................... Naval Air Station Sigonella...................... $77,072,000
----------------------------------------------------------------------------------------------------------------
(c) Prototype Project.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and
available for military construction projects as specified in
the funding table in section 4601, the Secretary of the Navy
may carry out a military construction project for the
installation, and in the amount, set forth in the following
table as a prototype project under the pilot program under
section 4022(i) of title 10, United States Code,
notwithstanding subchapters I and III of chapter 169 and
chapters 221 and 223 of title 10, United States Code:
Navy Prototype Project
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Virginia.................................... Joint Expeditionary Base Little Creek - Fort $35,000,000
Story...........................................
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2203(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Navy may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following
table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Installation or
Country Location Units Amount
----------------------------------------------------------------------------------------------------------------
Guam................................. Joint Region Marianas.. Replace Andersen $121,906,000
Housing Ph 8.
Mariana Islands........ Replace Andersen $83,126,000
Housing (AF) PH7.
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2203(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed
$57,740,000.
(c) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Navy may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $14,370,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2023, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2019 PROJECTS.
(a) Navy Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2201 of that Act (132 Stat. 2243), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Navy: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Bahrain.............................. SW Asia................ Fleet Maintenance $26,340,000
Facility & TOC.
North Carolina....................... Marine Corps Base Camp 2nd Radio BN Complex, $51,300,000
Lejeune. Phase 2.
South Carolina....................... Marine Corps Air Recycling/Hazardous $9,517,000
Station Beaufort. Waste Facility.
Washington........................... Bangor................. Pier and Maintenance $88,960,000
Facility.
----------------------------------------------------------------------------------------------------------------
(b) Laurel Bay Fire Station, South Carolina.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorization under section 2810 of that Act (132 Stat. 2266)
for the project described in paragraph (2) shall remain in
effect until October 1, 2024, or the date of the enactment of
an Act authorizing funds for military construction for fiscal
year 2025, whichever is later.
(2) Project described.--The project described in this
paragraph is the following::
Navy: Extension of 2019 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina....................... Marine Corps Air Laurel Bay Fire Station $10,750,000
Station Beaufort.
----------------------------------------------------------------------------------------------------------------
(c) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorization set forth in the table in paragraph (2), as
provided in section 2902 of that Act (132 Stat. 2286), shall
remain in effect
[[Page S4047]]
until October 1, 2024, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Navy: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Greece............................... Naval Support Activity EDI: Joint Mobility $41,650,000
Souda Bay. Processing Center.
----------------------------------------------------------------------------------------------------------------
SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorizations set forth in the table in subsection (b), as
provided in section 2201 of that Act (134 Stat. 4297), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Navy: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
California........................... Twentynine Palms....... Wastewater Treatment $76,500,000
Plant.
Guam................................. Joint Region Marianas.. Joint Communication $166,000,000
Upgrade.
Maine................................ NCTAMS LANT Detachment Perimeter Security..... $26,100,000
Cutler.
Nevada............................... Fallon................. Range Training Complex, $29,040,000
Phase I.
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... MacDill Air Force Base.......................... $131,000,000
Patrick Space Force Base........................ $27,000,000
Tyndall Air Force Base.......................... $252,000,000
Georgia Robins Air Force Base........................... $115,000,000
Guam.......................................... Joint Region Marianas........................... $411,000,000
Massachusetts................................. Hanscom Air Force Base.......................... $37,000,000
Mississippi................................... Columbus Air Force Base......................... $39,500,000
South Dakota.................................. Ellsworth Air Force Base........................ $235,000,000
Texas......................................... Joint Base San Antonio-Lackland................. $20,000,000
Utah.......................................... Hill Air Force Base............................. $82,000,000
Wyoming....................................... F.E. Warren Air Force Base...................... $85,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia..................................... Royal Australian Air Force Base Darwin.......... $26,000,000
Royal Australian Air Force Base Tindal.......... $130,500,000
Norway........................................ Rygge Air Station............................... $119,000,000
Philippines................................... Cesar Basa Air Base............................. $35,000,000
Spain......................................... Moron Air Base.................................. $26,000,000
United Kingdom................................ Royal Air Force Fairford........................ $47,000,000
Royal Air Force Lakenheath...................... $78,000,000
----------------------------------------------------------------------------------------------------------------
(c) Prototype Project.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and
available for military construction projects as specified in
the funding table in section 4601, the Secretary of the Air
Force may carry out a military construction project for the
installation, and in the amount, set forth in the following
table as a prototype project under the pilot program under
section 4022(i) of title 10, United States Code,
notwithstanding subchapters I and III of chapter 169 and
chapters 221 and 223 of title 10, United States Code:
Air Force Prototype Project
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts................................. Hanscom Air Force Base.......................... $37,000,000
----------------------------------------------------------------------------------------------------------------
[[Page S4048]]
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2303(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $229,282,000.
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $7,815,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2023, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2017 PROJECTS.
(a) Air Force Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorizations set forth in the table in paragraph (2), as
provided in section 2301(b) of that Act (130 Stat. 2697) and
extended by section 2304 of the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public
Law 117-181; 135 Stat. 2169), shall remain in effect until
October 1, 2024, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... 37 AS Squadron Operations/ $13,437,000
Aircraft Maintenance
Unit....................
Spangdahlem Air Base...... Upgrade Hardened Aircraft $2,700,000
Shelters for F/A-22.....
Japan................................. Yokota Air Force Base..... C-130J Corrosion Control $23,777,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorization set forth in the table in paragraph (2), as
provided in section 2902 of that Act (130 Stat. 2743) and
extended by section 2304 of the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public
Law 117-181; 135 Stat. 2169), shall remain in effect until
October 1, 2024, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Spangdahlem Air Base...... F/A-22 Low Observable/ $12,000,000
Composite Repair
Facility................
----------------------------------------------------------------------------------------------------------------
SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) Air Force Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in paragraph (2), as
provided in section 2301(a) of that Act (131 Stat. 1825) and
extended by section 2304(a) of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public
Law 117-263), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is
later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.... Fire Station............. $17,000,000
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorizations set forth in the table in paragraph (2), as
provided in section 2903 of that Act (131 Stat. 1876) and
extended by section 2304(b) of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public
Law 117-263), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is
later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Hungary............................... Kecskemet Air Base........ ERI: Airfield Upgrades... $12,900,000
Kecskemet Air Base........ ERI: Construct Parallel $30,000,000
Taxiway.................
Kecskemet Air Base........ ERI: Increase POL Storage $12,500,000
Capacity................
[[Page S4049]]
Luxembourg............................ Sanem..................... ERI: ECAOS Deployable $67,400,000
Airbase System Storage..
Slovakia.............................. Malacky................... ERI: Airfield Upgrades... $4,000,000
Malacky................... ERI: Increase POL Storage $20,000,000
Capacity................
----------------------------------------------------------------------------------------------------------------
SEC. 2306. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2019 PROJECTS.
(a) Air Force Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2301 of that Act (132 Stat. 2246), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands....................... Tinian.................... APR-Cargo Pad with $46,000,000
Taxiway Extension.......
Tinian.................... APR-Maintenance Support $4,700,000
Facility................
Maryland.............................. Joint Base Andrews........ Child Development Center. $13,000,000
Joint Base Andrews........ PAR Relocate Haz Cargo $37,000,000
Pad and EOD Range.......
New Mexico............................ Holloman Air Force Base... MQ-9 FTU Ops Facility.... $85,000,000
Kirtland Air Force Base... Wyoming Gate Upgrade for $7,000,000
Anti-Terrorism
Compliance..............
United Kingdom........................ Royal Air Force Lakenheath F-35 ADAL Conventional $9,204,000
Munitions MX............
Utah.................................. Hill Air Force Base....... Composite Aircraft $26,000,000
Antenna Calibration Fac.
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2903 of that Act (132 Stat. 2287), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Slovakia.............................. Malacky................... EDI: Regional Munitions $59,000,000
Storage Area............
United Kingdom........................ RAF Fairford.............. EDI: Construct DABS-FEV $87,000,000
Storage.................
RAF Fairford.............. EDI: Munitions Holding $19,000,000
Area....................
----------------------------------------------------------------------------------------------------------------
SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Air Force Construction and Land Acquisition Project.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorization set forth in the table in paragraph (2), as
provided in section 2301 of that Act (134 Stat. 4299), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Joint Base Langley-Eustis. Access Control Point Main $19,500,00
Gate with Lang Acq......
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorizations set forth in the table in paragraph (2), as
provided in section 2902 of that Act (134 Stat. 4373), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
[[Page S4050]]
Air Force: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein.................. EDI: Rapid Airfield $36,345,000
Damage Repair Storage...
Spangdahlem Air Base...... EDI: Rapid Airfield $25,824,000
Damage Repair Storage...
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $147,975,000
California.................................. Marine Corps Air Station Miramar.............. $103,000,000
Naval Base Coronado........................... $51,000,000
Naval Base San Diego.......................... $101,644,000
Delaware.................................... Dover Air Force Base.......................... $30,500,000
Maryland.................................... Fort Meade.................................... $885,000,000
Joint Base Andrews............................ $38,300,000
Montana..................................... Great Falls International Airport............. $30,000,000
North Carolina.............................. Marine Corps Base Camp Lejeune................ $70,000,000
Utah........................................ Hill Air Force Base........................... $14,200,000
Virginia.................................... Fort Belvoir.................................. $185,000,000
Joint Expeditionary Base Little Creek - Fort $61,000,000
Story.
Pentagon...................................... $30,600,000
Washington.................................. Joint Base Lewis - McChord.................... $62,000,000
Manchester.................................... $71,000,000
Naval Undersea Warfare Center Keyport......... $37,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba......................................... Guantanamo Bay Naval Station.................. $257,000,000
Germany...................................... Baumholder.................................... $57,700,000
Ramstein Air Base............................. $181,764,000
Honduras..................................... Soto Cano Air Base............................ $41,300,000
Japan........................................ Kadena Air Base............................... $100,300,000
Spain........................................ Naval Station Rota............................ $80,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Station Miramar.............. $30,550,000
Naval Base San Diego.......................... $6,300,000
Vandenberg Space Force Base................... $57,000,000
Colorado.................................... Buckley Space Force Base...................... $14,700,000
Georgia..................................... Naval Submarine Base Kings Bay................ $49,500,000
Kansas...................................... Forbes Field.................................. $5,850,000
Missouri.................................... Lake City Army Ammunition Plant............... $80,100,000
Nebraska.................................... Offutt Air Force Base......................... $41,000,000
North Carolina.............................. Fort Liberty (Camp Mackall)................... $10,500,000
Oklahoma.................................... Fort Sill..................................... $76,650,000
Puerto Rico................................. Fort Buchanan................................. $56,000,000
Texas....................................... Fort Cavazos.................................. $18,250,000
Virginia.................................... Pentagon...................................... $2,250,000
Washington.................................. Joint Base Lewis - McChord.................... $49,850,000
Wyoming..................................... F.E. Warren Air Force Base.................... $25,000,000
----------------------------------------------------------------------------------------------------------------
[[Page S4051]]
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Korea........................................ K-16 Air Base................................. $5,650,000
Kuwait....................................... Camp Buehring................................. $18,850,000
----------------------------------------------------------------------------------------------------------------
(c) Improvement of Conveyed Utility Systems.--In the case
of a utility system that is conveyed under section 2688 of
title 10, United States Code, and that only provides utility
services to a military installation, notwithstanding
subchapters I and III of chapter 169 and chapters 221 and 223
of title 10, United States Code, the Secretary of Defense or
the Secretary of a military department may authorize a
contract with the conveyee of the utility system to carry out
the military construction projects set forth in the following
table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Nebraska..................................... Offutt Air Force Base......................... Microgrid and
Backup Power
North Carolina............................... Fort Liberty (Camp Mackall)................... Microgrid and
Backup Power
Texas........................................ Fort Cavazos.................................. Microgrid and
Backup Power
Washington................................... Joint Base Lewis - McChord.................... Power Generation
and Microgrid
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2023, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments),
as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorizations set forth in the table in subsection (b), as
provided in section 2401(b) of that Act (131 Stat. 1829) and
extended by section 2404 of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public
Law 117-263), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Defense Agencies: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Iwakuni................ Construct Bulk Storage $30,800,000
Tanks PH 1............
Puerto Rico.......................... Punta Borinquen........ Ramey Unit School $61,071,000
Replacement...........
----------------------------------------------------------------------------------------------------------------
SEC. 2405. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2019 PROJECTS.
(a) Extension.--
(1) In general.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2401(b) of that Act (132 Stat. 2249),
shall remain in effect until October 1, 2024, or the date of
the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Defense Agencies: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Germany.............................. Baumholder............. SOF Joint Parachute $11,504,000
Rigging Facility......
Japan................................ Camp McTureous......... Betchel Elementary $94,851,000
School................
Iwakuni................ Fuel Pier............. $33,200,000
----------------------------------------------------------------------------------------------------------------
(b) Modification of Authority to Carry Out Fiscal Year 2019
Project in Baumholder, Germany.--
(1) Modification of project authority.--In the case of the
authorization contained in the table in section 2401(b) of
the Military Construction Authorization Act for Fiscal Year
2019 (division B of Public Law 115-232; 132 Stat. 2249) for
Baumholder, Germany, for construction of a SOF Joint
Parachute Rigging Facility, the Secretary of Defense may
construct a 3,200 square meter facility.
(2) Modification of project amounts.--
(A) Division b table.--The authorization table in section
2401(b) of the Military Construction Defense Authorization
Act for Fiscal Year 2019 (division B of Public Law 115-232;
132 Stat. 2249), as extended pursuant to subsection (a), is
amended in the item relating to Baumholder, Germany, by
striking ``$11,504,000'' and inserting ``$23,000,000'' to
reflect the project modification made by paragraph (1).
(B) Division d table.--The funding table in section 4601 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2406) is
[[Page S4052]]
amended in the item relating to Defense-wide, Baumholder,
Germany, SOF Joint Parachute Rigging Facility, by striking
``$11,504'' in the Conference Authorized column and inserting
``$23,000'' to reflect the project modification made by
paragraph (1).
SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Defense Agencies Construction and Land Acquisition
Project.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorization set forth in the table in paragraph (2), as
provided in section 2401(b) of that Act (134 Stat. 4305),
shall remain in effect until October 1, 2024, or the date of
the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Defense Agencies: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Def Fuel Support Point Fuel Wharf............. $49,500,000
Tsurumi...............
----------------------------------------------------------------------------------------------------------------
(b) Energy Resilience and Conservation Investment Program
Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorizations set forth in the table in paragraph (2), as
provided in section 2402 of that Act (134 Stat. 4306), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in subsection (a) is as
follows:
ERCIP Projects: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas............................. Ebbing Air National PV Arrays and Battery $2,600,000
Guard Base............ Storage...............
California........................... Marine Corps Air Ground Install 10 Mw Battery $11,646,000
Combat Center Energy Storage for
Twentynine Palms...... Various Buildings.....
Military Ocean Terminal Military Ocean Terminal $29,000,000
Concord............... Concord Microgrid.....
Naval Support Activity Cogeneration Plant at $10,540,000
Monterey.............. B236..................
Italy................................ Naval Support Activity Smart Grid............. $3,490,000
Naples................
Nevada............................... Creech Air Force Base.. Central Standby $32,000,000
Generators............
Virginia............................. Naval Medical Center Retro Air Handling $611,000
Portsmouth............ Units From Constant
Volume; Reheat to
Variable Air Volume...
----------------------------------------------------------------------------------------------------------------
SEC. 2407. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2022 PROJECTS.
In the case of a utility system that is conveyed under
section 2688 of title 10, United States Code, and that only
provides utility services to a military installation,
notwithstanding subchapters I and III of chapter 169 and
chapters 221 and 223 of title 10, United States Code, the
Secretary of Defense or the Secretary of a military
department may authorize a contract with the conveyee of the
utility system to carry out the military construction
projects set forth in the following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Novosel.................................. Construct a 10 MW
RICE Generator
Plant and Micro-
Grid Controls
Georgia...................................... Fort Moore.................................... Construct 4.8MW
Generation and
Microgrid
Fort Stewart................................. Construct a 10 MW
Generation Plant,
with Microgrid
Controls
New York..................................... Fort Drum..................................... Well Field
Expansion Project
North Carolina............................... Fort Liberty.................................. Construct 10 MW
Microgrid
Utilizing
Existing and New
Generators
Fort Liberty.................................. Fort Liberty
Emergency Water
System
----------------------------------------------------------------------------------------------------------------
[[Page S4053]]
SEC. 2408. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2023 PROJECTS.
In the case of a utility system that is conveyed under
section 2688 of title 10, United States Code, and that only
provides utility services to a military installation,
notwithstanding subchapters I and III of chapter 169 and
chapters 221 and 223 of title 10, United States Code, the
Secretary of Defense or the Secretary of a military
department may authorize a contract with the conveyee of the
utility system to carry out the military construction
projects set forth in the following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Georgia...................................... Fort Stewart - Hunter Army Airfield........... Power Generation
and Microgrid
Kansas....................................... Fort Riley.................................... Power Generation
and Microgrid
Texas........................................ Fort Cavazos.................................. Power Generation
and Microgrid
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2023, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501 as
specified in the funding table in section 4601.
Subtitle B--Host Country In-kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations in the Republic of Korea, and in the amounts,
set forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Bonifas........... Vehicle Maintenance $7,700,000
Shop.
Army................................. Camp Carroll........... Humidity-Controlled $189,000,000
Warehouse.
Army................................. Camp Humphreys......... Airfield Services $7,100,000
Storage Warehouse.
Army................................. Camp Walker............ Consolidated Fire and $48,000,000
Military Police
Station.
Army................................. Pusan.................. Warehouse Facility..... $40,000,000
Navy................................. Chinhae................ Electrical Switchgear $6,000,000
Building.
Air Force............................ Osan Air Base.......... Consolidated Operations $46,000,000
Group and Maintenance
Group Headquarters.
Air Force............................ Osan Air Base.......... Flight Line Dining $6,800,000
Facility.
Air Force............................ Osan Air Base.......... Reconnaissance Squadron $30,000,000
Operations and
Avionics Facility.
Air Force............................ Osan Air Base.......... Repair Aircraft $8,000,000
Maintenance Hangar
B1732.
Air Force............................ Osan Air Base.......... Upgrade Electrical $46,000,000
Distribution East,
Phase 2.
Air Force............................ Osan Air Base.......... Water Supply Treatment $22,000,000
Facility.
----------------------------------------------------------------------------------------------------------------
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Poland for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations in the Republic of Poland, and in the amounts,
set forth in the following table:
Republic of Poland Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Powidz................. Barracks and Dining $93,000,000
Facility.
Army................................. Powidz................. Rotary Wing Aircraft $35,000,000
Apron.
Army................................. Swietoszow............. Bulk Fuel Storage...... $35,000,000
Army................................. Swietoszow............. Rail Extension and $7,300,000
Railhead.
Air Force............................ Wroclaw................ Aerial Port of $59,000,000
Debarkation Ramp.
Air Force............................ Wroclaw................ Taxiways to Aerial Port $39,000,000
of Debarkation Ramp.
Defense-wide......................... Lubliniec.............. Special Operations $16,200,000
Forces Company
Operations Facility.
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard locations inside the United States, and
in the amounts, set forth in the following table:
[[Page S4054]]
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... Surprise Readiness Center........................ $15,000,000
Florida..................................... Camp Blanding.................................... $11,000,000
Idaho....................................... Jerome County Regional Site...................... $17,000,000
Illinois.................................... North Riverside Armory........................... $24,000,000
Kentucky Burlington....................................... $16,400,000
Mississippi Southaven........................................ $22,000,000
Missouri.................................... Belle Fontaine................................... $28,000,000
New Hampshire............................... Littleton........................................ $23,000,000
New Mexico.................................. Rio Rancho Training Site......................... $11,000,000
New York.................................... Lexington Avenue Armory.......................... $90,000,000
Ohio........................................ Camp Perry Joint Training Center................. $19,200,000
Oregon Washington County Readiness Center............... $26,000,000
Pennsylvania................................ Hermitage Readiness Center....................... $13,600,000
Rhode Island................................ North Kingstown.................................. $30,000,000
South Carolina.............................. Aiken County Readiness Center.................... $20,000,000
McCrady Training Center.......................... $7,900,000
Virginia.................................... Sandston RC & FMS 1.............................. $20,000,000
Wisconsin................................... Viroqua.......................................... $18,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Birmingham....................................... $57,000,000
Arizona..................................... Queen Creek...................................... $12,000,000
California.................................. Fort Hunter Liggett.............................. $40,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
Navy Reserve and Marine Corps Reserve locations inside the
United States, and in the amounts, set forth in the following
table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan.................................... Battle Creek..................................... $24,549,000
Virginia.................................... Marine Forces Reserve Dam Neck Virginia Beach.... $12,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard locations inside the United States, and in
the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Montgomery Regional Airport...................... $7,000,000
Alaska...................................... Joint Base Elmendorf - Richardson................ $7,000,000
Arizona..................................... Tucson International Airport..................... $11,600,000
Arkansas.................................... Ebbing Air National Guard Base................... $76,000,000
Colorado.................................... Buckley Space Force Base......................... $12,000,000
Indiana..................................... Fort Wayne International Airport................. $8,900,000
Oregon...................................... Portland International Airport................... $71,500,000
Pennsylvania................................ Harrisburg International Airport................. $8,000,000
Wisconsin................................... Truax Field...................................... $5,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air Force Reserve locations inside the United States, and in
the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... Davis-Monthan Air Force Base..................... $8,500,000
California.................................. March Air Reserve Base........................... $226,500,000
[[Page S4055]]
Guam........................................ Joint Region Marianas............................ $27,000,000
Louisiana................................... Barksdale Air Force Base......................... $7,000,000
Texas....................................... Naval Air Station Joint Reserve Base Fort Worth.. $16,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2023, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2018 PROJECT AT HULMAN REGIONAL AIRPORT,
INDIANA.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in subsection (b), as
provided in section 2604 of that Act (131 Stat. 1836) and
extended by section 2608 of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public
Law 117-263), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:
National Guard and Reserve: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Indiana.............................. Hulman Regional Airport Construct Small Arms $8,000,000
Range.................
----------------------------------------------------------------------------------------------------------------
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2019 PROJECT AT FRANCIS S. GABRESKI AIRPORT,
NEW YORK.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorization set forth in the table in subsection (b), as
provided in section 2604 of that Act (132 Stat. 2255), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
National Guard and Reserve: Extension of 2019 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
New York............................. Francis S. Gabreski Security Forces/Comm. $20,000,000
Airport............... Training Facility.....
----------------------------------------------------------------------------------------------------------------
SEC. 2609. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorizations set forth in the table in subsection (b), as
provided in sections 2601, 2602, and 2604 of that Act (134
Stat. 4312, 4313, 4314), shall remain in effect until October
1, 2024, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2025,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
National Guard and Reserve: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas............................. Fort Chaffee........... National Guard $15,000,000
Readiness Center......
California........................... Bakersfield............ National Guard Vehicle $9,300,000
Maintenance Shop......
Colorado............................. Peterson Space Force National Guard $15,000,000
Base.................. Readiness Center......
Guam................................. Joint Region Marianas.. Space Control Facility $20,000,000
#5....................
Ohio................................. Columbus............... National Guard $15,000,000
Readiness Center......
Massachusetts........................ Devens Reserve Forces Automated Multipurpose $8,700,000
Training Area......... Machine Gun Range.....
North Carolina....................... Asheville.............. Army Reserve Center/ $24,000,000
Land..................
Puerto Rico.......................... Fort Allen............. National Guard $37,000,000
Readiness Center......
South Carolina....................... Joint Base Charleston. National Guard $15,000,000
Readiness Center......
Texas................................ Fort Worth............. Aircraft Maintenance $6,000,000
Hangar Addition/Alt...
Joint Base San Antonio. F-16 Mission Training $10,800,000
Center................
Virgin Islands....................... St. Croix.............. Army Aviation Support $28,000,000
Facility (AASF).......
....................... CST Ready Building..... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2610. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2022 PROJECT AT NICKELL MEMORIAL ARMORY,
KANSAS.
(a) Transfer Authority.--From amounts appropriated for
``Military Construction, Army National Guard'' pursuant to
the authorization of appropriations in section 2606 and
available as specified in the funding table in section 4601
of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81, 135 Stat. 2315), the Secretary of
Defense may transfer not more than $420,000 to an
appropriation for ``Military Construction, Air National
Guard'' for use for studying, planning, designing, and
architect and engineer services for a sensitive compartmented
information facility project at Nickell Memorial Armory,
Kansas.
(b) Merger of Amounts Transferred.--Any amount transferred
under subsection (a) shall be merged with and available for
the same purposes, and for the same time period, as the
``Military Construction, Air National Guard'' appropriation
to which transferred.
(c) Authority.--Using amounts transferred pursuant to
subsection (a), the Secretary of the Air Force may carry out
study, planning, design, and architect and engineer services
activities for a sensitive compartmented information facility
project at Nickell Memorial Armory, Kansas.
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2023 PROJECT AT CAMP PENDLETON, CALIFORNIA.
In the case of the authorization contained in the table in
section 2602 of the Military Construction Authorization Act
for Fiscal Year 2023 (division B of Public Law 117-263) and
specified in the funding table in section 4601 of the James
M. Inhofe National Defense
[[Page S4056]]
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
for Camp Pendleton, California, for construction of an Area
Maintenance Support Activity, the Secretary of the Army may
construct a 15,000 square foot facility.
SEC. 2612. AUTHORITY TO CONDUCT RESTORATION AND MODERNIZATION
PROJECTS AT THE FIRST CITY TROOP READINESS
CENTER IN PHILADELPHIA, PENNSYLVANIA.
The Chief of the National Guard Bureau may expend amounts
available to the Army National Guard for facilities
sustainment, restoration, and modernization to conduct
restoration and modernization projects at the First City
Troop Readiness Center in Philadelphia, Pennsylvania, if--
(1) the Commonwealth of Pennsylvania has a sufficient
remaining lease term for such center to realize the full
lifecycle benefit of such a project;
(2) the Federal contribution for such a project does not
exceed 50 percent of the cost of the project (inclusive of
all project costs); and
(3) the Chief of the National Guard Bureau notifies the
Committees on Armed Services of the Senate and the House of
Representatives not less than 15 days before awarding a
contract for such a project, which shall include an
explanation of the sufficiency of remaining lease term to
justify the investment.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2023, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act, as specified
in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE
REALIGNMENT AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round.
SEC. 2703. CLOSURE AND DISPOSAL OF THE PUEBLO CHEMICAL DEPOT,
PUEBLO COUNTY, COLORADO.
(a) In General.--The Secretary of the Army shall close the
Pueblo Chemical Depot in Pueblo County, Colorado (in this
section referred to as the ``Depot''), not later than one
year after the completion of the chemical demilitarization
mission at such location in accordance with the Convention on
the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on their Destruction, done at
Geneva September 3, 1992, and entered into force April 29,
1997 (commonly referred to as the ``Chemical Weapons
Convention'').
(b) Procedures.--The Secretary of the Army shall carry out
the closure and subsequent related property management and
disposal of the Depot, including the land, buildings,
structures, infrastructure, and associated equipment,
installed equipment, material, and personal property that
comprise the Chemical Agent-Destruction Pilot Plant, in
accordance with the procedures and authorities for the
closure, management, and disposal of property under the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(c) Office of Local Defense Community Cooperation
Activities.--The Office of Local Defense Community
Cooperation of the Department of Defense may make grants and
supplement other Federal funds pursuant to section 2391 of
title 10, United States Code, to support closure and reuse
activities of the Depot.
(d) Treatment of Existing Permits.--Nothing in this section
shall be construed to prevent the removal or demolition by
the Program Executive Office, Assembled Chemical Weapons
Alternatives of the Department of the Army of existing
buildings, structures, infrastructure, and associated
equipment, installed equipment, material, and personal
property of the Chemical Agent-Destruction Pilot Plant at the
Depot in accordance with Hazardous Waste Permit Number CO-20-
09-02-01 under the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) (commonly known as the ``Resource Conservation and
Recovery Act of 1976'') issued by the State of Colorado, or
any associated or follow-on permits under such Act.
(e) Homeless Use.--Given the nature of activities
undertaken at the Chemical Agent-Destruction Pilot Plant at
the Depot, such land, buildings, structures, infrastructure,
and associated equipment, installed equipment, material, and
personal property comprising the Chemical Agent-Destruction
Pilot Plant is deemed unsuitable for homeless use and, in
carrying out any closure, management, or disposal of property
under this section, need not be screened for homeless use
purposes pursuant to section 2905(b)(7) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
SEC. 2801. AUTHORITY FOR INDO-PACIFIC POSTURE MILITARY
CONSTRUCTION PROJECTS.
(a) Authority.--The Commander of the United States Indo-
Pacific Command (in this section referred to as the
``Commander'') may carry out an unspecified military
construction project not otherwise authorized by law or may
authorize the Secretary of a military department to carry out
such a project.
(b) Scope of Project Authority.--A project carried out
under this section may include any planning, designing,
construction, development, conversion, extension, renovation,
or repair, whether to satisfy temporary or permanent
requirements, and, to the extent necessary, any acquisition
of land.
(c) Purposes.--A project carried out under this section
shall be for the purpose of--
(1) supporting the rotational deployments of the Armed
Forces;
(2) enhancing facility preparedness and military
installation resilience (as defined in section 101(e)(8) of
title 10, United States Code) in support of potential,
planned, or anticipated national defense activities; or
(3) providing for prepositioning and storage of equipment
and supplies.
(d) Location of Projects.--A project carried out under this
section--
(1) may be located--
(A) at a cooperative security location, forward operating
site, or contingency location for use by the Armed Forces; or
(B) at a location used by the Armed Forces that is owned or
operated by Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands; and
(2) may be carried out without regard to whether the real
property or facilities at the location are under the
jurisdiction of the Department of Defense if the Commander
determines that the United States has a sufficient interest
in the property or facility to support the project.
(e) Maximum Amount.--The cost of any project carried out
under this section may not exceed $15,000,000.
(f) Available Amounts.--In carrying out a project under
this section, the Commander, or the Secretary of a military
department when authorized by the Commander, may use amounts
authorized for--
(1) the INDOPACOM Military Construction Pilot Program fund;
and
(2) operation and maintenance that are made available to
the Commander, not to exceed 200 percent of the amount
specified in section 2805(c) of title 10, United States Code.
(g) Notice to Congress.--
(1) In general.--If the Commander decides to carry out a
project under this section with a cost exceeding $2,000,000,
the Commander shall notify the congressional defense
committees of that determination in an electronic medium
pursuant to section 480 of title 10, United States Code.
(2) Relevant details.--Notice under paragraph (1) with
respect to a project shall include relevant details of the
project, including the estimated cost, and may include a
classified annex.
(3) Timing.--A project under this section covered by
paragraph (1) may not be carried out until the end of the 14-
day period beginning on the date the notification under such
paragraph is received by the congressional defense
committees.
(h) Annual Report.--Not later than December 31 of each
year, the Commander shall submit to the congressional defense
committees a report containing a list of projects funded,
lessons learned, and, subject to the concurrence of the
President, recommended adjustments to the authority under
this section for the most recently ended fiscal year.
(i) Project Execution.--
(1) Project supervision.--Subsections (a) and (b) of
section 2851 of title 10, United States Code, shall not apply
to projects carried out under this section.
(2) Application of chapter 169 of title 10, united states
code.--When exercising the authority under subsection (a),
the Commander shall, for purposes of chapter 169 of title 10,
United States Code, be considered the Secretary concerned.
(j) Sunset.--The authority to carry out a project under
this section expires on March 31, 2029.
SEC. 2802. ORDERING AUTHORITY FOR MAINTENANCE, REPAIR, AND
CONSTRUCTION OF FACILITIES OF DEPARTMENT OF
DEFENSE.
(a) In General.--Subchapter I of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2817. Ordering authority
``(a) In General.--The head of a department or organization
within the Department of Defense may place an order, on a
reimbursable basis, with any other such department or
organization for a project for the maintenance and repair of
a facility of the Department of Defense or for a minor
military construction project.
``(b) Obligations.--An order placed by the head of a
department or organization under subsection (a) is deemed to
be an obligation of such department or organization in the
same manner as a similar order or contract placed with a
private contractor.
``(c) Contingency Expenses.--An order placed under
subsection (a) for a project may include an amount for
contingency expenses that shall not exceed 10 percent of the
cost of the project.
``(d) Availability of Amounts.--Amounts appropriated or
otherwise made available to
[[Page S4057]]
a department or organization of the Department of Defense
shall be available to pay an obligation of such department or
organization under this section in the same manner and to the
same extent as those amounts are available to pay an
obligation to a private contractor.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2817. Ordering authority.''.
SEC. 2803. APPLICATION OF AREA CONSTRUCTION COST INDICES
OUTSIDE THE UNITED STATES.
Section 2805(f) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``inside the United
States'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 2804. AUTHORIZATION OF COST-PLUS INCENTIVE-FEE
CONTRACTING FOR MILITARY CONSTRUCTION PROJECTS
TO MITIGATE RISK TO THE SENTINEL PROGRAM
SCHEDULE AND COST.
(a) In General.--Notwithstanding section 3323(a) of title
10, United States Code, the Secretary of Defense may
authorize the use of contracts using cost-plus incentive-fee
contracting for military construction projects associated
with launch facilities, launch centers, and related
infrastructure of the Sentinel Program of the Department of
Defense for not more than one low-rate initial production lot
at each of the following locations:
(1) F.E. Warren Air Force Base.
(2) Malmstrom Air Force Base.
(3) Minot Air Force Base.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than quarterly
thereafter, the Secretary of Defense shall brief the
congressional defense committees on the following:
(1) Uncertainties with site conditions at locations
specified under subsection (a).
(2) The plan of the Department of Defense to transition to
firm, fixed price contracts for military construction
following any military construction projects carried out
under subsection (a).
(3) The acquisition process for military construction
projects carried out under subsection (a).
(4) Updates on the execution of military construction
projects carried out under subsection (a).
SEC. 2805. EXTENSIONS TO THE MILITARY LANDS WITHDRAWAL ACT
RELATING TO BARRY M. GOLDWATER RANGE.
(a) Renewal of Current Withdrawal and Reservation.--Section
3031(d)(1) of the Military Lands Withdrawal Act of 1999
(Public Law 106-65; 113 Stat. 907) is amended by striking
``25 years after the date of the enactment of this Act'' and
inserting ``on October 5, 2049''.
(b) Extension.--Section 3031(e) of the Military Lands
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 908) is
amended--
(1) in the subsection heading, by striking ``Initial''; and
(2) in paragraph (1), by striking ``initial''.
SEC. 2806. AUTHORITY TO LEASE LAND PARCEL FOR HOSPITAL AND
MEDICAL CAMPUS, BARRIGADA TRANSMITTER SITE,
GUAM.
(a) No-cost Lease Authorized.--The Secretary of the Navy
(in this section referred to as the ``Secretary'') may lease
to the Government of Guam parcels of real property, including
any improvements thereon, consisting of approximately 102
acres of undeveloped land and approximately 10.877 acres of
utility easements in the municipality of Barrigada and
Mangilao, Guam, known as the Barrigada Transmitter Site, for
construction of a public hospital and medical campus, without
fair market consideration.
(b) Description of Property.--The exact acreage and legal
description of the property to be leased under subsection (a)
shall be determined by a survey satisfactory to the
Secretary.
(c) Appraisal Not Required.--The lease under subsection (a)
shall not require an appraisal.
(d) Conditions of Lease.--
(1) Subject to certain existing encumbrances.--A lease of
property under subsection (a) shall be subject to all
existing easements, restrictions, and covenants of record,
including restrictive covenants, that the Secretary
determines are necessary to ensure that--
(A) the use of the property is compatible with continued
military activities by the Armed Forces of the United States
in Guam;
(B) the environmental condition of the property is
compatible with the use of the property as a public hospital
and medical campus;
(C) access is available to the United States to conduct
environmental remediation or monitoring as required under
section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h));
(D) the property is used only for a public hospital and
medical campus, which may include ancillary facilities to
support the hospital and campus, or as set forth in
subsection (e); and
(E) the public hospital and medical campus to be
constructed on the property shall--
(i) include--
(I) an MV-22-capable helipad;
(II) recompression chamber capability; and
(III) perimeter fencing; and
(ii) allow for the relocation of weather radar equipment
owned by the United States at the hospital or campus.
(2) Funding.--The Secretary is not required to fund the
construction or operation of a hospital or medical campus on
the property leased under subsection (a).
(3) Payment of administrative costs.--All direct and
indirect administrative costs, including for surveys, title
work, document drafting, closing, and labor, incurred by the
Secretary related to any lease of the property under
subsection (a) shall be borne by the Government of Guam.
(e) Additional Terms.--The Secretary may require such
additional terms and conditions in connection with the lease
under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
(f) Not to Be Considered Excess, Transferred, or Disposed
of.--The property subject to any lease under subsection (a)
may not be declared to be excess real property to the needs
of the Navy or transferred or otherwise disposed of by the
Navy or any Federal agency.
SEC. 2807. REVISION TO ACCESS AND MANAGEMENT OF AIR FORCE
MEMORIAL.
Section 2863(e) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1332), is amended by striking ``the Foundation''
and inserting ``non-Federal Government entities, the
Secretary of the Air Force, or both''.
SEC. 2808. DEVELOPMENT AND OPERATION OF THE MARINE CORPS
HERITAGE CENTER AND THE NATIONAL MUSEUM OF THE
MARINE CORPS.
(a) In General.--Chapter 861 of title 10, United States
Code, is amended by inserting after section 8617 the
following new section:
``Sec. 8618. Marine Corps Heritage Center and the National
Museum of the Marine Corps
``(a) Joint Venture for Development and Continued
Maintenance and Operation.--The Secretary of the Navy (in
this section referred to as the `Secretary') may enter into a
joint venture with the Marine Corps Heritage Foundation (in
this section referred to as the `Foundation'), a nonprofit
entity, for the design, construction, maintenance, and
operation of a multipurpose facility to be used for
historical displays for public viewing, curation, and storage
of artifacts, research facilities, classrooms, offices, and
associated activities consistent with the mission of the
Marine Corps University. The facility shall be known as the
Marine Corps Heritage Center and the National Museum of the
Marine Corps (in this section referred to as the `Facility').
``(b) Design and Construction.--For each phase of
development of the Facility, the Secretary may--
``(1) permit the Foundation to contract for the design,
construction, or both of such phase of development; or
``(2) accept funds from the Foundation for the design,
construction, or both of such phase of development.
``(c) Acceptance Authority.--Upon completion of
construction of any phase of development of the Facility by
the Foundation to the satisfaction of the Secretary, and the
satisfaction of any financial obligations incident thereto by
the Foundation, the Facility shall become the real property
of the Department of the Navy with all right, title, and
interest in and to the Facility belonging to the United
States.
``(d) Maintenance, Operation, and Support.--
``(1) In general.--The Secretary may, for the purpose of
maintenance and operation of the Facility--
``(A) enter into contracts or cooperative agreements, on a
sole-source basis, with the Foundation for the procurement of
property or services for the direct benefit or use of the
Facility; and
``(B) notwithstanding the requirements of subsection (h) of
section 2667 of this title and under such terms and
conditions as the Secretary considers appropriate for the
joint venture authorized under subsection (a), lease in
accordance with such section 2667 portions of the Facility to
the Foundation for use in generating revenue for activities
of the Facility and for such administrative purposes as may
be necessary for support of the Facility.
``(2) Consideration for lease.--In making a determination
of fair market value under section 2667(b)(4) of this title
for payment of consideration pursuant to a lease described in
paragraph (1)(B), the Secretary may consider the entirety of
the educational efforts of the Foundation, support by the
Foundation to the history division of the Marine Corps
Heritage Center, funding of museum programs and exhibits by
the Foundation, or other support related to the Facility, in
addition to the types of in-kind consideration provided under
section 2667(c) of this title.
``(3) Use for revenue-generating activities.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may authorize the Foundation to use real or
personal property within the Facility to conduct revenue-
generating activities in addition to those authorized under
paragraph (1)(B), as the Secretary considers appropriate
considering the work of the Foundation and the needs of the
Facility.
``(B) Limitation.--The Secretary may only authorize the use
of the Facility for a revenue-generating activity if the
Secretary determines the activity will not interfere with
[[Page S4058]]
activities and personnel of the armed forces or the
activities of the Facility.
``(4) Retention of lease payments.--The Secretary shall
retain lease payments received under paragraph (1)(B), other
than in-kind consideration authorized under paragraph (2) or
section 2667(c) of this title, solely for use in support of
the Facility, and funds received as lease payments shall
remain available until expended.
``(e) Use of Certain Gifts.--
``(1) In general.--Under regulations prescribed by the
Secretary, the Commandant of the Marine Corps may, without
regard to section 2601 of this title, accept, hold,
administer, invest, and spend any gift, devise, or bequest of
personal property of a value of $250,000 or less made to the
United States if such gift, devise, or bequest is for the
benefit of the Facility.
``(2) Expenses.--The Secretary may pay or authorize the
payment of any reasonable and necessary expense in connection
with the conveyance or transfer of a gift, devise, or bequest
under paragraph (1).
``(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the joint venture authorized under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 861 of such title is amended by
inserting after the item relating to section 8617 the
following new item:
``8618. Marine Corps Heritage Center and the National Museum of the
Marine Corps.''.
(c) Conforming Repeal.--Section 2884 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(Public Law 106-398; 114 Stat. 1654A-440) is repealed.
SEC. 2809. AUTHORITY FOR ACQUISITION OF REAL PROPERTY
INTEREST IN PARK LAND OWNED BY THE COMMONWEALTH
OF VIRGINIA.
(a) Authority.--The Secretary of the Navy (in this section
referred to as the ``Secretary'') may acquire by purchase or
lease approximately 225 square feet of land, including
ingress and egress, at Westmoreland State Park, Virginia, for
the purpose of installing, operating, maintaining, and
protecting equipment to support research and development
activities by the Department of the Navy in support of
national security.
(b) Terms and Conditions.--The acquisition of property
under subsection (a) shall be subject to the following terms
and conditions:
(1) The Secretary shall pay the Commonwealth of Virginia
fair market value for the property to be acquired, as
determined by the Secretary.
(2) Such other terms and conditions as considered
appropriate by the Secretary.
(c) Description of Property.--The legal description of the
property to be acquired under subsection (a) shall be
determined by a survey that is satisfactory to the Secretary
and the Commonwealth of Virginia.
(d) Applicability of the Land and Water Conservation Fund
Act.--The provisions of chapter 2003 of title 54, United
States Code, shall not apply to the acquisition of property
under subsection (a).
(e) Reimbursement.--The Secretary shall reimburse the
Commonwealth of Virginia for the reasonable and documented
administrative costs incurred by the Commonwealth of Virginia
to execute the acquisition by the Secretary of property under
subsection (a).
(f) Termination of Real Property Interest.--The real
property interest acquired by the Secretary under subsection
(a) shall terminate, and be released without cost to the
Commonwealth of Virginia, when the Secretary determines such
real property interest is no longer required for national
security purposes.
SEC. 2810. MOVEMENT OR CONSOLIDATION OF JOINT SPECTRUM CENTER
TO FORT MEADE, MARYLAND, OR ANOTHER APPROPRIATE
LOCATION.
(a) Leaving Current Location.--Not later than September 30,
2026, the Secretary of Defense shall completely vacate the
offices of the Joint Spectrum Center of the Department of
Defense in Annapolis, Maryland.
(b) Movement or Consolidation.--The Secretary shall take
appropriate action to move, consolidate, or both, the offices
of the Joint Spectrum Center to the headquarters building of
the Defense Information Systems Agency at Fort Meade,
Maryland, or another appropriate location chosen by the
Secretary for national security purposes to ensure the
physical and cybersecurity protection of personnel and
missions of the Department of Defense.
(c) Status Update.--Not later than January 31 and July 31
of each year until the Secretary has completed the
requirements under subsections (a) and (b), the Commander of
the Defense Information Systems Agency shall provide an in-
person and written update on the status of the completion of
those requirements to the Committees on Armed Services of the
Senate and the House of Representatives and the congressional
delegation of Maryland.
(d) Termination of Existing Lease.--Upon vacating the
offices of the Joint Spectrum Center in Annapolis, Maryland,
pursuant to subsection (a), all right, title, and interest of
the United States in and to the existing lease for the Joint
Spectrum Center in such location shall be terminated.
(e) Repeal of Obsolete Authority.--Section 2887 of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 569) is
repealed.
SEC. 2811. TEMPORARY EXPANSION OF AUTHORITY FOR USE OF ONE-
STEP TURN-KEY SELECTION PROCEDURES FOR REPAIR
PROJECTS.
During the five-year period beginning on the date of the
enactment of this Act, section 2862(a)(2) of title 10, United
States Code, shall be applied and administered by
substituting ``$12,000,000'' for ``$4,000,000''.
SEC. 2812. MODIFICATION OF TEMPORARY INCREASE OF AMOUNTS IN
CONNECTION WITH AUTHORITY TO CARRY OUT
UNSPECIFIED MINOR MILITARY CONSTRUCTION.
(a) In General.--Section 2801 of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public
Law 117-263) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) in subsection (b)(2), by substituting `$4,000,000'
for `$2,000,000';''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply as if included in the enactment of the Military
Construction Authorization Act for Fiscal Year 2023 (division
B of Public Law 117-263).
SEC. 2813. PILOT PROGRAM ON REPLACEMENT OF SUBSTANDARD
ENLISTED BARRACKS.
(a) In General.--The Secretary concerned may, in accordance
with this section, carry out a pilot program under which the
Secretary concerned may replace an existing enlisted barracks
with a new enlisted barracks not otherwise authorized by law.
(b) Facility Requirements.--A new facility for an enlisted
barracks replaced under subsection (a)--
(1) may not have a greater personnel capacity than the
facility being replaced but may be physically larger than the
facility being replaced;
(2) must be replacing a facility that is in a substandard
condition, as determined by the Secretary concerned, and
which determination may not be delegated, in advance of
project approval;
(3) must be designed and utilized for the same purpose as
the facility being replaced;
(4) must be located on the same installation as the
facility being replaced; and
(5) must be designed to meet, at a minimum, current
standards for construction, utilization, and force
protection.
(c) Source of Funds.--The Secretary concerned, in using the
authority under this section, may spend amounts available to
the Secretary concerned for operation and maintenance or
unspecified military construction.
(d) Congressional Notification.--When a decision is made to
carry out a replacement project under this section with an
estimated cost in excess of $10,000,000, the Secretary
concerned shall submit, in an electronic medium pursuant to
section 480 of title 10, United States Code, to the
appropriate committees of Congress a report containing--
(1) the justification for the replacement project and the
current estimate of the cost of the project; and
(2) a description of the elements of military construction,
including the elements specified in section 2802(b) of such
title, incorporated into the project.
(e) Definitions.--In this section:
(1) Appropriate committees of congress; facility; secretary
concerned.--The terms ``appropriate committees of Congress'',
``facility'', and ``Secretary concerned'' have the meanings
given those terms in section 2801 of title 10, United States
Code.
(2) Enlisted barracks.--The term ``enlisted barracks''
means barracks designed and utilized for housing enlisted
personnel of the Armed Forces.
(3) Personnel capacity.--The term ``personnel capacity'',
with respect to an enlisted barracks, means the design
capacity for the number of enlisted personnel housed in the
enlisted barracks.
(4) Substandard condition.--The term ``substandard
condition'', with respect to a facility, means the facility
can no longer meet the requirements of current standards
without repair that would cost more than 75 percent of the
replacement cost.
(f) Sunset.--The authority under this section shall
terminate on the date that is five years after the date of
the enactment of this Act.
SEC. 2814. EXPANSION OF DEFENSE COMMUNITY INFRASTRUCTURE
PILOT PROGRAM TO INCLUDE INSTALLATIONS OF THE
COAST GUARD.
Section 2391 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)(B), in the matter preceding clause
(i), by inserting ``, in consultation with the Commandant of
the Coast Guard,'' after ``The Secretary''; and
(B) by adding at the end the following new paragraph:
``(5) In considering grants, agreements, or other funding
under paragraph (1)(A) with respect to community
infrastructure supportive of a military installation of the
Coast Guard, the Secretary of Defense shall consult with the
Commandant of the Coast Guard to assess the selection and
prioritization of the project concerned.''; and
(2) in subsection (e)(1), by adding at the end the
following new sentence: ``For purposes of subsection (d), the
term `military installation' includes an installation of the
[[Page S4059]]
Coast Guard under the jurisdiction of the Department of
Homeland Security.''.
SEC. 2815. MODIFICATION OF PILOT PROGRAM ON INCREASED USE OF
SUSTAINABLE BUILDING MATERIALS IN MILITARY
CONSTRUCTION.
Section 2861 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2802 note) is
amended--
(1) in subsection (b)(1), by striking the period at the end
and inserting ``to include, under the pilot program as a
whole, at a minimum--
``(A) one project for mass timber; and
``(B) one project for low carbon concrete.'';
(2) in subsection (d), by striking ``September 30, 2024''
and inserting ``September 30, 2025'';
(3) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Commencement of Construction.--Each military
construction project carried out under the pilot program must
commence construction by not later than January 1, 2025.'';
and
(5) in subsection (f)(1), as redesignated by paragraph (3),
by striking ``December 31, 2024'' and inserting ``December
31, 2025''.
Subtitle B--Military Housing
PART I--MILITARY UNACCOMPANIED HOUSING
SEC. 2821. UNIFORM CONDITION INDEX FOR MILITARY UNACCOMPANIED
HOUSING.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations requiring the Assistant Secretary of
Defense for Energy, Installations, and Environment to
complete and issue a uniform facility condition index for
military unaccompanied housing, including such housing that
is existing as of the date of the enactment of this Act and
any such housing constructed or used on or after such date of
enactment.
(b) Completion of Index.--The uniform facility condition
index required under subsection (a) shall be completed and
issued by not later than October 1, 2024.
(c) Military Unaccompanied Housing Defined.--In this
section, the term ``military unaccompanied housing'' means
the following housing owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2822. CERTIFICATION OF HABITABILITY OF MILITARY
UNACCOMPANIED HOUSING.
(a) In General.--The Secretary of Defense shall include
with the submission to Congress by the President of the
annual budget of the Department of Defense under section
1105(a) of title 31, United States Code, a certification from
the Secretary of each military department to the
congressional defense committees that the cost for all needed
repairs and improvements for each occupied military
unaccompanied housing facility under the jurisdiction of such
Secretary does not exceed 20 percent of the replacement cost
of such facility, as mandated by Department of Defense Manual
4165.63, ``DoD Housing Management'', or successor issuance.
(b) Military Unaccompanied Housing Defined.--In this
section, the term ``military unaccompanied housing'' means
the following housing owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2823. MAINTENANCE WORK ORDER MANAGEMENT PROCESS FOR
MILITARY UNACCOMPANIED HOUSING.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations to establish for each military
department a process associated with maintenance work order
management for military unaccompanied housing under the
jurisdiction of such military department, including such
housing that is existing as of the date of the enactment of
this Act and any such housing constructed or used on or after
such date of enactment.
(b) Use of Process.--The processes required under
subsection (a) shall clearly define requirements for
effective and timely maintenance work order management,
including requirements with respect to--
(1) quality assurance for maintenance completed;
(2) communication of maintenance progress and resolution
with management of military unaccompanied housing, barracks
managers, and residents; and
(3) standardized performance metrics, such as the
timeliness of completion of work orders.
(c) Administration.--The Secretary of each military
department shall administer the work order process required
under subsection (a) for such military department and shall
issue or update relevant guidance as necessary.
(d) Military Unaccompanied Housing Defined.--In this
section, the term ``military unaccompanied housing'' means
the following housing owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2824. EXPANSION OF UNIFORM CODE OF BASIC STANDARDS FOR
MILITARY HOUSING TO INCLUDE MILITARY
UNACCOMPANIED HOUSING.
(a) In General.--Section 2818 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 2871 note) is amended--
(1) in the section heading, by striking ``family''; and
(2) in subsection (a)--
(A) by striking ``family''; and
(B) by inserting ``, including military unaccompanied
housing (as defined in section 2871 of title 10, United
States Code)'' before the period at the end.
(b) Implementation.--
(1) In general.--In implementing the amendments made by
subsection (a), the Secretary of Defense shall ensure that
the standards required under section 2818 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2871 note),
as modified pursuant to those amendments, apply to military
unaccompanied housing that is existing as of the date of the
enactment of this Act and any such housing constructed or
used on or after such date of enactment.
(2) Military unaccompanied housing defined.--In this
subsection, the term ``military unaccompanied housing'' means
the following housing owned by the United States Government:
(A) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(B) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2825. OVERSIGHT OF MILITARY UNACCOMPANIED HOUSING.
(a) Civilian Oversight.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations to require that the Secretary of each
military department establish a civilian employee of the
Department of Defense, or of the military department
concerned, at the housing office for each installation of the
Department under the jurisdiction of such Secretary to
oversee military unaccompanied housing at that installation.
(2) Supervisory chain.--For any installation of the
Department for which the unaccompanied housing manager is a
member of the Armed Forces, the civilian employee established
under paragraph (1) at such installation shall report to a
civilian employee at the housing office for such
installation.
(b) Barracks or Dormitory Manager Requirements.--
(1) Limitation on role by members of the armed forces.--No
enlisted member of the Armed Forces or commissioned officer
may be designated as a barracks manager or supervisor in
charge of overseeing, managing, accepting, or compiling
maintenance records for any military unaccompanied housing as
a collateral duty.
(2) Position designation.--The function of a barracks
manager or supervisor described in paragraph (1) for an
installation of the Department shall be completed by a
civilian employee or contractor of the Department who shall
report to the government housing office of the installation.
(c) Military Unaccompanied Housing Defined.--In this
section, the term ``military unaccompanied housing'' means
the following housing owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2826. ELIMINATION OF FLEXIBILITIES FOR ADEQUACY OR
CONSTRUCTION STANDARDS FOR MILITARY
UNACCOMPANIED HOUSING.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
modify all directives, instructions, manuals, regulations,
policies, and other guidance and issuances of the Department
of Defense to eliminate the grant of any flexibilities to--
(1) minimum adequacy standards for configuration, privacy,
condition, health, and safety for existing permanent party
military unaccompanied housing to be considered suitable for
assignment or occupancy; and
(2) standards for the construction of new military
unaccompanied housing.
(b) Matters Included.--The requirement under subsection (a)
shall include modifications that remove the flexibility
provided to the military departments with respect to
standards for adequacy for assignment and new construction
standards for military unaccompanied housing, including
modification of the Housing Management Manual of the
Department of Defense and Department of Defense Manual
4165.63, ``DoD Housing Management''.
(c) Military Unaccompanied Housing Defined.--In this
section, the term ``military
[[Page S4060]]
unaccompanied housing'' means the following housing owned by
the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2827. DESIGN STANDARDS FOR MILITARY UNACCOMPANIED
HOUSING.
(a) Uniform Standards for Floor Space, Number of Members
Allowed, and Habitability.--
(1) In general.--Section 2856 of title 10, United States
Code, is amended--
(A) in the section heading, by striking ``local
comparability of floor areas'' and inserting ``standards'';
(B) by striking ``In'' and inserting ``(a) Local
Comparability in Floor Areas.--In'';
(C) in subsection (a), as designated by subparagraph (B),
by inserting ``, except for purposes of meeting minimum area
requirements under subsection (b)(1)(A),'' after ``exceed'';
and
(D) by adding at the end the following new subsection:
``(b) Floor Space, Number of Members Allowed, and
Habitability.--
``(1) In general.--In the design, assignment, and use of
military unaccompanied housing, the Secretary of Defense
shall establish uniform standards that--
``(A) provide a minimum area of floor space, not including
bathrooms or closets, per individual occupying a unit of
military unaccompanied housing;
``(B) ensure that not more than two individuals may occupy
such a unit; and
``(C) provide definitions and measures for habitability,
specifying criteria of design and materiel quality to be
applied and levels of maintenance to be required.
``(2) Waiver.--Standards established under paragraph (1)
may be waived for specific units of military unaccompanied
housing by the Secretary concerned (who may not delegate such
waiver) for a period not longer than one year and may not be
renewed.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of title 10,
United States Code, is amended by striking the item relating
to section 2856 and inserting the following new item:
``2856. Military unaccompanied housing: standards.''.
(b) Completion and Issuance of Uniform Standards.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall--
(1)(A) ensure that the uniform standards required under
section 2856(b)(1) of title 10, United States Code, as added
by subsection (a)(1)(D), are completed and issued; and
(B) submit to the congressional defense committees a copy
of those standards; or
(2) submit to the congressional defense committees a
report, under the Secretary's signature--
(A) explaining in detail why those standards are not
completed and issued;
(B) indicating when those standards are expected to be
completed and issued; and
(C) specifying the names of the personnel responsible for
the failure of the Department of Defense to comply with
paragraph (1).
(c) Compliance With Uniform Standards.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of each military
department shall ensure that all military unaccompanied
housing, including privatized military housing under
subchapter IV of chapter 169 of title 10, United States Code,
located on an installation under the jurisdiction of such
Secretary complies with the uniform standards established
under section 2856(b)(1) of title 10, United States Code, as
added by subsection (a)(1)(D).
(2) No waiver.--The requirement under paragraph (1) may not
be waived.
(3) Military unaccompanied housing defined.--In this
subsection, the term ``military unaccompanied housing'' has
the meaning given that term in section 2871 of title 10,
United States Code.
(d) Certification of Budget Requirements.--The Under
Secretary of Defense (Comptroller) shall include with the
submission to Congress by the President of the annual budget
of the Department of Defense for each of fiscal years 2025
through 2029 under section 1105(a) of title 31, United States
Code, a signed certification that the Department of Defense
and each of the military departments has requested sufficient
funds to comply with this section and the amendments made by
this section.
SEC. 2828. TERMINATION OF HABITABILITY STANDARD WAIVERS AND
ASSESSMENT AND PLAN WITH RESPECT TO MILITARY
UNACCOMPANIED HOUSING.
(a) Termination of Habitability Standard Waivers.--On and
after February 1, 2025, any waiver by the Department of
Defense of habitability standards for military unaccompanied
housing in effect as of such date shall terminate.
(b) Assessment.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of each military department,
shall submit to the congressional defense committees an
assessment on the following:
(1) The number of waivers currently in place for any
standards for military unaccompanied housing as it relates to
occupancy and habitability, disaggregated by Armed Force,
location, and facility.
(2) A list of each such waiver, disaggregated by Armed
Force, with a notation of which official appointed by the
President and confirmed by the Senate approved the waiver.
(3) The number of members of the Armed Forces impacted by
each such waiver, disaggregated by location.
(c) Plan.--
(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 each military department,
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives and the Comptroller
General of the United States a plan on addressing the
deficiencies of military unaccompanied housing, including
barracks and dormitories, that led to the use of waivers
described in subsection (b)(1).
(2) Elements.--The plan required under paragraph (1) shall
include--
(A) a timeline for repairs, renovations, or minor or major
military construction;
(B) the cost of any such repair, renovation, or
construction; and
(C) an installation-by-installation get-well plan.
(3) Implementation.--Not later than 60 days after receiving
the plan required under paragraph (1), the Comptroller
General shall brief the Committees on Armed Services of the
Senate and the House of Representatives on--
(A) the ability of the Department of Defense to execute the
plan; and
(B) any recommendations of the Comptroller General for
modifying the plan.
(d) Military Unaccompanied Housing Defined.--In this
section, the term ``military unaccompanied housing'' means
the following housing owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2829. REQUIREMENT FOR SECURITY CAMERAS IN COMMON AREAS
AND ENTRY POINTS OF MILITARY UNACCOMPANIED
HOUSING.
(a) New Housing.--The Secretary of Defense shall ensure
that all renovations of military unaccompanied housing
authorized on or after the date of the enactment of this Act
that exceed 20 percent of the replacement cost of such
facility and all construction of new military unaccompanied
housing authorized on or after such date are designed and
executed with security cameras in all common areas and entry
points as part of a closed circuit television system.
(b) Retrofitting.--Not later than three years after the
date of the enactment of this Act, the Secretary shall ensure
that all military unaccompanied housing facilities are
retrofitted with security cameras in all common areas and
entry points as part of a closed circuit television system.
(c) Definitions.--In this section:
(1) Common area.--The term ``common area'' has the meaning
given that term by the Secretary of Defense and shall balance
the need to increase security in appropriate areas with the
privacy expectations of members of the Armed Forces in
military unaccompanied housing.
(2) Military unaccompanied housing.--The term ``military
unaccompanied housing'' means the following housing owned by
the United States Government:
(A) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(B) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2830. ANNUAL REPORT ON MILITARY UNACCOMPANIED HOUSING.
(a) In General.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for the
following four years, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on military unaccompanied
housing, excluding privatized military housing under
subchapter IV of chapter 169 of title 10, United States Code.
(b) Elements.--Each report required under subsection (a)
shall contain a section provided by each Secretary of a
military department that--
(1) is certified by the Secretary concerned;
(2) includes a list of all military unaccompanied housing
facilities located on each installation under the
jurisdiction of the Secretary concerned;
(3) identifies the replacement cost for each such facility;
(4) identifies the percentage of repair costs as it
compares to the total replacement cost for each such
facility; and
(5) specifies the funding required to conduct all needed
repairs and improvements at each such facility.
(c) Military Unaccompanied Housing Defined.--In this
section, the term ``military unaccompanied housing'' has the
meaning given that term in section 2871 of title 10, United
States Code.
[[Page S4061]]
PART II--PRIVATIZED MILITARY HOUSING
SEC. 2841. IMPROVEMENTS TO PRIVATIZED MILITARY HOUSING.
(a) Limitation on Housing Enhancement Payments.--Section
606(a)(2) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;10
U.S.C. 2871 note) is amended--
(1) in subparagraph (A)--
(A) by striking ``Each month'' and inserting ``Except as
provided in subparagraph (D), each month''; and
(B) by striking ``one of more'' and inserting ``one or
more''; and
(2) by adding at the end the following new subparagraph:
``(D) Limitation on payment.--
``(i) In general.--Subject to clause (ii), the Secretary of
a military department may not make a payment under
subparagraph (A) to a lessor unless the Assistant Secretary
of Defense for Energy, Installations, and Environment
determines the lessor is in compliance with the Military
Housing Privatization Initiative Tenant Bill of Rights
developed under section 2890 of title 10, United States Code.
``(ii) Application.--The limitation under clause (i) shall
apply to any payment under a housing agreement entered into
on or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024 by the Secretary of a
military department with a lessor.''.
(b) Inclusion of Information on Compliance With Tenant Bill
of Rights in Notice of Lease Extension.--Section 2878(f)(2)
of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(E) An assessment of compliance by the lessor with the
Military Housing Privatization Initiative Tenant Bill of
Rights developed under section 2890 of this title.''.
(c) Modification of Authority To Investigate Reprisals.--
Subsection (e) of section 2890 of such title is amended--
(1) in paragraph (1)--
(A) by striking ``Assistant Secretary of Defense for
Sustainment'' and inserting ``Inspector General of the
Department of Defense''; and
(B) by striking ``member of the armed forces'' and
inserting ``tenant'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Assistant Secretary of Defense for
Sustainment'' and inserting ``Inspector General'';
(ii) by striking ``member of the armed forces'' and
inserting ``tenant''; and
(iii) by striking ``Assistant Secretary'' and inserting
``Inspector General''; and
(B) in subparagraph (B), by striking ``Assistant
Secretary'' and inserting ``Inspector General''; and
(3) in paragraph (3)--
(A) by striking ``Assistant Secretary of Defense for
Sustainment'' and inserting ``Inspector General of the
Department of Defense''; and
(B) by striking ``Secretary of the military department
concerned'' and inserting ``Inspector General of the military
department concerned''.
SEC. 2842. IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS RELATING TO STRENGTHENING
OVERSIGHT OF PRIVATIZED MILITARY HOUSING.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) implement the recommendations of the Comptroller
General of the United States contained in the report
published by the Comptroller General on April 6, 2023,
reissued with revisions on April 20, 2023, and titled ``DOD
Can Further Strengthen Oversight of Its Privatized Housing
Program'' (GAO-23-105377); or
(2) if the Secretary does not implement any such
recommendation, submit to the Committees on Armed Services of
the Senate and the House of Representatives a report
explaining why the Secretary has not implemented those
recommendations.
SEC. 2843. TREATMENT OF NONDISCLOSURE AGREEMENTS WITH RESPECT
TO PRIVATIZED MILITARY HOUSING.
Section 2890(f)(1) of title 10, United States Code, is
amended--
(1) by striking ``A tenant or prospective tenant of a
housing unit may not be required to sign'' and inserting ``A
landlord may not request that a tenant or prospective tenant
of a housing unit sign''; and
(2) by inserting at the end the following: ``The military
services should seek to inform members of the armed forces of
the possible consequences of entering into a nondisclosure
agreement and encourage members to seek legal counsel before
entering into such an agreement if they have questions about
specific contractual terms.''.
PART III--OTHER HOUSING MATTERS
SEC. 2851. DEPARTMENT OF DEFENSE MILITARY HOUSING READINESS
COUNCIL.
(a) In General.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by inserting after section
1781c the following new section:
``Sec. 1781d. Department of Defense Military Housing
Readiness Council
``(a) In General.--There is in the Department of Defense
the Department of Defense Military Housing Readiness Council
(in this section referred to as the `Council').
``(b) Members.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Assistant Secretary of Defense for Energy,
Installations, and Environment, who shall serve as chair of
the Council and who may designate a representative to chair
the Council in the absence of the Assistant Secretary.
``(B) One representative of each of the Army, Navy, Air
Force, Marine Corps, and Space Force, each of whom shall be a
member of the armed force to be represented and not fewer
than two of which shall be from an enlisted component.
``(C) One spouse of a member of each of the Army, Navy, Air
Force, Marine Corps, and Space Force on active duty, not
fewer than two of which shall be the spouse of an enlisted
member.
``(D) One professional from each of the following fields,
each of whom shall possess expertise in State and Federal
housing standards in their respective field:
``(i) Plumbing.
``(ii) Electrical.
``(iii) Heating, ventilation, and air conditioning (HVAC).
``(iv) Certified home inspection.
``(v) Roofing.
``(vi) Structural engineering.
``(vii) Window fall prevention and safety.
``(E) Two representatives of organizations that advocate on
behalf of military families with respect to military housing.
``(F) One individual appointed by the Secretary of Defense
among representatives of the International Code Council.
``(G) One individual appointed by the Secretary of Defense
among representatives of the Institute of Inspection Cleaning
and Restoration Certification.
``(H) One individual appointed by the Secretary of Defense
among representatives of a voluntary consensus standards body
that develops construction standards (such as building,
plumbing, mechanical, or electrical).
``(I) One individual appointed by the Secretary of Defense
among representatives of a voluntary consensus standards body
that develops personnel certification standards for building
maintenance or restoration.
``(2) Terms.--The term on the Council of the members
specified under subparagraphs (B) through (M) of paragraph
(1) shall be two years and may be renewed by the Secretary of
Defense.
``(3) Attendance by landlords.--The chair of the Council
shall extend an invitation to each landlord for one
representative of each landlord to attend such meetings of
the Council as the chair considers appropriate.
``(4) Additional requirements for certain members.--Each
member appointed under paragraph (1)(D) may not be affiliated
with--
``(A) any organization that provides privatized military
housing; or
``(B) the Department of Defense.
``(c) Meetings.--The Council shall meet two times each
year.
``(d) Duties.--The duties of the Council shall include the
following:
``(1) To review and make recommendations to the Secretary
of Defense regarding policies for privatized military
housing, including inspections practices, resident surveys,
landlord payment of medical bills for residents of housing
units that have not maintained minimum standards of
habitability, and access to maintenance work order systems.
``(2) To monitor compliance by the Department of Defense
with and effective implementation by the Department of
statutory and regulatory improvements to policies for
privatized military housing, including the Military Housing
Privatization Initiative Tenant Bill of Rights developed
under section 2890 of this title and the complaint database
established under section 2894a of this title.
``(3) To make recommendations to the Secretary of Defense
to improve collaboration, awareness, and promotion of
accurate and timely information about privatized military
housing, accommodations available through the Exceptional
Family Member Program of the Department, and other support
services among policymakers, providers of such accommodations
and other support services, and targeted beneficiaries of
such accommodations and other support services.
``(e) Public Reporting.--
``(1) Availability of documents.--Subject to section 552 of
title 5 (commonly known as the `Freedom of Information Act'),
the records, reports, transcripts, minutes, appendices,
working papers, drafts, studies, agenda, and other documents
made available to or prepared for or by the Council shall be
available for public inspection and copying at a single
location in a publicly accessible format on a website of the
Department of Defense until the Council ceases to exist.
``(2) Minutes.--
``(A) In general.--Detailed minutes of each meeting of the
Council shall be kept and shall contain--
``(i) a record of the individuals present;
``(ii) a complete and accurate description of matters
discussed and conclusions reached; and
``(iii) copies of all reports received, issued, or approved
by the Council.
``(B) Certification.--The chair of the Council shall
certify the accuracy of the minutes of each meeting of the
Council.
``(f) Annual Reports.--
``(1) In general.--Not later than March 1 each year, the
Council shall submit to the Secretary of Defense and the
congressional defense committees a report on privatized
military housing readiness.
[[Page S4062]]
``(2) Elements.--Each report under this subsection shall
include the following:
``(A) An assessment of the adequacy and effectiveness of
the provision of privatized military housing and the
activities of the Department of Defense in meeting the needs
of military families relating to housing during the preceding
fiscal year.
``(B) A description of activities of the Council during the
preceding fiscal year, including--
``(i) analyses of complaints of tenants of housing units;
``(ii) data received by the Council on maintenance response
time and completion of maintenance requests relating to
housing units;
``(iii) assessments of dispute resolution processes;
``(iv) assessments of overall customer service for tenants;
``(v) assessments of results of housing inspections
conducted with and without notice; and
``(vi) any survey results conducted on behalf of or
received by the Council.
``(C) Recommendations on actions to be taken to improve the
capability of the provision of privatized military housing
and the activities of the Department of Defense to meet the
needs and requirements of military families relating to
housing, including actions relating to the allocation of
funding and other resources.
``(3) Public availability.--Each report under this
subsection shall be made available in a publicly accessible
format on a website of the Department of Defense.
``(g) Definitions.--In this section:
``(1) Landlord.--The term `landlord' has the meaning given
that term in section 2871 of this title.
``(2) Privatized military housing.--The term `privatized
military housing' means housing provided under subchapter IV
of chapter 169 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 1781c the following new item:
``1781d. Department of Defense Military Housing Readiness Council.''.
SEC. 2852. INCLUSION IN ANNUAL STATUS OF FORCES SURVEY OF
QUESTIONS REGARDING LIVING CONDITIONS OF
MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall include in each status of
forces survey of the Department of Defense conducted on or
after the date of the enactment of this Act questions
specifically targeting the following areas:
(1) Overall satisfaction of members of the Armed Forces
with their current living accommodation.
(2) Satisfaction of such members with the physical
condition of their current living accommodation.
(3) Satisfaction of such members with the affordability of
their current living accommodation.
(4) Whether the current living accommodation of such
members has impacted any decision related to reenlistment in
the Armed Forces.
Subtitle C--Land Conveyances
SEC. 2861. LAND CONVEYANCE, BG J SUMNER JONES ARMY RESERVE
CENTER, WHEELING, WEST VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Army (in this section
referred to as the ``Secretary'') may convey to the City of
Wheeling, West Virginia (in this section referred to as the
``City''), all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 3.33 acres,
known as the former BG J Sumner Jones Army Reserve Center,
located within the City, for the purpose of providing
emergency management response or law enforcement services.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph
(1) shall be subject to any easement, restriction, or
covenant of record applicable to the property and in
existence on the date of the enactment of this Act.
(b) Revisionary Interest.--
(1) In general.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest
in and to the property, including any improvements thereto,
may, at the option of the Secretary, revert to and become the
property of the United States, and the United States may have
the right of immediate entry onto such property.
(2) Determination.--A determination by the Secretary under
paragraph (1) may be made on the record after an opportunity
for a hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the City
to cover all costs (except costs for environmental
remediation of the property) to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including costs for environmental and real estate due
diligence and any other administrative costs related to the
conveyance.
(2) Refund of excess amounts.--If amounts are collected
from the City under paragraph (1) in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance under subsection (a), the Secretary shall refund
the excess amount to the City.
(d) Limitation on Source of Funds.--The City may not use
Federal funds to cover any portion of the costs required to
be paid by the City under this section.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2862. LAND CONVEYANCE, WETZEL COUNTY MEMORIAL ARMY
RESERVE CENTER, NEW MARTINSVILLE, WEST
VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Army (in this section
referred to as the ``Secretary'') may convey to the City of
New Martinsville, West Virginia (in this section referred to
as the ``City''), all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 2.96
acres, known as the former Wetzel County Memorial Army
Reserve Center, located within the City, for the purpose of
providing emergency management response or law enforcement
services.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph
(1) shall be subject to any easement, restriction, or
covenant of record applicable to the property and in
existence on the date of the enactment of this Act.
(b) Revisionary Interest.--
(1) In general.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest
in and to the property, including any improvements thereto,
may, at the option of the Secretary, revert to and become the
property of the United States, and the United States may have
the right of immediate entry onto such property.
(2) Determination.--A determination by the Secretary under
paragraph (1) may be made on the record after an opportunity
for a hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the City
to cover all costs (except costs for environmental
remediation of the property) to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including costs for environmental and real estate due
diligence and any other administrative costs related to the
conveyance.
(2) Refund of excess amounts.--If amounts are collected
from the City under paragraph (1) in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance under subsection (a), the Secretary shall refund
the excess amount to the City.
(d) Limitation on Source of Funds.--The City may not use
Federal funds to cover any portion of the costs required to
be paid by the City under this section.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
Subtitle D--Other Matters
SEC. 2871. AUTHORITY TO CONDUCT ENERGY RESILIENCE AND
CONSERVATION PROJECTS AT INSTALLATIONS WHERE
NON-DEPARTMENT OF DEFENSE FUNDED ENERGY
PROJECTS HAVE OCCURRED.
Subsection (k) of section 2688 of title 10, United States
Codes, is amended to read as follows:
``(k) Improvement of Conveyed Utility System.--(1) In the
case of a utility system that has been conveyed under this
section and that only provides utility services to a military
installation, the Secretary of Defense or the Secretary of a
military department may authorize a contract on a sole source
basis with the conveyee of the utility system to carry out a
military construction project as authorized and appropriated
for by law for an infrastructure improvement that enhances
the reliability, resilience, efficiency, physical security,
or cybersecurity of the utility system.
``(2) The Secretary of Defense or the Secretary of a
military Department may convey under subsection (j) any
infrastructure constructed under paragraph (1) that is in
addition to the utility system conveyed under such
paragraph.''.
SEC. 2872. LIMITATION ON AUTHORITY TO MODIFY OR RESTRICT
PUBLIC ACCESS TO GREENBURY POINT CONSERVATION
AREA AT NAVAL SUPPORT ACTIVITY ANNAPOLIS,
MARYLAND.
(a) In General.--Except as provided in subsection (b), the
Secretary of the Navy may not modify or restrict public
access to the Greenbury Point Conservation Area at
[[Page S4063]]
Naval Support Activity Annapolis, Maryland, until--
(1) the Secretary submits to Congress a report describing
the manner in which such access will be modified or
restricted; and
(2) a law is enacted permitting such modifications or
restrictions.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) temporary restrictions to protect public safety that
are necessitated by emergent situations, hazardous
conditions, maintenance of existing facilities, or live fire
exercises; or
(2) the lease or transfer of the Greenbury Point
Conservation Area to another public entity.
SEC. 2873. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO
RESOLVE THE ELECTRICAL UTILITY OPERATIONS AT
FORMER NAVAL AIR STATION BARBERS POINT
(CURRENTLY KNOWN AS ``KALAELOA''), HAWAII.
(a) In General.--The Secretary of the Navy (in this section
referred to as the ``Secretary'') may enter into an agreement
with the State of Hawaii for the purpose of resolving the
electrical utility operations at Former Naval Air Station
Barbers Point, also known as ``Kalaeloa'', Hawaii.
(b) Elements of Agreement.--An agreement entered into under
subsection (a) shall include a requirement that the
Secretary--
(1) assist with--
(A) the transfer of customers of the Navy off of the
electrical utility system of the Navy in the location
specified in such subsection; and
(B) the enhancement of the new surrounding electrical
system to accept any additional load from such transfer, with
a priority in the downtown area, which is home to nine large
customers, including the Hawaii Army National Guard;
(2) provide the instantaneous peak demand analysis and
design necessary to conduct such transfer;
(3) provide rights of way and easements necessary to
support the construction of replacement electrical
infrastructure; and
(4) be responsible for all environmental assessments and
remediation and costs related to the removal and disposal of
the electrical utility system of the Navy once it is no
longer in use.
(c) Limitation on Expenditure of Amounts.--The Secretary
may expend not more than $48,000,000 during any fiscal year
to provide support for an agreement entered into under
subsection (a).
(d) Notification.--Not later than 180 days after the date
of the enactment of this Act, and not less frequently than
every 180 days thereafter, the Secretary shall submit to the
congressional defense committees a report on progress made in
initiating and executing an agreement under subsection (a).
SEC. 2874. CLARIFICATION OF OTHER TRANSACTION AUTHORITY FOR
INSTALLATION OR FACILITY PROTOTYPING.
Section 4022(i) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a period;
(B) by striking subparagraph (B); and
(C) by striking ``paragraph (1)'' and all that follows
through ``not more'' and inserting ``paragraph (1), except
for projects carried out for the purpose of repairing a
facility, not more'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Use of amounts.--The Secretary of Defense or the
Secretary of a military department may carry out prototype
projects under the pilot program established under paragraph
(1) using amounts available for military construction,
notwithstanding--
``(A) subchapters I and III of chapter 169 of this title;
and
``(B) chapters 221 and 223 of this title.''.
SEC. 2875. REQUIREMENT THAT DEPARTMENT OF DEFENSE INCLUDE
MILITARY INSTALLATION RESILIENCE IN REAL
PROPERTY MANAGEMENT AND INSTALLATION MASTER
PLANNING OF DEPARTMENT.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) update Department of Defense Instruction 4165.70
(relating to real property management) and Unified Facilities
Criteria 2-100-01 (relating to installation master planning)
to--
(A) include a requirement to incorporate the impact of
military installation resilience in all installation master
plans;
(B) include a list of all sources of information approved
by the Department of Defense;
(C) define the 17 military installation resilience hazards
to ensure that the impacts from such hazards are reported
consistently across the Department;
(D) require military installations to address the rationale
for determining that any such hazard is not applicable to the
installation;
(E) standardize reporting formats for military installation
resilience plans;
(F) establish and define standardized risk rating
categories for the use by all military departments; and
(G) define criteria for determining the level of risk to an
installation to compare hazards between military departments;
and
(2) require the Secretary of each military department to
update the handbook for the military department concerned to
incorporate the requirements under paragraph (1).
SEC. 2876. INCREASE OF LIMITATION ON FEE FOR ARCHITECTURAL
AND ENGINEERING SERVICES PROCURED BY MILITARY
DEPARTMENTS.
(a) Army.--Section 7540(b) of title 10, United States Code,
is amended by striking ``6 percent'' and inserting ``10
percent''.
(b) Navy.--Section 8612(b) of such title is amended by
striking ``6 percent'' and inserting ``10 percent''.
(c) Air Force.--Section 9540(b) of such title is amended by
striking ``6 percent'' and inserting ``10 percent''.
SEC. 2877. REQUIREMENT THAT ALL MATERIAL TYPES BE CONSIDERED
FOR DESIGN-BID-BUILD MILITARY CONSTRUCTION
PROJECTS.
(a) In General.--The Secretary concerned may not proceed
from the design phase of a design-bid-build military
construction project or solicit bids for the construction
phase of a design-bid-build military construction project
until the Secretary of Defense certifies that all materials
included in the Unified Facilities Criteria of the Department
of Defense have been equally considered for such project.
(b) Annual Report.--Not later than January 1 of each year,
the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense
committees a report--
(1) detailing the primary construction material for each
design-bid-build military construction project for which a
contract was awarded during the previous fiscal year in an
amount that exceeds $6,000,000; and
(2) identifying whether each such project was designed or
constructed based off a shelf design used at another
installation of the Department of Defense.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(a)(9) of title 10, United States Code.
SEC. 2878. CONTINUING EDUCATION CURRICULUM FOR MEMBERS OF THE
MILITARY CONSTRUCTION PLANNING AND DESIGN
WORKFORCE AND ACQUISITION WORKFORCE OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a continuing education curriculum for members of
the military construction planning and design workforce of
the Department of Defense and the acquisition workforce of
the Department responsible for military construction
projects.
(b) Curriculum.--The continuing education curriculum
required under subsection (a)--
(1) shall be focused on improving the understanding,
awareness, and utilization of innovative products for
construction systems with increased benefits relating to--
(A) construction speed;
(B) anti-terrorism force protection;
(C) lateral wind, seismic activity, and fire performance
standards;
(D) designs that factor in military installation resilience
and protection against extreme weather events;
(E) life-cycle cost effectiveness and sustainability;
(F) renewability; and
(G) carbon sequestration; and
(2) shall include instruction relating to--
(A) all sustainable building materials, such as innovative
wood products and mass timber systems; and
(B) designs to improve military installation resilience
using projection data against extreme weather events.
(c) Availability and Update.--The Secretary shall ensure
that--
(1) the continuing education curriculum required under
subsection (a) is made available to each element of the
military construction community not later than 60 days after
completion of the curriculum; and
(2) such curriculum is updated whenever a new construction
material is approved by the Unified Facilities Criteria of
the Department.
(d) Academia Input.--In developing the continuing education
curriculum required under subsection (a), the Secretary shall
consult with academic institutions.
(e) Timing.--Not later than January 1, 2025, the Secretary
shall ensure that--
(1) not less than 75 percent of the workforce described in
subsection (a) has completed the first iteration of the
continuing education curriculum required under such
subsection; and
(2) such workforce receives updated information on
innovative construction techniques on a continuing basis.
(f) Report.--Not later than June 1, 2024, the Secretary
shall submit to appropriate committees of Congress a report
containing an update on the status of the continuing
education curriculum required under subsection (a).
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Subcommittee on
Military Construction, Veterans Affairs and Related Agencies
of the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Subcommittee on
Military Construction, Veterans Affairs and Related Agencies
of the Committee on Appropriations of the House of
Representatives.
(2) Military installation resilience.--The term ``military
installation resilience'' has the meaning given that term in
section 101(e)(8) of title 10, United States Code.
[[Page S4064]]
SEC. 2879. GUIDANCE ON DEPARTMENT OF DEFENSE-WIDE STANDARDS
FOR ACCESS TO INSTALLATIONS OF THE DEPARTMENT.
(a) Interim Guidance.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall promulgate interim guidance to the appropriate official
or officials within the Department of Defense for purposes of
establishing final standards of the Department for fitness of
individuals for access to installations of the Department,
which shall include modifying Department of Defense Manual
5200.08, ``Physical Security Program: Access to DoD
Installations'', or any comparable or successor policy
guidance document.
(b) Final Guidance.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
promulgate final guidance described in subsection (a).
(c) Briefing.--Not later than 60 days after promulgating
interim guidance required under subsection (a), the Secretary
of Defense shall brief the Committees on Armed Services of
the Senate the House of Representatives on such guidance,
which shall include a timeline for promulgation of final
guidance as required under subsection (b).
SEC. 2880. DEPLOYMENT OF EXISTING CONSTRUCTION MATERIALS.
(a) Plan.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a plan to utilize, transfer, or donate to States
on the southern border of the United States all existing
excess border wall construction materials, including
bollards, for constructing a permanent physical barrier to
stop illicit human and vehicle traffic along the border of
the United States with Mexico.
(b) Execution of Plan.--Not later than 15 days after
submitting to Congress the plan required under subsection
(a), taking into account ongoing audits being conducted by
the Defense Contract Audit Agency and ongoing construction
contract negotiations by the Army Corps of Engineers, so long
as any ongoing audits or construction contract negotiations
are not a cause for delay, the Secretary shall work with the
Defense Logistics Agency to execute that plan until the
Department of Defense is no longer incurring any costs to
maintain, store, or protect the materials specified under
such subsection.
(c) Requirements of Requesting States.--Any State
requesting border wall construction materials made available
under this section must certify, in writing, that the
materials it accepts will be exclusively used for the
construction of a permanent physical barrier along the border
of the United States with Mexico.
(d) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report containing the following:
(1) A detailed description of the decision process of the
Secretary to forgo the excess property disposal process of
the Department of Defense and instead pay to store border
wall panels.
(2) A list of entities the Department is paying for use of
their privately owned land to store unused border wall
construction materials, with appropriate action taken to
protect personally identifiable information, such as by
making the list of entities available in an annex that is
labeled as controlled unclassified information.
(3) An explanation of the process through which the
Department contracted with private landowners to store unused
border wall construction materials, including whether there
was a competitive contracting process and whether the
landowners have instituted an inventory review system.
(4) A description of any investigations by the Inspector
General of the Department that have been opened related to
storing border wall construction materials.
SEC. 2881. TECHNICAL CORRECTIONS.
(a) Numu Newe Special Management Area.--Section 2902(c) of
the Military Construction Authorization Act for Fiscal Year
2023 (16 U.S.C. 460gggg(c)) is amended by striking
``217,845'' and inserting ``209,181''.
(b) Reduction of Impact of Fallon Range Training Complex
Modernization.--Section 2995(a)(3)(A) of the Military Land
Withdrawals Act of 2013 (title XXIX of Public Law 113-66), as
added by section 2901 of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public
Law 117-263; 136 Stat. 3016) is amended by inserting ``Gas''
after ``Basin''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2024 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
Project 24-D-513, Z-Pinch Experimental Underground System
Test Bed Facilities Improvement, Nevada National Security
Site, Nye County, Nevada, $80,000,000.
Project 24-D-512, TA-46 Protective Force Facility, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$48,500,000.
Project 24-D-511, Plutonium Production Building, Los Alamos
National Laboratory, Los Alamos, New Mexico, $48,500,000.
Project 24-D-510, Analytic Gas Laboratory, Pantex Plant,
Panhandle, Texas, $35,000,000.
Project 24-D-530, Naval Reactors Facility Medical Science
Complex, Idaho Falls, Idaho, $36,584,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2024 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in
section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant projects:
Project 24-D-401, Environmental Restoration Disposal
Facility Super Cell 11 Expansion Project, Hanford Site,
Richland, Washington, $1,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2024 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2024 for nuclear energy
as specified in the funding table in section 4701.
Subtitle B-- Program Authorizations, Restrictions, and Limitations
SEC. 3111. LIMITATION ON USE OF FUNDS FOR NAVAL NUCLEAR FUEL
SYSTEMS BASED ON LOW-ENRICHED URANIUM.
None of the funds authorized to be appropriated by this Act
for fiscal year 2024 for the National Nuclear Security
Administration for the purpose of conducting research and
development of an advanced naval nuclear fuel system based on
low-enriched uranium may be obligated or expended until the
following determinations are submitted to the congressional
defense committees:
(1) A determination made jointly by the Secretary of Energy
and the Secretary of Defense with respect to whether the
determination made jointly by the Secretary of Energy and the
Secretary of the Navy pursuant to section 3118(c)(1) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1196) and submitted to the
congressional defense committees on March 25, 2018, that the
United States should not pursue research and development of
an advanced naval nuclear fuel system based on low-enriched
uranium, remains valid.
(2) A determination by the Secretary of the Navy with
respect to whether an advanced naval nuclear fuel system
based on low-enriched uranium can be produced that would not
reduce vessel capability, increase expense, or reduce
operational availability as a result of refueling
requirements.
SEC. 3112. PROHIBITION ON ARIES EXPANSION BEFORE REALIZATION
OF 30 PIT PER YEAR BASE CAPABILITY.
Section 4219 of the Atomic Energy Defense Act (50 U.S.C.
2538a) is amended by--
(a) redesignating subsection (f) as subsection (g); and
(b) inserting after subsection (e) the following new
subsection (f):
``(f) Prohibition on ARIES Expansion Before Realization of
30 Pit Per Year Base Capability.--
``(1) In general.--Unless the Administrator certifies to
the congressional defense committees that the base capability
to produce 30 plutonium pits per year has been established at
Los Alamos National Laboratory, the Advanced Recovery and
Integrated Extraction System (commonly known as `ARIES')
spaces at the Plutonium Facility at Technical Area 55
(commonly known as `PF-4') may not be modified, including by
installing additional equipment.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to--
``(A) the planning and design of an additional ARIES
capability; or
``(B) the transfer of the ARIES capability to a location
other than PF-4.''.
SEC. 3113. PLUTONIUM MODERNIZATION PROGRAM MANAGEMENT.
Section 4219 of the Atomic Energy Defense Act (50 U.S.C.
2538a) is amended by adding at the end the following new
subsection:
``(h) Not later than 570 days after the date of the
enactment of this Act, the Administrator for Nuclear Security
shall ensure that the plutonium modernization program
established by the Office of Defense Programs of the National
Nuclear Security Administration, or any subsequently
developed program designed to meet the requirements under
subsection (a), is managed in accordance with the
requirements of the Enhanced Management A program management
category described in the execution instruction of the Office
of Defense Programs entitled `DP Program Execution
Instruction: NA-10 Program Management Tools and Processes'
and issued on January 14, 2016, or any subsequent
directive.''.
[[Page S4065]]
SEC. 3114. PANTEX EXPLOSIVES MANUFACTURING CAPABILITY.
Subtitle A of title XLII of the Atomic Energy Defense Act
(50 U.S.C. 2521 et seq.) is amended by adding at the end the
following new section:
``SEC. 4225. PANTEX EXPLOSIVES MANUFACTURING CAPABILITY.
``(a) In General.--Not later than the date on which the
W87-1 modification program enters into phase 6.5 of the joint
nuclear weapons life cycle process (as defined in section
4220), the Administrator shall establish at the Pantex Plant
a conventional high explosives production capability with
sufficient capacity to support full rate production of the
main explosives used for the W87-1 warhead.
``(b) Briefing.--On the day after the date that the budget
of the President is submitted to Congress under section
1105(a) of title 31, United States Code, for fiscal year 2025
and each fiscal year thereafter, the Administrator shall
brief the congressional defense committees on the progress of
the Administration in achieving the capability described in
subsection (a).
``(c) Termination.--Subsection (b) shall terminate upon the
date that the Administrator certifies to the congressional
defense committees that the capability described in
subsection (a) has been achieved.''.
SEC. 3115. LIMITATION ON ESTABLISHING AN ENDURING
BIOASSURANCE PROGRAM WITHIN THE NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Subtitle B of title XLVIII of the Atomic
Energy Defense Act (50 U.S.C. 2791 et seq.) is amended by
adding at the end the following section:
``SEC. 4815. LIMITATION ON ESTABLISHING AN ENDURING
BIOASSURANCE PROGRAM WITHIN THE ADMINISTRATION.
``(a) In General.--The Administrator may not establish a
program within the Administration for the purposes of
executing an enduring national security research and
development effort to broaden the role of the Department of
Energy in national biodefense.
``(b) Rule of Construction.--The limitation described in
subsection (a) shall not be interpreted--
``(1) to prohibit the establishment of a bioassurance
program for the purpose of executing enduring national
security research and development in any component of the
Department of Energy other than the Administration or in any
other Federal agency; or
``(2) to impede the use of resources of the Administration,
including resources provided by a national security
laboratory or a nuclear weapons production facility site, to
support the execution of a bioassurance program, if such
support is provided--
``(A) on a cost-reimbursable basis to an entity that is not
a component of the Department of Energy; and
``(B) in a manner that does not interfere with mission of
such laboratory or facility.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4814 the following new item:
``Sec. 4815. Limitation on establishing an enduring bioassurance
program within the Administration.''.
SEC. 3116. EXTENSION OF AUTHORITY ON ACCEPTANCE OF
CONTRIBUTIONS FOR ACCELERATION OR REMOVAL OR
SECURITY OF FISSILE MATERIALS, RADIOLOGICAL
MATERIALS, AND RELATED EQUIPMENT AT VULNERABLE
SITES WORLDWIDE.
Section 4306B(f)(6) of the Atomic Energy Defense Act (50
U.S.C. 2569(f)(6)) is amended by striking ``2028'' and
inserting ``2033''.
SEC. 3117. MODIFICATION OF REPORTING REQUIREMENTS FOR PROGRAM
ON VULNERABLE SITES.
(a) In General.--Section 4306B of the Atomic Energy Defense
Act (50 U.S.C. 2569) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively; and
(3) in paragraph (6) of subsection (e), as so redesignated,
by striking ``2028'' and inserting ``2030''.
(b) Conforming Amendment.--Section 4309(c)(7) of the Atomic
Energy Defense Act (50 U.S.C. 2575(c)(7)) is amended by
striking ``section 3132(f) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (50 U.S.C.
2569(f))'' and inserting ``section 4306B(e)''.
SEC. 3118. IMPLEMENTATION OF ENHANCED MISSION DELIVERY
INITIATIVE.
(a) In General.--Concurrent with the submission of the
budget of the President to Congress under section 1105(a) of
title 31, United States Code, for each of fiscal years 2025
through 2029, the Administrator for Nuclear Security, acting
through the Director for Cost Estimating and Program
Evaluation, shall brief the congressional defense committees
on the status of implementing the 18 principal
recommendations and associated subelements of the report
entitled ``Evolving the Nuclear Security Enterprise: A Report
of the Enhanced Mission Delivery Initiative'', published by
the National Nuclear Security Administration in September
2022.
(b) Elements of Briefings.--Each briefing required by
subsection (a) shall address--
(1) the status of implementing each recommendation
described in subsection (a);
(2) with respect to each recommendation that has been
implemented, whether the outcome of such implementation is
achieving the desired result;
(3) with respect to each recommendation that has not been
implemented, the reason for not implementing such
recommendation;
(4) whether additional legislation is required in order to
implement a recommendation; and
(5) such other matters as the Administrator considers
necessary.
SEC. 3119. LIMITATION ON USE OF FUNDS UNTIL PROVISION OF
SPEND PLAN FOR W80-4 ALT WEAPON DEVELOPMENT.
Of the funds authorized to be appropriated by this Act for
fiscal year 2024 for operations of the Office of the
Administrator for Nuclear Security, not more than 50 percent
may be obligated or expended until the date on which the
Administrator for Nuclear Security submits to the
congressional defense committees the spend plan for the
warhead associated with the sea-launched cruise missile
required by section 1642(d) of the National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
SEC. 3120. ANALYSES OF NUCLEAR PROGRAMS OF FOREIGN COUNTRIES.
(a) Capability to Conduct Analyses of Nuclear Programs.--
The Secretary of Energy shall, using existing authorities of
the Secretary, take such actions as are necessary to improve
the ability of the Department of Energy to conduct
comprehensive, integrated analyses of the nuclear programs of
foreign countries.
(b) Additional Analyses Required.--The Secretary shall
conduct analyses of--
(1) countries that may pursue nuclear weapons programs in
the future;
(2) developing technologies that make it easier for the
governments of countries or for non-state actors to acquire
nuclear weapons; and
(3) entities that may be developing the ability to supply
sensitive nuclear technologies but may not yet have effective
programs in place to ensure compliance with export controls.
SEC. 3121. ENHANCING NATIONAL NUCLEAR SECURITY ADMINISTRATION
SUPPLY CHAIN RELIABILITY.
(a) In General.--Subtitle A of title XLVIII of the Atomic
Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by
adding at the end the following new section:
``SEC. 4808. SUPPLY CHAIN RELIABILITY ASSURANCE PROGRAM.
``The Administrator shall establish a supply chain
reliability assurance program--
``(1) to facilitate collaboration with the Department of
Defense and industrial partners to maintain a reliable
domestic supplier base for critical materials to meet
engineering and performance requirements of the
Administration and the Department of Defense; and
``(2) to improve coordination with the Infrastructure and
Operations Program and the Programmatic Recapitalization
Working Group to improve planning for material requirements
and potential disruptions to commercial or contractor supply
chains, including with respect to--
``(A) assisting in coordination for forecasting future
needs in both legacy inventories and new procurements;
``(B) establishing clear requirements for nuclear security
enterprise assurance and, when cost-effective, to use
capabilities of the Administration to restore mission
schedules at risk; and
``(C) collaborating with the Department of Defense and
industrial partners to establish processes to mitigate
manufacturing challenges and to develop strategies to lower
long-term costs, while identifying and preserving production
of materials and components by the Administration.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4807 the following new item:
``Sec. 4808. Supply chain reliability assurance program.''.
SEC. 3122. TRANSFER OF CYBERSECURITY RESPONSIBILITIES TO
ADMINISTRATOR FOR NUCLEAR SECURITY.
The National Nuclear Security Administration Act (50 U.S.C.
2401 et seq.) is amended--
(1) in section 3212(b) (50 U.S.C. 2402(b)), by adding at
the end the following new paragraph:
``(20) Information resources management, including
cybersecurity.''; and
(2) in section 3232(b)(3)(50 U.S.C. 2422(b)(3)), by
striking ``and cyber''.
SEC. 3123. REDESIGNATING DUTIES RELATED TO DEPARTMENTAL
RADIOLOGICAL AND NUCLEAR INCIDENT RESPONSES.
(a) Deputy Administrator for Defense Programs.--Section
3214(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2404 (b)) is amended by striking paragraph (3).
(b) Administrator for Nuclear Security.--Section 3212(b)(7)
of the National Nuclear Security Administration Act (50
U.S.C. 2402(b)(7)) is amended by inserting ``and Nuclear
Emergency Support Team capabilities, including all field-
deployed and remote technical support to public health and
safety missions, countering weapons of mass destruction
operations, technical and operational nuclear forensics, and
responses to United States nuclear weapon accidents'' after
``management''.
[[Page S4066]]
SEC. 3124. MODIFICATION OF AUTHORITY TO ESTABLISH CERTAIN
CONTRACTING, PROGRAM MANAGEMENT, SCIENTIFIC,
ENGINEERING, AND TECHNICAL POSITIONS.
Section 3241 of the National Nuclear Security
Administration Act (50 U.S.C. 2441) is amended by striking
``800'' and inserting ``1,200''.
SEC. 3125. TECHNICAL AMENDMENTS TO THE ATOMIC ENERGY DEFENSE
ACT.
The Atomic Energy Defense Act (50 U.S.C. 2501 et seq.) is
amended--
(1) in section 4306(d)--
(A) in paragraph (1), by striking ``Not later than March
15, 2005, the'' and inserting ``The''; and
(B) in paragraph (2), by striking ``Not later than January
1, 2006, the'' and inserting ``The''; and
(2) in section 4807(f)(1), by striking ``2022'' and
inserting ``2030''.
SEC. 3126. AMENDMENT TO PERIOD FOR BRIEFING REQUIREMENTS.
Section 4807(f)(1) of the Atomic Energy Defense Act (50
U.S.C. 2787(f)(1)) is amended by striking ``2022'' and
inserting ``2032''.
SEC. 3127. REPEAL OF REPORTING REQUIREMENTS FOR URANIUM
CAPABILITIES REPLACEMENT PROJECT.
Section 3123(g) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2178) is
repealed.
Subtitle C--Budget and Financial Management Matters
SEC. 3131. UPDATED FINANCIAL INTEGRATION POLICY.
Not later than 180 days after the date of the enactment of
this Act, the Administrator for Nuclear Security shall issue
an updated financial integration policy, which shall include
the following:
(1) Updated responsibilities for offices of the National
Nuclear Security Administration and requirements for
management and operating contractors, including contractors
at sites that are not sites of the Administration.
(2) Guidance for how offices of the Administration should
use common financial data, including guidance requiring that
such data be used as the primary source of financial data by
program offices, to the extent practicable.
(3) Processes recommended by the Government Accountability
Office to improve financial integration efforts of the
Administration, including an internal process to verify how
management and operating contractors crosswalk data from
their systems to the appropriate work breakdown structure of
the Administration and apply common cost element definitions.
(4) Any other matters the Administrator considers
appropriate.
Subtitle D--Other Matters
SEC. 3141. INTEGRATION OF TECHNICAL EXPERTISE OF DEPARTMENT
OF ENERGY INTO POLICYMAKING.
The Secretary of Energy shall take such measures as are
necessary to improve the integration of the scientific and
technical expertise of the Department of Energy, especially
the expertise of the national laboratories, into
policymaking, including by--
(1) ensuring that such expertise is involved during
interagency discussions, regardless of the topic of such
discussions;
(2) decreasing restrictions on personnel of laboratories
and other facilities of the Department working in the
Department headquarters for 2- to 3-year rotations;
(3) increasing collaboration among program managers and
personnel of laboratories and other facilities of the
Department during policy deliberations; and
(4) creating mechanisms for providing technical advice to
officials of the Department responsible for nonproliferation
policy.
SEC. 3142. AMENDMENTS TO THE ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM ACT OF 2000.
(a) Short Title.--This section may be cited as the
``Beryllium Testing Fairness Act''.
(b) Modification of Demonstration of Beryllium
Sensitivity.--Section 3621(8)(A) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384l(8)(A)) is amended--
(1) by striking ``established by an abnormal'' and
inserting the following: ``established by--
``(i) an abnormal'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(ii) three borderline beryllium lymphocyte proliferation
tests performed on blood cells over a period of 3 years.''.
(c) Extension of Advisory Board on Toxic Substances and
Worker Health.--Section 3687(j) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385s-16(j)) is amended by striking ``10 years'' and
inserting ``15 years''.
SEC. 3143. PROHIBITION ON SALES OF PETROLEUM PRODUCTS FROM
THE STRATEGIC PETROLEUM RESERVE TO CERTAIN
COUNTRIES.
(a) Prohibitions.--Notwithstanding any other provision of
law, unless a waiver has been issued under subsection (b),
the Secretary of Energy shall not draw down and sell
petroleum products from the Strategic Petroleum Reserve--
(1) to any entity that is under the ownership or control of
the Chinese Communist Party, the People's Republic of China,
the Russian Federation, the Democratic People's Republic of
Korea, or the Islamic Republic of Iran; or
(2) except on the condition that such petroleum products
will not be exported to the People's Republic of China, the
Russian Federation, the Democratic People's Republic of
Korea, or the Islamic Republic of Iran.
(b) Waiver.--
(1) In general.--On application by a bidder, the Secretary
of Energy may waive, prior to the date of the applicable
auction, the prohibitions described in subsection (a) with
respect to the sale of crude oil to that bidder at that
auction.
(2) Requirement.--The Secretary of Energy may issue a
waiver under this subsection only if the Secretary determines
that the waiver is in the interest of the national security
of the United States.
(3) Applications.--A bidder seeking a waiver under this
subsection shall submit to the Secretary of Energy an
application by such date, in such form, and containing such
information as the Secretary of Energy may require.
(4) Notice to congress.--Not later than 15 days after
issuing a waiver under this subsection, the Secretary of
Energy shall provide a copy of the waiver to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives.
SEC. 3144. U.S. NUCLEAR FUEL SECURITY INITIATIVE.
(a) Short Title.--This section may be cited as the
``Nuclear Fuel Security Act of 2023''.
(b) 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.
(c) 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, enriched, deconverted, and reduced 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.
(d) 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
[[Page S4067]]
States, including a corporation that is incorporated in such
a country.
(3) Associated individual.--The term ``associated
individual'' means an alien who is a national of a country
that is an ally or partner of the United States.
(4) Consortium.--The term ``consortium'' means the
consortium established under section 2001(a)(2)(F) of the
Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).
(5) Department.--The term ``Department'' means the
Department of Energy.
(6) High-assay, low-enriched uranium; haleu.--The term
``high-assay, low-enriched uranium'' or ``HALEU'' means high-
assay low-enriched uranium (as defined in section 2001(d) of
the Energy Act of 2020 (42 U.S.C. 16281(d))).
(7) Low-enriched uranium; leu.--The term ``low-enriched
uranium'' or ``LEU'' means each of--
(A) low-enriched uranium (as defined in section 3102 of the
USEC Privatization Act (42 U.S.C. 2297h)); and
(B) low-enriched uranium (as defined in section 3112A(a) of
that Act (42 U.S.C. 2297h-10a(a))).
(8) Programs.--The term ``Programs'' means--
(A) the Nuclear Fuel Security Program established under
subsection (e)(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 (e)(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.
(e) Establishment and Expansion of Programs.--The
Secretary, consistent with the objectives described in
subsection (c), 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, enriched, deconverted, and reduced
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.
(f) 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 diversity of supply in domestic
uranium mining, conversion, enrichment, and deconversion
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, enriched,
deconverted, and reduced 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 (j)(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 were intended to be downblended for other
purposes, but were 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.
(g) 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 (c);
(B) utilize only uranium produced, converted, enriched,
deconverted, and reduced 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 (c).
(h) 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 and forms 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 2023;
(ii) uranium that--
(I) directly meets the needs of advanced nuclear reactor
developers; but
[[Page S4068]]
(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
(excluding stockpiles intended for national security needs),
which can be blended with lower assay uranium to become HALEU
to meet the needs of advanced nuclear reactor developers; and
(v) uranium from stockpiles intended for other purposes
(excluding stockpiles intended for national security needs),
but for which uranium could be swapped or replaced in time in
such a manner that would not negatively impact the missions
of the Department;
(B) options for expanding, or establishing new,
capabilities or infrastructure to support the processing of
uranium from Department inventories;
(C) options for accelerating the availability of HALEU from
HALEU enrichment demonstration projects of the Department;
(D) options for providing HALEU from domestically enriched
HALEU procured by the Department through a competitive
process pursuant to the Nuclear Fuel Security Program
established under subsection (e)(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 (e)(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 (j)(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.
(i) 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 (c).
(j) 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 (f)(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.
(k) 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.
(l) USEC Privatization Act.--The requirements of section
3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h-
10(d)(2)) shall not apply to activities related to the
Programs.
(m) 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 during or prior to fiscal year 2023,
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.
(n) International Agreements.--This section shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
(o) Report on Civil Nuclear Credit Program.--Not later than
180 days after the date of enactment of this Act, the
Secretary 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.
(p) Supply Chain Infrastructure and Workforce Capacity
Building.--
(1) Supply chain infrastructure.--Section 10781(b)(1) of
Public Law 117-167 (commonly known as the ``CHIPS and Science
Act of 2022'') (42 U.S.C. 19351(b)(1)) is amended by striking
``and demonstration of advanced nuclear reactors'' and
inserting ``demonstration, and deployment of advanced nuclear
reactors and associated supply chain infrastructure''.
(2) Workforce capacity building.--Section 954(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16274(b)) is amended--
(A) in the subsection heading, by striking ``Graduate'';
(B) by striking ``graduate'' each place it appears;
(C) in paragraph (2)(A), by inserting ``community colleges,
trade schools, registered apprenticeship programs, pre-
apprenticeship programs,'' after ``universities,'';
(D) in paragraph (3), by striking ``2021 through 2025'' and
inserting ``2023 through 2027'';
(E) by redesignating paragraph (3) as paragraph (4); and
(F) by inserting after paragraph (2) the following:
``(A) Focus areas.--In carrying out the subprogram under
this subsection, the Secretary may implement traineeships in
focus areas that, in the determination of the Secretary, are
necessary to support the nuclear energy sector in the United
States, including--
``(i) research and development;
``(ii) construction and operation;
``(iii) associated supply chains; and
``(iv) workforce training and retraining to support
transitioning workforces.''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2024, $47,230,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. MARITIME ADMINISTRATION.
Section 109 of title 49, United States Code, is amended to
read as follows:
``Sec. 109. Maritime Administration
``(a) Organization and Mission.--The Maritime
Administration is an administration in the Department of
Transportation. The mission of the Maritime Administration is
to foster, promote, and develop the merchant maritime
industry of the United States.
``(b) Maritime Administrator.--The head of the Maritime
Administration is the Maritime Administrator, who is
appointed by the President by and with the advice and consent
of the Senate. The Administrator shall report directly to the
Secretary of Transportation and carry out the duties
prescribed by the Secretary.
``(c) Deputy Maritime Administrator.--The Maritime
Administration shall have a
[[Page S4069]]
Deputy Maritime Administrator, who is appointed in the
competitive service by the Secretary, after consultation with
the Administrator. The Deputy Administrator shall carry out
the duties prescribed by the Administrator. The Deputy
Administrator shall be Acting Administrator during the
absence or disability of the Administrator and, unless the
Secretary designates another individual, during a vacancy in
the office of Administrator.
``(d) Duties and Powers Vested in Secretary.--All duties
and powers of the Maritime Administration are vested in the
Secretary.
``(e) Regional Offices.--The Maritime Administration shall
have regional offices for the Atlantic, Gulf, Great Lakes,
and Pacific port ranges, and may have other regional offices
as necessary. The Secretary shall appoint a qualified
individual as Director of each regional office. The Secretary
shall carry out appropriate activities and programs of the
Maritime Administration through the regional offices.
``(f) Interagency and Industry Relations.--The Secretary
shall establish and maintain liaison with other agencies, and
with representative trade organizations throughout the United
States, concerned with the transportation of commodities by
water in the export and import foreign commerce of the United
States, for the purpose of securing preference to vessels of
the United States for the transportation of those
commodities.
``(g) Detailing Officers From Armed Forces.--To assist the
Secretary in carrying out duties and powers relating to the
Maritime Administration, not more than five officers of the
Armed Forces may be detailed to the Secretary at any one
time, in addition to details authorized by any other law.
During the period of a detail, the Secretary shall pay the
officer an amount that, when added to the officer's pay and
allowances as an officer in the Armed Forces, makes the
officer's total pay and allowances equal to the amount that
would be paid to an individual performing work the Secretary
considers to be of similar importance, difficulty, and
responsibility as that performed by the officer during the
detail.
``(h) Contracts, Cooperative Agreements, and Audits.--
``(1) Contracts and cooperative agreements.--In the same
manner that a private corporation may make a contract within
the scope of its authority under its charter, the Secretary
may make contracts and cooperative agreements for the United
States Government and disburse amounts to--
``(A) carry out the Secretary's duties and powers under
this section, subtitle V of title 46, and all other Maritime
Administration programs; and
``(B) protect, preserve, and improve collateral held by the
Secretary to secure indebtedness.
``(2) Audits.--The financial transactions of the Secretary
under paragraph (1) shall be audited by the Comptroller
General. The Comptroller General shall allow credit for an
expenditure shown to be necessary because of the nature of
the business activities authorized by this section or
subtitle V of title 46. At least once a year, the Comptroller
General shall report to Congress any departure by the
Secretary from this section or subtitle V of title 46.
``(i) Grant Administrative Expenses.--Except as otherwise
provided by law, the administrative and related expenses for
the administration of any grant programs by the Maritime
Administrator may not exceed 3 percent.
``(j) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
subsection, there are authorized to be appropriated such
amounts as may be necessary to carry out the duties and
powers of the Secretary relating to the Maritime
Administration.
``(2) Limitations.--Only those amounts specifically
authorized by law may be appropriated for the use of the
Maritime Administration for--
``(A) acquisition, construction, or reconstruction of
vessels;
``(B) construction-differential subsidies incident to the
construction, reconstruction, or reconditioning of vessels;
``(C) costs of national defense features;
``(D) payments of obligations incurred for operating-
differential subsidies;
``(E) expenses necessary for research and development
activities, including reimbursement of the Vessel Operations
Revolving Fund for losses resulting from expenses of
experimental vessel operations;
``(F) the Vessel Operations Revolving Fund;
``(G) National Defense Reserve Fleet expenses;
``(H) expenses necessary to carry out part B of subtitle V
of title 46; and
``(I) other operations and training expenses related to the
development of waterborne transportation systems, the use of
waterborne transportation systems, and general
administration.''.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program,
or activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of
a dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 3201 and 4024 of
title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may
be transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an
amount specified in such funding tables shall not count
against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds
between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral or Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
3 FUTURE UAS FAMILY............. 53,453 53,453
5 SMALL UNMANNED AIRCRAFT 20,769 20,769
SYSTEMS......................
ROTARY
6 AH-64 APACHE BLOCK IIIA REMAN. 718,578 718,578
7 AH-64 APACHE BLOCK IIIA REMAN. 110,360 110,360
8 UH-60 BLACKHAWK M MODEL (MYP). 668,258 668,258
9 UH-60 BLACKHAWK M MODEL (MYP). 92,494 92,494
10 UH-60 BLACK HAWK L AND V 153,196 153,196
MODELS.......................
11 CH-47 HELICOPTER.............. 202,487 202,487
12 CH-47 HELICOPTER.............. 18,936 18,936
MODIFICATION OF AIRCRAFT
13 MQ-1 PAYLOAD.................. 13,650 13,650
14 GRAY EAGLE MODS2.............. 14,959 14,959
16 AH-64 MODS.................... 113,127 113,127
17 CH-47 CARGO HELICOPTER MODS 20,689 20,689
(MYP)........................
22 UTILITY HELICOPTER MODS....... 35,879 35,879
23 NETWORK AND MISSION PLAN...... 32,418 32,418
24 COMMS, NAV SURVEILLANCE....... 74,912 74,912
25 DEGRADED VISUAL ENVIRONMENT... 16,838 16,838
26 AVIATION ASSURED PNT.......... 67,383 67,383
27 GATM ROLLUP................... 8,924 8,924
29 UAS MODS...................... 2,258 2,258
GROUND SUPPORT AVIONICS
[[Page S4070]]
30 AIRCRAFT SURVIVABILITY 161,731 161,731
EQUIPMENT....................
31 SURVIVABILITY CM.............. 6,526 6,526
32 CMWS.......................... 72,041 72,041
33 COMMON INFRARED 261,384 261,384
COUNTERMEASURES (CIRCM)......
OTHER SUPPORT
34 COMMON GROUND EQUIPMENT....... 25,752 25,752
35 AIRCREW INTEGRATED SYSTEMS.... 22,097 22,097
36 AIR TRAFFIC CONTROL........... 21,216 21,216
37 LAUNCHER, 2.75 ROCKET......... 2,125 2,125
TOTAL AIRCRAFT PROCUREMENT, 3,012,440 3,012,440
ARMY.........................
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
1 LOWER TIER AIR AND MISSILE 6,625 6,625
DEFENSE (AMD) SEN............
3 M-SHORAD--PROCUREMENT......... 400,697 400,697
4 MSE MISSILE................... 1,212,832 1,212,832
6 PRECISION STRIKE MISSILE 384,071 384,071
(PRSM).......................
7 INDIRECT FIRE PROTECTION 313,189 313,189
CAPABILITY INC 2-I...........
8 MID-RANGE CAPABILITY (MRC).... 169,519 169,519
AIR-TO-SURFACE MISSILE SYSTEM
9 HELLFIRE SYS SUMMARY.......... 21,976 21,976
10 JOINT AIR-TO-GROUND MSLS 303,409 303,409
(JAGM).......................
12 LONG-RANGE HYPERSONIC WEAPON.. 156,821 156,821
ANTI-TANK/ASSAULT MISSILE SYS
13 JAVELIN (AAWS-M) SYSTEM 199,509 199,509
SUMMARY......................
14 TOW 2 SYSTEM SUMMARY.......... 120,475 120,475
15 GUIDED MLRS ROCKET (GMLRS).... 886,367 886,367
16 GUIDED MLRS ROCKET (GMLRS).... 55,913 55,913
17 MLRS REDUCED RANGE PRACTICE 10,334 10,334
ROCKETS (RRPR)...............
18 HIGH MOBILITY ARTILLERY ROCKET 179,230 179,230
SYSTEM (HIMARS...............
19 ARMY TACTICAL MSL SYS 7,307 7,307
(ATACMS)--SYS SUM............
MODIFICATIONS
21 PATRIOT MODS.................. 212,247 212,247
22 STINGER MODS.................. 36,484 36,484
23 AVENGER MODS.................. 22,274 22,274
25 MLRS MODS..................... 168,198 168,198
26 HIMARS MODIFICATIONS.......... 76,266 76,266
SPARES AND REPAIR PARTS
27 SPARES AND REPAIR PARTS....... 6,573 6,573
SUPPORT EQUIPMENT & FACILITIES
28 AIR DEFENSE TARGETS........... 11,701 11,701
TOTAL MISSILE PROCUREMENT, 4,962,017 4,962,017
ARMY.........................
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
1 ARMORED MULTI PURPOSE VEHICLE 554,777 554,777
(AMPV).......................
3 MOBILE PROTECTED FIREPOWER.... 394,635 394,635
MODIFICATION OF TRACKED COMBAT
VEHICLES
4 STRYKER UPGRADE............... 614,282 614,282
5 BRADLEY FIRE SUPPORT TEAM 5,232 5,232
(BFIST) VEHICLE..............
6 BRADLEY PROGRAM (MOD)......... 158,274 158,274
7 M109 FOV MODIFICATIONS........ 90,986 90,986
8 PALADIN INTEGRATED MANAGEMENT 469,152 469,152
(PIM)........................
9 IMPROVED RECOVERY VEHICLE (M88 41,058 41,058
HERCULES)....................
12 JOINT ASSAULT BRIDGE.......... 159,804 159,804
13 ABRAMS UPGRADE PROGRAM........ 697,883 697,883
14 ABRAMS UPGRADE PROGRAM........ 102,440 102,440
WEAPONS & OTHER COMBAT
VEHICLES
16 PERSONAL DEFENSE WEAPON (ROLL) 510 510
17 M240 MEDIUM MACHINE GUN 425 425
(7.62MM).....................
19 MACHINE GUN, CAL .50 M2 ROLL.. 3,420 3,420
20 MORTAR SYSTEMS................ 8,013 8,013
21 LOCATION & AZIMUTH 3,174 3,174
DETERMINATION SYSTEM (LADS...
22 XM320 GRENADE LAUNCHER MODULE 14,143 14,143
(GLM)........................
23 PRECISION SNIPER RIFLE........ 5,248 5,248
24 CARBINE....................... 571 571
25 NEXT GENERATION SQUAD WEAPON.. 292,850 292,850
26 HANDGUN....................... 32 32
MOD OF WEAPONS AND OTHER
COMBAT VEH
28 M777 MODS..................... 18,920 18,920
31 M119 MODIFICATIONS............ 13,097 13,097
32 MORTAR MODIFICATION........... 423 423
SUPPORT EQUIPMENT & FACILITIES
33 ITEMS LESS THAN $5.0M (WOCV- 1,148 1,148
WTCV)........................
34 PRODUCTION BASE SUPPORT (WOCV- 115,024 115,024
WTCV)........................
TOTAL PROCUREMENT OF W&TCV, 3,765,521 3,765,521
ARMY.........................
PROCUREMENT OF AMMUNITION,
ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES........ 90,853 90,853
2 CTG, 7.62MM, ALL TYPES........ 65,370 65,370
3 NEXT GENERATION SQUAD WEAPON 191,244 191,244
AMMUNITION...................
[[Page S4071]]
4 CTG, HANDGUN, ALL TYPES....... 6,597 6,597
5 CTG, .50 CAL, ALL TYPES....... 41,534 41,534
6 CTG, 20MM, ALL TYPES.......... 7,925 7,925
7 CTG, 25MM, ALL TYPES.......... 38,760 38,760
8 CTG, 30MM, ALL TYPES.......... 107,805 107,805
9 CTG, 40MM, ALL TYPES.......... 148,970 148,970
10 CTG, 50MM, ALL TYPES.......... 28,000 28,000
MORTAR AMMUNITION
11 60MM MORTAR, ALL TYPES........ 35,160 35,160
12 81MM MORTAR, ALL TYPES........ 40,562 40,562
13 120MM MORTAR, ALL TYPES....... 106,784 106,784
TANK AMMUNITION
14 CARTRIDGES, TANK, 105MM AND 300,368 300,368
120MM, ALL TYPES.............
ARTILLERY AMMUNITION
15 ARTILLERY CARTRIDGES, 75MM & 21,298 21,298
105MM, ALL TYPES.............
16 ARTILLERY PROJECTILE, 155MM, 150,839 150,839
ALL TYPES....................
18 PRECISION ARTILLERY MUNITIONS. 96,406 96,406
19 ARTILLERY PROPELLANTS, FUZES 172,947 172,947
AND PRIMERS, ALL.............
MINES
20 MINES & CLEARING CHARGES, ALL 71,182 71,182
TYPES........................
21 CLOSE TERRAIN SHAPING OBSTACLE 55,374 55,374
ROCKETS
22 SHOULDER LAUNCHED MUNITIONS, 18,630 18,630
ALL TYPES....................
23 ROCKET, HYDRA 70, ALL TYPES... 87,293 87,293
OTHER AMMUNITION
24 CAD/PAD, ALL TYPES............ 6,564 6,564
25 DEMOLITION MUNITIONS, ALL 24,238 24,238
TYPES........................
26 GRENADES, ALL TYPES........... 48,374 48,374
27 SIGNALS, ALL TYPES............ 23,252 23,252
28 SIMULATORS, ALL TYPES......... 11,309 11,309
MISCELLANEOUS
30 AMMO COMPONENTS, ALL TYPES.... 3,976 3,976
31 NON-LETHAL AMMUNITION, ALL 3,281 3,281
TYPES........................
32 ITEMS LESS THAN $5 MILLION 17,436 17,436
(AMMO).......................
33 AMMUNITION PECULIAR EQUIPMENT. 13,133 13,133
34 FIRST DESTINATION 18,068 18,068
TRANSPORTATION (AMMO)........
35 CLOSEOUT LIABILITIES.......... 102 102
PRODUCTION BASE SUPPORT
36 INDUSTRIAL FACILITIES......... 726,135 726,135
37 CONVENTIONAL MUNITIONS 183,752 183,752
DEMILITARIZATION.............
38 ARMS INITIATIVE............... 4,057 4,057
TOTAL PROCUREMENT OF 2,967,578 2,967,578
AMMUNITION, ARMY.............
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
1 SEMITRAILERS, FLATBED:........ 22,751 22,751
2 SEMITRAILERS, TANKERS......... 40,359 40,359
3 HI MOB MULTI-PURP WHLD VEH 25,904 25,904
(HMMWV)......................
4 GROUND MOBILITY VEHICLES (GMV) 36,223 36,223
6 JOINT LIGHT TACTICAL VEHICLE 839,413 839,413
FAMILY OF VEHICL.............
7 TRUCK, DUMP, 20T (CCE)........ 20,075 20,075
8 FAMILY OF MEDIUM TACTICAL VEH 110,734 110,734
(FMTV).......................
9 FAMILY OF COLD WEATHER ALL- 28,745 28,745
TERRAIN VEHICLE (C...........
10 FIRETRUCKS & ASSOCIATED 55,340 55,340
FIREFIGHTING EQUIP...........
11 FAMILY OF HEAVY TACTICAL 66,428 66,428
VEHICLES (FHTV)..............
12 PLS ESP....................... 51,868 51,868
14 TACTICAL WHEELED VEHICLE 3,792 3,792
PROTECTION KITS..............
15 MODIFICATION OF IN SVC EQUIP.. 80,326 80,326
NON-TACTICAL VEHICLES
16 PASSENGER CARRYING VEHICLES... 2,203 2,203
17 NONTACTICAL VEHICLES, OTHER... 8,246 8,246
COMM--JOINT COMMUNICATIONS
18 SIGNAL MODERNIZATION PROGRAM.. 161,585 161,585
19 TACTICAL NETWORK TECHNOLOGY 358,646 358,646
MOD IN SVC...................
20 DISASTER INCIDENT RESPONSE 254 254
COMMS TERMINAL (DI...........
21 JCSE EQUIPMENT (USRDECOM)..... 5,097 5,097
COMM--SATELLITE COMMUNICATIONS
24 DEFENSE ENTERPRISE WIDEBAND 101,181 101,181
SATCOM SYSTEMS...............
25 TRANSPORTABLE TACTICAL COMMAND 54,849 54,849
COMMUNICATIONS...............
26 SHF TERM...................... 41,634 41,634
27 ASSURED POSITIONING, 202,370 202,370
NAVIGATION AND TIMING........
28 EHF SATELLITE COMMUNICATION... 19,122 19,122
30 GLOBAL BRDCST SVC--GBS........ 531 531
COMM--C3 SYSTEM
31 COE TACTICAL SERVER 77,999 77,999
INFRASTRUCTURE (TSI).........
COMM--COMBAT COMMUNICATIONS
32 HANDHELD MANPACK SMALL FORM 765,109 765,109
FIT (HMS)....................
33 ARMY LINK 16 SYSTEMS.......... 60,767 60,767
35 UNIFIED COMMAND SUITE......... 18,999 18,999
36 COTS COMMUNICATIONS EQUIPMENT. 492,001 492,001
37 FAMILY OF MED COMM FOR COMBAT 1,374 1,374
CASUALTY CARE................
38 ARMY COMMUNICATIONS & 52,485 52,485
ELECTRONICS..................
[[Page S4072]]
COMM--INTELLIGENCE COMM
39 CI AUTOMATION ARCHITECTURE- 16,767 16,767
INTEL........................
41 MULTI-DOMAIN INTELLIGENCE..... 119,989 119,989
INFORMATION SECURITY
42 INFORMATION SYSTEM SECURITY 701 701
PROGRAM-ISSP.................
43 COMMUNICATIONS SECURITY 159,712 159,712
(COMSEC).....................
44 DEFENSIVE CYBER OPERATIONS.... 13,848 13,848
45 INSIDER THREAT PROGRAM--UNIT 1,502 1,502
ACTIVITY MONITO..............
47 BIOMETRIC ENABLING CAPABILITY 453 453
(BEC)........................
COMM--LONG HAUL COMMUNICATIONS
49 BASE SUPPORT COMMUNICATIONS... 23,278 23,278
COMM--BASE COMMUNICATIONS
50 INFORMATION SYSTEMS........... 32,608 32,608
51 EMERGENCY MANAGEMENT 4,949 4,949
MODERNIZATION PROGRAM........
52 INSTALLATION INFO 243,011 243,011
INFRASTRUCTURE MOD PROGRAM...
ELECT EQUIP--TACT INT REL ACT
(TIARA)
55 JTT/CIBS-M.................... 8,543 8,543
56 TERRESTRIAL LAYER SYSTEMS 85,486 85,486
(TLS)........................
58 DCGS-A-INTEL.................. 2,980 2,980
60 TROJAN........................ 30,649 30,649
61 MOD OF IN-SVC EQUIP (INTEL 4,169 4,169
SPT).........................
62 BIOMETRIC TACTICAL COLLECTION 932 932
DEVICES......................
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
63 EW PLANNING & MANAGEMENT TOOLS 21,278 21,278
(EWPMT)......................
64 AIR VIGILANCE (AV)............ 6,641 6,641
65 MULTI-FUNCTION ELECTRONIC 15,941 15,941
WARFARE (MFEW) SYST..........
67 COUNTERINTELLIGENCE/SECURITY 22,833 22,833
COUNTERMEASURES..............
68 CI MODERNIZATION.............. 434 434
ELECT EQUIP--TACTICAL SURV.
(TAC SURV)
69 SENTINEL MODS................. 161,886 161,886
70 NIGHT VISION DEVICES.......... 141,143 141,143
71 SMALL TACTICAL OPTICAL RIFLE 15,484 15,484
MOUNTED MLRF.................
73 FAMILY OF WEAPON SIGHTS (FWS). 185,634 185,634
74 ENHANCED PORTABLE INDUCTIVE 3,652 3,652
ARTILLERY FUZE SE............
75 FORWARD LOOKING INFRARED 20,438 20,438
(IFLIR)......................
76 COUNTER SMALL UNMANNED AERIAL 365,376 365,376
SYSTEM (C-SUAS)..............
77 JOINT BATTLE COMMAND--PLATFORM 215,290 215,290
(JBC-P)......................
78 JOINT EFFECTS TARGETING SYSTEM 8,932 8,932
(JETS).......................
79 COMPUTER BALLISTICS: LHMBC 2,965 2,965
XM32.........................
80 MORTAR FIRE CONTROL SYSTEM.... 8,024 8,024
81 MORTAR FIRE CONTROL SYSTEMS 7,399 7,399
MODIFICATIONS................
82 COUNTERFIRE RADARS............ 99,782 99,782
ELECT EQUIP--TACTICAL C2
SYSTEMS
83 ARMY COMMAND POST INTEGRATED 78,512 78,512
INFRASTRUCTURE (.............
84 FIRE SUPPORT C2 FAMILY........ 10,052 10,052
85 AIR & MSL DEFENSE PLANNING & 68,892 68,892
CONTROL SYS..................
86 IAMD BATTLE COMMAND SYSTEM.... 412,556 412,556
87 LIFE CYCLE SOFTWARE SUPPORT 4,270 4,270
(LCSS).......................
88 NETWORK MANAGEMENT 37,194 37,194
INITIALIZATION AND SERVICE...
89 GLOBAL COMBAT SUPPORT SYSTEM- 1,987 1,987
ARMY (GCSS-A)................
90 INTEGRATED PERSONNEL AND PAY 5,318 5,318
SYSTEM-ARMY (IPP.............
91 MOD OF IN-SVC EQUIPMENT 4,997 4,997
(ENFIRE).....................
ELECT EQUIP--AUTOMATION
92 ARMY TRAINING MODERNIZATION... 10,130 10,130
93 AUTOMATED DATA PROCESSING 61,489 61,489
EQUIP........................
94 ACCESSIONS INFORMATION 4,198 4,198
ENVIRONMENT (AIE)............
96 HIGH PERF COMPUTING MOD PGM 76,053 76,053
(HPCMP)......................
97 CONTRACT WRITING SYSTEM....... 6,061 6,061
98 CSS COMMUNICATIONS............ 56,804 56,804
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 1,781 1,781
CHEMICAL DEFENSIVE EQUIPMENT
102 BASE DEFENSE SYSTEMS (BDS).... 70,781 70,781
103 CBRN DEFENSE.................. 63,198 63,198
BRIDGING EQUIPMENT
104 TACTICAL BRIDGING............. 1,157 1,157
105 TACTICAL BRIDGE, FLOAT-RIBBON. 82,228 82,228
106 BRIDGE SUPPLEMENTAL SET....... 4,414 4,414
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
110 ROBOTICS AND APPLIQUE SYSTEMS. 68,893 68,893
112 FAMILY OF BOATS AND MOTORS.... 4,785 4,785
COMBAT SERVICE SUPPORT
EQUIPMENT
113 HEATERS AND ECU'S............. 7,617 7,617
115 PERSONNEL RECOVERY SUPPORT 5,356 5,356
SYSTEM (PRSS)................
116 GROUND SOLDIER SYSTEM......... 167,129 167,129
117 MOBILE SOLDIER POWER.......... 15,967 15,967
118 FORCE PROVIDER................ 34,200 34,200
120 CARGO AERIAL DEL & PERSONNEL 45,792 45,792
PARACHUTE SYSTEM.............
121 FAMILY OF ENGR COMBAT AND 12,118 12,118
CONSTRUCTION SETS............
PETROLEUM EQUIPMENT
123 QUALITY SURVEILLANCE EQUIPMENT 2,507 2,507
124 DISTRIBUTION SYSTEMS, 40,989 40,989
PETROLEUM & WATER............
[[Page S4073]]
MEDICAL EQUIPMENT
125 COMBAT SUPPORT MEDICAL........ 86,829 86,829
MAINTENANCE EQUIPMENT
126 MOBILE MAINTENANCE EQUIPMENT 17,287 17,287
SYSTEMS......................
CONSTRUCTION EQUIPMENT
128 TRACTOR, FULL TRACKED......... 29,878 29,878
129 ALL TERRAIN CRANES............ 27,725 27,725
131 FAMILY OF DIVER SUPPORT 1,811 1,811
EQUIPMENT....................
132 CONST EQUIP ESP............... 8,898 8,898
RAIL FLOAT CONTAINERIZATION
EQUIPMENT
133 ARMY WATERCRAFT ESP........... 30,592 30,592
134 MANEUVER SUPPORT VESSEL (MSV). 149,449 149,449
GENERATORS
136 GENERATORS AND ASSOCIATED 78,364 78,364
EQUIP........................
137 TACTICAL ELECTRIC POWER 11,088 11,088
RECAPITALIZATION.............
MATERIAL HANDLING EQUIPMENT
138 FAMILY OF FORKLIFTS........... 12,982 12,982
TRAINING EQUIPMENT
139 COMBAT TRAINING CENTERS 56,619 56,619
SUPPORT......................
140 TRAINING DEVICES, NONSYSTEM... 226,379 226,379
141 SYNTHETIC TRAINING ENVIRONMENT 234,965 234,965
(STE)........................
142 GAMING TECHNOLOGY IN SUPPORT 9,698 9,698
OF ARMY TRAINING.............
TEST MEASURE AND DIG EQUIPMENT
(TMD)
143 INTEGRATED FAMILY OF TEST 36,149 36,149
EQUIPMENT (IFTE).............
144 TEST EQUIPMENT MODERNIZATION 32,623 32,623
(TEMOD)......................
OTHER SUPPORT EQUIPMENT
145 PHYSICAL SECURITY SYSTEMS 132,739 132,739
(OPA3).......................
146 BASE LEVEL COMMON EQUIPMENT... 34,460 34,460
147 MODIFICATION OF IN-SVC 35,239 35,239
EQUIPMENT (OPA-3)............
148 BUILDING, PRE-FAB, RELOCATABLE 31,011 31,011
149 SPECIAL EQUIPMENT FOR TEST AND 52,481 52,481
EVALUATION...................
OPA2
151 INITIAL SPARES--C&E........... 9,169 9,169
TOTAL OTHER PROCUREMENT, ARMY. 8,672,979 8,672,979
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
1 F/A-18E/F (FIGHTER) HORNET.... 41,329 41,329
2 JOINT STRIKE FIGHTER CV....... 2,410,569 2,410,569
3 JOINT STRIKE FIGHTER CV....... 189,425 189,425
4 JSF STOVL..................... 2,126,317 2,126,317
5 JSF STOVL..................... 193,125 193,125
6 CH-53K (HEAVY LIFT)........... 1,698,050 1,698,050
7 CH-53K (HEAVY LIFT)........... 456,567 456,567
8 V-22 (MEDIUM LIFT)............ 27,216 27,216
9 H-1 UPGRADES (UH-1Y/AH-1Z).... 4,292 4,292
10 P-8A POSEIDON................. 31,257 31,257
11 E-2D ADV HAWKEYE.............. 182,817 182,817
TRAINER AIRCRAFT
13 MULTI-ENGINE TRAINING SYSTEM 289,141 289,141
(METS).......................
OTHER AIRCRAFT
15 KC-130J....................... 241,291 241,291
17 MQ-4 TRITON................... 416,010 416,010
19 MQ-8 UAV...................... 1,546 1,546
21 MQ-25......................... 545,697 545,697
22 MQ-25......................... 50,576 50,576
23 MARINE GROUP 5 UAS............ 89,563 89,563
MODIFICATION OF AIRCRAFT
24 F-18 A-D UNIQUE............... 116,551 116,551
25 F-18E/F AND EA-18G 605,416 605,416
MODERNIZATION AND SUSTAINM...
26 MARINE GROUP 5 UAS SERIES..... 98,063 98,063
27 AEA SYSTEMS................... 24,110 24,110
28 AV-8 SERIES................... 22,829 22,829
29 INFRARED SEARCH AND TRACK 179,193 179,193
(IRST).......................
30 ADVERSARY..................... 69,336 69,336
31 F-18 SERIES................... 640,236 640,236
32 H-53 SERIES................... 41,414 41,414
33 MH-60 SERIES.................. 106,495 106,495
34 H-1 SERIES.................... 114,284 114,284
35 EP-3 SERIES................... 8,548 8,548
36 E-2 SERIES.................... 183,246 183,246
37 TRAINER A/C SERIES............ 16,376 16,376
39 C-130 SERIES.................. 198,220 198,220
40 FEWSG......................... 651 651
41 CARGO/TRANSPORT A/C SERIES.... 13,930 13,930
42 E-6 SERIES.................... 164,571 164,571
43 EXECUTIVE HELICOPTERS SERIES.. 60,498 60,498
44 T-45 SERIES................... 170,357 170,357
45 POWER PLANT CHANGES........... 21,079 21,079
46 JPATS SERIES.................. 28,005 28,005
48 COMMON ECM EQUIPMENT.......... 53,614 53,614
49 COMMON AVIONICS CHANGES....... 136,199 136,199
[[Page S4074]]
50 COMMON DEFENSIVE WEAPON SYSTEM 6,585 6,585
51 ID SYSTEMS.................... 13,085 13,085
52 P-8 SERIES.................... 316,168 316,168
53 MAGTF EW FOR AVIATION......... 24,901 24,901
54 MQ-8 SERIES................... 14,700 14,700
55 V-22 (TILT/ROTOR ACFT) OSPREY. 215,997 215,997
56 NEXT GENERATION JAMMER (NGJ).. 426,396 426,396
57 F-35 STOVL SERIES............. 311,921 311,921
58 F-35 CV SERIES................ 166,909 166,909
59 QRC........................... 28,206 28,206
60 MQ-4 SERIES................... 93,951 93,951
AIRCRAFT SPARES AND REPAIR
PARTS
62 SPARES AND REPAIR PARTS....... 2,451,244 2,451,244
AIRCRAFT SUPPORT EQUIP &
FACILITIES
63 COMMON GROUND EQUIPMENT....... 566,156 566,156
64 AIRCRAFT INDUSTRIAL FACILITIES 133,815 133,815
65 WAR CONSUMABLES............... 44,632 44,632
66 OTHER PRODUCTION CHARGES...... 49,907 49,907
67 SPECIAL SUPPORT EQUIPMENT..... 404,178 404,178
TOTAL AIRCRAFT PROCUREMENT, 17,336,760 17,336,760
NAVY.........................
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
1 CONVENTIONAL PROMPT STRIKE.... 341,434 341,434
2 TRIDENT II MODS............... 1,284,705 1,284,705
SUPPORT EQUIPMENT & FACILITIES
3 MISSILE INDUSTRIAL FACILITIES. 7,954 7,954
STRATEGIC MISSILES
4 TOMAHAWK...................... 72,908 72,908
TACTICAL MISSILES
5 AMRAAM........................ 439,153 439,153
6 SIDEWINDER.................... 78,165 78,165
7 STANDARD MISSILE.............. 969,525 969,525
8 STANDARD MISSILE.............. 227,320 227,320
9 SMALL DIAMETER BOMB II........ 65,863 65,863
10 RAM........................... 114,896 114,896
11 JOINT AIR GROUND MISSILE 79,292 79,292
(JAGM).......................
12 HELLFIRE...................... 6,923 6,923
13 AERIAL TARGETS................ 176,588 176,588
14 OTHER MISSILE SUPPORT......... 3,687 3,687
15 LRASM......................... 639,636 639,636
16 NAVAL STRIKE MISSILE (NSM).... 29,925 29,925
17 NAVAL STRIKE MISSILE (NSM).... 5,755 5,755
MODIFICATION OF MISSILES
18 TOMAHAWK MODS................. 540,944 540,944
19 ESSM.......................... 290,129 290,129
20 AARGM-ER...................... 162,429 162,429
21 AARGM-ER...................... 33,273 33,273
22 STANDARD MISSILES MODS........ 89,255 89,255
SUPPORT EQUIPMENT & FACILITIES
23 WEAPONS INDUSTRIAL FACILITIES. 2,037 2,037
ORDNANCE SUPPORT EQUIPMENT
25 ORDNANCE SUPPORT EQUIPMENT.... 208,154 208,154
TORPEDOES AND RELATED EQUIP
26 SSTD.......................... 4,830 4,830
27 MK-48 TORPEDO................. 308,497 308,497
28 ASW TARGETS................... 14,817 14,817
MOD OF TORPEDOES AND RELATED
EQUIP
29 MK-54 TORPEDO MODS............ 104,086 104,086
30 MK-48 TORPEDO ADCAP MODS...... 20,714 20,714
31 MARITIME MINES................ 58,800 58,800
SUPPORT EQUIPMENT
32 TORPEDO SUPPORT EQUIPMENT..... 133,187 133,187
33 ASW RANGE SUPPORT............. 4,146 4,146
DESTINATION TRANSPORTATION
34 FIRST DESTINATION 5,811 5,811
TRANSPORTATION...............
GUNS AND GUN MOUNTS
35 SMALL ARMS AND WEAPONS........ 14,165 14,165
MODIFICATION OF GUNS AND GUN
MOUNTS
36 CIWS MODS..................... 4,088 4,088
37 COAST GUARD WEAPONS........... 55,172 55,172
38 GUN MOUNT MODS................ 82,682 82,682
39 LCS MODULE WEAPONS............ 3,264 3,264
40 AIRBORNE MINE NEUTRALIZATION 14,357 14,357
SYSTEMS......................
SPARES AND REPAIR PARTS
42 SPARES AND REPAIR PARTS....... 177,819 177,819
TOTAL WEAPONS PROCUREMENT, 6,876,385 6,876,385
NAVY.........................
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS......... 43,519 43,519
2 JDAM.......................... 73,689 73,689
[[Page S4075]]
3 AIRBORNE ROCKETS, ALL TYPES... 67,423 67,423
4 MACHINE GUN AMMUNITION........ 11,862 11,862
5 PRACTICE BOMBS................ 52,481 52,481
6 CARTRIDGES & CART ACTUATED 72,426 72,426
DEVICES......................
7 AIR EXPENDABLE COUNTERMEASURES 104,529 104,529
8 JATOS......................... 7,433 7,433
9 5 INCH/54 GUN AMMUNITION...... 30,871 30,871
10 INTERMEDIATE CALIBER GUN 41,261 41,261
AMMUNITION...................
11 OTHER SHIP GUN AMMUNITION..... 44,044 44,044
12 SMALL ARMS & LANDING PARTY 48,478 48,478
AMMO.........................
13 PYROTECHNIC AND DEMOLITION.... 9,521 9,521
14 AMMUNITION LESS THAN $5 1,679 1,679
MILLION......................
15 EXPEDITIONARY LOITERING 249,575 249,575
MUNITIONS....................
MARINE CORPS AMMUNITION
16 MORTARS....................... 61,274 61,274
17 DIRECT SUPPORT MUNITIONS...... 73,338 73,338
18 INFANTRY WEAPONS AMMUNITION... 178,240 178,240
19 COMBAT SUPPORT MUNITIONS...... 15,897 15,897
20 AMMO MODERNIZATION............ 17,941 17,941
21 ARTILLERY MUNITIONS........... 82,452 82,452
22 ITEMS LESS THAN $5 MILLION.... 5,340 5,340
TOTAL PROCUREMENT OF AMMO, 1,293,273 1,293,273
NAVY & MC....................
SHIPBUILDING AND CONVERSION,
NAVY
FLEET BALLISTIC MISSILE SHIPS
1 OHIO REPLACEMENT SUBMARINE.... 2,443,598 2,443,598
2 OHIO REPLACEMENT SUBMARINE.... 3,390,734 3,390,734
OTHER WARSHIPS
3 CARRIER REPLACEMENT PROGRAM... 1,115,296 1,115,296
4 CVN-81........................ 800,492 800,492
5 VIRGINIA CLASS SUBMARINE...... 7,129,965 7,129,965
6 VIRGINIA CLASS SUBMARINE...... 3,215,539 3,215,539
8 CVN REFUELING OVERHAULS....... 817,646 817,646
9 DDG 1000...................... 410,400 410,400
10 DDG-51........................ 4,199,179 4,199,179
11 DDG-51........................ 284,035 284,035
13 FFG-FRIGATE................... 2,173,698 2,173,698
AMPHIBIOUS SHIPS
14 LPD FLIGHT II................. 0 1,863,000
Program increase for LPD-33-- [1,863,000]
USMC UFR.....................
18 LHA REPLACEMENT............... 1,830,149 1,830,149
AUXILIARIES, CRAFT AND PRIOR
YR PROGRAM COST
21 AS SUBMARINE TENDER........... 1,733,234 1,733,234
22 TAO FLEET OILER............... 815,420 815,420
25 LCU 1700...................... 62,532 62,532
26 OUTFITTING.................... 557,365 557,365
28 SERVICE CRAFT................. 63,815 63,815
29 AUXILIARY PERSONNEL LIGHTER... 0 72,000
Additional APL-67 class [72,000]
berthing barge...............
30 LCAC SLEP..................... 15,286 15,286
31 AUXILIARY VESSELS (USED 142,008 142,008
SEALIFT).....................
32 COMPLETION OF PY SHIPBUILDING 1,648,559 1,648,559
PROGRAMS.....................
TOTAL SHIPBUILDING AND 32,848,950 34,783,950
CONVERSION, NAVY.............
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
1 SURFACE POWER EQUIPMENT....... 14,003 14,003
GENERATORS
2 SURFACE COMBATANT HM&E........ 105,441 105,441
NAVIGATION EQUIPMENT
3 OTHER NAVIGATION EQUIPMENT.... 110,286 110,286
OTHER SHIPBOARD EQUIPMENT
4 SUB PERISCOPE, IMAGING AND 262,951 262,951
SUPT EQUIP PROG..............
5 DDG MOD....................... 628,532 628,532
6 FIREFIGHTING EQUIPMENT........ 34,782 34,782
7 COMMAND AND CONTROL 2,458 2,458
SWITCHBOARD..................
8 LHA/LHD MIDLIFE............... 104,369 104,369
9 LCC 19/20 EXTENDED SERVICE 10,529 10,529
LIFE PROGRAM.................
10 POLLUTION CONTROL EQUIPMENT... 23,272 23,272
11 SUBMARINE SUPPORT EQUIPMENT... 112,526 112,526
12 VIRGINIA CLASS SUPPORT 32,076 32,076
EQUIPMENT....................
13 LCS CLASS SUPPORT EQUIPMENT... 18,832 18,832
14 SUBMARINE BATTERIES........... 28,221 28,221
15 LPD CLASS SUPPORT EQUIPMENT... 91,890 91,890
16 DDG 1000 CLASS SUPPORT 232,124 232,124
EQUIPMENT....................
17 STRATEGIC PLATFORM SUPPORT 25,058 25,058
EQUIP........................
18 DSSP EQUIPMENT................ 4,623 4,623
20 LCAC.......................... 10,794 10,794
21 UNDERWATER EOD EQUIPMENT...... 19,549 19,549
22 ITEMS LESS THAN $5 MILLION.... 86,001 86,001
23 CHEMICAL WARFARE DETECTORS.... 3,288 3,288
REACTOR PLANT EQUIPMENT
[[Page S4076]]
24 SHIP MAINTENANCE, REPAIR AND 2,746,313 2,746,313
MODERNIZATION................
25 REACTOR POWER UNITS........... 2,016 2,016
26 REACTOR COMPONENTS............ 390,148 390,148
OCEAN ENGINEERING
27 DIVING AND SALVAGE EQUIPMENT.. 18,086 18,086
SMALL BOATS
28 STANDARD BOATS................ 74,963 74,963
PRODUCTION FACILITIES
EQUIPMENT
29 OPERATING FORCES IPE.......... 187,495 187,495
OTHER SHIP SUPPORT
30 LCS COMMON MISSION MODULES 49,060 49,060
EQUIPMENT....................
31 LCS MCM MISSION MODULES....... 93,961 93,961
33 LCS SUW MISSION MODULES....... 12,102 12,102
34 LCS IN-SERVICE MODERNIZATION.. 171,704 171,704
35 SMALL & MEDIUM UUV............ 61,951 61,951
LOGISTIC SUPPORT
36 LSD MIDLIFE & MODERNIZATION... 7,594 7,594
SHIP SONARS
37 SPQ-9B RADAR.................. 7,267 7,267
38 AN/SQQ-89 SURF ASW COMBAT 138,065 138,065
SYSTEM.......................
39 SSN ACOUSTIC EQUIPMENT........ 463,577 463,577
40 UNDERSEA WARFARE SUPPORT 23,452 23,452
EQUIPMENT....................
ASW ELECTRONIC EQUIPMENT
41 SUBMARINE ACOUSTIC WARFARE 46,726 46,726
SYSTEM.......................
42 SSTD.......................... 14,560 14,560
43 FIXED SURVEILLANCE SYSTEM..... 420,069 420,069
44 SURTASS....................... 33,910 33,910
ELECTRONIC WARFARE EQUIPMENT
45 AN/SLQ-32..................... 329,513 329,513
RECONNAISSANCE EQUIPMENT
46 SHIPBOARD IW EXPLOIT.......... 379,230 379,230
47 AUTOMATED IDENTIFICATION 4,082 4,082
SYSTEM (AIS).................
OTHER SHIP ELECTRONIC
EQUIPMENT
48 COOPERATIVE ENGAGEMENT 37,677 37,677
CAPABILITY...................
49 NAVAL TACTICAL COMMAND SUPPORT 15,374 15,374
SYSTEM (NTCSS)...............
50 ATDLS......................... 50,148 50,148
51 NAVY COMMAND AND CONTROL 3,918 3,918
SYSTEM (NCCS)................
52 MINESWEEPING SYSTEM 16,814 16,814
REPLACEMENT..................
54 NAVSTAR GPS RECEIVERS (SPACE). 37,319 37,319
55 AMERICAN FORCES RADIO AND TV 2,750 2,750
SERVICE......................
56 STRATEGIC PLATFORM SUPPORT 6,437 6,437
EQUIP........................
AVIATION ELECTRONIC EQUIPMENT
57 ASHORE ATC EQUIPMENT.......... 89,237 89,237
58 AFLOAT ATC EQUIPMENT.......... 90,487 90,487
59 ID SYSTEMS.................... 59,234 59,234
60 JOINT PRECISION APPROACH AND 3,343 3,343
LANDING SYSTEM (.............
61 NAVAL MISSION PLANNING SYSTEMS 39,180 39,180
OTHER SHORE ELECTRONIC
EQUIPMENT
62 MARITIME INTEGRATED BROADCAST 6,994 6,994
SYSTEM.......................
63 TACTICAL/MOBILE C4I SYSTEMS... 52,026 52,026
64 DCGS-N........................ 16,579 16,579
65 CANES......................... 467,587 467,587
66 RADIAC........................ 16,475 16,475
67 CANES-INTELL.................. 48,207 48,207
68 GPETE......................... 25,761 25,761
69 MASF.......................... 16,475 16,475
70 INTEG COMBAT SYSTEM TEST 6,345 6,345
FACILITY.....................
71 EMI CONTROL INSTRUMENTATION... 4,282 4,282
73 IN-SERVICE RADARS AND SENSORS. 255,256 255,256
SHIPBOARD COMMUNICATIONS
74 BATTLE FORCE TACTICAL NETWORK. 74,180 74,180
75 SHIPBOARD TACTICAL 29,776 29,776
COMMUNICATIONS...............
76 SHIP COMMUNICATIONS AUTOMATION 96,916 96,916
77 COMMUNICATIONS ITEMS UNDER $5M 14,107 14,107
SUBMARINE COMMUNICATIONS
78 SUBMARINE BROADCAST SUPPORT... 73,791 73,791
79 SUBMARINE COMMUNICATION 83,178 83,178
EQUIPMENT....................
SATELLITE COMMUNICATIONS
80 SATELLITE COMMUNICATIONS 72,871 72,871
SYSTEMS......................
81 NAVY MULTIBAND TERMINAL (NMT). 37,921 37,921
SHORE COMMUNICATIONS
82 JOINT COMMUNICATIONS SUPPORT 5,065 5,065
ELEMENT (JCSE)...............
CRYPTOGRAPHIC EQUIPMENT
83 INFO SYSTEMS SECURITY PROGRAM 154,890 154,890
(ISSP).......................
84 MIO INTEL EXPLOITATION TEAM... 1,079 1,079
CRYPTOLOGIC EQUIPMENT
85 CRYPTOLOGIC COMMUNICATIONS 17,483 17,483
EQUIP........................
OTHER ELECTRONIC SUPPORT
86 COAST GUARD EQUIPMENT......... 77,458 77,458
SONOBUOYS
88 SONOBUOYS--ALL TYPES.......... 311,177 311,177
AIRCRAFT SUPPORT EQUIPMENT
[[Page S4077]]
89 MINOTAUR...................... 5,396 5,396
90 WEAPONS RANGE SUPPORT 147,556 147,556
EQUIPMENT....................
91 AIRCRAFT SUPPORT EQUIPMENT.... 162,273 162,273
92 ADVANCED ARRESTING GEAR (AAG). 11,930 11,930
93 ELECTROMAGNETIC AIRCRAFT 17,836 17,836
LAUNCH SYSTEM (EMALS.........
94 METEOROLOGICAL EQUIPMENT...... 19,703 19,703
95 LEGACY AIRBORNE MCM........... 12,202 12,202
97 AVIATION SUPPORT EQUIPMENT.... 82,115 82,115
98 UMCS-UNMAN CARRIER 152,687 152,687
AVIATION(UCA)MISSION CNTRL...
99 ARCHITECT & CAP FOR AUTONOMY 1,612 1,612
IN NAV ENTER (AR.............
SHIP GUN SYSTEM EQUIPMENT
100 SHIP GUN SYSTEMS EQUIPMENT.... 6,404 6,404
SHIP MISSILE SYSTEMS EQUIPMENT
101 HARPOON SUPPORT EQUIPMENT..... 227 227
102 SHIP MISSILE SUPPORT EQUIPMENT 294,511 294,511
103 TOMAHAWK SUPPORT EQUIPMENT.... 92,432 92,432
FBM SUPPORT EQUIPMENT
104 STRATEGIC MISSILE SYSTEMS 325,318 325,318
EQUIP........................
ASW SUPPORT EQUIPMENT
105 SSN COMBAT CONTROL SYSTEMS.... 133,063 133,063
106 ASW SUPPORT EQUIPMENT......... 27,469 27,469
OTHER ORDNANCE SUPPORT
EQUIPMENT
107 EXPLOSIVE ORDNANCE DISPOSAL 27,864 27,864
EQUIP........................
108 ITEMS LESS THAN $5 MILLION.... 6,171 6,171
OTHER EXPENDABLE ORDNANCE
109 ANTI-SHIP MISSILE DECOY SYSTEM 56,630 56,630
110 SUBMARINE TRAINING DEVICE MODS 76,954 76,954
111 SURFACE TRAINING EQUIPMENT.... 209,487 209,487
CIVIL ENGINEERING SUPPORT
EQUIPMENT
112 PASSENGER CARRYING VEHICLES... 3,827 3,827
113 GENERAL PURPOSE TRUCKS........ 4,570 4,570
114 CONSTRUCTION & MAINTENANCE 56,829 56,829
EQUIP........................
115 FIRE FIGHTING EQUIPMENT....... 16,583 16,583
116 TACTICAL VEHICLES............. 24,236 24,236
117 AMPHIBIOUS EQUIPMENT.......... 4,504 4,504
118 POLLUTION CONTROL EQUIPMENT... 3,898 3,898
119 ITEMS LESS THAN $5 MILLION.... 67,286 67,286
120 PHYSICAL SECURITY VEHICLES.... 1,286 1,286
SUPPLY SUPPORT EQUIPMENT
121 SUPPLY EQUIPMENT.............. 33,258 33,258
122 FIRST DESTINATION 6,977 6,977
TRANSPORTATION...............
123 SPECIAL PURPOSE SUPPLY SYSTEMS 659,529 659,529
TRAINING DEVICES
124 TRAINING SUPPORT EQUIPMENT.... 2,083 2,083
125 TRAINING AND EDUCATION 106,542 106,542
EQUIPMENT....................
COMMAND SUPPORT EQUIPMENT
126 COMMAND SUPPORT EQUIPMENT..... 44,448 44,448
127 MEDICAL SUPPORT EQUIPMENT..... 12,529 12,529
129 NAVAL MIP SUPPORT EQUIPMENT... 5,408 5,408
130 OPERATING FORCES SUPPORT 12,105 12,105
EQUIPMENT....................
131 C4ISR EQUIPMENT............... 7,670 7,670
132 ENVIRONMENTAL SUPPORT 52,597 52,597
EQUIPMENT....................
133 PHYSICAL SECURITY EQUIPMENT... 108,901 108,901
134 ENTERPRISE INFORMATION 42,154 42,154
TECHNOLOGY...................
OTHER
139 NEXT GENERATION ENTERPRISE 177,585 177,585
SERVICE......................
140 CYBERSPACE ACTIVITIES......... 23,176 23,176
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 16,290 16,290
SPARES AND REPAIR PARTS
142 SPARES AND REPAIR PARTS....... 645,900 645,900
143 VIRGINIA CLASS (VACL) SPARES 470,000 470,000
AND REPAIR PARTS.............
TOTAL OTHER PROCUREMENT, NAVY. 14,535,257 14,535,257
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
1 AAV7A1 PIP.................... 3,353 3,353
2 AMPHIBIOUS COMBAT VEHICLE 557,564 557,564
FAMILY OF VEHICLES...........
3 LAV PIP....................... 42,052 42,052
ARTILLERY AND OTHER WEAPONS
4 155MM LIGHTWEIGHT TOWED 489 489
HOWITZER.....................
5 ARTILLERY WEAPONS SYSTEM...... 165,268 165,268
6 WEAPONS AND COMBAT VEHICLES 14,004 14,004
UNDER $5 MILLION.............
GUIDED MISSILES
7 TOMAHAWK...................... 105,192 105,192
8 NAVAL STRIKE MISSILE (NSM).... 169,726 169,726
9 NAVAL STRIKE MISSILE (NSM).... 39,244 39,244
10 GROUND BASED AIR DEFENSE...... 249,103 253,603
Program increase.............. [4,500]
11 ANTI-ARMOR MISSILE-JAVELIN.... 54,883 54,883
12 FAMILY ANTI-ARMOR WEAPON 23,627 23,627
SYSTEMS (FOAAWS).............
13 ANTI-ARMOR MISSILE-TOW........ 2,007 2,007
[[Page S4078]]
14 GUIDED MLRS ROCKET (GMLRS).... 8,867 8,867
COMMAND AND CONTROL SYSTEMS
15 COMMON AVIATION COMMAND AND 75,382 75,382
CONTROL SYSTEM (C............
REPAIR AND TEST EQUIPMENT
16 REPAIR AND TEST EQUIPMENT..... 53,590 53,590
OTHER SUPPORT (TEL)
17 MODIFICATION KITS............. 1,782 1,782
COMMAND AND CONTROL SYSTEM
(NON-TEL)
18 ITEMS UNDER $5 MILLION (COMM & 122,917 122,917
ELEC)........................
19 AIR OPERATIONS C2 SYSTEMS..... 23,744 23,744
RADAR + EQUIPMENT (NON-TEL)
20 GROUND/AIR TASK ORIENTED RADAR 66,291 66,291
(G/ATOR).....................
INTELL/COMM EQUIPMENT (NON-
TEL)
21 ELECTRO MAGNETIC SPECTRUM 177,270 177,270
OPERATIONS (EMSO)............
22 GCSS-MC....................... 4,144 4,144
23 FIRE SUPPORT SYSTEM........... 58,483 58,483
24 INTELLIGENCE SUPPORT EQUIPMENT 148,062 148,062
26 UNMANNED AIR SYSTEMS (INTEL).. 52,273 52,273
27 DCGS-MC....................... 68,289 68,289
28 UAS PAYLOADS.................. 19,088 19,088
OTHER SUPPORT (NON-TEL)
31 EXPEDITIONARY SUPPORT 2,010 2,010
EQUIPMENT....................
32 MARINE CORPS ENTERPRISE 259,044 259,044
NETWORK (MCEN)...............
33 COMMON COMPUTER RESOURCES..... 27,966 27,966
34 COMMAND POST SYSTEMS.......... 71,109 71,109
35 RADIO SYSTEMS................. 544,059 544,059
36 COMM SWITCHING & CONTROL 46,276 46,276
SYSTEMS......................
37 COMM & ELEC INFRASTRUCTURE 27,111 27,111
SUPPORT......................
38 CYBERSPACE ACTIVITIES......... 27,583 27,583
40 UNMANNED EXPEDITIONARY SYSTEMS 13,564 13,564
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 2,799 2,799
ADMINISTRATIVE VEHICLES
43 COMMERCIAL CARGO VEHICLES..... 34,169 34,169
TACTICAL VEHICLES
44 MOTOR TRANSPORT MODIFICATIONS. 17,299 17,299
45 JOINT LIGHT TACTICAL VEHICLE.. 232,501 232,501
46 TRAILERS...................... 2,034 2,034
ENGINEER AND OTHER EQUIPMENT
47 TACTICAL FUEL SYSTEMS......... 12,956 12,956
48 POWER EQUIPMENT ASSORTED...... 28,899 28,899
49 AMPHIBIOUS SUPPORT EQUIPMENT.. 15,691 15,691
50 EOD SYSTEMS................... 41,200 41,200
MATERIALS HANDLING EQUIPMENT
51 PHYSICAL SECURITY EQUIPMENT... 53,949 53,949
GENERAL PROPERTY
52 FIELD MEDICAL EQUIPMENT....... 5,457 5,457
53 TRAINING DEVICES.............. 96,577 96,577
54 FAMILY OF CONSTRUCTION 29,883 29,883
EQUIPMENT....................
55 ULTRA-LIGHT TACTICAL VEHICLE 17,034 17,034
(ULTV).......................
OTHER SUPPORT
56 ITEMS LESS THAN $5 MILLION.... 27,691 27,691
SPARES AND REPAIR PARTS
57 SPARES AND REPAIR PARTS....... 35,657 35,657
TOTAL PROCUREMENT, MARINE 3,979,212 3,983,712
CORPS........................
AIRCRAFT PROCUREMENT, AIR
FORCE
STRATEGIC OFFENSIVE
1 B-21 RAIDER................... 1,617,093 1,617,093
2 B-21 RAIDER................... 708,000 708,000
TACTICAL FORCES
3 F-35.......................... 4,877,121 4,877,121
4 F-35.......................... 402,000 402,000
5 F-15EX........................ 2,670,039 2,469,591
DAF requested realignment of [-200,448]
funds........................
6 F-15EX........................ 228,000 228,000
TACTICAL AIRLIFT
7 KC-46A MDAP................... 2,882,590 2,882,590
OTHER AIRLIFT
8 C-130J........................ 34,921 34,921
HELICOPTERS
11 MH-139A....................... 228,807 228,807
12 COMBAT RESCUE HELICOPTER...... 282,533 282,533
MISSION SUPPORT AIRCRAFT
13 CIVIL AIR PATROL A/C.......... 3,013 3,013
OTHER AIRCRAFT
15 TARGET DRONES................. 42,226 42,226
17 E-11 BACN/HAG................. 67,367 67,367
STRATEGIC AIRCRAFT
19 B-2A.......................... 107,980 107,980
20 B-1B.......................... 12,757 9,782
DAF requested realignment of [-2,975]
funds........................
[[Page S4079]]
21 B-52.......................... 65,815 51,798
DAF requested realignment of [-14,017]
funds........................
22 LARGE AIRCRAFT INFRARED 21,723 21,723
COUNTERMEASURES..............
TACTICAL AIRCRAFT
24 E-11 BACN/HAG................. 58,923 58,923
25 F-15.......................... 34,830 155,278
DAF requested realignment of [120,448]
funds........................
26 F-16.......................... 297,342 297,342
27 F-22A......................... 794,676 794,676
28 F-35 MODIFICATIONS............ 451,798 451,798
29 F-15 EPAW..................... 280,658 280,658
AIRLIFT AIRCRAFT
31 C-5........................... 24,377 24,377
32 C-17A......................... 140,560 140,560
33 C-32A......................... 19,060 19,060
34 C-37A......................... 13,454 13,454
TRAINER AIRCRAFT
35 GLIDER MODS................... 5,270 5,270
36 T-6........................... 2,942 2,942
37 T-1........................... 10,950 10,950
38 T-38.......................... 125,340 125,340
OTHER AIRCRAFT
40 U-2 MODS...................... 54,727 54,727
42 C-12.......................... 446 446
44 VC-25A MOD.................... 29,707 29,707
45 C-40.......................... 8,921 8,921
46 C-130......................... 71,177 71,177
47 C-130J MODS................... 121,258 121,258
48 C-135......................... 153,595 153,595
49 COMPASS CALL.................. 144,686 144,686
50 COMBAT FLIGHT INSPECTION--CFIN 446 446
51 RC-135........................ 220,138 240,138
RC-135 alternate PNT upgrades. [20,000]
52 E-3........................... 1,350 1,350
53 E-4........................... 13,055 13,055
56 H-1........................... 816 816
57 H-60.......................... 4,207 4,207
60 HC/MC-130 MODIFICATIONS....... 101,055 101,055
61 OTHER AIRCRAFT................ 54,134 73,403
DAF requested realignment of [11,619]
funds........................
DAF requested realignment of [7,650]
funds for SLPA-A.............
62 MQ-9 MODS..................... 98,063 98,063
64 SENIOR LEADER C3 SYSTEM-- 24,847 24,847
AIRCRAFT.....................
65 CV-22 MODS.................... 153,006 153,006
AIRCRAFT SPARES AND REPAIR
PARTS
66 INITIAL SPARES/REPAIR PARTS... 781,521 772,877
DAF requested realignment of [-8,644]
funds........................
COMMON SUPPORT EQUIPMENT
67 AIRCRAFT REPLACEMENT SUPPORT 157,664 157,664
EQUIP........................
POST PRODUCTION SUPPORT
68 B-2A.......................... 1,838 1,838
69 B-2B.......................... 15,207 15,207
72 MC-130J....................... 10,117 10,117
74 F-16.......................... 1,075 1,075
75 F-22A......................... 38,418 38,418
INDUSTRIAL PREPAREDNESS
79 INDUSTRIAL RESPONSIVENESS..... 18,874 18,874
WAR CONSUMABLES
80 WAR CONSUMABLES............... 27,482 27,482
OTHER PRODUCTION CHARGES
81 OTHER PRODUCTION CHARGES...... 1,478,044 1,558,044
DAF requested realignment of [80,000]
funds........................
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 17,165 17,165
TOTAL AIRCRAFT PROCUREMENT, 20,315,204 20,328,837
AIR FORCE....................
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT--
BALLISTIC
1 MISSILE REPLACEMENT EQ- 69,319 69,319
BALLISTIC....................
BALLISTIC MISSILES
3 GROUND BASED STRATEGIC 539,300 539,300
DETERRENT....................
STRATEGIC
TACTICAL
4 LONG RANGE STAND-OFF WEAPON... 66,816 66,816
5 REPLAC EQUIP & WAR CONSUMABLES 37,318 37,318
6 JOINT AIR-SURFACE STANDOFF 915,996 915,996
MISSILE......................
7 JOINT AIR-SURFACE STANDOFF 769,672 769,672
MISSILE......................
8 JOINT STRIKE MISSILE.......... 161,011 161,011
9 LRASM0........................ 87,796 87,796
10 LRASM0........................ 99,871 99,871
11 SIDEWINDER (AIM-9X)........... 95,643 95,643
12 AMRAAM........................ 489,049 489,049
[[Page S4080]]
13 AMRAAM........................ 212,410 212,410
14 PREDATOR HELLFIRE MISSILE..... 1,049 1,049
15 SMALL DIAMETER BOMB........... 48,734 48,734
16 SMALL DIAMETER BOMB II........ 291,553 291,553
17 STAND-IN ATTACK WEAPON (SIAW). 41,947 41,947
INDUSTRIAL FACILITIES
18 INDUSTRIAL PREPAREDNESS/POL 793 793
PREVENTION...................
CLASS IV
19 ICBM FUZE MOD................. 115,745 115,745
20 ICBM FUZE MOD................. 43,044 43,044
21 MM III MODIFICATIONS.......... 48,639 48,639
22 AIR LAUNCH CRUISE MISSILE 41,494 41,494
(ALCM).......................
MISSILE SPARES AND REPAIR
PARTS
23 MSL SPRS/REPAIR PARTS 6,840 6,840
(INITIAL)....................
24 MSL SPRS/REPAIR PARTS (REPLEN) 75,191 75,191
SPECIAL PROGRAMS
29 SPECIAL UPDATE PROGRAMS....... 419,498 419,498
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 851,718 851,718
TOTAL MISSILE PROCUREMENT, AIR 5,530,446 5,530,446
FORCE........................
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS....................... 18,483 18,483
CARTRIDGES
2 CARTRIDGES.................... 101,104 101,104
BOMBS
4 GENERAL PURPOSE BOMBS......... 142,118 142,118
5 MASSIVE ORDNANCE PENETRATOR 14,074 14,074
(MOP)........................
6 JOINT DIRECT ATTACK MUNITION.. 132,364 132,364
7 B-61.......................... 68 68
8 B61-12 TRAINER................ 10,100 10,100
OTHER ITEMS
9 CAD/PAD....................... 51,487 51,487
10 EXPLOSIVE ORDNANCE DISPOSAL 6,707 6,707
(EOD)........................
11 SPARES AND REPAIR PARTS....... 585 585
13 FIRST DESTINATION 2,299 2,299
TRANSPORTATION...............
14 ITEMS LESS THAN $5,000,000.... 5,115 5,115
FLARES
15 EXPENDABLE COUNTERMEASURES.... 79,786 79,786
FUZES
16 FUZES......................... 109,562 109,562
SMALL ARMS
17 SMALL ARMS.................... 29,306 29,306
TOTAL PROCUREMENT OF 703,158 703,158
AMMUNITION, AIR FORCE........
PROCUREMENT, SPACE FORCE
SPACE PROCUREMENT, SF
1 AF SATELLITE COMM SYSTEM...... 64,345 64,345
3 COUNTERSPACE SYSTEMS.......... 52,665 52,665
4 FAMILY OF BEYOND LINE-OF-SIGHT 25,057 25,057
TERMINALS....................
5 FABT FORCE ELEMENT TERMINAL... 121,634 121,634
7 GENERAL INFORMATION TECH-- 3,451 3,451
SPACE........................
8 GPSIII FOLLOW ON.............. 119,700 119,700
9 GPS III SPACE SEGMENT......... 121,770 121,770
10 GLOBAL POSTIONING (SPACE)..... 893 893
11 HERITAGE TRANSITION........... 6,110 6,110
12 JOINT TACTICAL GROUND STATIONS 580 580
13 SPACEBORNE EQUIP (COMSEC)..... 83,168 83,168
14 MILSATCOM..................... 44,672 44,672
15 SBIR HIGH (SPACE)............. 39,438 39,438
16 SPECIAL SPACE ACTIVITIES...... 840,913 380,213
Space Force realignment of [-497,000]
funds........................
Space Force Unfunded [36,300]
Priorities List Classified
Program A....................
17 MOBILE USER OBJECTIVE SYSTEM.. 101,147 101,147
18 NATIONAL SECURITY SPACE LAUNCH 2,142,846 2,142,846
20 PTES HUB...................... 56,482 56,482
21 ROCKET SYSTEMS LAUNCH PROGRAM. 74,848 74,848
22 SPACE DEVELOPMENT AGENCY 529,468 529,468
LAUNCH.......................
23 SPACE MODS.................... 166,596 166,596
24 SPACELIFT RANGE SYSTEM SPACE.. 114,505 114,505
SPARES
25 SPARES AND REPAIR PARTS....... 906 906
SUPPORT EQUIPMENT
26 POWER CONDITIONING EQUIPMENT.. 3,100 3,100
TOTAL PROCUREMENT, SPACE FORCE 4,714,294 4,253,594
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES... 6,123 6,123
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE....... 3,961 3,961
[[Page S4081]]
3 CAP VEHICLES.................. 1,027 1,027
4 CARGO AND UTILITY VEHICLES.... 45,036 47,338
DAF requested realignment of [328]
funds........................
DAF requested realignment of [1,974]
funds from OMAF SAG 11R......
SPECIAL PURPOSE VEHICLES
5 JOINT LIGHT TACTICAL VEHICLE.. 57,780 57,780
6 SECURITY AND TACTICAL VEHICLES 390 390
7 SPECIAL PURPOSE VEHICLES...... 79,023 82,803
DAF requested realignment of [340]
funds........................
DAF requested realignment of [3,440]
funds from OMAF SAG 11R......
FIRE FIGHTING EQUIPMENT
8 FIRE FIGHTING/CRASH RESCUE 70,252 70,252
VEHICLES.....................
MATERIALS HANDLING EQUIPMENT
9 MATERIALS HANDLING VEHICLES... 73,805 75,895
DAF requested realignment of [1,805]
funds from OMAF SAG 11R......
DAF requested realignment of [285]
funds from OPAF line 11......
BASE MAINTENANCE SUPPORT
10 RUNWAY SNOW REMOV AND CLEANING 22,030 22,030
EQU..........................
11 BASE MAINTENANCE SUPPORT 223,354 240,634
VEHICLES.....................
DAF requested realignment of [-953]
funds........................
DAF requested realignment of [18,233]
funds from OMAF SAG 11R......
COMM SECURITY
EQUIPMENT(COMSEC)
13 COMSEC EQUIPMENT.............. 98,600 98,600
INTELLIGENCE PROGRAMS
15 INTERNATIONAL INTEL TFECH & 5,393 5,393
ARCHITECTURES................
16 INTELLIGENCE TRAINING 5,012 5,012
EQUIPMENT....................
17 INTELLIGENCE COMM EQUIPMENT... 40,042 40,042
ELECTRONICS PROGRAMS
18 AIR TRAFFIC CONTROL & LANDING 67,581 67,581
SYS..........................
19 NATIONAL AIRSPACE SYSTEM...... 3,841 3,841
20 BATTLE CONTROL SYSTEM--FIXED.. 1,867 1,867
22 3D EXPEDITIONARY LONG-RANGE 83,735 83,735
RADAR........................
23 WEATHER OBSERVATION FORECAST.. 28,530 28,530
24 STRATEGIC COMMAND AND CONTROL. 73,593 73,593
25 CHEYENNE MOUNTAIN COMPLEX..... 8,221 8,221
26 MISSION PLANNING SYSTEMS...... 17,078 17,078
29 STRATEGIC MISSION PLANNING & 3,861 3,861
EXECUTION SYSTEM.............
SPCL COMM-ELECTRONICS PROJECTS
30 GENERAL INFORMATION TECHNOLOGY 206,142 237,093
DAF requested realignment of [30,951]
funds........................
31 AF GLOBAL COMMAND & CONTROL 2,582 2,582
SYS..........................
32 BATTLEFIELD AIRBORNE CONTROL 30 30
NODE (BACN)..................
33 MOBILITY COMMAND AND CONTROL.. 3,768 3,768
34 AIR FORCE PHYSICAL SECURITY 208,704 208,704
SYSTEM.......................
35 COMBAT TRAINING RANGES........ 346,340 346,340
36 MINIMUM ESSENTIAL EMERGENCY 84,102 84,102
COMM N.......................
37 WIDE AREA SURVEILLANCE (WAS).. 11,594 11,594
38 C3 COUNTERMEASURES............ 148,818 148,818
44 AIR & SPACE OPERATIONS CENTER 5,032 5,032
(AOC)........................
AIR FORCE COMMUNICATIONS
46 BASE INFORMATION TRANSPT 108,532 322,704
INFRAST (BITI) WIRED.........
DAF requested realignment of [214,172]
funds........................
47 AFNET......................... 154,911 154,911
48 JOINT COMMUNICATIONS SUPPORT 5,381 5,381
ELEMENT (JCSE)...............
49 USCENTCOM..................... 18,025 18,025
50 USSTRATCOM.................... 4,436 4,436
51 USSPACECOM.................... 27,073 27,073
ORGANIZATION AND BASE
52 TACTICAL C-E EQUIPMENT........ 226,819 226,819
53 RADIO EQUIPMENT............... 30,407 30,407
54 BASE COMM INFRASTRUCTURE...... 113,563 113,563
MODIFICATIONS
55 COMM ELECT MODS............... 98,224 98,224
PERSONAL SAFETY & RESCUE EQUIP
56 PERSONAL SAFETY AND RESCUE 60,473 60,473
EQUIPMENT....................
DEPOT PLANT+MTRLS HANDLING EQ
57 POWER CONDITIONING EQUIPMENT.. 9,235 9,235
58 MECHANIZED MATERIAL HANDLING 15,662 15,662
EQUIP........................
BASE SUPPORT EQUIPMENT
59 BASE PROCURED EQUIPMENT....... 77,875 77,875
60 ENGINEERING AND EOD EQUIPMENT. 280,734 288,968
DAF requested realignment of [2,284]
funds........................
DAF requested realignment of [5,950]
funds from OMAF SAG 11R......
61 MOBILITY EQUIPMENT............ 207,071 232,271
DAF requested realignment of [25,200]
funds from OMAF SAG 11R......
62 FUELS SUPPORT EQUIPMENT (FSE). 218,790 218,790
63 BASE MAINTENANCE AND SUPPORT 51,914 51,914
EQUIPMENT....................
SPECIAL SUPPORT PROJECTS
65 DARP RC135.................... 28,882 28,882
66 DCGS-AF....................... 129,655 129,655
70 SPECIAL UPDATE PROGRAM........ 1,042,833 1,042,833
CLASSIFIED PROGRAMS
[[Page S4082]]
9999 CLASSIFIED PROGRAMS........... 25,456,490 25,456,490
SPARES AND REPAIR PARTS
71 SPARES AND REPAIR PARTS 1,032 1,032
(CYBER)......................
72 SPARES AND REPAIR PARTS....... 12,628 12,628
TOTAL OTHER PROCUREMENT, AIR 30,417,892 30,721,901
FORCE........................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DCSA
29 MAJOR EQUIPMENT............... 2,135 2,135
MAJOR EQUIPMENT, DHRA
43 PERSONNEL ADMINISTRATION...... 3,704 3,704
MAJOR EQUIPMENT, DISA
11 INFORMATION SYSTEMS SECURITY.. 12,275 12,275
12 TELEPORT PROGRAM.............. 42,399 42,399
14 ITEMS LESS THAN $5 MILLION.... 47,538 47,538
15 DEFENSE INFORMATION SYSTEM 39,472 39,472
NETWORK......................
16 WHITE HOUSE COMMUNICATION 118,523 118,523
AGENCY.......................
17 SENIOR LEADERSHIP ENTERPRISE.. 94,591 94,591
18 JOINT REGIONAL SECURITY STACKS 22,714 15,714
(JRSS).......................
Program reduction............. [-7,000]
19 JOINT SERVICE PROVIDER........ 107,637 107,637
20 FOURTH ESTATE NETWORK 33,047 33,047
OPTIMIZATION (4ENO)..........
MAJOR EQUIPMENT, DLA
28 MAJOR EQUIPMENT............... 30,355 30,355
MAJOR EQUIPMENT, DMACT
50 MAJOR EQUIPMENT............... 13,012 13,012
MAJOR EQUIPMENT, DODEA
49 AUTOMATION/EDUCATIONAL SUPPORT 1,358 1,358
& LOGISTICS..................
MAJOR EQUIPMENT, DPAA
1 MAJOR EQUIPMENT, DPAA......... 516 516
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
46 VEHICLES...................... 366 366
47 OTHER MAJOR EQUIPMENT......... 12,787 12,787
48 DTRA CYBER ACTIVITIES......... 21,413 21,413
MAJOR EQUIPMENT, MISSILE
DEFENSE AGENCY
31 THAAD......................... 216,782 216,782
33 AEGIS BMD..................... 374,756 374,756
35 BMDS AN/TPY-2 RADARS.......... 29,108 29,108
36 SM-3 IIAS..................... 432,824 432,824
37 ARROW 3 UPPER TIER SYSTEMS.... 80,000 80,000
38 SHORT RANGE BALLISTIC MISSILE 40,000 40,000
DEFENSE (SRBMD)..............
39 DEFENSE OF GUAM PROCUREMENT... 169,627 169,627
40 AEGIS ASHORE PHASE III........ 2,390 2,390
41 IRON DOME..................... 80,000 80,000
42 AEGIS BMD HARDWARE AND 27,825 27,825
SOFTWARE.....................
MAJOR EQUIPMENT, OSD
2 MAJOR EQUIPMENT, OSD.......... 186,006 186,006
MAJOR EQUIPMENT, TJS
30 MAJOR EQUIPMENT, TJS.......... 3,747 3,747
MAJOR EQUIPMENT, USCYBERCOM
51 CYBERSPACE OPERATIONS......... 129,082 160,082
Modernization of Department of [31,000]
Defense Internet Gateway
Cyber Defense................
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 658,529 658,529
AVIATION PROGRAMS
53 ARMED OVERWATCH/TARGETING..... 266,846 266,846
54 MANNED ISR.................... 7,000 7,000
55 MC-12......................... 600 600
57 ROTARY WING UPGRADES AND 261,012 261,012
SUSTAINMENT..................
58 UNMANNED ISR.................. 26,997 26,997
59 NON-STANDARD AVIATION......... 25,782 25,782
60 U-28.......................... 7,198 7,198
61 MH-47 CHINOOK................. 149,883 149,883
62 CV-22 MODIFICATION............ 75,981 75,981
63 MQ-9 UNMANNED AERIAL VEHICLE.. 17,684 17,684
64 PRECISION STRIKE PACKAGE...... 108,497 108,497
65 AC/MC-130J.................... 319,754 319,754
66 C-130 MODIFICATIONS........... 18,796 18,796
SHIPBUILDING
67 UNDERWATER SYSTEMS............ 66,111 78,171
Seal Delivery Vehicle (SDV) [12,060]
Sonar Payload for Subsea
Seabed Acceleration..........
AMMUNITION PROGRAMS
68 ORDNANCE ITEMS <$5M........... 147,831 147,831
OTHER PROCUREMENT PROGRAMS
69 INTELLIGENCE SYSTEMS.......... 203,400 203,400
70 DISTRIBUTED COMMON GROUND/ 5,718 5,718
SURFACE SYSTEMS..............
71 OTHER ITEMS <$5M.............. 108,816 108,816
72 COMBATANT CRAFT SYSTEMS....... 55,064 55,064
73 SPECIAL PROGRAMS.............. 20,412 20,412
74 TACTICAL VEHICLES............. 56,561 56,561
75 WARRIOR SYSTEMS <$5M.......... 329,837 344,637
Counter Uncrewed Aerial [14,800]
Systems (CUAS) Group 3 Defeat
Acceleration.................
[[Page S4083]]
76 COMBAT MISSION REQUIREMENTS... 4,987 4,987
77 OPERATIONAL ENHANCEMENTS 23,639 23,639
INTELLIGENCE.................
78 OPERATIONAL ENHANCEMENTS...... 322,341 322,341
CBDP
79 CHEMICAL BIOLOGICAL 159,884 159,884
SITUATIONAL AWARENESS........
80 CB PROTECTION & HAZARD 231,826 236,826
MITIGATION...................
Chemical nerve agent [5,000]
countermeasures..............
TOTAL PROCUREMENT, DEFENSE- 6,056,975 6,112,835
WIDE.........................
TOTAL PROCUREMENT............. 167,988,341 169,840,643
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2024 Senate
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
1 0601102A DEFENSE RESEARCH SCIENCES......... 296,670 296,670
2 0601103A UNIVERSITY RESEARCH INITIATIVES... 75,672 75,672
3 0601104A UNIVERSITY AND INDUSTRY RESEARCH 108,946 108,946
CENTERS.
4 0601121A CYBER COLLABORATIVE RESEARCH 5,459 5,459
ALLIANCE.
5 0601601A ARTIFICIAL INTELLIGENCE AND 10,708 10,708
MACHINE LEARNING BASIC RESEARCH.
.................................. SUBTOTAL BASIC RESEARCH........... 497,455 497,455
..................................
.................................. APPLIED RESEARCH
6 0602002A ARMY AGILE INNOVATION AND 5,613 5,613
DEVELOPMENT-APPLIED RESEARCH.
8 0602134A COUNTER IMPROVISED-THREAT ADVANCED 6,242 6,242
STUDIES.
9 0602141A LETHALITY TECHNOLOGY.............. 85,578 85,578
10 0602142A ARMY APPLIED RESEARCH............. 34,572 34,572
11 0602143A SOLDIER LETHALITY TECHNOLOGY...... 104,470 114,470
.................................. Airborne Pathfinder............... [10,000]
12 0602144A GROUND TECHNOLOGY................. 60,005 80,005
.................................. Critical hybrid advanced materials [7,000]
processing.
.................................. Engineered repair materials for [3,000]
roadways.
.................................. Polar proving ground and training [5,000]
program.
.................................. Titanium metal powder production [5,000]
technology.
13 0602145A NEXT GENERATION COMBAT VEHICLE 166,500 181,500
TECHNOLOGY.
.................................. Fuel cells for next generation [5,000]
combat vehicles.
.................................. Hydrogen fuel source research and [10,000]
development.
14 0602146A NETWORK C3I TECHNOLOGY............ 81,618 81,618
15 0602147A LONG RANGE PRECISION FIRES 34,683 34,683
TECHNOLOGY.
16 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 73,844 73,844
17 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 33,301 38,301
.................................. Counter-Unmanned Aircraft Systems [5,000]
technology.
18 0602180A ARTIFICIAL INTELLIGENCE AND 24,142 24,142
MACHINE LEARNING TECHNOLOGIES.
19 0602181A ALL DOMAIN CONVERGENCE APPLIED 14,297 14,297
RESEARCH.
20 0602182A C3I APPLIED RESEARCH.............. 30,659 30,659
21 0602183A AIR PLATFORM APPLIED RESEARCH..... 48,163 48,163
22 0602184A SOLDIER APPLIED RESEARCH.......... 18,986 18,986
23 0602213A C3I APPLIED CYBER................. 22,714 22,714
24 0602386A BIOTECHNOLOGY FOR MATERIALS-- 16,736 16,736
APPLIED RESEARCH.
25 0602785A MANPOWER/PERSONNEL/TRAINING 19,969 19,969
TECHNOLOGY.
26 0602787A MEDICAL TECHNOLOGY................ 66,266 71,266
.................................. Preventing trauma-related stress [5,000]
disorder.
.................................. SUBTOTAL APPLIED RESEARCH......... 948,358 1,003,358
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
27 0603002A MEDICAL ADVANCED TECHNOLOGY....... 4,147 4,147
28 0603007A MANPOWER, PERSONNEL AND TRAINING 16,316 16,316
ADVANCED TECHNOLOGY.
29 0603025A ARMY AGILE INNOVATION AND 23,156 23,156
DEMONSTRATION.
30 0603040A ARTIFICIAL INTELLIGENCE AND 13,187 18,187
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
.................................. Tactical artificial intelligence [5,000]
and machine learning.
31 0603041A ALL DOMAIN CONVERGENCE ADVANCED 33,332 33,332
TECHNOLOGY.
32 0603042A C3I ADVANCED TECHNOLOGY........... 19,225 19,225
33 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 14,165 14,165
34 0603044A SOLDIER ADVANCED TECHNOLOGY....... 1,214 1,214
36 0603116A LETHALITY ADVANCED TECHNOLOGY..... 20,582 20,582
37 0603117A ARMY ADVANCED TECHNOLOGY 136,280 136,280
DEVELOPMENT.
38 0603118A SOLDIER LETHALITY ADVANCED 102,778 102,778
TECHNOLOGY.
39 0603119A GROUND ADVANCED TECHNOLOGY........ 40,597 45,597
.................................. Advanced composites and multi- [5,000]
material protective systems.
40 0603134A COUNTER IMPROVISED-THREAT 21,672 21,672
SIMULATION.
41 0603386A BIOTECHNOLOGY FOR MATERIALS-- 59,871 59,871
ADVANCED RESEARCH.
42 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 28,847 28,847
[[Page S4084]]
43 0603461A HIGH PERFORMANCE COMPUTING 255,772 265,772
MODERNIZATION PROGRAM.
.................................. High Performance Computing [10,000]
Modernization Program increase.
44 0603462A NEXT GENERATION COMBAT VEHICLE 217,394 224,394
ADVANCED TECHNOLOGY.
.................................. Advanced Manufacturing Center of [7,000]
Excellence.
45 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 105,549 105,549
46 0603464A LONG RANGE PRECISION FIRES 153,024 158,024
ADVANCED TECHNOLOGY.
.................................. Aluminum-Lithium Alloy Solid [5,000]
Rocket Motor.
47 0603465A FUTURE VERTICAL LIFT ADVANCED 158,795 158,795
TECHNOLOGY.
48 0603466A AIR AND MISSILE DEFENSE ADVANCED 21,015 26,015
TECHNOLOGY.
.................................. Rapid Assurance Modernization [5,000]
Program-Test.
49 0603920A HUMANITARIAN DEMINING............. 9,068 9,068
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,455,986 1,492,986
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
51 0603305A ARMY MISSLE DEFENSE SYSTEMS 12,904 12,904
INTEGRATION.
52 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 19,120 19,120
54 0603619A LANDMINE WARFARE AND BARRIER--ADV 47,537 47,537
DEV.
55 0603639A TANK AND MEDIUM CALIBER AMMUNITION 91,323 91,323
56 0603645A ARMORED SYSTEM MODERNIZATION--ADV 43,026 43,026
DEV.
57 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 3,550 3,550
58 0603766A TACTICAL ELECTRONIC SURVEILLANCE 65,567 65,567
SYSTEM--ADV DEV.
59 0603774A NIGHT VISION SYSTEMS ADVANCED 73,675 73,675
DEVELOPMENT.
60 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 31,720 31,720
DEM/VAL.
61 0603790A NATO RESEARCH AND DEVELOPMENT..... 4,143 4,143
62 0603801A AVIATION--ADV DEV................. 1,502,160 1,502,160
63 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 7,604 7,604
ADV DEV.
64 0603807A MEDICAL SYSTEMS--ADV DEV.......... 1,602 1,602
65 0603827A SOLDIER SYSTEMS--ADVANCED 27,681 27,681
DEVELOPMENT.
66 0604017A ROBOTICS DEVELOPMENT.............. 3,024 3,024
67 0604019A EXPANDED MISSION AREA MISSILE 97,018 97,018
(EMAM).
68 0604020A CROSS FUNCTIONAL TEAM (CFT) 117,557 117,557
ADVANCED DEVELOPMENT &
PROTOTYPING.
69 0604035A LOW EARTH ORBIT (LEO) SATELLITE 38,851 38,851
CAPABILITY.
70 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 191,394 191,394
ADV DEV.
71 0604037A TACTICAL INTEL TARGETING ACCESS 10,626 10,626
NODE (TITAN) ADV DEV.
72 0604100A ANALYSIS OF ALTERNATIVES.......... 11,095 11,095
73 0604101A SMALL UNMANNED AERIAL VEHICLE 5,144 5,144
(SUAV) (6.4).
74 0604103A ELECTRONIC WARFARE PLANNING AND 2,260 2,260
MANAGEMENT TOOL (EWPMT).
75 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 53,143 53,143
SYSTEM (FTUAS).
76 0604114A LOWER TIER AIR MISSILE DEFENSE 816,663 816,663
(LTAMD) SENSOR.
77 0604115A TECHNOLOGY MATURATION INITIATIVES. 281,314 281,314
78 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 281,239 281,239
(M-SHORAD).
79 0604119A ARMY ADVANCED COMPONENT 204,914 204,914
DEVELOPMENT & PROTOTYPING.
80 0604120A ASSURED POSITIONING, NAVIGATION 40,930 40,930
AND TIMING (PNT).
81 0604121A SYNTHETIC TRAINING ENVIRONMENT 109,714 109,714
REFINEMENT & PROTOTYPING.
82 0604134A COUNTER IMPROVISED-THREAT 16,426 16,426
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
83 0604135A STRATEGIC MID-RANGE FIRES......... 31,559 31,559
84 0604182A HYPERSONICS....................... 43,435 43,435
85 0604403A FUTURE INTERCEPTOR................ 8,040 8,040
86 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 64,242 64,242
SYSTEMS ADVANCED DEVELOPMENT.
87 0604541A UNIFIED NETWORK TRANSPORT......... 40,915 40,915
9999 9999999999 CLASSIFIED PROGRAMS............... 19,200 19,200
.................................. SUBTOTAL ADVANCED COMPONENT 4,420,315 4,420,315
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
91 0604201A AIRCRAFT AVIONICS................. 13,673 13,673
92 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 12,789 12,789
93 0604601A INFANTRY SUPPORT WEAPONS.......... 64,076 64,076
94 0604604A MEDIUM TACTICAL VEHICLES.......... 28,226 28,226
95 0604611A JAVELIN........................... 7,827 7,827
96 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 44,197 44,197
97 0604633A AIR TRAFFIC CONTROL............... 1,134 1,134
98 0604641A TACTICAL UNMANNED GROUND VEHICLE 142,125 142,125
(TUGV).
99 0604642A LIGHT TACTICAL WHEELED VEHICLES... 53,564 53,564
100 0604645A ARMORED SYSTEMS MODERNIZATION 102,201 102,201
(ASM)--ENG DEV.
101 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 48,720 56,220
.................................. Enhanced Night Vision Goggle-- [7,500]
Binocular capability enhancements.
102 0604713A COMBAT FEEDING, CLOTHING, AND 2,223 2,223
EQUIPMENT.
103 0604715A NON-SYSTEM TRAINING DEVICES--ENG 21,441 21,441
DEV.
104 0604741A AIR DEFENSE COMMAND, CONTROL AND 74,738 74,738
INTELLIGENCE--ENG DEV.
105 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 30,985 30,985
DEVELOPMENT.
106 0604746A AUTOMATIC TEST EQUIPMENT 13,626 13,626
DEVELOPMENT.
107 0604760A DISTRIBUTIVE INTERACTIVE 8,802 8,802
SIMULATIONS (DIS)--ENG DEV.
108 0604798A BRIGADE ANALYSIS, INTEGRATION AND 20,828 20,828
EVALUATION.
109 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 243,851 243,851
110 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 37,420 42,420
ENG DEV.
.................................. Ultra-Lightweight Camouflage Net [5,000]
System.
111 0604805A COMMAND, CONTROL, COMMUNICATIONS 34,214 34,214
SYSTEMS--ENG DEV.
112 0604807A MEDICAL MATERIEL/MEDICAL 6,496 6,496
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
113 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 13,581 13,581
114 0604818A ARMY TACTICAL COMMAND & CONTROL 168,574 168,574
HARDWARE & SOFTWARE.
115 0604820A RADAR DEVELOPMENT................. 94,944 94,944
[[Page S4085]]
116 0604822A GENERAL FUND ENTERPRISE BUSINESS 2,965 2,965
SYSTEM (GFEBS).
117 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 11,333 11,333
118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 79,250 79,250
SYSTEMS--EMD.
119 0604854A ARTILLERY SYSTEMS--EMD............ 42,490 42,490
120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 104,024 104,024
121 0605018A INTEGRATED PERSONNEL AND PAY 102,084 102,084
SYSTEM-ARMY (IPPS-A).
123 0605030A JOINT TACTICAL NETWORK CENTER 18,662 18,662
(JTNC).
124 0605031A JOINT TACTICAL NETWORK (JTN)...... 30,328 30,328
125 0605035A COMMON INFRARED COUNTERMEASURES 11,509 11,509
(CIRCM).
126 0605036A COMBATING WEAPONS OF MASS 1,050 1,050
DESTRUCTION (CWMD).
128 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 27,714 27,714
129 0605042A TACTICAL NETWORK RADIO SYSTEMS 4,318 4,318
(LOW-TIER).
130 0605047A CONTRACT WRITING SYSTEM........... 16,355 16,355
131 0605049A MISSILE WARNING SYSTEM 27,571 27,571
MODERNIZATION (MWSM).
132 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 24,900 24,900
133 0605052A INDIRECT FIRE PROTECTION 196,248 196,248
CAPABILITY INC 2--BLOCK 1.
134 0605053A GROUND ROBOTICS................... 35,319 35,319
135 0605054A EMERGING TECHNOLOGY INITIATIVES... 201,274 201,274
137 0605144A NEXT GENERATION LOAD DEVICE-- 36,970 36,970
MEDIUM.
139 0605148A TACTICAL INTEL TARGETING ACCESS 132,136 132,136
NODE (TITAN) EMD.
140 0605203A ARMY SYSTEM DEVELOPMENT & 81,657 81,657
DEMONSTRATION.
141 0605205A SMALL UNMANNED AERIAL VEHICLE 31,284 31,284
(SUAV) (6.5).
142 0605206A CI AND HUMINT EQUIPMENT PROGRAM- 2,170 2,170
ARMY (CIHEP-A).
143 0605216A JOINT TARGETING INTEGRATED COMMAND 9,290 9,290
AND COORDINATION SUITE (JTIC2S).
144 0605224A MULTI-DOMAIN INTELLIGENCE......... 41,003 41,003
146 0605231A PRECISION STRIKE MISSILE (PRSM)... 272,786 272,786
147 0605232A HYPERSONICS EMD................... 900,920 900,920
148 0605233A ACCESSIONS INFORMATION ENVIRONMENT 27,361 27,361
(AIE).
149 0605235A STRATEGIC MID-RANGE CAPABILITY.... 348,855 348,855
150 0605236A INTEGRATED TACTICAL COMMUNICATIONS 22,901 22,901
151 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 3,014 3,014
152 0605457A ARMY INTEGRATED AIR AND MISSILE 284,095 284,095
DEFENSE (AIAMD).
153 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 36,016 36,016
SYSTEMS SYS DEV & DEMONSTRATION.
154 0605625A MANNED GROUND VEHICLE............. 996,653 996,653
155 0605766A NATIONAL CAPABILITIES INTEGRATION 15,129 15,129
(MIP).
156 0605812A JOINT LIGHT TACTICAL VEHICLE 27,243 27,243
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
157 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,167 1,167
158 0303032A TROJAN--RH12...................... 3,879 3,879
159 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 137,186 137,186
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,639,364 5,651,864
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
160 0604256A THREAT SIMULATOR DEVELOPMENT...... 38,492 38,492
161 0604258A TARGET SYSTEMS DEVELOPMENT........ 11,873 11,873
162 0604759A MAJOR T&E INVESTMENT.............. 76,167 76,167
163 0605103A RAND ARROYO CENTER................ 37,078 37,078
164 0605301A ARMY KWAJALEIN ATOLL.............. 314,872 314,872
165 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 95,551 95,551
167 0605601A ARMY TEST RANGES AND FACILITIES... 439,118 449,118
.................................. Radar Range Replacement Program... [10,000]
168 0605602A ARMY TECHNICAL TEST 42,220 42,220
INSTRUMENTATION AND TARGETS.
169 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 37,518 37,518
170 0605606A AIRCRAFT CERTIFICATION............ 2,718 2,718
172 0605706A MATERIEL SYSTEMS ANALYSIS......... 26,902 26,902
173 0605709A EXPLOITATION OF FOREIGN ITEMS..... 7,805 7,805
174 0605712A SUPPORT OF OPERATIONAL TESTING.... 75,133 75,133
175 0605716A ARMY EVALUATION CENTER............ 71,118 71,118
176 0605718A ARMY MODELING & SIM X-CMD 11,204 11,204
COLLABORATION & INTEG.
177 0605801A PROGRAMWIDE ACTIVITIES............ 93,895 93,895
178 0605803A TECHNICAL INFORMATION ACTIVITIES.. 31,327 31,327
179 0605805A MUNITIONS STANDARDIZATION, 50,409 50,409
EFFECTIVENESS AND SAFETY.
180 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,629 1,629
MGMT SUPPORT.
181 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 55,843 55,843
R&D - MHA.
182 0606002A RONALD REAGAN BALLISTIC MISSILE 91,340 91,340
DEFENSE TEST SITE.
183 0606003A COUNTERINTEL AND HUMAN INTEL 6,348 6,348
MODERNIZATION.
185 0606942A ASSESSMENTS AND EVALUATIONS CYBER 6,025 6,025
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,624,585 1,634,585
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
187 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 14,465 14,465
188 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,472 7,472
189 0607131A WEAPONS AND MUNITIONS PRODUCT 8,425 8,425
IMPROVEMENT PROGRAMS.
190 0607136A BLACKHAWK PRODUCT IMPROVEMENT 1,507 11,507
PROGRAM.
.................................. Program increase.................. [10,000]
191 0607137A CHINOOK PRODUCT IMPROVEMENT 9,265 19,265
PROGRAM.
.................................. Program increase.................. [10,000]
192 0607139A IMPROVED TURBINE ENGINE PROGRAM... 201,247 201,247
193 0607142A AVIATION ROCKET SYSTEM PRODUCT 3,014 3,014
IMPROVEMENT AND DEVELOPMENT.
194 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 25,393 25,393
PRODUCTS.
195 0607145A APACHE FUTURE DEVELOPMENT......... 10,547 20,547
.................................. Apache future development program [10,000]
increase.
[[Page S4086]]
196 0607148A AN/TPQ-53 COUNTERFIRE TARGET 54,167 54,167
ACQUISITION RADAR SYSTEM.
197 0607150A INTEL CYBER DEVELOPMENT........... 4,345 4,345
198 0607312A ARMY OPERATIONAL SYSTEMS 19,000 19,000
DEVELOPMENT.
199 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 6,389 6,389
200 0607315A ENDURING TURBINE ENGINES AND POWER 2,411 2,411
SYSTEMS.
201 0607665A FAMILY OF BIOMETRICS.............. 797 797
202 0607865A PATRIOT PRODUCT IMPROVEMENT....... 177,197 177,197
203 0203728A JOINT AUTOMATED DEEP OPERATION 42,177 42,177
COORDINATION SYSTEM (JADOCS).
204 0203735A COMBAT VEHICLE IMPROVEMENT 146,635 146,635
PROGRAMS.
205 0203743A 155MM SELF-PROPELLED HOWITZER 122,902 122,902
IMPROVEMENTS.
207 0203752A AIRCRAFT ENGINE COMPONENT 146 146
IMPROVEMENT PROGRAM.
208 0203758A DIGITIZATION...................... 1,515 1,515
209 0203801A MISSILE/AIR DEFENSE PRODUCT 4,520 4,520
IMPROVEMENT PROGRAM.
210 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 10,044 10,044
PROGRAMS.
211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 281 281
OPERATIONAL SYSTEM DEV.
212 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 75,952 75,952
SYSTEM (GMLRS).
213 0208053A JOINT TACTICAL GROUND SYSTEM...... 203 203
216 0303028A SECURITY AND INTELLIGENCE 301 301
ACTIVITIES.
217 0303140A INFORMATION SYSTEMS SECURITY 15,323 15,323
PROGRAM.
218 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 13,082 13,082
219 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 26,838 26,838
222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,456 9,456
225 0305219A MQ-1C GRAY EAGLE UAS.............. 6,629 6,629
227 0708045A END ITEM INDUSTRIAL PREPAREDNESS 75,317 75,317
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 8,786 8,786
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,105,748 1,135,748
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
228 0608041A DEFENSIVE CYBER--SOFTWARE 83,570 83,570
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 83,570 83,570
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 15,775,381 15,919,881
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
1 0601103N UNIVERSITY RESEARCH INITIATIVES... 96,355 96,355
2 0601153N DEFENSE RESEARCH SCIENCES......... 540,908 540,908
.................................. SUBTOTAL BASIC RESEARCH........... 637,263 637,263
..................................
.................................. APPLIED RESEARCH
3 0602114N POWER PROJECTION APPLIED RESEARCH. 23,982 23,982
4 0602123N FORCE PROTECTION APPLIED RESEARCH. 142,148 142,148
5 0602131M MARINE CORPS LANDING FORCE 59,208 59,208
TECHNOLOGY.
6 0602235N COMMON PICTURE APPLIED RESEARCH... 52,090 52,090
7 0602236N WARFIGHTER SUSTAINMENT APPLIED 74,722 82,722
RESEARCH.
.................................. Research on foreign malign [8,000]
influence operations.
8 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 92,473 92,473
RESEARCH.
9 0602435N OCEAN WARFIGHTING ENVIRONMENT 80,806 87,806
APPLIED RESEARCH.
.................................. Intelligent Autonomous Systems for [7,000]
Seabed Warfare.
10 0602651M JOINT NON-LETHAL WEAPONS APPLIED 7,419 7,419
RESEARCH.
11 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 61,503 61,503
12 0602750N FUTURE NAVAL CAPABILITIES APPLIED 182,662 182,662
RESEARCH.
13 0602782N MINE AND EXPEDITIONARY WARFARE 30,435 30,435
APPLIED RESEARCH.
14 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 133,828 133,828
APPLIED RESEARCH.
15 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 85,063 85,063
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 1,026,339 1,041,339
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
16 0603123N FORCE PROTECTION ADVANCED 29,512 29,512
TECHNOLOGY.
17 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,418 8,418
TECHNOLOGY.
18 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR 112,329 112,329
RE-ENTRY SYSTEMS.
19 0603640M USMC ADVANCED TECHNOLOGY 308,217 323,217
DEMONSTRATION (ATD).
.................................. Adaptive Future Force............. [5,000]
.................................. Hardware In the Loop capabilities. [5,000]
.................................. Next generation unmanned aerial [5,000]
system distribution platform.
20 0603651M JOINT NON-LETHAL WEAPONS 15,556 15,556
TECHNOLOGY DEVELOPMENT.
21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 264,700 264,700
TECHNOLOGY DEVELOPMENT.
22 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 61,843 61,843
23 0603729N WARFIGHTER PROTECTION ADVANCED 5,100 9,100
TECHNOLOGY.
.................................. Balloon catheter hemorrhage [4,000]
control device.
24 0603758N NAVY WARFIGHTING EXPERIMENTS AND 75,898 75,898
DEMONSTRATIONS.
25 0603782N MINE AND EXPEDITIONARY WARFARE 2,048 2,048
ADVANCED TECHNOLOGY.
26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 132,931 132,931
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,016,552 1,035,552
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
27 0603128N UNMANNED AERIAL SYSTEM............ 108,225 108,225
28 0603178N LARGE UNMANNED SURFACE VEHICLES 117,400 117,400
(LUSV).
29 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 40,653 40,653
30 0603216N AVIATION SURVIVABILITY............ 20,874 20,874
31 0603239N NAVAL CONSTRUCTION FORCES......... 7,821 7,821
32 0603254N ASW SYSTEMS DEVELOPMENT........... 17,090 17,090
[[Page S4087]]
33 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,721 3,721
34 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 6,216 6,216
35 0603502N SURFACE AND SHALLOW WATER MINE 34,690 34,690
COUNTERMEASURES.
36 0603506N SURFACE SHIP TORPEDO DEFENSE...... 730 730
37 0603512N CARRIER SYSTEMS DEVELOPMENT....... 6,095 6,095
38 0603525N PILOT FISH........................ 916,208 916,208
39 0603527N RETRACT LARCH..................... 7,545 7,545
40 0603536N RETRACT JUNIPER................... 271,109 271,109
41 0603542N RADIOLOGICAL CONTROL.............. 811 811
42 0603553N SURFACE ASW....................... 1,189 1,189
43 0603561N ADVANCED SUBMARINE SYSTEM 88,415 88,415
DEVELOPMENT.
44 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 15,119 15,119
45 0603563N SHIP CONCEPT ADVANCED DESIGN...... 89,939 89,939
46 0603564N SHIP PRELIMINARY DESIGN & 121,402 121,402
FEASIBILITY STUDIES.
47 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 319,656 319,656
48 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 133,911 133,911
49 0603576N CHALK EAGLE....................... 116,078 116,078
50 0603581N LITTORAL COMBAT SHIP (LCS)........ 32,615 32,615
51 0603582N COMBAT SYSTEM INTEGRATION......... 18,610 18,610
52 0603595N OHIO REPLACEMENT.................. 257,076 262,076
.................................. Advanced composites for wet [5,000]
submarine applications.
53 0603596N LCS MISSION MODULES............... 31,464 31,464
54 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 10,809 10,809
55 0603599N FRIGATE DEVELOPMENT............... 112,972 112,972
56 0603609N CONVENTIONAL MUNITIONS............ 9,030 9,030
57 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 128,782 128,782
SYSTEM.
58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 44,766 44,766
DEVELOPMENT.
59 0603713N OCEAN ENGINEERING TECHNOLOGY 10,751 10,751
DEVELOPMENT.
60 0603721N ENVIRONMENTAL PROTECTION.......... 24,457 24,457
61 0603724N NAVY ENERGY PROGRAM............... 72,214 72,214
62 0603725N FACILITIES IMPROVEMENT............ 10,149 10,149
63 0603734N CHALK CORAL....................... 687,841 687,841
64 0603739N NAVY LOGISTIC PRODUCTIVITY........ 4,712 4,712
65 0603746N RETRACT MAPLE..................... 420,455 420,455
66 0603748N LINK PLUMERIA..................... 2,100,474 2,100,474
67 0603751N RETRACT ELM....................... 88,036 88,036
68 0603764M LINK EVERGREEN.................... 547,005 547,005
69 0603790N NATO RESEARCH AND DEVELOPMENT..... 6,265 6,265
70 0603795N LAND ATTACK TECHNOLOGY............ 1,624 1,624
71 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 31,058 31,058
72 0603860N JOINT PRECISION APPROACH AND 22,590 22,590
LANDING SYSTEMS--DEM/VAL.
73 0603925N DIRECTED ENERGY AND ELECTRIC 52,129 52,129
WEAPON SYSTEMS.
74 0604014N F/A -18 INFRARED SEARCH AND TRACK 32,127 32,127
(IRST).
75 0604027N DIGITAL WARFARE OFFICE............ 181,001 181,001
76 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 110,506 110,506
VEHICLES.
77 0604029N UNMANNED UNDERSEA VEHICLE CORE 71,156 71,156
TECHNOLOGIES.
78 0604030N RAPID PROTOTYPING, EXPERIMENTATION 214,100 214,100
AND DEMONSTRATION..
79 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 6,900 6,900
80 0604112N GERALD R. FORD CLASS NUCLEAR 118,182 118,182
AIRCRAFT CARRIER (CVN 78--80).
82 0604127N SURFACE MINE COUNTERMEASURES...... 16,127 16,127
83 0604272N TACTICAL AIR DIRECTIONAL INFRARED 34,684 34,684
COUNTERMEASURES (TADIRCM).
84 0604289M NEXT GENERATION LOGISTICS......... 5,991 5,991
85 0604292N FUTURE VERTICAL LIFT (MARITIME 2,100 2,100
STRIKE).
86 0604320M RAPID TECHNOLOGY CAPABILITY 131,763 131,763
PROTOTYPE.
87 0604454N LX (R)............................ 21,319 21,319
88 0604536N ADVANCED UNDERSEA PROTOTYPING..... 104,328 104,328
89 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 11,567 11,567
(C-UAS).
90 0604659N PRECISION STRIKE WEAPONS 5,976 195,976
DEVELOPMENT PROGRAM.
.................................. Nuclear-armed sea-launched cruise [190,000]
missile.
91 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 9,993 9,993
ARCHITECTURE/ENGINEERING SUPPORT.
92 0604786N OFFENSIVE ANTI-SURFACE WARFARE 237,655 237,655
WEAPON DEVELOPMENT.
93 0605512N MEDIUM UNMANNED SURFACE VEHICLES 85,800 85,800
(MUSVS)).
94 0605513N UNMANNED SURFACE VEHICLE ENABLING 176,261 176,261
CAPABILITIES.
95 0605514M GROUND BASED ANTI-SHIP MISSILE.... 36,383 36,383
96 0605516M LONG RANGE FIRES.................. 36,763 36,763
97 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 901,064 901,064
98 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 10,167 10,167
99 0304240M ADVANCED TACTICAL UNMANNED 539 539
AIRCRAFT SYSTEM.
100 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 1,250 1,250
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 9,734,483 9,929,483
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
101 0603208N TRAINING SYSTEM AIRCRAFT.......... 44,120 44,120
102 0604038N MARITIME TARGETING CELL........... 30,922 30,922
103 0604212M OTHER HELO DEVELOPMENT............ 101,209 101,209
104 0604212N OTHER HELO DEVELOPMENT............ 2,604 2,604
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 8,263 8,263
106 0604215N STANDARDS DEVELOPMENT............. 4,039 4,039
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 62,350 62,350
DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM......... 771 771
109 0604230N WARFARE SUPPORT SYSTEM............ 109,485 109,485
110 0604231N COMMAND AND CONTROL SYSTEMS....... 87,457 87,457
[[Page S4088]]
111 0604234N ADVANCED HAWKEYE.................. 399,919 399,919
112 0604245M H-1 UPGRADES...................... 29,766 29,766
113 0604261N ACOUSTIC SEARCH SENSORS........... 51,531 51,531
114 0604262N V-22A............................. 137,597 137,597
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 42,155 42,155
116 0604269N EA-18............................. 172,507 172,507
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 171,384 171,384
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 35,376 35,376
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 40,477 40,477
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 451,397 451,397
(JTRS-NAVY).
121 0604282N NEXT GENERATION JAMMER (NGJ) 250,577 250,577
INCREMENT II.
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 453,311 453,311
ENGINEERING.
124 0604329N SMALL DIAMETER BOMB (SDB)......... 52,211 52,211
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 418,187 418,187
126 0604373N AIRBORNE MCM...................... 11,368 11,368
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 66,445 66,445
COUNTER AIR SYSTEMS ENGINEERING.
128 0604419N ADVANCED SENSORS APPLICATION 0 13,000
PROGRAM (ASAP).
.................................. Program increase.................. [13,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 115,396 115,396
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,435 93,435
131 0604504N AIR CONTROL....................... 42,656 42,656
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,442 10,442
133 0604518N COMBAT INFORMATION CENTER 11,359 11,359
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 90,307 90,307
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 10,658 10,658
136 0604558N NEW DESIGN SSN.................... 234,356 234,356
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 71,516 71,516
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 22,462 22,462
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,279 4,279
140 0604601N MINE DEVELOPMENT.................. 104,731 104,731
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 229,668 229,668
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 9,064 9,064
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 62,329 62,329
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 9,319 9,319
AND HUMAN FACTORS.
145 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 1,964 1,964
146 0604755N SHIP SELF DEFENSE (DETECT & 158,426 158,426
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 47,492 47,492
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 125,206 125,206
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 19,969 19,969
150 0604771N MEDICAL DEVELOPMENT............... 6,061 6,061
151 0604777N NAVIGATION/ID SYSTEM.............. 45,262 45,262
154 0604850N SSN(X)............................ 361,582 361,582
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 22,663 22,663
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 282,138 282,138
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,340 8,340
158 0605180N TACAMO MODERNIZATION.............. 213,743 213,743
159 0605212M CH-53K RDTE....................... 222,288 222,288
160 0605215N MISSION PLANNING.................. 86,448 86,448
161 0605217N COMMON AVIONICS................... 81,076 81,076
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 1,343 1,343
163 0605327N T-AO 205 CLASS.................... 71 71
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 220,404 220,404
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 384 384
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 36,027 36,027
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 132,449 132,449
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 103,236 103,236
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,609 2,609
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 231,778 231,778
171 0301377N COUNTERING ADVANCED CONVENTIONAL 17,531 17,531
WEAPONS (CACW).
172 0304785N ISR & INFO OPERATIONS............. 174,271 174,271
173 0306250M CYBER OPERATIONS TECHNOLOGY 2,068 2,068
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,962,234 6,975,234
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT...... 22,918 22,918
175 0604258N TARGET SYSTEMS DEVELOPMENT........ 18,623 18,623
176 0604759N MAJOR T&E INVESTMENT.............. 74,221 74,221
177 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,229 3,229
178 0605154N CENTER FOR NAVAL ANALYSES......... 45,672 45,672
180 0605804N TECHNICAL INFORMATION SERVICES.... 1,000 1,000
181 0605853N MANAGEMENT, TECHNICAL & 124,328 124,328
INTERNATIONAL SUPPORT.
182 0605856N STRATEGIC TECHNICAL SUPPORT....... 4,053 4,053
183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 203,447 203,447
184 0605864N TEST AND EVALUATION SUPPORT....... 481,975 484,975
.................................. Atlantic Undersea Test and [3,000]
Evaluation Center improvements.
185 0605865N OPERATIONAL TEST AND EVALUATION 29,399 29,399
CAPABILITY.
186 0605866N NAVY SPACE AND ELECTRONIC WARFARE 27,504 27,504
(SEW) SUPPORT.
187 0605867N SEW SURVEILLANCE/RECONNAISSANCE 9,183 9,183
SUPPORT.
188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 34,976 34,976
189 0605898N MANAGEMENT HQ--R&D................ 41,331 41,331
190 0606355N WARFARE INNOVATION MANAGEMENT..... 37,340 37,340
[[Page S4089]]
191 0305327N INSIDER THREAT.................... 2,246 2,246
192 0902498N MANAGEMENT HEADQUARTERS 2,168 2,168
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,163,613 1,166,613
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
196 0604840M F-35 C2D2......................... 544,625 544,625
197 0604840N F-35 C2D2......................... 543,834 543,834
198 0605520M MARINE CORPS AIR DEFENSE WEAPONS 99,860 99,860
SYSTEMS.
199 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 153,440 153,440
(CEC).
200 0101221N STRATEGIC SUB & WEAPONS SYSTEM 321,648 331,648
SUPPORT.
.................................. Fleet Ballistic Missile Strategic [10,000]
Weapon System.
201 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 62,694 62,694
202 0101226N SUBMARINE ACOUSTIC WARFARE 92,869 92,869
DEVELOPMENT.
203 0101402N NAVY STRATEGIC COMMUNICATIONS..... 51,919 51,919
204 0204136N F/A-18 SQUADRONS.................. 333,783 333,783
205 0204228N SURFACE SUPPORT................... 8,619 8,619
206 0204229N TOMAHAWK AND TOMAHAWK MISSION 122,834 122,834
PLANNING CENTER (TMPC).
207 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 76,279 76,279
208 0204313N SHIP-TOWED ARRAY SURVEILLANCE 1,103 1,103
SYSTEMS.
209 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,991 1,991
(DISPLACEMENT CRAFT).
210 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 92,674 92,674
ATOR).
211 0204571N CONSOLIDATED TRAINING SYSTEMS 115,894 115,894
DEVELOPMENT.
212 0204575N ELECTRONIC WARFARE (EW) READINESS 61,677 61,677
SUPPORT.
213 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 59,555 59,555
214 0205620N SURFACE ASW COMBAT SYSTEM 29,973 29,973
INTEGRATION.
215 0205632N MK-48 ADCAP....................... 213,165 213,165
216 0205633N AVIATION IMPROVEMENTS............. 143,277 143,277
217 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 152,546 152,546
218 0206313M MARINE CORPS COMMUNICATIONS 192,625 192,625
SYSTEMS.
219 0206335M COMMON AVIATION COMMAND AND 12,565 12,565
CONTROL SYSTEM (CAC2S).
220 0206623M MARINE CORPS GROUND COMBAT/ 83,900 83,900
SUPPORTING ARMS SYSTEMS.
221 0206624M MARINE CORPS COMBAT SERVICES 27,794 27,794
SUPPORT.
222 0206625M USMC INTELLIGENCE/ELECTRONIC 47,762 47,762
WARFARE SYSTEMS (MIP).
223 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 373 373
224 0207161N TACTICAL AIM MISSILES............. 36,439 36,439
225 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 29,198 29,198
MISSILE (AMRAAM).
226 0208043N PLANNING AND DECISION AID SYSTEM 3,565 3,565
(PDAS).
230 0303138N AFLOAT NETWORKS................... 49,995 49,995
231 0303140N INFORMATION SYSTEMS SECURITY 33,390 33,390
PROGRAM.
232 0305192N MILITARY INTELLIGENCE PROGRAM 7,304 7,304
(MIP) ACTIVITIES.
233 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 11,235 11,235
234 0305205N UAS INTEGRATION AND 16,409 16,409
INTEROPERABILITY.
235 0305208M DISTRIBUTED COMMON GROUND/SURFACE 51,192 51,192
SYSTEMS.
236 0305220N MQ-4C TRITON...................... 12,094 12,094
237 0305231N MQ-8 UAV.......................... 29,700 29,700
238 0305232M RQ-11 UAV......................... 2,107 2,107
239 0305234N SMALL (LEVEL 0) TACTICAL UAS 2,999 2,999
(STUASL0).
240 0305241N MULTI-INTELLIGENCE SENSOR 49,460 49,460
DEVELOPMENT.
241 0305242M UNMANNED AERIAL SYSTEMS (UAS) 13,005 13,005
PAYLOADS (MIP).
242 0305251N CYBERSPACE OPERATIONS FORCES AND 2,000 2,000
FORCE SUPPORT.
243 0305421N RQ-4 MODERNIZATION................ 300,378 300,378
244 0307577N INTELLIGENCE MISSION DATA (IMD)... 788 788
245 0308601N MODELING AND SIMULATION SUPPORT... 10,994 10,994
246 0702207N DEPOT MAINTENANCE (NON-IF)........ 23,248 23,248
247 0708730N MARITIME TECHNOLOGY (MARITECH).... 3,284 3,284
9999 9999999999 CLASSIFIED PROGRAMS............... 2,021,376 2,021,376
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,359,438 6,369,438
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
249 0608013N RISK MANAGEMENT INFORMATION-- 11,748 11,748
SOFTWARE PILOT PROGRAM.
250 0608231N MARITIME TACTICAL COMMAND AND 10,555 10,555
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 22,303 22,303
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 26,922,225 27,177,225
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
1 0601102F DEFENSE RESEARCH SCIENCES......... 401,486 401,486
2 0601103F UNIVERSITY RESEARCH INITIATIVES... 182,372 182,372
.................................. SUBTOTAL BASIC RESEARCH........... 583,858 583,858
..................................
.................................. APPLIED RESEARCH
3 0602020F FUTURE AF CAPABILITIES APPLIED 90,713 90,713
RESEARCH.
4 0602022F UNIVERSITY AFFILIATED RESEARCH 8,018 8,018
CENTER (UARC)--TACTICAL AUTONOMY.
5 0602102F MATERIALS......................... 142,325 151,325
.................................. Advanced materials science for [9,000]
manufacturing research.
6 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 161,268 161,268
7 0602202F HUMAN EFFECTIVENESS APPLIED 146,921 146,921
RESEARCH.
8 0602203F AEROSPACE PROPULSION.............. 184,867 184,867
9 0602204F AEROSPACE SENSORS................. 216,269 216,269
11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 10,303 10,303
MAJOR HEADQUARTERS ACTIVITIES.
12 0602602F CONVENTIONAL MUNITIONS............ 160,599 160,599
[[Page S4090]]
13 0602605F DIRECTED ENERGY TECHNOLOGY........ 129,961 118,452
.................................. DAF requested realignment of funds [-11,509]
to 6601SF.
14 0602788F DOMINANT INFORMATION SCIENCES AND 182,076 220,076
METHODS.
.................................. Distributed quantum information [5,000]
sciences networking testbed.
.................................. Future Flag experimentation [15,000]
testbed.
.................................. Ion trapped quantum information [8,000]
sciences computer.
.................................. Multi-domain radio frequency [5,000]
spectrum testing environment.
.................................. Secure interference-avoiding [5,000]
connectivity of autonomous
artificially intelligent machines.
.................................. SUBTOTAL APPLIED RESEARCH......... 1,433,320 1,468,811
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
15 0603032F FUTURE AF INTEGRATED TECHNOLOGY 255,855 213,655
DEMOS.
.................................. Program reduction................. [-42,200]
16 0603112F ADVANCED MATERIALS FOR WEAPON 30,372 30,372
SYSTEMS.
17 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 10,478 10,478
(S&T).
18 0603203F ADVANCED AEROSPACE SENSORS........ 48,046 48,046
19 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 51,896 61,896
.................................. Semiautonomous adversary air [10,000]
platform.
20 0603216F AEROSPACE PROPULSION AND POWER 56,789 56,789
TECHNOLOGY.
21 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 32,510 32,510
22 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR 70,321 70,321
RE-ENTRY SYSTEMS.
23 0603444F MAUI SPACE SURVEILLANCE SYSTEM 2 2
(MSSS).
24 0603456F HUMAN EFFECTIVENESS ADVANCED 15,593 15,593
TECHNOLOGY DEVELOPMENT.
25 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 132,311 132,311
26 0603605F ADVANCED WEAPONS TECHNOLOGY....... 102,997 102,997
27 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 44,422 49,422
.................................. Additive manufacturing for [5,000]
aerospace parts.
28 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 37,779 37,779
AND DEMONSTRATION.
29 0207412F CONTROL AND REPORTING CENTER (CRC) 2,005 2,005
.................................. SUBTOTAL ADVANCED TECHNOLOGY 891,376 864,176
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
30 0603036F MODULAR ADVANCED MISSILE.......... 105,238 105,238
31 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 6,237 6,237
32 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 21,298 21,298
33 0603790F NATO RESEARCH AND DEVELOPMENT..... 2,208 2,208
34 0603851F INTERCONTINENTAL BALLISTIC 45,319 75,319
MISSILE--DEM/VAL.
.................................. Enhanced ICBM guidance capability [30,000]
and testing.
35 0604001F NC3 ADVANCED CONCEPTS............. 10,011 10,011
37 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 500,575 500,575
(ABMS).
38 0604004F ADVANCED ENGINE DEVELOPMENT....... 595,352 595,352
39 0604005F NC3 COMMERCIAL DEVELOPMENT & 78,799 78,799
PROTOTYPING.
40 0604006F DEPT OF THE AIR FORCE TECH 2,620 0
ARCHITECTURE.
.................................. DAF requested realignment of funds [-2,620]
to 64858F.
41 0604007F E-7............................... 681,039 681,039
42 0604009F AFWERX PRIME...................... 83,336 83,336
43 0604015F LONG RANGE STRIKE--BOMBER......... 2,984,143 2,984,143
44 0604025F RAPID DEFENSE EXPERIMENTATION 154,300 154,300
RESERVE (RDER).
45 0604032F DIRECTED ENERGY PROTOTYPING....... 1,246 1,246
46 0604033F HYPERSONICS PROTOTYPING........... 150,340 0
.................................. Air-Launched Rapid Response Weapon [-150,340]
reduction.
47 0604183F HYPERSONICS PROTOTYPING-- 381,528 381,528
HYPERSONIC ATTACK CRUISE MISSILE
(HACM).
48 0604201F PNT RESILIENCY, MODS, AND 18,041 18,041
IMPROVEMENTS.
49 0604257F ADVANCED TECHNOLOGY AND SENSORS... 27,650 27,650
50 0604288F SURVIVABLE AIRBORNE OPERATIONS 888,829 888,829
CENTER (SAOC).
51 0604317F TECHNOLOGY TRANSFER............... 26,638 26,638
52 0604327F HARD AND DEEPLY BURIED TARGET 19,266 19,266
DEFEAT SYSTEM (HDBTDS) PROGRAM.
53 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 37,121 37,121
ACS.
55 0604668F JOINT TRANSPORTATION MANAGEMENT 37,026 37,026
SYSTEM (JTMS).
56 0604776F DEPLOYMENT & DISTRIBUTION 31,833 31,833
ENTERPRISE R&D.
57 0604858F TECH TRANSITION PROGRAM........... 210,806 235,476
.................................. DAF requested realignment of funds [17,550]
from OMAF SAG 11R.
.................................. DAF requested realignment of funds [4,500]
from OMAF SAG 11Z.
.................................. DAF requested realignment of funds [2,620]
from RDAF 64006F.
58 0604860F OPERATIONAL ENERGY AND 46,305 46,305
INSTALLATION RESILIENCE.
59 0605164F AIR REFUELING CAPABILITY 19,400 19,400
MODERNIZATION.
61 0207110F NEXT GENERATION AIR DOMINANCE..... 2,326,128 2,326,128
62 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 118,826 101,013
.................................. DAF requested realignment of funds [-17,813]
63 0207420F COMBAT IDENTIFICATION............. 1,902 1,902
64 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 19,763 19,763
(3DELRR).
65 0207522F AIRBASE AIR DEFENSE SYSTEMS 78,867 78,867
(ABADS).
66 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 8,175 8,175
68 0305236F COMMON DATA LINK EXECUTIVE AGENT 25,157 25,157
(CDL EA).
69 0305601F MISSION PARTNER ENVIRONMENTS...... 17,727 17,727
72 0708051F RAPID SUSTAINMENT MODERNIZATION 43,431 43,431
(RSM).
73 0808737F INTEGRATED PRIMARY PREVENTION..... 9,364 9,364
74 0901410F CONTRACTING INFORMATION TECHNOLOGY 28,294 28,294
SYSTEM.
75 1206415F U.S. SPACE COMMAND RESEARCH AND 14,892 14,892
DEVELOPMENT SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 9,859,030 9,742,927
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
[[Page S4091]]
76 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 9,757 9,757
PROGRAMS.
77 0604201F PNT RESILIENCY, MODS, AND 163,156 163,156
IMPROVEMENTS.
78 0604222F NUCLEAR WEAPONS SUPPORT........... 45,884 45,884
79 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 13,804 13,804
80 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 74,023 79,023
.................................. DAF requested realignment of funds [5,000]
81 0604287F PHYSICAL SECURITY EQUIPMENT....... 10,605 10,605
82 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 5,918 5,918
83 0604604F SUBMUNITIONS...................... 3,345 3,345
84 0604617F AGILE COMBAT SUPPORT.............. 21,967 21,967
85 0604706F LIFE SUPPORT SYSTEMS.............. 39,301 39,301
86 0604735F COMBAT TRAINING RANGES............ 152,569 152,569
87 0604932F LONG RANGE STANDOFF WEAPON........ 911,406 891,406
.................................. DAF realignment of funds.......... [-20,000]
88 0604933F ICBM FUZE MODERNIZATION........... 71,732 71,732
89 0605030F JOINT TACTICAL NETWORK CENTER 2,256 2,256
(JTNC).
90 0605031F JOINT TACTICAL NETWORK (JTN)...... 452 452
91 0605056F OPEN ARCHITECTURE MANAGEMENT...... 36,582 36,582
92 0605057F NEXT GENERATION AIR-REFUELING 7,928 7,928
SYSTEM.
93 0605223F ADVANCED PILOT TRAINING........... 77,252 77,252
94 0605229F HH-60W............................ 48,268 48,268
95 0605238F GROUND BASED STRATEGIC DETERRENT 3,746,935 3,739,285
EMD.
.................................. DAF requested realignment of funds [-7,650]
96 0207171F F-15 EPAWSS....................... 13,982 13,982
97 0207279F ISOLATED PERSONNEL SURVIVABILITY 56,225 56,225
AND RECOVERY.
98 0207328F STAND IN ATTACK WEAPON............ 298,585 298,585
99 0207701F FULL COMBAT MISSION TRAINING...... 7,597 7,597
100 0208036F MEDICAL C-CBRNE PROGRAMS.......... 2,006 2,006
102 0305205F ENDURANCE UNMANNED AERIAL VEHICLES 30,000 30,000
103 0401221F KC-46A TANKER SQUADRONS........... 124,662 124,662
104 0401319F VC-25B............................ 490,701 470,701
.................................. 5G interference mitigation for [30,000]
critical aircraft navigation and
sensor systems on the
Presidential Aircraft Fleet.
.................................. Program reduction................. [-50,000]
105 0701212F AUTOMATED TEST SYSTEMS............ 12,911 12,911
106 0804772F TRAINING DEVELOPMENTS............. 1,922 1,922
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,481,731 6,439,081
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
107 0604256F THREAT SIMULATOR DEVELOPMENT...... 16,626 16,626
108 0604759F MAJOR T&E INVESTMENT.............. 31,143 31,143
109 0605101F RAND PROJECT AIR FORCE............ 38,398 38,398
110 0605502F SMALL BUSINESS INNOVATION RESEARCH 1,466 1,466
111 0605712F INITIAL OPERATIONAL TEST & 13,736 13,736
EVALUATION.
112 0605807F TEST AND EVALUATION SUPPORT....... 913,213 946,026
.................................. DAF requested realignment of funds [32,813]
113 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 317,901 317,901
SYS.
114 0605828F ACQ WORKFORCE- GLOBAL REACH....... 541,677 541,677
115 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 551,213 536,513
BUS SYS.
.................................. DAF requested realignment of funds [-14,700]
117 0605831F ACQ WORKFORCE- CAPABILITY 243,780 273,780
INTEGRATION.
.................................. DAF requested realignment of funds [30,000]
118 0605832F ACQ WORKFORCE- ADVANCED PRGM 109,030 77,030
TECHNOLOGY.
.................................. DAF requested realignment of funds [-32,000]
119 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 336,788 336,788
120 0605898F MANAGEMENT HQ--R&D................ 5,005 6,705
.................................. DAF requested realignment of funds [1,700]
121 0605976F FACILITIES RESTORATION AND 87,889 87,889
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
122 0605978F FACILITIES SUSTAINMENT--TEST AND 35,065 35,065
EVALUATION SUPPORT.
123 0606017F REQUIREMENTS ANALYSIS AND 89,956 89,956
MATURATION.
124 0606398F MANAGEMENT HQ--T&E................ 7,453 7,453
126 0303255F COMMAND, CONTROL, COMMUNICATION, 20,871 40,871
AND COMPUTERS (C4)--STRATCOM.
.................................. NC3 network sensor demonstration.. [10,000]
.................................. NC3 Rapid Engineering Architecture [10,000]
Collaboration Hub (REACH).
127 0308602F ENTEPRISE INFORMATION SERVICES 100,357 100,357
(EIS).
128 0702806F ACQUISITION AND MANAGEMENT SUPPORT 20,478 20,478
129 0804731F GENERAL SKILL TRAINING............ 796 6,796
.................................. Security Work Readiness for Duty.. [6,000]
132 1001004F INTERNATIONAL ACTIVITIES.......... 3,917 3,917
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,486,758 3,530,571
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
134 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 41,464 41,464
TRAINING.
135 0604283F BATTLE MGMT COM & CTRL SENSOR 40,000 40,000
DEVELOPMENT.
136 0604445F WIDE AREA SURVEILLANCE............ 8,018 8,018
137 0604617F AGILE COMBAT SUPPORT.............. 5,645 5,645
139 0604840F F-35 C2D2......................... 1,275,268 1,270,268
.................................. DAF requested realignment of funds [-5,000]
140 0605018F AF INTEGRATED PERSONNEL AND PAY 40,203 40,203
SYSTEM (AF-IPPS).
141 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 49,613 49,613
AGENCY.
142 0605117F FOREIGN MATERIEL ACQUISITION AND 93,881 93,881
EXPLOITATION.
143 0605278F HC/MC-130 RECAP RDT&E............. 36,536 36,536
[[Page S4092]]
144 0606018F NC3 INTEGRATION................... 22,910 22,910
145 0101113F B-52 SQUADRONS.................... 950,815 964,832
.................................. DAF requested realignment of funds [14,017]
146 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 290 290
147 0101126F B-1B SQUADRONS.................... 12,619 12,619
148 0101127F B-2 SQUADRONS..................... 87,623 87,623
149 0101213F MINUTEMAN SQUADRONS............... 33,237 33,237
150 0101316F WORLDWIDE JOINT STRATEGIC 24,653 24,653
COMMUNICATIONS.
151 0101318F SERVICE SUPPORT TO STRATCOM-- 7,562 7,562
GLOBAL STRIKE.
153 0101328F ICBM REENTRY VEHICLES............. 475,415 475,415
155 0102110F MH-139A........................... 25,737 25,737
156 0102326F REGION/SECTOR OPERATION CONTROL 831 831
CENTER MODERNIZATION PROGRAM.
157 0102412F NORTH WARNING SYSTEM (NWS)........ 102 102
158 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 428,754 428,754
159 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 15,498 19,498
GENERAL.
.................................. DAF requested realignment of funds [4,000]
160 0205219F MQ-9 UAV.......................... 81,123 81,123
161 0205671F JOINT COUNTER RCIED ELECTRONIC 2,303 2,303
WARFARE.
162 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 7,312 7,312
EQUIPMENT.
164 0207133F F-16 SQUADRONS.................... 98,633 98,633
165 0207134F F-15E SQUADRONS................... 50,965 50,965
166 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 16,543 16,543
167 0207138F F-22A SQUADRONS................... 725,889 725,889
168 0207142F F-35 SQUADRONS.................... 97,231 97,231
169 0207146F F-15EX............................ 100,006 100,006
170 0207161F TACTICAL AIM MISSILES............. 41,958 41,958
171 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 53,679 53,679
MISSILE (AMRAAM).
172 0207227F COMBAT RESCUE--PARARESCUE......... 726 726
173 0207238F E-11A............................. 64,888 64,888
174 0207247F AF TENCAP......................... 25,749 25,749
175 0207249F PRECISION ATTACK SYSTEMS 11,872 11,872
PROCUREMENT.
176 0207253F COMPASS CALL...................... 66,932 66,932
177 0207268F AIRCRAFT ENGINE COMPONENT 55,223 55,223
IMPROVEMENT PROGRAM.
178 0207325F JOINT AIR-TO-SURFACE STANDOFF 132,937 132,937
MISSILE (JASSM).
179 0207327F SMALL DIAMETER BOMB (SDB)......... 37,518 37,518
180 0207410F AIR & SPACE OPERATIONS CENTER 72,059 72,059
(AOC).
181 0207412F CONTROL AND REPORTING CENTER (CRC) 17,498 17,498
183 0207418F AFSPECWAR--TACP................... 2,106 2,106
185 0207431F COMBAT AIR INTELLIGENCE SYSTEM 72,010 72,010
ACTIVITIES.
186 0207438F THEATER BATTLE MANAGEMENT (TBM) 6,467 6,467
C4I.
187 0207439F ELECTRONIC WARFARE INTEGRATED 10,388 10,388
REPROGRAMMING (EWIR).
188 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 10,060 10,060
189 0207452F DCAPES............................ 8,233 8,233
190 0207521F AIR FORCE CALIBRATION PROGRAMS.... 2,172 2,172
192 0207573F NATIONAL TECHNICAL NUCLEAR 2,049 2,049
FORENSICS.
193 0207590F SEEK EAGLE........................ 33,478 33,478
195 0207605F WARGAMING AND SIMULATION CENTERS.. 11,894 11,894
197 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,811 3,811
198 0208006F MISSION PLANNING SYSTEMS.......... 96,272 96,272
199 0208007F TACTICAL DECEPTION................ 26,533 26,533
201 0208087F DISTRIBUTED CYBER WARFARE 50,122 50,122
OPERATIONS.
202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 113,064 113,064
208 0208288F INTEL DATA APPLICATIONS........... 967 967
209 0301025F GEOBASE........................... 1,514 1,514
211 0301113F CYBER SECURITY INTELLIGENCE 8,476 8,476
SUPPORT.
218 0301401F AF MULTI-DOMAIN NON-TRADITIONAL 2,890 3,390
ISR BATTLESPACE AWARENESS.
.................................. Military Cyber Cooperation [500]
Activities with the Kingdom of
Jordan.
219 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 39,868 39,868
CENTER (NAOC).
220 0303004F EIT CONNECT....................... 32,900 32,900
221 0303089F CYBERSPACE OPERATIONS SYSTEMS..... 4,881 4,881
222 0303131F MINIMUM ESSENTIAL EMERGENCY 33,567 33,567
COMMUNICATIONS NETWORK (MEECN).
223 0303133F HIGH FREQUENCY RADIO SYSTEMS...... 40,000 40,000
224 0303140F INFORMATION SYSTEMS SECURITY 95,523 95,523
PROGRAM.
226 0303248F ALL DOMAIN COMMON PLATFORM........ 71,296 71,296
227 0303260F JOINT MILITARY DECEPTION 4,682 4,682
INITIATIVE.
228 0304100F STRATEGIC MISSION PLANNING & 64,944 64,944
EXECUTION SYSTEM (SMPES).
230 0304260F AIRBORNE SIGINT ENTERPRISE........ 108,947 108,947
231 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,635 4,635
234 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 13,751 13,751
SERVICES.
235 0305020F CCMD INTELLIGENCE INFORMATION 1,660 1,660
TECHNOLOGY.
236 0305022F ISR MODERNIZATION & AUTOMATION 18,680 18,680
DVMT (IMAD).
237 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 5,031 5,031
(GATM).
238 0305103F CYBER SECURITY INITIATIVE......... 301 301
239 0305111F WEATHER SERVICE................... 26,329 35,329
.................................. Weather service data migration.... [9,000]
240 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,751 8,751
LANDING SYSTEM (ATCALS).
241 0305116F AERIAL TARGETS.................... 6,915 6,915
244 0305128F SECURITY AND INVESTIGATIVE 352 352
ACTIVITIES.
245 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 6,930 6,930
ACTIVITIES.
246 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,588 21,588
247 0305202F DRAGON U-2........................ 16,842 16,842
248 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 43,158 43,158
[[Page S4093]]
249 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,330 14,330
250 0305208F DISTRIBUTED COMMON GROUND/SURFACE 88,854 88,854
SYSTEMS.
251 0305220F RQ-4 UAV.......................... 1,242 1,242
252 0305221F NETWORK-CENTRIC COLLABORATIVE 12,496 12,496
TARGETING.
253 0305238F NATO AGS.......................... 2 2
254 0305240F SUPPORT TO DCGS ENTERPRISE........ 31,589 31,589
255 0305600F INTERNATIONAL INTELLIGENCE 15,322 15,322
TECHNOLOGY AND ARCHITECTURES.
256 0305881F RAPID CYBER ACQUISITION........... 8,830 8,830
257 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,764 2,764
(PRC2).
258 0307577F INTELLIGENCE MISSION DATA (IMD)... 7,090 7,090
259 0401115F C-130 AIRLIFT SQUADRON............ 5,427 5,427
260 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 29,502 29,502
261 0401130F C-17 AIRCRAFT (IF)................ 2,753 2,753
262 0401132F C-130J PROGRAM.................... 19,100 19,100
263 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,982 5,982
(LAIRCM).
264 0401218F KC-135S........................... 51,105 51,105
265 0401318F CV-22............................. 18,127 18,127
266 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 9,198 9,198
268 0708610F LOGISTICS INFORMATION TECHNOLOGY 17,520 17,520
(LOGIT).
269 0801380F AF LVC OPERATIONAL TRAINING (LVC- 25,144 25,144
OT).
270 0804743F OTHER FLIGHT TRAINING............. 2,265 2,265
272 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,266 2,266
273 0901218F CIVILIAN COMPENSATION PROGRAM..... 4,006 4,006
274 0901220F PERSONNEL ADMINISTRATION.......... 3,078 3,078
275 0901226F AIR FORCE STUDIES AND ANALYSIS 5,309 5,309
AGENCY.
276 0901538F FINANCIAL MANAGEMENT INFORMATION 4,279 4,279
SYSTEMS DEVELOPMENT.
277 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 45,925 45,925
SYS (DEAMS).
278 1202140F SERVICE SUPPORT TO SPACECOM 9,778 9,778
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 16,814,245 16,814,245
.................................. SUBTOTAL OPERATIONAL SYSTEMS 23,829,283 23,851,800
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 46,565,356 46,481,224
& EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, SF
.................................. APPLIED RESEARCH
4 1206601SF SPACE TECHNOLOGY.................. 206,196 350,663
.................................. Advanced analog microelectronics.. [8,600]
.................................. Advanced isotope power systems.... [5,000]
.................................. DAF requested realignment of funds [84,397]
.................................. Ground-based interferometry....... [16,000]
.................................. Lunar surface-based domain [5,000]
awareness.
.................................. Solar cruiser..................... [10,000]
.................................. Space modeling, simulation, and [15,470]
analysis hub.
.................................. SUBTOTAL APPLIED RESEARCH......... 206,196 350,663
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
5 1206310SF SPACE SCIENCE AND TECHNOLOGY 472,493 477,493
RESEARCH AND DEVELOPMENT.
.................................. Human performance optimization.... [5,000]
6 1206616SF SPACE ADVANCED TECHNOLOGY 110,033 158,033
DEVELOPMENT/DEMO.
.................................. DAF requested realignment of funds [40,000]
.................................. Modular multi-mode propulsion [8,000]
system.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 582,526 635,526
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
7 0604002SF SPACE FORCE WEATHER SERVICES 849 849
RESEARCH.
8 1203010SF SPACE FORCE IT, DATA ANALYTICS, 61,723 61,723
DIGITAL SOLUTIONS.
9 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 353,807 353,807
(USER EQUIPMENT) (SPACE).
10 1203622SF SPACE WARFIGHTING ANALYSIS........ 95,541 95,541
11 1203710SF EO/IR WEATHER SYSTEMS............. 95,615 112,115
.................................. Weather satellite risk reduction.. [16,500]
13 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND 2,081,307 2,081,307
PROTOTYPING.
16 1206427SF SPACE SYSTEMS PROTOTYPE 145,948 105,948
TRANSITIONS (SSPT).
.................................. DAF requested realignment of funds [-40,000]
to 6616SF.
17 1206438SF SPACE CONTROL TECHNOLOGY.......... 58,374 58,374
18 1206458SF TECH TRANSITION (SPACE)........... 164,649 179,649
.................................. Encouraging the establishment of [15,000]
the outernet.
19 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,784 59,784
20 1206760SF PROTECTED TACTICAL ENTERPRISE 76,554 76,554
SERVICE (PTES).
21 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 360,126 360,126
22 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 632,833 632,833
23 1206857SF SPACE RAPID CAPABILITIES OFFICE... 12,036 12,036
24 1206862SF TACTICALLY RESPONSE SPACE......... 30,000 30,000
.................................. SUBTOTAL ADVANCED COMPONENT 4,229,146 4,220,646
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
25 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 308,999 308,999
27 1206421SF COUNTERSPACE SYSTEMS.............. 36,537 36,537
28 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 79,727 79,727
29 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 372,827 372,827
30 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 4,068 4,068
31 1206432SF POLAR MILSATCOM (SPACE)........... 73,757 73,757
32 1206433SF WIDEBAND GLOBAL SATCOM (SPACE).... 49,445 49,445
[[Page S4094]]
33 1206440SF NEXT-GEN OPIR--GROUND............. 661,367 661,367
34 1206442SF NEXT GENERATION OPIR.............. 222,178 222,178
35 1206443SF NEXT-GEN OPIR--GEO................ 719,731 719,731
36 1206444SF NEXT-GEN OPIR--POLAR.............. 1,013,478 1,013,478
37 1206445SF COMMERCIAL SATCOM (COMSATCOM) 73,501 73,501
INTEGRATION.
38 1206446SF RESILIENT MISSILE WARNING MISSILE 1,266,437 1,519,222
TRACKING--LOW EARTH ORBIT (LEO).
.................................. DAF requested realignment of funds [252,785]
39 1206447SF RESILIENT MISSILE WARNING MISSILE 538,208 790,992
TRACKING--MEDIUM EARTH ORBIT
(MEO).
.................................. DAF requested realignment of funds [252,784]
40 1206448SF RESILIENT MISSILE WARNING MISSILE 505,569 0
TRACKING--INTEGRATED GROUND
SEGMENT.
.................................. DAF requested realignment of funds [-252,785]
to 6446SF.
.................................. DAF requested realignment of funds [-252,784]
to 6447SF.
41 1206853SF NATIONAL SECURITY SPACE LAUNCH 82,188 82,188
PROGRAM (SPACE)--EMD.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,008,017 6,008,017
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
43 1203622SF SPACE WARFIGHTING ANALYSIS........ 3,568 3,568
46 1206392SF ACQ WORKFORCE--SPACE & MISSILE 258,969 276,500
SYSTEMS.
.................................. DAF requested realignment of funds [17,531]
47 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 13,694 15,053
MHA.
.................................. DAF requested realignment of funds [1,359]
48 1206601SF SPACE TECHNOLOGY.................. 91,778 0
.................................. DAF requested realignment of funds [-91,778]
49 1206759SF MAJOR T&E INVESTMENT--SPACE....... 146,797 146,797
50 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 18,023 18,023
(SPACE).
52 1206864SF SPACE TEST PROGRAM (STP).......... 30,192 30,192
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 563,021 490,133
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
55 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 91,369 91,369
(FAB-T).
56 1203040SF DCO-SPACE......................... 76,003 76,003
57 1203109SF NARROWBAND SATELLITE 230,785 230,785
COMMUNICATIONS.
58 1203110SF SATELLITE CONTROL NETWORK (SPACE). 86,465 86,465
59 1203154SF LONG RANGE KILL CHAINS............ 243,036 243,036
61 1203173SF SPACE AND MISSILE TEST AND 22,039 22,039
EVALUATION CENTER.
62 1203174SF SPACE INNOVATION, INTEGRATION AND 41,483 41,483
RAPID TECHNOLOGY DEVELOPMENT.
63 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,175 11,175
65 1203330SF SPACE SUPERIORITY ISR............. 28,730 28,730
67 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 20,752 28,752
.................................. Perimeter Acquisition Radar Attack [8,000]
Characterization System (PARCS)
radar.
68 1203906SF NCMC--TW/AA SYSTEM................ 25,545 25,545
69 1203913SF NUDET DETECTION SYSTEM (SPACE).... 93,391 93,391
70 1203940SF SPACE SITUATION AWARENESS 264,966 264,966
OPERATIONS.
71 1206423SF GLOBAL POSITIONING SYSTEM III-- 317,309 317,309
OPERATIONAL CONTROL SEGMENT.
75 1206770SF ENTERPRISE GROUND SERVICES........ 155,825 155,825
76 1208053SF JOINT TACTICAL GROUND SYSTEM...... 14,568 14,568
9999 9999999999 CLASSIFIED PROGRAMS............... 5,764,667 6,225,367
.................................. Space Force realignment of funds [270,000]
for classified program.
.................................. Space Force Unfunded Priorities [83,000]
List Classified Program B.
.................................. Space Force Unfunded Priorities [53,000]
List Classified Program C.
.................................. Space Force Unfunded Priorities [54,700]
List Classified Program D.
.................................. SUBTOTAL OPERATIONAL SYSTEMS 7,488,108 7,956,808
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
78 1208248SF SPACE COMMAND & CONTROL--SOFTWARE 122,326 122,326
PILOT PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 122,326 122,326
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 19,199,340 19,784,119
& EVAL, SF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
1 0601000BR DTRA BASIC RESEARCH............... 14,761 14,761
2 0601101E DEFENSE RESEARCH SCIENCES......... 311,531 311,531
3 0601108D8Z HIGH ENERGY LASER RESEARCH 16,329 16,329
INITIATIVES.
4 0601110D8Z BASIC RESEARCH INITIATIVES........ 71,783 96,783
.................................. Defense Established Program to [25,000]
Stimulate Competitive Research
(DEPSCoR).
5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 50,430 50,430
SCIENCE.
6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 159,549 169,549
.................................. Enhanced civics education program. [10,000]
7 0601228D8Z HISTORICALLY BLACK COLLEGES AND 100,467 100,467
UNIVERSITIES/MINORITY
INSTITUTIONS.
8 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 36,235 36,235
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 761,085 796,085
..................................
.................................. APPLIED RESEARCH
9 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,157 19,157
10 0602115E BIOMEDICAL TECHNOLOGY............. 141,081 141,081
11 0602128D8Z PROMOTION AND PROTECTION 3,219 3,219
STRATEGIES.
12 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 55,160 55,160
13 0602234D8Z LINCOLN LABORATORY RESEARCH 46,858 46,858
PROGRAM.
14 0602251D8Z APPLIED RESEARCH FOR THE 66,866 66,866
ADVANCEMENT OF S&T PRIORITIES.
15 0602303E INFORMATION & COMMUNICATIONS 333,029 333,029
TECHNOLOGY.
17 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 240,610 240,610
PROGRAM.
[[Page S4095]]
18 0602668D8Z CYBER SECURITY RESEARCH........... 17,437 20,437
.................................. Semiconductor industry [3,000]
cybersecurity research.
19 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL 4,718 4,718
SECURITY.
20 0602702E TACTICAL TECHNOLOGY............... 234,549 234,549
21 0602715E MATERIALS AND BIOLOGICAL 344,986 344,986
TECHNOLOGY.
22 0602716E ELECTRONICS TECHNOLOGY............ 572,662 572,662
23 0602718BR COUNTER WEAPONS OF MASS 208,870 208,870
DESTRUCTION APPLIED RESEARCH.
24 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 11,168 11,168
(SEI) APPLIED RESEARCH.
25 0602890D8Z HIGH ENERGY LASER RESEARCH........ 48,804 48,804
26 0602891D8Z FSRM MODELLING.................... 2,000 2,000
27 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 52,287 52,287
.................................. SUBTOTAL APPLIED RESEARCH......... 2,403,461 2,406,461
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
28 0603000D8Z JOINT MUNITIONS ADVANCED 37,706 37,706
TECHNOLOGY.
29 0603021D8Z NATIONAL SECURITY INNOVATION 15,085 15,085
CAPITAL.
30 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 30,102 30,102
31 0603122D8Z COMBATING TERRORISM TECHNOLOGY 75,593 105,593
SUPPORT.
.................................. Loitering munition development.... [5,000]
.................................. U.S.-Israel defense collaboration [25,000]
on emerging technologies.
32 0603133D8Z FOREIGN COMPARATIVE TESTING....... 27,078 27,078
33 0603160BR COUNTER WEAPONS OF MASS 400,947 405,947
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Advanced manufacturing of [5,000]
energetic materials.
34 0603176BR ADVANCED CONCEPTS AND PERFORMANCE 7,990 7,990
ASSESSMENT.
35 0603176C ADVANCED CONCEPTS AND PERFORMANCE 17,825 17,825
ASSESSMENT.
36 0603180C ADVANCED RESEARCH................. 21,461 21,461
37 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 52,292 52,292
DEVELOPMENT &TRANSITION.
38 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 19,567 19,567
DEVELOPMENT.
39 0603260BR INTELLIGENCE ADVANCED DEVELOPMENT. 10,000 10,000
40 0603286E ADVANCED AEROSPACE SYSTEMS........ 331,753 331,753
41 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 134,809 134,809
42 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,328 24,328
43 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 55,626 55,626
CONCEPTS.
44 0603330D8Z QUANTUM APPLICATION............... 75,000 75,000
46 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 104,729 104,729
47 0603375D8Z TECHNOLOGY INNOVATION............. 123,837 123,837
48 0603379D8Z ADVANCED TECHNICAL INTEGRATION.... 11,000 11,000
49 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 267,073 292,073
PROGRAM--ADVANCED DEVELOPMENT.
.................................. Generative Unconstrained [25,000]
Intelligent Drug Engineering-
Enhanced Biodefense.
50 0603527D8Z RETRACT LARCH..................... 57,401 57,401
51 0603618D8Z JOINT ELECTRONIC ADVANCED 19,793 19,793
TECHNOLOGY.
53 0603662D8Z NETWORKED COMMUNICATIONS 11,197 11,197
CAPABILITIES.
54 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 252,965 264,965
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing at scale... [7,000]
.................................. Digital manufacturing [5,000]
modernization.
55 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 46,404 46,404
56 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 16,580 16,580
DEMONSTRATIONS.
57 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 60,387 60,387
PROGRAM.
58 0603720S MICROELECTRONICS TECHNOLOGY 144,707 144,707
DEVELOPMENT AND SUPPORT.
59 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,749 2,749
60 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 254,033 254,033
61 0603760E COMMAND, CONTROL AND 321,591 321,591
COMMUNICATIONS SYSTEMS.
62 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 885,425 885,425
63 0603767E SENSOR TECHNOLOGY................. 358,580 358,580
65 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 16,699 16,699
66 0603838D8Z DEFENSE INNOVATION ACCELERATION 257,110 257,110
(DIA).
67 0603924D8Z HIGH ENERGY LASER ADVANCED 111,799 111,799
TECHNOLOGY PROGRAM.
68 0603941D8Z TEST & EVALUATION SCIENCE & 345,384 345,384
TECHNOLOGY.
69 0603945D8Z AUKUS INNOVATION INITIATIVES...... 25,000 25,000
70 0603950D8Z NATIONAL SECURITY INNOVATION 21,575 28,575
NETWORK.
.................................. National Security Innovation [7,000]
Network.
71 0604055D8Z OPERATIONAL ENERGY CAPABILITY 171,668 181,668
IMPROVEMENT.
.................................. Increase for tristructural- [10,000]
isotrophic fuel.
72 1160402BB SOF ADVANCED TECHNOLOGY 156,097 156,097
DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 5,380,945 5,469,945
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
74 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 76,764 76,764
SECURITY EQUIPMENT RDT&E ADC&P.
75 0603600D8Z WALKOFF........................... 143,486 143,486
76 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 117,196 123,196
CERTIFICATION PROGRAM.
.................................. Sustainable Technology Evaluation [6,000]
and Demonstration program
increase.
77 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 220,311 220,311
DEFENSE SEGMENT.
78 0603882C BALLISTIC MISSILE DEFENSE 903,633 903,633
MIDCOURSE DEFENSE SEGMENT.
79 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 316,853 316,853
PROGRAM--DEM/VAL.
80 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 239,159 239,159
81 0603890C BMD ENABLING PROGRAMS............. 597,720 597,720
82 0603891C SPECIAL PROGRAMS--MDA............. 552,888 552,888
83 0603892C AEGIS BMD......................... 693,727 693,727
84 0603896C BALLISTIC MISSILE DEFENSE COMMAND 554,201 554,201
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
85 0603898C BALLISTIC MISSILE DEFENSE JOINT 48,248 48,248
WARFIGHTER SUPPORT.
[[Page S4096]]
86 0603904C MISSILE DEFENSE INTEGRATION & 50,549 50,549
OPERATIONS CENTER (MDIOC).
87 0603906C REGARDING TRENCH.................. 12,564 27,564
.................................. Program increase--MDA UFR......... [15,000]
88 0603907C SEA BASED X-BAND RADAR (SBX)...... 177,868 177,868
89 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 325,000
.................................. U.S.-Israel cooperation on [25,000]
directed energy capabilities.
90 0603914C BALLISTIC MISSILE DEFENSE TEST.... 360,455 360,455
91 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 570,258 580,258
.................................. Hypersonic Targets and [10,000]
Countermeasures Program.
92 0603923D8Z COALITION WARFARE................. 12,103 12,103
93 0604011D8Z NEXT GENERATION INFORMATION 179,278 179,278
COMMUNICATIONS TECHNOLOGY (5G).
94 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,185 3,185
PROGRAM.
95 0604102C GUAM DEFENSE DEVELOPMENT.......... 397,578 397,578
97 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL 34,350 34,350
INTELLIGENCE OFFICER (CDAO)--MIP.
98 0604181C HYPERSONIC DEFENSE................ 208,997 208,997
99 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,085,826 1,085,826
100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 810,839 810,839
101 0604331D8Z RAPID PROTOTYPING PROGRAM......... 110,291 110,291
102 0604331J RAPID PROTOTYPING PROGRAM......... 9,880 9,880
104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,643 2,643
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604551BR CATAPULT INFORMATION SYSTEM....... 8,328 8,328
106 0604555D8Z OPERATIONAL ENERGY CAPABILITY 53,726 53,726
IMPROVEMENT--NON S&T.
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,206 3,206
STRATEGIC ANALYSIS (SSA).
109 0604790D8Z RAPID DEFENSE EXPERIMENTATION 79,773 79,773
RESERVE (RDER).
110 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 28,517 28,517
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
111 0604873C LONG RANGE DISCRIMINATION RADAR 103,517 103,517
(LRDR).
112 0604874C IMPROVED HOMELAND DEFENSE 2,130,838 2,130,838
INTERCEPTORS.
113 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 47,577 47,577
DEFENSE SEGMENT TEST.
114 0604878C AEGIS BMD TEST.................... 193,484 193,484
115 0604879C BALLISTIC MISSILE DEFENSE SENSOR 111,049 111,049
TEST.
116 0604880C LAND-BASED SM-3 (LBSM3)........... 22,163 22,163
117 0604887C BALLISTIC MISSILE DEFENSE 41,824 41,824
MIDCOURSE SEGMENT TEST.
118 0202057C SAFETY PROGRAM MANAGEMENT......... 2,484 2,484
119 0208059JCY CYBERCOM ACTIVITIES............... 65,484 65,484
120 0208085JCY ROBUST INFRASTRUCTURE AND ACCESS.. 170,182 170,182
121 0208086JCY CYBER TRAINING ENVIRONMENT (CTE).. 114,980 114,980
122 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,156 2,156
SYSTEMS.
123 0305103C CYBER SECURITY INITIATIVE......... 2,760 2,760
124 0305245D8Z INTELLIGENCE CAPABILITIES AND 3,000 3,000
INNOVATION INVESTMENTS.
125 0305251JCY CYBERSPACE OPERATIONS FORCES AND 2,669 2,669
FORCE SUPPORT.
126 0901579D8Z OFFICE OF STRATEGIC CAPITAL (OSC). 99,000 99,000
129 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 109,483 109,483
SPACE PROGRAMS.
.................................. SUBTOTAL ADVANCED COMPONENT 12,187,050 12,243,050
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
130 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL 615,246 615,246
INTELLIGENCE OFFICER (CDAO)--DEM/
VAL ACTIVITIES.
131 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 6,229 6,229
SECURITY EQUIPMENT RDT&E SDD.
132 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 382,977 382,977
PROGRAM--EMD.
133 0604771D8Z JOINT TACTICAL INFORMATION 9,775 9,775
DISTRIBUTION SYSTEM (JTIDS).
134 0605000BR COUNTER WEAPONS OF MASS 14,414 14,414
DESTRUCTION SYSTEMS DEVELOPMENT.
135 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 6,953 6,953
136 0605021SE HOMELAND PERSONNEL SECURITY 9,292 9,292
INITIATIVE.
137 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 18,981 18,981
138 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,456 5,456
140 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 32,629 32,629
FINANCIAL SYSTEM.
141 0605141BR MISSION ASSURANCE RISK MANAGEMENT 9,316 9,316
SYSTEM (MARMS).
142 0605210D8Z DEFENSE-WIDE ELECTRONIC 6,899 6,899
PROCUREMENT CAPABILITIES.
143 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 297,586 297,586
145 0605772D8Z NUCLEAR COMMAND, CONTROL, & 4,110 4,110
COMMUNICATIONS.
146 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 8,159 8,159
MANAGEMENT (EEIM).
147 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 14,471 14,471
AND DEMONSTRATION.
148 0505167D8Z DOMESTIC PREPAREDNESS AGAINST 3,770 3,770
WEAPONS OF MASS DESTRUCTION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,446,263 1,446,263
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
149 0603829J JOINT CAPABILITY EXPERIMENTATION.. 12,402 12,402
150 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 12,746 12,746
(DRRS).
151 0604875D8Z JOINT SYSTEMS ARCHITECTURE 8,426 8,426
DEVELOPMENT.
152 0604940D8Z CENTRAL TEST AND EVALUATION 833,792 833,792
INVESTMENT DEVELOPMENT (CTEIP).
153 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 5,810 5,810
154 0605001E MISSION SUPPORT................... 99,090 99,090
155 0605100D8Z JOINT MISSION ENVIRONMENT TEST 187,421 187,421
CAPABILITY (JMETC).
156 0605126J JOINT INTEGRATED AIR AND MISSILE 61,477 61,477
DEFENSE ORGANIZATION (JIAMDO).
158 0605142D8Z SYSTEMS ENGINEERING............... 39,949 39,949
159 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 6,292 6,292
160 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 21,043 21,043
161 0605170D8Z SUPPORT TO NETWORKS AND 10,504 10,504
INFORMATION INTEGRATION.
162 0605200D8Z GENERAL SUPPORT TO 2,980 2,980
OUSD(INTELLIGENCE AND SECURITY).
163 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 74,382 74,382
PROGRAM.
170 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,831 3,831
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
[[Page S4097]]
171 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 38,923 38,923
172 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 60,404 60,404
173 0605801KA DEFENSE TECHNICAL INFORMATION 65,715 60,715
CENTER (DTIC).
.................................. Information Analysis Centers [-5,000]
reduction.
174 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 26,037 26,037
TESTING AND EVALUATION.
175 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 37,353 37,353
176 0605898E MANAGEMENT HQ--R&D................ 14,833 14,833
177 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,752 3,752
INFORMATION CENTER (DTIC).
178 0606005D8Z SPECIAL ACTIVITIES................ 18,088 18,088
179 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 14,427 14,427
180 0606114D8Z ANALYSIS WORKING GROUP (AWG) 4,200 4,200
SUPPORT.
181 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL 17,247 17,247
INTELLIGENCE OFFICER (CDAO)
ACTIVITIES.
182 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,386 3,386
ANALYSIS.
183 0606300D8Z DEFENSE SCIENCE BOARD............. 2,352 2,352
184 0606301D8Z AVIATION SAFETY TECHNOLOGIES...... 213 213
186 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 45,194 45,194
POLICY.
187 0606853BR MANAGEMENT, TECHNICAL & 11,919 11,919
INTERNATIONAL SUPPORT.
188 0203345D8Z DEFENSE OPERATIONS SECURITY 3,112 3,112
INITIATIVE (DOSI).
189 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 4,916 4,916
190 0208045K C4I INTEROPERABILITY.............. 66,152 66,152
195 0305172K COMBINED ADVANCED APPLICATIONS.... 5,366 5,366
197 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,069 3,069
SYSTEMS.
199 0804768J COCOM EXERCISE ENGAGEMENT AND 101,319 101,319
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
200 0808709SE DEFENSE EQUAL OPPORTUNITY 740 740
MANAGEMENT INSTITUTE (DEOMI).
201 0901598C MANAGEMENT HQ--MDA................ 28,363 28,363
202 0903235K JOINT SERVICE PROVIDER (JSP)...... 5,177 5,177
9999 9999999999 CLASSIFIED PROGRAMS............... 36,315 63,315
.................................. All Domain Anomaly Resolution [27,000]
Office.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,998,717 2,020,717
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
203 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 42,482 42,482
205 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 1,017,141 1,045,141
SUSTAINMENT SUPPORT.
.................................. Domestic advanced microelectronics [5,000]
packaging.
.................................. Rapid Innovation Program.......... [20,000]
.................................. Shipbuilding and ship repair [3,000]
workforce development.
206 0607310D8Z COUNTERPROLIFERATION SPECIAL 12,713 12,713
PROJECTS: OPERATIONAL SYSTEMS
DEVELOPMENT.
207 0607327T GLOBAL THEATER SECURITY 8,503 8,503
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
208 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 80,495 80,495
(OPERATIONAL SYSTEMS DEVELOPMENT).
209 0208097JCY CYBER COMMAND AND CONTROL (CYBER 95,733 95,733
C2).
210 0208099JCY DATA AND UNIFIED PLATFORM (D&UP).. 138,558 138,558
214 0302019K DEFENSE INFO INFRASTRUCTURE 19,299 19,299
ENGINEERING AND INTEGRATION.
215 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 37,726 37,726
216 0303131K MINIMUM ESSENTIAL EMERGENCY 5,037 5,037
COMMUNICATIONS NETWORK (MEECN).
218 0303140D8Z INFORMATION SYSTEMS SECURITY 97,171 97,171
PROGRAM.
220 0303140K INFORMATION SYSTEMS SECURITY 8,351 8,351
PROGRAM.
222 0303153K DEFENSE SPECTRUM ORGANIZATION..... 35,995 35,995
223 0303171K JOINT PLANNING AND EXECUTION 5,677 5,677
SERVICES.
224 0303228K JOINT REGIONAL SECURITY STACKS 3,196 3,196
(JRSS).
228 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) 25,655 25,655
CYBER SECURITY INITIATIVE.
232 0305133V INDUSTRIAL SECURITY ACTIVITIES.... 2,134 2,134
235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 2,295 2,295
ACTIVITIES.
236 0305172D8Z COMBINED ADVANCED APPLICATIONS.... 52,736 52,736
239 0305186D8Z POLICY R&D PROGRAMS............... 6,263 6,263
240 0305199D8Z NET CENTRICITY.................... 23,275 23,275
242 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,214 6,214
SYSTEMS.
249 0305327V INSIDER THREAT.................... 2,971 2,971
250 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,879 1,879
TRANSFER PROGRAM.
257 0306250JCY CYBER OPERATIONS TECHNOLOGY 469,385 480,385
SUPPORT.
.................................. Locked Shield Exercise............ [4,000]
.................................. Modernization of Department of [7,000]
Defense Internet Gateway Cyber
Defense.
261 0505167D8Z DOMESTIC PREPAREDNESS AGAINST 1,760 1,760
WEAPONS OF MASS DESTRUCTION.
262 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,420 1,420
263 0708012S PACIFIC DISASTER CENTERS.......... 1,905 1,905
264 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,249 3,249
SYSTEM.
265 1105219BB MQ-9 UAV.......................... 37,188 37,188
267 1160403BB AVIATION SYSTEMS.................. 216,174 216,174
268 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 86,737 86,737
269 1160408BB OPERATIONAL ENHANCEMENTS.......... 216,135 216,135
270 1160431BB WARRIOR SYSTEMS................... 263,374 280,514
.................................. Counter Uncrewed Aerial Systems [11,250]
(CUAS) Group 3 Defeat
Acceleration.
.................................. Next-Generation Blue Force Tracker [5,890]
271 1160432BB SPECIAL PROGRAMS.................. 529 529
272 1160434BB UNMANNED ISR...................... 6,727 6,727
273 1160480BB SOF TACTICAL VEHICLES............. 9,335 9,335
274 1160483BB MARITIME SYSTEMS.................. 158,231 158,231
275 1160490BB OPERATIONAL ENHANCEMENTS 15,749 15,749
INTELLIGENCE.
9999 9999999999 CLASSIFIED PROGRAMS............... 8,463,742 8,463,742
.................................. SUBTOTAL OPERATIONAL SYSTEMS 11,683,139 11,739,279
DEVELOPMENT.
[[Page S4098]]
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
278 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 21,355 21,355
PILOT PROGRAM.
279 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 33,166 33,166
9999 9999999999 CLASSIFIED PROGRAMS............... 270,653 270,653
.................................. SUBTOTAL SOFTWARE AND DIGITAL 325,174 325,174
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 36,185,834 36,446,974
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
1 0605118OTE OPERATIONAL TEST AND EVALUATION... 169,544 169,544
2 0605131OTE LIVE FIRE TEST AND EVALUATION..... 103,252 103,252
3 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,693 58,693
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 331,489 331,489
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 331,489 331,489
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 144,979,625 146,140,912
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2024 Senate
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS....................................................... 3,943,409 3,943,409
020 MODULAR SUPPORT BRIGADES............................................. 225,238 225,238
030 ECHELONS ABOVE BRIGADE............................................... 947,395 947,395
040 THEATER LEVEL ASSETS................................................. 2,449,141 2,449,141
050 LAND FORCES OPERATIONS SUPPORT....................................... 1,233,070 1,233,070
060 AVIATION ASSETS...................................................... 2,046,144 2,046,144
070 FORCE READINESS OPERATIONS SUPPORT................................... 7,149,427 7,149,427
080 LAND FORCES SYSTEMS READINESS........................................ 475,435 475,435
090 LAND FORCES DEPOT MAINTENANCE........................................ 1,423,560 1,423,560
100 MEDICAL READINESS.................................................... 951,499 951,499
110 BASE OPERATIONS SUPPORT.............................................. 9,943,031 9,943,031
120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 5,381,757 5,381,757
130 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 313,612 313,612
140 ADDITIONAL ACTIVITIES................................................ 454,565 454,565
150 RESET................................................................ 447,987 447,987
160 US AFRICA COMMAND.................................................... 414,680 414,680
170 US EUROPEAN COMMAND.................................................. 408,529 408,529
180 US SOUTHERN COMMAND.................................................. 285,692 285,692
190 US FORCES KOREA...................................................... 88,463 88,463
200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 507,845 507,845
210 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 704,667 704,667
SUBTOTAL OPERATING FORCES............................................ 39,795,146 39,795,146
MOBILIZATION
230 STRATEGIC MOBILITY................................................... 470,143 470,143
240 ARMY PREPOSITIONED STOCKS............................................ 433,909 433,909
250 INDUSTRIAL PREPAREDNESS.............................................. 4,244 4,244
SUBTOTAL MOBILIZATION................................................ 908,296 908,296
TRAINING AND RECRUITING
260 OFFICER ACQUISITION.................................................. 178,428 178,428
270 RECRUIT TRAINING..................................................... 78,235 78,235
280 ONE STATION UNIT TRAINING............................................ 114,777 114,777
290 SENIOR RESERVE OFFICERS TRAINING CORPS............................... 551,462 551,462
300 SPECIALIZED SKILL TRAINING........................................... 1,147,431 1,147,431
310 FLIGHT TRAINING...................................................... 1,398,415 1,398,415
320 PROFESSIONAL DEVELOPMENT EDUCATION................................... 200,779 200,779
330 TRAINING SUPPORT..................................................... 682,896 682,896
340 RECRUITING AND ADVERTISING........................................... 690,280 833,336
Army Enlisted Training Corps......................................... [5,000]
Recruiting and advertising increase.................................. [138,056]
350 EXAMINING............................................................ 195,009 195,009
360 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 260,235 260,235
370 CIVILIAN EDUCATION AND TRAINING...................................... 250,252 250,252
380 JUNIOR RESERVE OFFICER TRAINING CORPS................................ 204,895 204,895
SUBTOTAL TRAINING AND RECRUITING..................................... 5,953,094 6,096,150
ADMIN & SRVWIDE ACTIVITIES
400 SERVICEWIDE TRANSPORTATION........................................... 718,323 718,323
[[Page S4099]]
410 CENTRAL SUPPLY ACTIVITIES............................................ 900,624 900,624
420 LOGISTIC SUPPORT ACTIVITIES.......................................... 828,059 828,059
430 AMMUNITION MANAGEMENT................................................ 464,029 464,029
440 ADMINISTRATION....................................................... 537,837 537,837
450 SERVICEWIDE COMMUNICATIONS........................................... 1,962,059 1,962,059
460 MANPOWER MANAGEMENT.................................................. 361,553 361,553
470 OTHER PERSONNEL SUPPORT.............................................. 829,248 829,248
480 OTHER SERVICE SUPPORT................................................ 2,370,107 2,370,107
490 ARMY CLAIMS ACTIVITIES............................................... 203,323 203,323
500 REAL ESTATE MANAGEMENT............................................... 286,682 286,682
510 FINANCIAL MANAGEMENT AND AUDIT READINESS............................. 455,928 455,928
520 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT........................ 39,867 39,867
530 INTERNATIONAL MILITARY HEADQUARTERS.................................. 610,201 610,201
540 MISC. SUPPORT OF OTHER NATIONS....................................... 38,948 38,948
999 CLASSIFIED PROGRAMS.................................................. 2,291,229 2,291,229
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 12,898,017 12,898,017
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -337,600
Foreign currency fluctuations........................................ [-208,000]
Unobligated balances................................................. [-129,600]
SUBTOTAL UNDISTRIBUTED............................................... 0 -337,600
TOTAL OPERATION & MAINTENANCE, ARMY.................................. 59,554,553 59,360,009
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES............................................. 15,208 15,208
020 ECHELONS ABOVE BRIGADE............................................... 720,802 720,802
030 THEATER LEVEL ASSETS................................................. 143,400 143,400
040 LAND FORCES OPERATIONS SUPPORT....................................... 707,654 707,654
050 AVIATION ASSETS...................................................... 134,346 134,346
060 FORCE READINESS OPERATIONS SUPPORT................................... 451,178 451,178
070 LAND FORCES SYSTEMS READINESS........................................ 97,564 97,564
080 LAND FORCES DEPOT MAINTENANCE........................................ 45,711 45,711
090 BASE OPERATIONS SUPPORT.............................................. 608,079 608,079
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 495,435 495,435
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 28,783 28,783
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 3,153 3,153
130 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 19,591 19,591
SUBTOTAL OPERATING FORCES............................................ 3,470,904 3,470,904
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION........................................... 19,155 19,155
150 ADMINISTRATION....................................................... 21,668 21,668
160 SERVICEWIDE COMMUNICATIONS........................................... 44,118 44,118
170 MANPOWER MANAGEMENT.................................................. 7,127 7,127
180 RECRUITING AND ADVERTISING........................................... 67,976 74,651
Recruiting and advertising increase.................................. [6,675]
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 160,044 166,719
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -14,300
Foreign currency fluctuations........................................ [-10,900]
Unobligated balances................................................. [-3,400]
SUBTOTAL UNDISTRIBUTED............................................... 0 -14,300
TOTAL OPERATION & MAINTENANCE, ARMY RES.............................. 3,630,948 3,623,323
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS....................................................... 925,071 925,071
020 MODULAR SUPPORT BRIGADES............................................. 201,781 201,781
030 ECHELONS ABOVE BRIGADE............................................... 840,373 840,373
040 THEATER LEVEL ASSETS................................................. 107,392 107,392
050 LAND FORCES OPERATIONS SUPPORT....................................... 62,908 62,908
060 AVIATION ASSETS...................................................... 1,113,908 1,113,908
070 FORCE READINESS OPERATIONS SUPPORT................................... 832,946 832,946
080 LAND FORCES SYSTEMS READINESS........................................ 50,696 50,696
090 LAND FORCES DEPOT MAINTENANCE........................................ 231,784 231,784
100 BASE OPERATIONS SUPPORT.............................................. 1,249,066 1,249,066
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 1,081,561 1,081,561
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 1,468,857 1,468,857
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 9,566 9,566
140 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 15,710 15,710
SUBTOTAL OPERATING FORCES............................................ 8,191,619 8,191,619
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................... 7,251 7,251
160 ADMINISTRATION....................................................... 66,025 66,025
170 SERVICEWIDE COMMUNICATIONS........................................... 113,366 113,366
180 MANPOWER MANAGEMENT.................................................. 8,663 8,663
[[Page S4100]]
190 OTHER PERSONNEL SUPPORT.............................................. 292,426 343,146
Recruiting and advertising increase.................................. [50,720]
200 REAL ESTATE MANAGEMENT............................................... 3,754 3,754
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 491,485 542,205
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -52,400
Foreign currency fluctuations........................................ [-29,000]
Unobligated balances................................................. [-23,400]
SUBTOTAL UNDISTRIBUTED............................................... 0 -52,400
TOTAL OPERATION & MAINTENANCE, ARNG.................................. 8,683,104 8,681,424
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
010 IRAQ................................................................. 241,950 241,950
020 SYRIA................................................................ 156,000 156,000
SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF).................... 397,950 397,950
TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)....................... 397,950 397,950
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 7,882,504 7,882,504
020 FLEET AIR TRAINING................................................... 2,773,957 2,773,957
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES....................... 73,047 73,047
040 AIR OPERATIONS AND SAFETY SUPPORT.................................... 213,862 213,862
050 AIR SYSTEMS SUPPORT.................................................. 1,155,463 1,158,463
Advanced nucleated foam engine performance and restoration program... [3,000]
060 AIRCRAFT DEPOT MAINTENANCE........................................... 1,857,021 1,857,021
070 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 66,822 66,822
080 AVIATION LOGISTICS................................................... 1,871,670 1,871,670
090 MISSION AND OTHER SHIP OPERATIONS.................................... 7,015,796 7,015,796
100 SHIP OPERATIONS SUPPORT & TRAINING................................... 1,301,108 1,301,108
110 SHIP DEPOT MAINTENANCE............................................... 11,164,249 11,164,249
120 SHIP DEPOT OPERATIONS SUPPORT........................................ 2,728,712 2,728,712
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE......................... 1,776,881 1,776,881
140 SPACE SYSTEMS AND SURVEILLANCE....................................... 389,915 389,915
150 WARFARE TACTICS...................................................... 1,005,998 1,005,998
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY............................. 455,330 455,330
170 COMBAT SUPPORT FORCES................................................ 2,350,089 2,356,089
Naval Small Craft Instruction and Technical Training School.......... [6,000]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................... 189,044 189,044
200 COMBATANT COMMANDERS CORE OPERATIONS................................. 92,504 92,504
210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT.......................... 352,980 352,980
230 CYBERSPACE ACTIVITIES................................................ 522,180 522,180
240 FLEET BALLISTIC MISSILE.............................................. 1,763,238 1,763,238
250 WEAPONS MAINTENANCE.................................................. 1,640,642 1,640,642
260 OTHER WEAPON SYSTEMS SUPPORT......................................... 696,653 696,653
270 ENTERPRISE INFORMATION............................................... 1,780,645 1,780,645
280 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 4,406,192 4,406,192
290 BASE OPERATING SUPPORT............................................... 6,223,827 6,271,827
Navy divestment of electrical utility operations at former Naval Air [48,000]
Station Barbers Point...............................................
SUBTOTAL OPERATING FORCES............................................ 61,750,329 61,807,329
MOBILIZATION
300 SHIP PREPOSITIONING AND SURGE........................................ 475,255 475,255
310 READY RESERVE FORCE.................................................. 701,060 701,060
320 SHIP ACTIVATIONS/INACTIVATIONS....................................... 302,930 302,930
330 EXPEDITIONARY HEALTH SERVICES SYSTEMS................................ 151,966 151,966
340 COAST GUARD SUPPORT.................................................. 21,464 21,464
SUBTOTAL MOBILIZATION................................................ 1,652,675 1,652,675
TRAINING AND RECRUITING
350 OFFICER ACQUISITION.................................................. 201,555 201,555
360 RECRUIT TRAINING..................................................... 16,521 16,521
370 RESERVE OFFICERS TRAINING CORPS...................................... 175,171 175,171
380 SPECIALIZED SKILL TRAINING........................................... 1,238,894 1,238,894
390 PROFESSIONAL DEVELOPMENT EDUCATION................................... 335,603 335,603
400 TRAINING SUPPORT..................................................... 390,931 390,931
410 RECRUITING AND ADVERTISING........................................... 269,483 355,328
Navy Enlisted Training Corps......................................... [5,000]
Recruiting and advertising increase.................................. [80,845]
420 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 90,452 90,452
430 CIVILIAN EDUCATION AND TRAINING...................................... 73,406 73,406
440 JUNIOR ROTC.......................................................... 58,970 58,970
SUBTOTAL TRAINING AND RECRUITING..................................... 2,850,986 2,936,831
ADMIN & SRVWD ACTIVITIES
450 ADMINISTRATION....................................................... 1,350,449 1,350,449
460 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................... 242,760 242,760
470 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 745,666 745,666
[[Page S4101]]
490 MEDICAL ACTIVITIES................................................... 323,978 323,978
500 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT........................ 67,357 67,357
510 SERVICEWIDE TRANSPORTATION........................................... 248,822 248,822
530 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................... 616,816 616,816
540 ACQUISITION, LOGISTICS, AND OVERSIGHT................................ 850,906 850,906
550 INVESTIGATIVE AND SECURITY SERVICES.................................. 888,508 888,508
999 CLASSIFIED PROGRAMS.................................................. 655,281 655,281
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 5,990,543 5,990,543
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -498,400
Foreign currency fluctuations........................................ [-236,300]
Unobligated balances................................................. [-262,100]
SUBTOTAL UNDISTRIBUTED............................................... 0 -498,400
TOTAL OPERATION & MAINTENANCE, NAVY.................................. 72,244,533 71,888,978
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................... 1,799,964 1,799,964
020 FIELD LOGISTICS...................................................... 1,878,228 1,878,228
030 DEPOT MAINTENANCE.................................................... 211,460 211,460
040 MARITIME PREPOSITIONING.............................................. 137,831 137,831
060 CYBERSPACE ACTIVITIES................................................ 205,449 205,449
070 SUSTAINMENT, RESTORATION & MODERNIZATION............................. 1,211,183 1,211,183
080 BASE OPERATING SUPPORT............................................... 3,124,551 3,124,551
SUBTOTAL OPERATING FORCES............................................ 8,568,666 8,568,666
TRAINING AND RECRUITING
090 RECRUIT TRAINING..................................................... 26,284 26,284
100 OFFICER ACQUISITION.................................................. 1,316 1,316
110 SPECIALIZED SKILL TRAINING........................................... 133,176 133,176
120 PROFESSIONAL DEVELOPMENT EDUCATION................................... 66,213 66,213
130 TRAINING SUPPORT..................................................... 570,152 570,152
140 RECRUITING AND ADVERTISING........................................... 246,586 300,903
Marine Corps Enlisted Training Corps................................. [5,000]
Recruiting and advertising increase.................................. [49,317]
150 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 55,230 55,230
160 JUNIOR ROTC.......................................................... 29,616 29,616
SUBTOTAL TRAINING AND RECRUITING..................................... 1,128,573 1,182,890
ADMIN & SRVWD ACTIVITIES
180 SERVICEWIDE TRANSPORTATION........................................... 90,366 90,366
190 ADMINISTRATION....................................................... 428,650 428,650
999 CLASSIFIED PROGRAMS.................................................. 65,658 65,658
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 584,674 584,674
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -108,900
Foreign currency fluctuations........................................ [-33,800]
Unobligated balances................................................. [-75,100]
SUBTOTAL UNDISTRIBUTED............................................... 0 -108,900
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.......................... 10,281,913 10,227,330
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 731,113 731,113
020 INTERMEDIATE MAINTENANCE............................................. 10,122 10,122
030 AIRCRAFT DEPOT MAINTENANCE........................................... 167,811 167,811
040 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 103 103
050 AVIATION LOGISTICS................................................... 29,185 29,185
060 COMBAT COMMUNICATIONS................................................ 20,806 20,806
070 COMBAT SUPPORT FORCES................................................ 186,590 186,590
080 CYBERSPACE ACTIVITIES................................................ 296 296
090 ENTERPRISE INFORMATION............................................... 32,467 32,467
100 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 63,726 63,726
110 BASE OPERATING SUPPORT............................................... 121,064 121,064
SUBTOTAL OPERATING FORCES............................................ 1,363,283 1,363,283
ADMIN & SRVWD ACTIVITIES
120 ADMINISTRATION....................................................... 2,025 2,025
130 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 13,401 13,401
140 ACQUISITION AND PROGRAM MANAGEMENT................................... 2,101 2,101
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 17,527 17,527
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -8,100
Foreign currency fluctuations........................................ [-3,900]
Unobligated balances................................................. [-4,200]
SUBTOTAL UNDISTRIBUTED............................................... 0 -8,100
[[Page S4102]]
TOTAL OPERATION & MAINTENANCE, NAVY RES.............................. 1,380,810 1,372,710
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES..................................................... 128,468 128,468
020 DEPOT MAINTENANCE.................................................... 20,967 20,967
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 46,589 46,589
040 BASE OPERATING SUPPORT............................................... 120,808 120,808
SUBTOTAL OPERATING FORCES............................................ 316,832 316,832
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION....................................................... 12,563 12,563
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 12,563 12,563
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -4,900
Foreign currency fluctuations........................................ [-3,900]
Unobligated balances................................................. [-1,000]
SUBTOTAL UNDISTRIBUTED............................................... 0 -4,900
TOTAL OPERATION & MAINTENANCE, MC RESERVE............................ 329,395 324,495
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES................................................ 980,768 966,068
DAF requested realignment of funds................................... [-14,700]
020 COMBAT ENHANCEMENT FORCES............................................ 2,665,924 2,665,924
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)....................... 1,630,552 1,630,552
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 4,632,693 4,632,693
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 4,252,815 4,194,663
DAF requested realignment of funds................................... [-58,152]
060 CYBERSPACE SUSTAINMENT............................................... 229,440 229,440
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 9,537,192 9,537,192
080 FLYING HOUR PROGRAM.................................................. 6,697,549 6,697,549
090 BASE SUPPORT......................................................... 11,633,510 11,425,018
DAF requested realignment of funds................................... [-223,192]
DAF requested realignment of funds from SAG 11A...................... [14,700]
100 GLOBAL C3I AND EARLY WARNING......................................... 1,350,827 1,319,876
DAF requested realignment of funds................................... [-30,951]
110 OTHER COMBAT OPS SPT PROGRAMS........................................ 1,817,941 1,817,941
120 CYBERSPACE ACTIVITIES................................................ 807,966 807,966
130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES.......................... 267,615 267,615
160 US NORTHCOM/NORAD.................................................... 245,263 245,263
170 US STRATCOM.......................................................... 541,720 541,720
190 US CENTCOM........................................................... 335,220 329,220
Office of Security Cooperation-Iraq reduction........................ [-6,000]
200 US SOCOM............................................................. 27,511 27,511
210 US TRANSCOM.......................................................... 607 607
220 CENTCOM CYBERSPACE SUSTAINMENT....................................... 1,415 1,415
230 USSPACECOM........................................................... 373,989 373,989
240 MEDICAL READINESS.................................................... 564,880 562,596
DAF requested realignment of funds................................... [-2,284]
999 CLASSIFIED PROGRAMS.................................................. 1,465,926 1,465,926
SUBTOTAL OPERATING FORCES............................................ 51,527,249 51,206,670
MOBILIZATION
260 AIRLIFT OPERATIONS................................................... 3,012,287 3,012,287
270 MOBILIZATION PREPAREDNESS............................................ 241,918 241,918
SUBTOTAL MOBILIZATION................................................ 3,254,205 3,254,205
TRAINING AND RECRUITING
280 OFFICER ACQUISITION.................................................. 202,769 202,769
290 RECRUIT TRAINING..................................................... 28,892 28,892
300 RESERVE OFFICERS TRAINING CORPS (ROTC)............................... 137,647 137,647
310 SPECIALIZED SKILL TRAINING........................................... 588,131 588,131
320 FLIGHT TRAINING...................................................... 875,230 875,230
330 PROFESSIONAL DEVELOPMENT EDUCATION................................... 301,262 301,262
340 TRAINING SUPPORT..................................................... 194,609 194,609
350 RECRUITING AND ADVERTISING........................................... 204,318 250,182
Air Force Enlisted Training Corps.................................... [5,000]
Recruiting and advertising increase.................................. [40,864]
360 EXAMINING............................................................ 7,775 7,775
370 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 263,421 263,421
380 CIVILIAN EDUCATION AND TRAINING...................................... 343,039 343,039
390 JUNIOR ROTC.......................................................... 75,666 75,666
SUBTOTAL TRAINING AND RECRUITING..................................... 3,222,759 3,268,623
ADMIN & SRVWD ACTIVITIES
400 LOGISTICS OPERATIONS................................................. 1,062,199 1,062,199
410 TECHNICAL SUPPORT ACTIVITIES......................................... 162,919 162,919
420 ADMINISTRATION....................................................... 1,409,015 1,409,015
430 SERVICEWIDE COMMUNICATIONS........................................... 30,268 30,268
[[Page S4103]]
440 OTHER SERVICEWIDE ACTIVITIES......................................... 1,851,856 1,856,376
DAF requested realignment of funds................................... [4,520]
450 CIVIL AIR PATROL..................................................... 30,901 30,901
460 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT........................ 42,759 42,759
480 INTERNATIONAL SUPPORT................................................ 115,267 115,267
999 CLASSIFIED PROGRAMS.................................................. 1,506,624 1,506,624
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 7,718,432 7,722,952
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -442,200
Foreign currency fluctuations........................................ [-208,500]
Unobligated balances................................................. [-233,700]
SUBTOTAL UNDISTRIBUTED............................................... 0 -442,200
TOTAL OPERATION & MAINTENANCE, AIR FORCE............................. 65,722,645 65,010,250
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING........................................... 642,201 642,201
020 SPACE LAUNCH OPERATIONS.............................................. 356,162 356,162
030 SPACE OPERATIONS..................................................... 866,547 866,547
040 EDUCATION & TRAINING................................................. 199,181 217,353
DAF requested realignment of funds................................... [18,172]
050 SPECIAL PROGRAMS..................................................... 383,233 383,233
060 DEPOT MAINTENANCE.................................................... 67,757 67,757
070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 678,648 678,648
080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT.............................. 1,380,350 1,380,350
090 SPACE OPERATIONS -BOS................................................ 188,760 188,760
999 CLASSIFIED PROGRAMS.................................................. 71,475 71,475
SUBTOTAL OPERATING FORCES............................................ 4,834,314 4,852,486
ADMINISTRATION AND SERVICE WIDE ACTIVITIES
100 LOGISTICS OPERATIONS................................................. 34,046 34,046
110 ADMINISTRATION....................................................... 149,108 130,936
DAF requested realignment of funds................................... [-18,172]
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES.................. 183,154 164,982
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -87,100
Foreign currency fluctuations........................................ [-14,100]
Unobligated balances................................................. [-73,000]
SUBTOTAL UNDISTRIBUTED............................................... 0 -87,100
TOTAL OPERATION & MAINTENANCE, SPACE FORCE........................... 5,017,468 4,930,368
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES................................................ 2,088,949 2,116,429
Military technician (dual status) end strength....................... [27,480]
020 MISSION SUPPORT OPERATIONS........................................... 198,213 198,213
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 647,758 647,758
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 122,314 122,314
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 374,442 374,442
060 BASE SUPPORT......................................................... 543,962 543,962
070 CYBERSPACE ACTIVITIES................................................ 1,742 1,742
SUBTOTAL OPERATING FORCES............................................ 3,977,380 4,004,860
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION....................................................... 107,281 107,281
090 RECRUITING AND ADVERTISING........................................... 9,373 11,248
Recruiting and advertising increase.................................. [1,875]
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................... 15,563 15,563
110 OTHER PERS SUPPORT (DISABILITY COMP)................................. 6,174 6,174
120 AUDIOVISUAL.......................................................... 485 485
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES................... 138,876 140,751
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -46,700
Foreign currency fluctuations........................................ [-12,500]
Unobligated balances................................................. [-34,200]
SUBTOTAL UNDISTRIBUTED............................................... 0 -46,700
TOTAL OPERATION & MAINTENANCE, AF RESERVE............................ 4,116,256 4,098,911
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS.................................................. 2,498,675 2,498,675
020 MISSION SUPPORT OPERATIONS........................................... 656,714 796,394
Military technician (dual status) end strength....................... [139,680]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 1,171,901 1,171,901
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 370,188 370,188
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 1,280,003 1,280,003
[[Page S4104]]
060 BASE SUPPORT......................................................... 1,089,579 1,089,579
070 CYBERSPACE SUSTAINMENT............................................... 19,708 19,708
080 CYBERSPACE ACTIVITIES................................................ 49,476 49,476
SUBTOTAL OPERATING FORCES............................................ 7,136,244 7,275,924
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION....................................................... 68,417 68,417
100 RECRUITING AND ADVERTISING........................................... 49,033 72,433
Recruiting and advertising increase.................................. [23,400]
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES.................. 117,450 140,850
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -46,200
Foreign currency fluctuations........................................ [-24,300]
Unobligated balances................................................. [-21,900]
SUBTOTAL UNDISTRIBUTED............................................... 0 -46,200
TOTAL OPERATION & MAINTENANCE, ANG................................... 7,253,694 7,370,574
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF................................................ 461,370 457,770
Unobligated balances................................................. [-3,600]
020 JOINT CHIEFS OF STAFF--JTEEP......................................... 701,081 701,081
030 JOINT CHIEFS OF STAFF--CYBER......................................... 8,210 8,210
040 OFFICE OF THE SECRETARY OF DEFENSE--MISO............................. 252,480 252,480
060 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES............. 2,012,953 2,012,953
070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................... 1,210,930 1,206,930
MQ-9 Unmanned Aerial Vehicle unjustified increase.................... [-4,000]
080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS....... 202,574 202,574
090 SPECIAL OPERATIONS COMMAND THEATER FORCES............................ 3,346,004 3,351,004
Special Operations Forces cyber training............................. [5,000]
100 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES..................... 49,757 49,757
110 SPECIAL OPERATIONS COMMAND INTELLIGENCE.............................. 1,391,402 1,391,402
120 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT....................... 1,438,967 1,438,967
130 CYBERSPACE OPERATIONS................................................ 1,318,614 1,328,614
Modernization of Department of Defense Internet Gateway Cyber Defense [10,000]
140 USCYBERCOM HEADQUARTERS.............................................. 332,690 332,690
SUBTOTAL OPERATING FORCES............................................ 12,727,032 12,734,432
TRAINING AND RECRUITING
150 DEFENSE ACQUISITION UNIVERSITY....................................... 183,342 183,342
160 JOINT CHIEFS OF STAFF................................................ 118,172 118,172
170 SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION........ 33,855 33,855
SUBTOTAL TRAINING AND RECRUITING..................................... 335,369 335,369
ADMIN & SRVWIDE ACTIVITIES
180 CIVIL MILITARY PROGRAMS.............................................. 142,240 139,740
Unobligated balances................................................. [-2,500]
190 DEFENSE CONTRACT AUDIT AGENCY--CYBER................................. 4,870 4,870
200 DEFENSE CONTRACT AUDIT AGENCY........................................ 667,943 665,243
Unobligated balances................................................. [-2,700]
210 DEFENSE CONTRACT MANAGEMENT AGENCY................................... 1,567,119 1,551,619
Unobligated balances................................................. [-15,500]
220 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER............................ 30,279 20,279
Cybersecurity Maturity Model Certification program reduction......... [-10,000]
230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY...................... 1,062,123 1,062,123
250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............... 9,835 9,835
260 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER.............................. 27,517 27,517
270 DEFENSE HUMAN RESOURCES ACTIVITY..................................... 1,033,789 1,033,789
300 DEFENSE INFORMATION SYSTEMS AGENCY................................... 2,567,698 2,557,798
Unobligated balances................................................. [-9,900]
310 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER............................ 526,893 526,893
320 DEFENSE LEGAL SERVICES AGENCY........................................ 241,779 219,379
Unobligated balances................................................. [-22,400]
330 DEFENSE LOGISTICS AGENCY............................................. 446,731 446,731
340 DEFENSE MEDIA ACTIVITY............................................... 246,840 246,840
360 DEFENSE POW/MIA OFFICE............................................... 195,959 195,959
370 DEFENSE SECURITY COOPERATION AGENCY.................................. 2,379,100 2,389,100
Irregular Warfare Functional Center.................................. [10,000]
380 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................... 41,722 41,722
390 DEFENSE THREAT REDUCTION AGENCY...................................... 984,272 984,272
410 DEFENSE THREAT REDUCTION AGENCY--CYBER............................... 70,548 70,548
420 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY............................. 3,451,625 3,531,625
Impact Aid........................................................... [50,000]
Impact Aid for children with severe disabilities..................... [30,000]
430 MISSILE DEFENSE AGENCY............................................... 564,078 564,078
440 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION.................... 118,216 138,216
Defense Manufacturing Community Support Program...................... [20,000]
480 OFFICE OF THE SECRETARY OF DEFENSE--CYBER............................ 92,176 92,176
490 OFFICE OF THE SECRETARY OF DEFENSE................................... 2,676,416 2,718,116
Bien Hoa dioxin cleanup.............................................. [15,000]
[[Page S4105]]
Centers for Disease Control and Prevention Nation-wide human health [5,000]
assessment..........................................................
Readiness and Environmental Protection Integration program........... [20,200]
United States Telecommunications Training Institute.................. [1,500]
530 WASHINGTON HEADQUARTERS SERVICES..................................... 440,947 440,947
999 CLASSIFIED PROGRAMS.................................................. 20,114,447 20,114,447
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 39,705,162 39,793,862
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE........................ 52,767,563 52,863,663
UNDISTRIBUTED
OPERATION & MAINTENANCE, DEFENSE-WIDE
997 UNDISTRIBUTED........................................................ 0 -51,000
Program reduction--USSOCOM........................................... [-51,000]
998 UNDISTRIBUTED........................................................ 0 -15,000
Unobligated balances................................................. [-15,000]
SUBTOTAL UNDISTRIBUTED............................................... 0 -66,000
TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE.......................... 0 -66,000
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE ARMED FORCES, DEF
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE.................... 16,620 16,620
SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF............... 16,620 16,620
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 16,620 16,620
MISCELLANEOUS APPROPRIATIONS
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID........................ 114,900 114,900
SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID.............. 114,900 114,900
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 114,900 114,900
MISCELLANEOUS APPROPRIATIONS
COOPERATIVE THREAT REDUCTION ACCOUNT
010 COOPERATIVE THREAT REDUCTION......................................... 350,999 350,999
SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT........................ 350,999 350,999
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 350,999 350,999
MISCELLANEOUS APPROPRIATIONS
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD................................................. 54,977 54,977
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT........................... 54,977 54,977
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 54,977 54,977
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, ARMY
050 ENVIRONMENTAL RESTORATION, ARMY...................................... 198,760 198,760
SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY............................. 198,760 198,760
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 198,760 198,760
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, NAVY
060 ENVIRONMENTAL RESTORATION, NAVY...................................... 335,240 335,240
SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY............................. 335,240 335,240
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 335,240 335,240
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE................................. 349,744 349,744
SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE........................ 349,744 349,744
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 349,744 349,744
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, DEFENSE
080 ENVIRONMENTAL RESTORATION, DEFENSE................................... 8,965 8,965
SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE.......................... 8,965 8,965
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 8,965 8,965
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES........................ 232,806 232,806
SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES............... 232,806 232,806
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 232,806 232,806
[[Page S4106]]
TOTAL OPERATION & MAINTENANCE........................................ 293,043,843 291,746,996
----------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 168,320,510 166,779,670
Air Force end strength underexecution. [-564,000]
Air National Guard AGR end strength [-45,600]
underexecution.......................
Air National Reserve AGR end strength [-8,040]
underexecution.......................
Navy end strength underexecution...... [-600,000]
Unobligated balances.................. [-323,200]
SUBTOTAL MILITARY PERSONNEL 168,320,510 166,779,670
APPROPRIATIONS.......................
MEDICARE-ELIGIBLE RETIREE HEALTH CARE
FUND CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH CARE 10,553,456 10,553,456
FUND CONTRIBUTIONS...................
SUBTOTAL MEDICARE-ELIGIBLE RETIREE 10,553,456 10,553,456
HEALTH CARE FUND CONTRIBUTIONS.......
TOTAL MILITARY PERSONNEL.............. 178,873,966 177,333,126
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
010 INDUSTRIAL OPERATIONS.......... 27,551 27,551
020 SUPPLY MANAGEMENT--ARMY........ 1,662 1,662
SUBTOTAL WORKING CAPITAL FUND, 29,213 29,213
ARMY..........................
WORKING CAPITAL FUND, AIR FORCE
020 SUPPLIES AND MATERIALS......... 83,587 83,587
SUBTOTAL WORKING CAPITAL FUND, 83,587 83,587
AIR FORCE.....................
NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND
010 DEFENSE STOCKPILE.............. 7,629 7,629
SUBTOTAL NATIONAL DEFENSE 7,629 7,629
STOCKPILE TRANSACTION FUND....
WORKING CAPITAL FUND, DEFENSE-
WIDE
010 DEFENSE AUTOMATION & PRODUCTION 4 4
SERVICES......................
040 ENERGY MANAGEMENT--DEF......... 114,663 114,663
SUBTOTAL WORKING CAPITAL FUND, 114,667 114,667
DEFENSE-WIDE..................
WORKING CAPITAL FUND, DECA
010 WORKING CAPITAL FUND, DECA..... 1,447,612 1,447,612
SUBTOTAL WORKING CAPITAL FUND, 1,447,612 1,447,612
DECA..........................
TOTAL WORKING CAPITAL FUND..... 1,682,708 1,682,708
CHEM AGENTS & MUNITIONS
DESTRUCTION
OPERATION & MAINTENANCE
1 CHEM DEMILITARIZATION--O&M..... 89,284 89,284
SUBTOTAL OPERATION & 89,284 89,284
MAINTENANCE...................
RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION
2 CHEM DEMILITARIZATION--RDT&E... 1,002,560 1,002,560
SUBTOTAL RESEARCH, DEVELOPMENT, 1,002,560 1,002,560
TEST, AND EVALUATION..........
TOTAL CHEM AGENTS & MUNITIONS 1,091,844 1,091,844
DESTRUCTION...................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTRDCTN
010 COUNTER-NARCOTICS SUPPORT...... 643,848 643,848
SUBTOTAL DRUG INTRDCTN......... 643,848 643,848
DRUG DEMAND REDUCTION PROGRAM
020 DRUG DEMAND REDUCTION PROGRAM.. 134,313 134,313
SUBTOTAL DRUG DEMAND REDUCTION 134,313 134,313
PROGRAM.......................
[[Page S4107]]
NATIONAL GUARD COUNTER-DRUG
PROGRAM
030 NATIONAL GUARD COUNTER-DRUG 102,272 102,272
PROGRAM.......................
SUBTOTAL NATIONAL GUARD COUNTER- 102,272 102,272
DRUG PROGRAM..................
NATIONAL GUARD COUNTER-DRUG
SCHOOLS
040 NATIONAL GUARD COUNTER-DRUG 5,993 5,993
SCHOOLS.......................
SUBTOTAL NATIONAL GUARD COUNTER- 5,993 5,993
DRUG SCHOOLS..................
TOTAL DRUG INTERDICTION & CTR- 886,426 886,426
DRUG ACTIVITIES, DEF..........
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL
010 OPERATION AND MAINTENANCE...... 518,919 518,919
020 OPERATION AND MAINTENANCE...... 1,948 1,948
030 RDT&E.......................... 3,400 3,400
040 PROCUREMENT.................... 1,098 1,098
SUBTOTAL OFFICE OF THE 520,867 520,867
INSPECTOR GENERAL.............
SUBTOTAL OFFICE OF THE 3,400 3,400
INSPECTOR GENERAL.............
SUBTOTAL OFFICE OF THE 1,098 1,098
INSPECTOR GENERAL.............
TOTAL OFFICE OF THE INSPECTOR 525,365 525,365
GENERAL.......................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE.................. 10,044,342 10,044,342
020 PRIVATE SECTOR CARE............ 19,893,028 19,893,028
030 CONSOLIDATED HEALTH SUPPORT.... 2,007,012 2,007,012
040 INFORMATION MANAGEMENT......... 2,327,816 2,327,816
050 MANAGEMENT ACTIVITIES.......... 347,446 347,446
060 EDUCATION AND TRAINING......... 336,111 336,111
070 BASE OPERATIONS/COMMUNICATIONS. 2,144,551 2,144,551
SUBTOTAL OPERATION & 37,100,306 37,100,306
MAINTENANCE...................
RDT&E
080 R&D RESEARCH................... 40,311 40,311
090 R&D EXPLORATRY DEVELOPMENT..... 178,892 178,892
100 R&D ADVANCED DEVELOPMENT....... 327,040 327,040
110 R&D DEMONSTRATION/VALIDATION... 172,351 172,351
120 R&D ENGINEERING DEVELOPMENT.... 107,753 107,753
130 R&D MANAGEMENT AND SUPPORT..... 87,096 87,096
140 R&D CAPABILITIES ENHANCEMENT... 18,330 18,330
SUBTOTAL RDT&E................. 931,773 931,773
PROCUREMENT
150 PROC INITIAL OUTFITTING........ 22,344 22,344
160 PROC REPLACEMENT & 238,435 238,435
MODERNIZATION.................
170 PROC JOINT OPERATIONAL MEDICINE 29,537 29,537
INFORMATION SYSTEM............
180 PROC MILITARY HEALTH SYSTEM-- 74,055 74,055
DESKTOP TO DATACENTER.........
190 PROC DOD HEALTHCARE MANAGEMENT 17,510 17,510
SYSTEM MODERNIZATION..........
SUBTOTAL PROCUREMENT........... 381,881 381,881
TOTAL DEFENSE HEALTH PROGRAM... 38,413,960 38,413,960
TOTAL OTHER AUTHORIZATIONS..... 42,600,303 42,600,303
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2024 Senate
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
ARMY
Alabama ................................
Army Anniston Army Depot OPEN STORAGE (P&D) 0 270
Army Redstone Arsenal SUBSTATION 50,000 50,000
Alaska ................................
Army Fort Wainwright COST TO COMPLETE: ENLISTED 34,000 34,000
UNACCOMPANIED PERS HSG
Army Fort Wainwright SOLDER PERFORMANCE READINESS 0 7,900
CENTER (P&D)
Georgia ................................
Army Fort Eisenhower CYBER INSTRUCTIONAL FACILITY 163,000 73,000
(CLASSROOMS)
Germany ................................
Army Grafenwoehr AUTOMATED MULTIPURPOSE MACHINE 10,400 10,400
GUN RANGE
Army Hohenfels SIMULATIONS CENTER 56,000 56,000
Hawaii ................................
Army Aliamanu Military WATER STORAGE TANK 20,000 20,000
Reservation
[[Page S4108]]
Army Fort Shafter CLEARWELL AND BOOSTER PUMP 0 23,000
Army Helemano Military WELLS AND STORAGE TANK 0 33,000
Reservation
Army Schofield Barracks ELEVATED TANK AND DISTRIBUTION 0 21,000
LINE
Army Schofield Barracks WATER STORAGE TANK 0 16,000
Army Wheeler Army AIR TRAFFIC CONTROL TOWER (P&D) 0 5,400
Airfield
Indiana ................................
Army Crane Army EARTH COVERED MAGAZINES (P&D) 0 1,195
Ammunition Plant
Kansas ................................
Army Fort Riley AIR TRAFFIC CONTROL TOWER (P&D) 0 1,600
Army Fort Riley AIRCRAFT MAINTENANCE HANGER 105,000 105,000
Kentucky ................................
Army Blue Grass Army SMALL ARMS MODERNIZATION (P&D) 0 3,300
Depot
Army Fort Campbell AIR TRAFFIC CONTROL TOWER (P&D) 0 2,500
Army Fort Campbell MULTIPURPOSE TRAINING RANGE 38,000 38,000
Army Fort Knox MIDDLE SCHOOL ADDITION (P&D) 0 6,600
Kwajalein ................................
Army Kwajalein Atoll COST TO COMPLETE: PIER 0 15,000
Louisiana ................................
Army Fort Johnson MULTIPURPOSE ATHLETIC FIELD 0 13,400
Massachusetts ................................
Army Soldier Systems BARRACKS ADDITION 18,500 18,500
Center Natick
Michigan ................................
Army Detroit Arsenal GROUND TRANSPORT EQUIPMENT 72,000 72,000
BUILDING
New Mexico ................................
Army White Sands Missile J-DETC DIRECTED ENERGY FACILITY 0 5,500
Range (P&D)
New York ................................
Army Watervliet Arsenal TANK FARM (P&D) 0 160
North Carolina ................................
Army Fort Liberty AUTOMATED RECORD FIRE RANGE 19,500 19,500
Army Fort Liberty BARRACKS 50,000 50,000
Army Fort Liberty BARRACKS (FACILITY PROTOTYPING) 85,000 85,000
Oklahoma ................................
Army McAlester Army WATER TREATMENT PLANT (P&D) 0 1,194
Ammunition Plant
Pennsylvania ................................
Army Letterkenny Army ANECHOIC CHAMBER (P&D) 0 275
Depot
Army Letterkenny Army GUIDED MISSILE MAINTENANCE 89,000 89,000
Depot BUILDING
Army Tobyhanna Army HELIPAD (P&D) 0 311
Depot
Army Tobyhanna Army RADAR MAINTENANCE SHOP (P&D) 0 259
Depot
Poland ................................
Army Various Locations PLANNING & DESIGN 0 25,710
South Carolina ................................
Army Fort Jackson COST TO COMPLETE: RECEPTION 0 66,000
BARRACKS COMPLEX, PHASE 2
Texas ................................
Army Fort Bliss RAIL YARD 74,000 74,000
Army Fort Cavazos BARRACKS (P&D) 0 20,000
Army Fort Cavazos TACTICAL EQUIPMENT MAINTENANCE 0 5,800
FACILITIES (P&D)
Army Red River Army COMPONENT REBUILD SHOP 113,000 46,400
Depot
Army Red River Army NON-DESTRUCTIVE TESTING FACILITY 0 280
Depot (P&D)
Army Red River Army STANDBY GENERATOR (P&D) 0 270
Depot
Virginia ................................
Army Fort Belvoir EQUINE TRAINING FACILITY (P&D) 0 4,000
Washington ................................
Army Joint Base Lewis- BARRACKS 100,000 100,000
McChord
Army Joint Base Lewis- VEHICLE MAINTENANCE SHOP (P&D) 0 7,500
McChord
Worldwide Unspecified ................................
Army Unspecified BARRACKS REPLACEMENT FUND 0 50,000
Worldwide
Army Unspecified HOST NATION SUPPORT 26,000 26,000
Worldwide
Locations
Army Unspecified MINOR CONSTRUCTION 76,280 76,280
Worldwide
Locations
Army Unspecified PLANNING & DESIGN 270,875 270,875
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Army 1,470,555 1,651,379
................... ................................
NAVY
Australia ................................
Navy Royal Australian PDI: AIRCRAFT PARKING APRON 134,624 134,624
Air Force Base (INC)
Darwin
California ................................
Navy Marine Corps Air COMMUNICATIONS TOWERS 42,100 42,100
Ground Combat
Center Twentynine
Palms
Navy Port Hueneme LABORATORY COMPOUND FACILITIES 110,000 15,000
IMPROVEMENTS
Connecticut ................................
Navy Naval Submarine SUBMARINE PIER 31 EXTENSION 112,518 36,718
Base New London
Navy Naval Submarine WEAPONS MAGAZINE & ORDNANCE 219,200 19,200
Base New London OPERATIONS FAC.
District of Columbia ................................
[[Page S4109]]
Navy Marine Barracks BACHELOR ENLISTED QUARTERS & 131,800 16,800
Washington SUPPORT FACILITY
Djibouti ................................
Navy Camp Lemonnier ELECTRICAL POWER PLANT 0 20,000
Florida ................................
Navy Naval Air Station AHTS HANGAR 0 50,000
Whiting Field
Guam ................................
Navy Andersen Air Force PDI: CHILD DEVELOPMENT CENTER 105,220 55,220
Base
Navy Andersen Air Force PDI: JOINT CONSOL. COMM. CENTER 107,000 107,000
Base (INC)
Navy Joint Region PDI: JOINT COMMUNICATION UPGRADE 292,830 31,330
Marianas (INC)
Navy Joint Region PDI: MISSILE INTEGRATION TEST 174,540 44,540
Marianas FACILITY
Navy Naval Base Guam PDI: 9TH ESB TRAINING COMPLEX 23,380 23,380
Navy Naval Base Guam PDI: ARTILLERY BATTERY 137,550 67,550
FACILITIES
Navy Naval Base Guam PDI: CONSOLIDATED MEB HQ/NCIS 19,740 19,740
PHII
Navy Naval Base Guam PDI: RECREATION CENTER 34,740 34,740
Navy Naval Base Guam PDI: RELIGIOUS MINISTRY SERVICES 46,350 46,350
FACILITY
Navy Naval Base Guam PDI: SATELLITE COMMUNICATIONS 166,159 56,159
FACILITY (INC)
Navy Naval Base Guam PDI: TRAINING CENTER 89,640 89,640
Hawaii ................................
Navy Joint Base Pearl DRY DOCK 3 REPLACEMENT (INC) 1,318,711 1,318,711
Harbor-Hickam
Navy Joint Base Pearl WATERFRONT PRODUCTION FACILITY 0 60,000
Harbor-Hickam (P&D)
Navy Marine Corps Base WATER RECLAMATION FACILITY 0 40,000
Kaneohe Bay COMPLIANCE UPGRADE
Italy ................................
Navy Naval Air Station EDI: ORDNANCE MAGAZINES 77,072 77,072
Sigonella
Maine ................................
Navy Portsmouth Naval MULTI-MISSION DRYDOCK #1 544,808 544,808
Shipyard EXTENSION (INC)
Maryland ................................
Navy Fort Meade CYBERSECURITY OPERATIONS 186,480 60,580
FACILITY
Navy Naval Air Station AIRCRAFT DEVELOPMENT AND 141,700 62,000
Patuxent River MAINTENANCE FACILITIES
North Carolina ................................
Navy Marine Corps Air 2D LAAD MAINTENANCE AND 0 50,000
Station Cherry OPERATIONS FACILITIES
Point
Navy Marine Corps Air AIRCRAFT MAINTENANCE HANGAR 19,529 19,529
Station Cherry (INC)
Point
Navy Marine Corps Air MAINTENANCE FACILITY & MARINE 125,150 40,150
Station Cherry AIR GROUP HQS
Point
Navy Marine Corps Base 10TH MARINES MAINTENANCE & 0 20,000
Camp Lejeune OPERATIONS COMPLEX
Navy Marine Corps Base CORROSION REPAIR FACILITY 0 20,000
Camp Lejeune REPLACEMENT
Pennsylvania ................................
Navy Naval Surface AI MACHINERY CONTROL DEVELOPMENT 0 88,200
Warfare Center CENTER
Philadelphia
Virginia ................................
Navy Dam Neck Annex MARITIME SURVEILLANCE SYSTEM 109,680 109,680
FACILITY
Navy Joint Expeditionary CHILD DEVELOPMENT CENTER 35,000 35,000
Base Little Creek--
Fort Story
Navy Marine Corps Base WATER TREATMENT PLANT 127,120 37,120
Quantico
Navy Naval Station CHILD DEVELOPMENT CENTER 43,600 43,600
Norfolk
Navy Naval Station MQ-25 AIRCRAFT LAYDOWN 114,495 11,495
Norfolk FACILITIES
Navy Naval Station SUBMARINE PIER 3 (INC) 99,077 99,077
Norfolk
Navy Naval Weapons WEAPONS MAGAZINES 221,920 46,920
Station Yorktown
Navy Norfolk Naval DRY DOCK SALTWATER SYSTEM FOR 81,082 81,082
Shipyard CVN-78 (INC)
Washington ................................
Navy Naval Base Kitsap ALTERNATE POWER TRANSMISSION 0 19,000
LINE
Navy Naval Base Kitsap ARMORED FIGHTING VEHICLE SUPPORT 0 31,000
FACILITY
Navy Naval Base Kitsap SHIPYARD ELECTRICAL BACKBONE 195,000 15,000
Worldwide Unspecified ................................
Navy Unspecified BARRACKS REPLACEMENT FUND 0 75,000
Worldwide
Navy Unspecified INDOPACOM PLANNING & DESIGN 0 69,000
Worldwide
Navy Unspecified SIOP (P&D) 0 50,000
Worldwide
Navy Unspecified PLANNING & DESIGN 578,942 578,942
Worldwide
Locations
Navy Unspecified PLANNING & DESIGN 21,000 21,000
Worldwide
Locations
Navy Unspecified UNSPECIFIED MINOR CONSTRUCTION 34,430 34,430
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Navy 6,022,187 4,668,487
................... ................................
AIR FORCE
Alaska ................................
Air Force Eielson Air Force CONSOLIDATED MUNITIONS COMPLEX 0 1,200
Base (P&D)
Air Force Eielson Air Force JOINT PACIFIC ALASKA RANGE 0 1,100
Base COMPLEX (JPARC) OPS FACILITY
(P&D)
Air Force Joint Base EXTEND RUNWAY 16/34 (INC 3) 107,500 107,500
Elmendorf-
Richardson
Air Force Joint Base PRECISION GUIDED MISSILE COMPLEX 0 6,100
Elmendorf- (P&D)
Richardson
Arizona ................................
[[Page S4110]]
Air Force Luke Air Force Base GILA BEND (P&D) 0 2,600
Australia ................................
Air Force Royal Australian PDI: SQUADRON OPERATIONS 26,000 26,000
Air Force Base FACILITY
Darwin
Air Force Royal Australian PDI: AIRCRAFT MAINTENANCE 17,500 17,500
Air Force Base SUPPORT FACILITY
Tindal
Air Force Royal Australian PDI: SQUADRON OPERATIONS 20,000 20,000
Air Force Base FACILITY
Tindal
Air Force Royal Australian PDI: BOMBER APRON 93,000 93,000
Air Force Base
Tindal
Florida ................................
Air Force MacDill Air Force KC-46A ADAL AIRCRAFT CORROSION 25,000 25,000
Base CONTROL
Air Force MacDill Air Force KC-46A ADAL AIRCRAFT MAINTENANCE 27,000 27,000
Base HANGAR
Air Force MacDill Air Force KC-46A ADAL APRON & HYDRANT 61,000 61,000
Base FUELING PITS
Air Force MacDill Air Force KC-46A ADAL FUEL SYSTEM 18,000 18,000
Base MAINTENANCE DOCK
Air Force Patrick Space Force COMMERCIAL VEHICLE INSPECTION 15,000 15,000
Base
Air Force Patrick Space Force COST TO COMPLETE: CONSOLIDATED 15,000 15,000
Base COMMUNICATIONS CENTER
Air Force Patrick Space Force FINAL DENIAL BARRIERS, SOUTH 12,000 12,000
Base GATE
Air Force Tyndall Air Force NATURAL DISASTER RECOVERY 0 252,000
Base
Georgia ................................
Air Force Robins Air Force BATTLE MANAGEMENT COMBINED 115,000 115,000
Base OPERATIONS COMPLEX
Guam ................................
Air Force Joint Region PDI: NORTH AIRCRAFT PARKING RAMP 109,000 109,000
Marianas (INC)
Japan ................................
Air Force Kadena Air Base PDI: HELO RESCUE OPS MAINTENANCE 46,000 46,000
HANGAR (INC 3)
Air Force Kadena Air Base PDI: THEATER A/C CORROSION 42,000 42,000
CONTROL CTR (INC)
Louisiana ................................
Air Force Barksdale Air Force CHILD DEVELOPMENT CENTER (P&D) 0 2,000
Base
Air Force Barksdale Air Force DORMITORY (P&D) 0 7,000
Base
Air Force Barksdale Air Force WEAPONS GENERATION FACILITY (INC 112,000 112,000
Base 3)
Mariana Islands ................................
Air Force Tinian PDI: AIRFIELD DEVELOPMENT, PHASE 26,000 26,000
1 (INC 3)
Air Force Tinian PDI: FUEL TANKS W/PIPELINE & 20,000 20,000
HYDRANT (INC 3)
Air Force Tinian PDI: PARKING APRON (INC 3) 32,000 32,000
Massachusetts ................................
Air Force Hanscom Air Force CHILD DEVELOPMENT CENTER 37,000 37,000
Base
Air Force Hanscom Air Force MIT-LINCOLN LAB (WEST LAB CSL/ 70,000 70,000
Base MIF) (INC 4)
Mississippi ................................
Air Force Columbus Air Force T-7A GROUND BASED TRAINING 30,000 30,000
Base SYSTEM FACILITY
Air Force Columbus Air Force T-7A UNIT MAINTENANCE TRAINING 9,500 9,500
Base FACILITY
Air Force Keesler Air Force AIR TRAFFIC CONTROL TOWER (P&D) 0 2,000
Base
Nebraska ................................
Air Force Offutt Air Force 55 CES MAINTENANCE/WAREHOUSE 0 4,500
Base (P&D)
Air Force Offutt Air Force BASE OPERATIONS/MOBILITY CENTER 0 5,000
Base (P&D)
Air Force Offutt Air Force LOGISTICS READINESS SQUADRON 0 3,500
Base TRANSPORTATION FACILITY (P&D)
Nevada ................................
Air Force Nellis Air Force F-35 COALITION HANGAR (P&D) 0 5,500
Base
Air Force Nellis Air Force F-35 DATA LAB SUPPORT FACILITY 0 700
Base (P&D)
New Mexico ................................
Air Force Cannon Air Force SATELLITE FIRE STATION (P&D) 0 5,000
Base
Air Force Kirtland Air Force COST TO COMPLETE: WYOMING GATE 0 24,400
Base UPGRADE FOR ANTITERRORISM
COMPLIANCE
Norway ................................
Air Force Rygge Air Station EDI: DABS-FEV STORAGE 88,000 88,000
Air Force Rygge Air Station EDI: MUNITIONS STORAGE AREA 31,000 31,000
Ohio ................................
Air Force Wright-Patterson ACQUISITION MANAGEMENT COMPLEX 0 19,500
Air Force Base PHASE V (P&D)
Oklahoma ................................
Air Force Tinker Air Force KC-46 3-BAY DEPOT MAINTENANCE 78,000 78,000
Base HANGAR (INC 3)
Air Force Vance Air Force CONSOLIDATED UNDERGRADUATE PILOT 0 8,400
Base TRAINING CENTER (P&D)
Philippines ................................
Air Force Cesar Basa Air Base PDI: TRANSIENT AIRCRAFT PARKING 35,000 35,000
APRON
South Dakota ................................
Air Force Ellsworth Air Force B-21 FUEL SYSTEM MAINTENANCE 75,000 75,000
Base DOCK
Air Force Ellsworth Air Force B-21 PHASE HANGAR 160,000 160,000
Base
Air Force Ellsworth Air Force B-21 WEAPONS GENERATION FACILITY 160,000 160,000
Base (INC)
Spain ................................
Air Force Moron Air Base EDI: MUNITIONS STORAGE 26,000 26,000
Texas ................................
Air Force Joint Base San CHILD DEVELOPMENT CENTER 20,000 20,000
Antonio-Lackland
United Kingdom ................................
Air Force Royal Air Force COST TO COMPLETE: EDI DABS-FEV 0 28,000
Fairford STORAGE
Air Force Royal Air Force COST TO COMPLETE: EDI MUNITIONS 0 20,000
Fairford HOLDING AREA
Air Force Royal Air Force EDI: RADR STORAGE FACILITY 47,000 47,000
Fairford
Air Force Royal Air Force EDI: RADR STORAGE FACILITY 28,000 28,000
Lakenheath
Air Force Royal Air Force SURETY DORMITORY 50,000 50,000
Lakenheath
[[Page S4111]]
Utah ................................
Air Force Hill Air Force Base F-35 T-7A EAST CAMPUS 82,000 82,000
INFRASTRUCTURE
Worldwide Unspecified ................................
Air Force Unspecified BARRACKS REPLACEMENT FUND 0 50,000
Worldwide
Air Force Unspecified EDI: PLANNING & DESIGN 5,648 5,648
Worldwide
Locations
Air Force Unspecified PLANNING & DESIGN 338,985 338,985
Worldwide
Locations
Air Force Unspecified PLANNING & DESIGN 90,281 90,281
Worldwide
Locations
Air Force Unspecified UNSPECIFIED MINOR MILITARY 64,900 64,900
Worldwide CONSTRUCTION
Locations
Wyoming ................................
Air Force F.E. Warren Air COST TO COMPLETE: CONSOLIDATED 0 18,000
Force Base HELO/TRF OPS/AMU AND ALERT
FACILITY
Air Force F.E. Warren Air GBSD INTEGRATED COMMAND CENTER 27,000 27,000
Force Base (INC 2)
Air Force F.E. Warren Air GBSD INTEGRATED TRAINING CENTER 85,000 85,000
Force Base
Air Force F.E. Warren Air GBSD MISSILE HANDLING COMPLEX 28,000 28,000
Force Base (INC 2)
..................... ................................
Subtotal Military Construction, Air Force 2,605,314 3,071,814
................... ................................
DEFENSE-WIDE
Alabama ................................
Defense-Wide Redstone Arsenal GROUND TEST FACILITY 147,975 77,975
INFRASTRUCTURE
California ................................
Defense-Wide Marine Corps Air AMBULATORY CARE CENTER--DENTAL 103,000 20,600
Station Miramar CLINIC ADD//ALT
Defense-Wide Marine Corps Air ELECTRICAL INFRASTRUCTURE, ON- 0 30,550
Station Miramar SITE GENERATION, AND MICROGRID
IMPROVEMENTS
Defense-Wide Monterey COST TO COMPLETE: COGEN PLANT AT 0 5,460
B236
Defense-Wide Naval Base Coronado COST TO COMPLETE: ATC OPERATIONS 0 11,400
SUPPORT FACILITY
Defense-Wide Naval Base Coronado SOF NAVAL SPECIAL WARFARE 0 51,000
COMMAND OPERATIONS SUPPORT
FACILITY, PHASE 2
Defense-Wide Naval Base San AMBULATORY CARE CENTER--DENTAL 101,644 22,185
Diego CLINIC REPLMT
Defense-Wide Naval Base San MICROGRID AND BACKUP POWER 0 6,300
Diego
Defense-Wide Naval Base Ventura COST TO COMPLETE: GROUND MOUNTED 0 16,840
County SOLAR PV
Defense-Wide Vandenberg Space MICROGRID WITH BACKUP POWER 0 57,000
Force Base
Colorado ................................
Defense-Wide Buckley Space Force REDUNDANT ELECTRICAL SUPPLY 0 9,000
Base
Defense-Wide Buckley Space Force REPLACEMENT WATER WELL 0 5,700
Base
Cuba ................................
Defense-Wide Guantanamo Bay AMBULATORY CARE CENTER (INC 1) 60,000 60,000
Naval Station
Delaware ................................
Defense-Wide Dover Air Force ARMED SERVICES WHOLE BLOOD 0 30,500
Base PROCESSING LABORATORY
Djibouti ................................
Defense-Wide Camp Lemonnier COST TO COMPLETE: ENHANCE ENERGY 0 5,200
SECURITY AND CONTROL SYSTEMS
Georgia ................................
Defense-Wide Naval Submarine ELECTRICAL TRANSMISSION AND 0 49,500
Base Kings Bay DISTRIBUTION IMPROVEMENTS,
PHASE 2
Germany ................................
Defense-Wide Baumholder HUMAN PERFORMANCE TRAINING 0 16,700
CENTER
Defense-Wide Baumholder SOF COMPANY OPERATIONS FACILITY 41,000 41,000
Defense-Wide Baumholder SOF JOINT PARACHUTE RIGGING 23,000 23,000
FACILITY
Defense-Wide Kaiserslautern Air KAISERSLAUTERN MIDDLE SCHOOL 21,275 21,275
Base
Defense-Wide Ramstein Air Base RAMSTEIN MIDDLE SCHOOL 181,764 181,764
Defense-Wide Rhine Ordnance MEDICAL CENTER REPLACEMENT (INC 77,210 77,210
Barracks 11)
Defense-Wide Stuttgart ROBINSON BARRACKS ELEM SCHOOL 8,000 8,000
REPLACEMENT
Hawaii ................................
Defense-Wide Joint Base Pearl COST TO COMPLETE: FY20 500 KW PV 0 7,476
Harbor-Hickam COVERED PARKING EV CHARGING
STATION
Defense-Wide Joint Base Pearl COST TO COMPLETE: PRIMARY 0 13,040
Harbor-Hickam ELECTRICAL DISTRIBUTION
Honduras ................................
Defense-Wide Soto Cano Air Base FUEL FACILITIES 41,300 41,300
Italy ................................
Defense-Wide Naples COST TO COMPLETE: SMART GRID 0 7,610
Japan ................................
Defense-Wide Fleet Activities KINNICK HIGH SCHOOL (INC) 70,000 70,000
Yokosuka
Defense-Wide Kadena Air Base PDI SOF MAINTENANCE HANGAR 88,900 88,900
Defense-Wide Kadena Air Base PDI: SOF COMPOSITE MAINTENANCE 11,400 11,400
FACILITY
Kansas ................................
Defense-Wide Forbes Field MICROGRID AND BACKUP POWER 0 5,850
Defense-Wide Fort Riley COST TO COMPLETE: POWER 0 15,468
GENERATION AND MICROGRID
Korea ................................
Defense-Wide K-16 Air Base K-16 EMERGENCY BACKUP POWER 0 5,650
Kuwait ................................
Defense-Wide Camp Arifjan COST TO COMPLETE: POWER 0 8,197
GENERATION AND MICROGRID
[[Page S4112]]
Defense-Wide Camp Buehring MICROGRID AND BACKUP POWER 0 18,850
Louisiana ................................
Defense-Wide Naval Air Station COST TO COMPLETE: DISTRIBUTION 0 6,453
Joint Reserve Base SWITCHGEAR
New Orleans
Maryland ................................
Defense-Wide Bethesda Naval MEDICAL CENTER ADDITION/ 101,816 101,816
Hospital ALTERATION (INC 7)
Defense-Wide Fort Meade NSAW MISSION OPS AND RECORDS 105,000 105,000
CENTER (INC)
Defense-Wide Fort Meade NSAW RECAP BUILDING 4 (INC) 315,000 315,000
Defense-Wide Fort Meade NSAW RECAP BUILDING 5 (ECB 5) 65,000 65,000
(INC)
Defense-Wide Joint Base Andrews HYDRANT FUELING SYSTEM 38,300 38,300
Missouri ................................
Defense-Wide Lake City Army MICROGRID AND BACKUP POWER 0 80,100
Ammunition Plant
Montana ................................
Defense-Wide Great Falls FUEL FACILITIES 30,000 30,000
International
Airport
Nebraska ................................
Defense-Wide Offutt Air Force DEFENSE POW/MIA ACCOUNTABILITY 0 5,000
Base AGENCY LABORATORY (P&D)
Defense-Wide Offutt Air Force MICROGRID AND BACKUP POWER 0 41,000
Base
North Carolina ................................
Defense-Wide Fort Liberty (Camp MICROGRID AND BACKUP POWER 0 10,500
Mackall)
Defense-Wide Marine Corps Base MARINE RAIDER BATTALION 0 70,000
Camp Lejeune OPERATIONS FACILITY
Oklahoma ................................
Defense-Wide Fort Sill MICROGRID AND BACKUP POWER 0 76,650
Pennsylvania ................................
Defense-Wide Fort Indiantown Gap COST TO COMPLETE: GEOTHERMAL AND 0 9,250
SOLAR PV
Puerto Rico ................................
Defense-Wide Fort Buchanan MICROGRID AND BACKUP POWER 0 56,000
Defense-Wide Juana Diaz COST TO COMPLETE: MICROGRID 0 7,680
CONTROLS, 690 KW PV, 275KW GEN,
570 KWH BESS
Defense-Wide Ramey COST TO COMPLETE: MICROGRID 0 6,360
CONTROL SYSTEM, 460 KW PV,
275KW GEN, 660 KWH BESS
Spain ................................
Defense-Wide Naval Station Rota BULK TANK FARM, PHASE 1 80,000 80,000
Texas ................................
Defense-Wide Fort Cavazos COST TO COMPLETE: POWER 0 18,900
GENERATION AND MICROGRID
Defense-Wide Fort Cavazos MICROGRID AND BACKUP POWER 0 18,250
Utah ................................
Defense-Wide Hill Air Force Base OPEN STORAGE 14,200 14,200
Virginia ................................
Defense-Wide Fort Belvoir DIA HEADQUARTERS ANNEX 185,000 25,000
Defense-Wide Hampton Roads COST TO COMPLETE: BACKUP POWER 0 1,200
GENERATION
Defense-Wide Joint Expeditionary SOF SDVT2 OPERATIONS SUPPORT 61,000 61,000
Base Little Creek-- FACILITY
Fort Story
Defense-Wide Fort Belvoir (NGA COST TO COMPLETE: CHILLED WATER 0 550
Campus East) REDUNDANCY
Defense-Wide Pentagon HVAC EFFICIENCY UPGRADES 0 2,250
Defense-Wide Pentagon SEC OPS AND PEDESTRIAN ACCESS 30,600 30,600
FACS
Washington ................................
Defense-Wide Joint Base Lewis- POWER GENERATION AND MICROGRID 0 49,850
McChord
Defense-Wide Joint Base Lewis- SOF CONSOLIDATED RIGGING 62,000 62,000
McChord FACILITY
Defense-Wide Manchester BULK STORAGE TANKS, PHASE 2 71,000 71,000
Defense-Wide Naval Undersea SOF COLD WATER TRAINING AUSTERE 0 37,000
Warfare Center ENVIRONMENT FACILITY
Keyport
Worldwide Unspecified ................................
Defense-Wide Unspecified INDOPACOM UNSPECIFIED MINOR 0 62,000
Worldwide MILITARY CONSTRUCTION
Defense-Wide Unspecified ENERGY RESILIENCE AND CONSERV. 548,000 0
Worldwide INVEST. PROG.
Locations
Defense-Wide Unspecified ERCIP PLANNING & DESIGN 86,250 86,250
Worldwide
Locations
Defense-Wide Unspecified EXERCISE RELATED MINOR 11,107 11,107
Worldwide CONSTRUCTION
Locations
Defense-Wide Unspecified PLANNING & DESIGN 49,610 49,610
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 32,579 32,579
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 30,215 30,215
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 25,130 25,130
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 24,000 24,000
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 8,568 8,568
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 3,068 3,068
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 2,000 2,000
Worldwide
Locations
[[Page S4113]]
Defense-Wide Unspecified PLANNING & DESIGN 1,035 1,035
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 590 590
Worldwide
Locations
Defense-Wide Unspecified UNSPECIFIED MINOR CONSTRUCTION 19,271 19,271
Worldwide
Locations
Defense-Wide Unspecified UNSPECIFIED MINOR CONSTRUCTION 3,000 3,000
Worldwide
Locations
Defense-Wide Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 4,875 4,875
Locations
Wyoming ................................
Defense-Wide F.E. Warren Air MICROGRID AND BATTERY STORAGE 0 25,000
Force Base
..................... ................................
Subtotal Military Construction, Defense-Wide 2,984,682 3,006,107
................... ................................
ARMY NATIONAL GUARD
Alabama ................................
Army National Guard Fort McClellan COST TO COMPLETE: ENLISTED 0 7,000
BARRACKS, TT
Army National Guard Huntsville COST TO COMPLETE: NATIONAL GUARD 0 4,650
READINESS CENTER
Arizona ................................
Army National Guard Surprise Readiness NATIONAL GUARD READINESS CENTER 15,000 15,000
Center
Arkansas ................................
Army National Guard Fort Chaffee COST TO COMPLETE: NATIONAL GUARD 0 610
READINESS CENTER
California ................................
Army National Guard Bakersfield COST TO COMPLETE: VEHICLE 0 1,000
MAINTENANCE SHOP
Army National Guard Camp Roberts COST TO COMPLETE: AUTOMATED 0 5,000
MULTIPURPOSE MACHINE GUN (MPMG)
RANGE
Colorado ................................
Army National Guard Peterson Space COST TO COMPLETE: NATIONAL GUARD 0 3,000
Force Base READINESS CENTER
Connecticut ................................
Army National Guard Putnam COST TO COMPLETE: NATIONAL GUARD 0 6,125
READINESS CENTER
Florida ................................
Army National Guard Camp Blanding MULTIPURPOSE MACHINE GUN RANGE 0 11,000
Guam ................................
Army National Guard Barrigada COST TO COMPLETE: NATIONAL GUARD 0 6,900
READINESS CENTER
Idaho ................................
Army National Guard Jerome COST TO COMPLETE: NATIONAL GUARD 0 1,250
READINESS CENTER
Army National Guard Jerome County NATIONAL GUARD VEHICLE 17,000 17,000
Regional Site MAINTENANCE SHOP
Illinois ................................
Army National Guard Bloomington COST TO COMPLETE: NATIONAL GUARD 0 5,250
VEHICLE MAINTENANCE SHOP
Army National Guard North Riverside NATIONAL GUARD VEHICLE 24,000 24,000
Armory MAINTENANCE SHOP
Indiana ................................
Army National Guard Shelbyville COST TO COMPLETE: NATIONAL GUARD 0 5,000
READINESS CENTER ADD/ALT
Kansas ................................
Army National Guard Topeka COST TO COMPLETE: NATIONAL GUARD/ 0 5,856
RESERVE CENTER BUILDING
Kentucky ................................
Army National Guard Burlington VEHICLE MAINTENANCE SHOP 0 16,400
Army National Guard Frankfort COST TO COMPLETE: NATIONAL GUARD/ 0 2,000
RESERVE CENTER BUILDING
Louisiana ................................
Army National Guard Camp Beauregard COLLECTIVE TRAINING 0 2,400
UNACCOMPANIED HOUSING OPEN-BAY
(P&D)
Army National Guard Camp Beauregard COST TO COMPLETE: NATIONAL GUARD 0 2,000
READINESS CENTER
Army National Guard Camp Minden COST TO COMPLETE: COLLECTIVE 0 3,718
TRAINING UNACCOMPANIED HOUSING,
OPEN BAY
Maine ................................
Army National Guard Northern Maine AUTOMATED MULTIPURPOSE MACHINE 0 2,800
Range Complex GUN RANGE (P&D)
Army National Guard Saco COST TO COMPLETE: NATIONAL GUARD 0 7,420
VEHICLE MAINTENANCE SHOP
Massachusetts ................................
Army National Guard Camp Edwards COST TO COMPLETE: AUTOMATED 0 3,000
MULTIPURPOSE MACHINE GUN (MPMG)
RANGE
Mississippi ................................
Army National Guard Camp Shelby CAMP SHELBY JFTC RAILHEAD 0 2,200
EXPANSION (P&D)
[[Page S4114]]
Army National Guard Camp Shelby COST TO COMPLETE: MANEUVER AREA 0 5,425
TRAINING EQUIPMENT SITE
ADDITION
Army National Guard Southaven NATIONAL GUARD READINESS CENTER 0 22,000
Missouri ................................
Army National Guard Belle Fontaine NATIONAL GUARD READINESS CENTER 28,000 28,000
Nebraska ................................
Army National Guard Bellevue COST TO COMPLETE: NATIONAL GUARD 0 9,090
READINESS CENTER
Army National Guard Greenlief Training COLLECTIVE TRAINING 0 1,200
Site UNACCOMPANIED HOUSING OPEN-BAY
(P&D)
Army National Guard Mead Training Site COST TO COMPLETE: COLLECTIVE 0 1,913
TRAINING UNACCOMPANIED HOUSING,
OPEN BAY
Army National Guard North Platte COST TO COMPLETE: NATIONAL GUARD 0 400
VEHICLE MAINTENANCE SHOP
New Hampshire ................................
Army National Guard Concord COST TO COMPLETE: NATIONAL GUARD 0 200
READINESS CENTER
Army National Guard Littleton NATIONAL GUARD VEHICLE 23,000 23,000
MAINTENANCE SHOP ADD
New Jersey ................................
Army National Guard Joint Base McGuire- COST TO COMPLETE: NATIONAL GUARD 0 605
Dix-Lakehurst READINESS CENTER
New Mexico ................................
Army National Guard Rio Rancho Training NATIONAL GUARD VEHICLE 11,000 11,000
Site MAINTENANCE SHOP ADD
New York ................................
Army National Guard Lexington Avenue NATIONAL GUARD READINESS CENTER 0 70,000
Armory
North Carolina ................................
Army National Guard Salisbury ARMY AVIATION SUPPORT FACILITIES 0 2,200
(P&D)
North Dakota ................................
Army National Guard Camp Grafton INSTITUTIONAL POST-INITIAL 0 1,950
MILITARY TRAINING,
UNACCOMPANIED HOUSING (P&D)
Army National Guard Dickinson COST TO COMPLETE: NATIONAL GUARD 0 5,425
READINESS CENTER
Ohio ................................
Army National Guard Camp Perry Joint NATIONAL GUARD READINESS CENTER 19,200 19,200
Training Center
Army National Guard Columbus COST TO COMPLETE: NATIONAL GUARD 0 4,000
READINESS CENTER
Oklahoma ................................
Army National Guard Ardmore COST TO COMPLETE: VEHICLE 0 400
MAINTENANCE SHOP
Oregon ................................
Army National Guard Washington County NATIONAL GUARD READINESS CENTER 26,000 26,000
Readiness Center
Pennsylvania ................................
Army National Guard Hermitage Readiness NATIONAL GUARD READINESS CENTER 13,600 13,600
Center
Army National Guard Moon Township COST TO COMPLETE: COMBINED 0 3,100
SUPPORT MAINTENANCE SHOP
Puerto Rico ................................
Army National Guard Fort Allen COST TO COMPLETE: NATIONAL GUARD 0 3,676
READINESS CENTER
Rhode Island ................................
Army National Guard Camp Fogarty COLLECTIVE TRAINING 0 1,990
Training Site UNACCOMPANIED HOUSING OPEN-BAY
(P&D)
Army National Guard North Kingstown NATIONAL GUARD READINESS CENTER 0 30,000
South Carolina ................................
Army National Guard Aiken County NATIONAL GUARD READINESS CENTER 20,000 20,000
Readiness Center
Army National Guard Joint Base COST TO COMPLETE: NATIONAL GUARD 0 4,373
Charleston READINESS CENTER
Army National Guard McCrady Training AUTOMATED MULTIPURPOSE MACHINE 7,900 7,900
Center GUN RANGE
South Dakota ................................
Army National Guard Sioux Falls COST TO COMPLETE: NATIONAL GUARD 0 5,250
READINESS CENTER
Tennessee ................................
Army National Guard Campbell Army Air ARMY AIR TRAFFIC CONTROL TOWERS 0 2,500
Field (P&D)
Army National Guard McMinnville COST TO COMPLETE: NATIONAL GUARD 0 500
READINESS CENTER
Texas ................................
Army National Guard Fort Cavazos GENERAL INSTRUCTION BUILDING 0 2,685
(P&D)
Army National Guard Fort Worth COST TO COMPLETE: AIRCRAFT 0 6,489
MAINTENANCE HANGAR ADD/ALT
[[Page S4115]]
Army National Guard Fort Worth COST TO COMPLETE: NATIONAL GUARD 0 381
VEHICLE MAINTENANCE SHOP
Utah ................................
Army National Guard Camp Williams COLLECTIVE TRAINING 0 2,875
UNACCOMPANIED HOUSING, SENIOR
NCO AND OFFICER (P&D)
Vermont ................................
Army National Guard Bennington COST TO COMPLETE: NATIONAL GUARD 0 3,415
READINESS CENTER
Virgin Islands ................................
Army National Guard St. Croix COST TO COMPLETE: ARMY AVIATION 0 4,200
SUPPORT FACILITY
Army National Guard St. Croix COST TO COMPLETE: READY BUILDING 0 1,710
Virginia ................................
Army National Guard Sandston Rc & FMS 1 AIRCRAFT MAINTENANCE HANGAR 20,000 20,000
Army National Guard Troutville COST TO COMPLETE: COMBINED 0 2,415
SUPPORT MAINTENANCE SHOP
ADDITION
Army National Guard Troutville COST TO COMPLETE: NATIONAL GUARD 0 2,135
READINESS CENTER ADDITION
West Virginia ................................
Army National Guard Parkersburg NATIONAL GUARD READINESS CENTER 0 3,300
(P&D)
Wisconsin ................................
Army National Guard Viroqua NATIONAL GUARD READINESS CENTER 18,200 18,200
Worldwide Unspecified ................................
Army National Guard Unspecified PLANNING & DESIGN 34,286 34,286
Worldwide
Locations
Army National Guard Unspecified UNSPECIFIED MINOR CONSTRUCTION 63,000 63,000
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Army National Guard 340,186 650,567
................... ................................
ARMY RESERVE
Alabama ................................
Army Reserve Birmingham ARMY RESERVE CENTER/AMSA/LAND 57,000 57,000
Arizona ................................
Army Reserve San Tan Valley AREA MAINTENANCE SUPPORT 12,000 12,000
ACTIVITY
California ................................
Army Reserve Camp Pendleton COST TO COMPLETE: AREA 0 3,000
MAINTENANCE SUPPORT ACTIVITY
Army Reserve Fort Hunter Liggett NETWORK ENTERPRISE CENTER 0 40,000
Florida ................................
Army Reserve Perrine COST TO COMPLETE: ARMY RESERVE 0 3,000
CENTER
North Carolina ................................
Army Reserve Asheville COST TO COMPLETE: ARMY RESERVE 0 12,000
CENTER
Ohio ................................
Army Reserve Wright-Patterson COST TO COMPLETE: ARMY RESERVE 0 5,000
Air Force Base CENTER
Worldwide Unspecified ................................
Army Reserve Unspecified PLANNING & DESIGN 23,389 23,389
Worldwide
Locations
Army Reserve Unspecified UNSPECIFIED MINOR CONSTRUCTION 14,687 14,687
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Army Reserve 107,076 170,076
................... ................................
NAVY RESERVE & MARINE CORPS RESERVE
Michigan ................................
Navy Reserve & Marine Battle Creek ORGANIC SUPPLY FACILITIES 24,549 24,549
Corps Reserve
Virginia ................................
Navy Reserve & Marine Marine Forces G/ATOR SUPPORT FACILITIES 12,400 12,400
Corps Reserve Reserve Dam Neck
Virginia Beach
Worldwide Unspecified ................................
Navy Reserve & Marine Unspecified MCNR PLANNING & DESIGN 6,495 6,495
Corps Reserve Worldwide
Locations
Navy Reserve & Marine Unspecified MCNR UNSPECIFIED MINOR 7,847 7,847
Corps Reserve Worldwide CONSTRUCTION
Locations
..................... ................................
Subtotal Military Construction, Navy Reserve & Marine Corps Reserve 51,291 51,291
................... ................................
AIR NATIONAL GUARD
[[Page S4116]]
Alabama ................................
Air National Guard Montgomery Regional F-35 ADAL SQ OPS BLDG 1303 7,000 7,000
Airport
Alaska ................................
Air National Guard Eielson Air Force AMC STANDARD DUAL BAY HANGAR 0 3,700
Base (P&D)
Air National Guard Joint Base ADAL ALERT CREW FACILITY HGR 18 0 7,000
Elmendorf-
Richardson
Arizona ................................
Air National Guard Tucson MCCA: AIRCRAFT ARRESTING SYSTEM 11,600 11,600
International (NEW RWY)
Airport
Arkansas ................................
Air National Guard Ebbing Air National 3-BAY HANGAR 0 54,000
Guard Base
Air National Guard Ebbing Air National AIRCREW FLIGHT EQUIPMENT/STEP 0 9,300
Guard Base
Air National Guard Ebbing Air National SPECIAL ACCESS PROGRAM FACILITY 0 12,700
Guard Base
Colorado ................................
Air National Guard Buckley Space Force AIRCRAFT CORROSION CONTROL 12,000 12,000
Base
Indiana ................................
Air National Guard Fort Wayne FIRE STATION 8,900 8,900
International
Airport
Mississippi ................................
Air National Guard Field Air National COST TO COMPLETE: 172ND AIRLIFT 0 8,000
Guard Base WING FIRE/CRASH RESCUE STATION
Missouri ................................
Air National Guard Rosecrans Air 139TH AIRLIFT WING ENTRY CONTROL 0 2,000
National Guard POINT (P&D)
Base
Air National Guard Rosecrans Air ENTRY CONTROL POINT (P&D) 0 2,000
National Guard
Base
Oregon ................................
Air National Guard Portland SPECIAL TACTICS COMPLEX, PHASE 1 22,000 22,000
International
Airport
Air National Guard Portland SPECIAL TACTICS COMPLEX, PHASE 2 18,500 18,500
International
Airport
Air National Guard Portland SPECIAL TACTICS COMPLEX, PHASE 3 0 20,000
International
Airport
Air National Guard Portland SPECIAL TACTICS COMPLEX, PHASE 4 0 11,000
International
Airport
Pennsylvania ................................
Air National Guard Harrisburg ENTRY CONTROL FACILITY 0 8,000
International
Airport
Wisconsin ................................
Air National Guard Truax Field F-35: MM&I FAC, B701 0 5,200
Air National Guard Volk Air National FIRE/CRASH RESCUE STATION (P&D) 0 670
Guard Base
Worldwide Unspecified ................................
Air National Guard Unspecified PLANNING & DESIGN 35,600 35,600
Worldwide
Locations
Air National Guard Unspecified UNSPECIFIED MINOR CONSTRUCTION 63,122 63,122
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Air National Guard 178,722 322,292
................... ................................
AIR FORCE RESERVE
Arizona ................................
Air Force Reserve Davis-Monthan Air GUARDIAN ANGEL POTFF FACILITY 0 8,500
Force Base
California ................................
Air Force Reserve March Air Reserve KC-46 ADD/ALTER B1244 FUT/CARGO 17,000 17,000
Base PALLET STORAGE
Air Force Reserve March Air Reserve KC-46 ADD/ALTER B6000 SIMULATOR 8,500 8,500
Base FACILITY
Air Force Reserve March Air Reserve KC-46 TWO BAY MAINTENANCE/FUEL 201,000 201,000
Base HANGAR
Guam ................................
Air Force Reserve Joint Region AERIAL PORT FACILITY 27,000 27,000
Marianas
Louisiana ................................
Air Force Reserve Barksdale Air Force 307 BW MEDICAL FACILITY ADDITION 0 7,000
Base
Ohio ................................
Air Force Reserve Youngstown Air BASE FIRE STATION (P&D) 0 2,500
Reserve Station
Texas ................................
Air Force Reserve Naval Air Station LRS WAREHOUSE 16,000 16,000
Joint Reserve Base
Fort Worth
Worldwide Unspecified ................................
[[Page S4117]]
Air Force Reserve Unspecified PLANNING & DESIGN 12,146 12,146
Worldwide
Locations
Air Force Reserve Unspecified UNSPECIFIED MINOR MILITARY 9,926 9,926
Worldwide CONSTRUCTION
Locations
..................... ................................
Subtotal Military Construction, Air Force Reserve 291,572 309,572
................... ................................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified ................................
NATO NATO Security NATO SECURITY INVESTMENT PROGRAM 293,434 293,434
Investment Program
..................... ................................
Subtotal NATO Security Investment Program 293,434 293,434
................... ................................
................... ................................
INDOPACIFIC COMBATANT COMMAND
Worldwide Unspecified ................................
MILCON, INDOPACOM Unspecified INDOPACOM MILITARY CONSTRUCTION 0 150,000
Worldwide PILOT PROGRAM
Locations
..................... ................................
Subtotal Base Realignment and Closure--Defense-Wide 0 150,000
................... ................................
TOTAL INDOPACIFIC COMBATANT COMMAND 0 150,000
................... ................................
TOTAL MILITARY CONSTRUCTION 14,345,019 14,345,019
................... ................................
FAMILY HOUSING
FAMILY HOUSING CONSTRUCTION, ARMY
Georgia ................................
Fam Hsg Con, Army Fort Eisenhower FORT EISENHOWER MHPI EQUITY 50,000 50,000
INVESTMENT
Germany ................................
Fam Hsg Con, Army Baumholder FAMILY HOUSING NEW CONSTRUCTION 78,746 78,746
Kwajalein ................................
Fam Hsg Con, Army Kwajalein Atoll FAMILY HOUSING REPLACEMENT 98,600 98,600
CONSTRUCTION
Missouri ................................
Fam Hsg Con, Army Fort Leonard Wood FORT LEONARD WOOD MHPI EQUITY 50,000 50,000
INVESTMENT
Worldwide Unspecified ................................
Fam Hsg Con, Army Unspecified FAMILY HOUSING P&D 27,549 27,549
Worldwide
Locations
..................... ................................
Subtotal Family Housing Construction, Army 304,895 304,895
................... ................................
FAMILY HOUSING O&M, ARMY
Worldwide Unspecified ................................
Fam Hsg O&M, Army Unspecified FURNISHINGS 12,121 12,121
Worldwide
Locations
Fam Hsg O&M, Army Unspecified HOUSING PRIVATIZATION SUPPORT 86,019 86,019
Worldwide
Locations
Fam Hsg O&M, Army Unspecified LEASING 112,976 112,976
Worldwide
Locations
Fam Hsg O&M, Army Unspecified MAINTENANCE 86,706 86,706
Worldwide
Locations
Fam Hsg O&M, Army Unspecified MANAGEMENT 41,121 41,121
Worldwide
Locations
Fam Hsg O&M, Army Unspecified MISCELLANEOUS 554 554
Worldwide
Locations
Fam Hsg O&M, Army Unspecified SERVICES 7,037 7,037
Worldwide
Locations
Fam Hsg O&M, Army Unspecified UTILITIES 38,951 38,951
Worldwide
Locations
..................... ................................
Subtotal Family Housing Operation And Maintenance, Army 385,485 385,485
................... ................................
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
Guam ................................
Fam Hsg Con, Navy & Joint Region REPLACE ANDERSEN HOUSING, PHASE 121,906 121,906
Marine Corps Marianas 8
Fam Hsg Con, Navy & Naval Support REPLACE ANDERSEN HOUSING (AF), 83,126 83,126
Marine Corps Activity Andersen PHASE 7
Worldwide Unspecified ................................
Fam Hsg Con, Navy & Unspecified DESIGN, WASHINGTON DC 4,782 4,782
Marine Corps Worldwide
Locations
[[Page S4118]]
Fam Hsg Con, Navy & Unspecified IMPROVEMENTS, WASHINGTON DC 57,740 57,740
Marine Corps Worldwide
Locations
Fam Hsg Con, Navy & Unspecified USMC DPRI/GUAM PLANNING & DESIGN 9,588 9,588
Marine Corps Worldwide
Locations
..................... ................................
Subtotal Family Housing Construction, Navy & Marine Corps 277,142 277,142
FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified ................................
Fam Hsg O&M, Navy & Unspecified FURNISHINGS 17,744 17,744
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified HOUSING PRIVATIZATION SUPPORT 65,655 65,655
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified LEASING 60,214 60,214
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified MAINTENANCE 101,356 101,356
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified MANAGEMENT 61,896 61,896
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified MISCELLANEOUS 419 419
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified SERVICES 13,250 13,250
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified UTILITIES 43,320 43,320
Marine Corps Worldwide
Locations
..................... ................................
Subtotal Family Housing Operation & Maintenance, Navy & Marine Corps 363,854 363,854
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Alabama ................................
Fam Hsg Con, Air Force Maxwell Air Force MHPI RESTRUCTURE-AETC GROUP II 65,000 65,000
Base
Colorado ................................
Fam Hsg Con, Air Force U.S. Air Force CONSTRUCTION IMPROVEMENT-- 9,282 9,282
Academy CARLTON HOUSE
Hawaii ................................
Fam Hsg Con, Air Force Joint Base Pearl MHPI RESTRUCTURE-JOINT BASE 75,000 75,000
Harbor-Hickam PEARL HARBOR-HICKAM
Mississippi ................................
Fam Hsg Con, Air Force Keesler Air Force MHPI RESTRUCTURE-SOUTHERN GROUP 80,000 80,000
Base
Worldwide Unspecified ................................
Fam Hsg Con, Air Force Unspecified PLANNING & DESIGN 7,815 7,815
Worldwide
Locations
..................... ................................
Subtotal Family Housing Construction, Air Force 237,097 237,097
................... ................................
FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified ................................
Fam Hsg O&M, Air Force Unspecified FURNISHINGS 12,884 23,884
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified HOUSING PRIVATIZATION SUPPORT 31,803 31,803
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified LEASING 5,143 5,143
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified MAINTENANCE 135,410 124,410
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified MANAGEMENT 68,023 68,023
Worldwide
Locations
[[Page S4119]]
Fam Hsg O&M, Air Force Unspecified MISCELLANEOUS 2,377 2,377
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified SERVICES 10,692 10,692
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified UTILITIES 48,054 48,054
Worldwide
Locations
..................... ................................
Subtotal Family Housing Operation And Maintenance, Air Force 314,386 314,386
................... ................................
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified ................................
Fam Hsg O&M, Defense- Unspecified FURNISHINGS 673 673
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified FURNISHINGS 89 89
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified LEASING 32,042 32,042
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified LEASING 13,658 13,658
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified MAINTENANCE 35 35
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified UTILITIES 4,273 4,273
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified UTILITIES 15 15
Wide Worldwide
Locations
..................... ................................
Subtotal Family Housing Operation And Maintenance, Defense-Wide 50,785 50,785
................... ................................
FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified ................................
Family Housing Unspecified ADMINISTRATIVE EXPENSES--FHIF 6,611 6,611
Improvement Fund Worldwide
Locations
..................... ................................
Subtotal Family Housing Improvement Fund 6,611 6,611
................... ................................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified ................................
Unaccompanied Housing Unspecified ADMINISTRATIVE EXPENSES--UHIF 496 496
Improvement Fund Worldwide
Locations
..................... ................................
Subtotal Unaccompanied Housing Improvement Fund 496 496
................... ................................
TOTAL FAMILY HOUSING 1,940,751 1,940,751
DEFENSE BASE REALIGNMENT AND CLOSURE
BASE REALIGNMENT AND CLOSURE, ARMY
Worldwide Unspecified ................................
BRAC, Army Unspecified BASE REALIGNMENT AND CLOSURE 150,640 150,640
Worldwide
Locations
..................... ................................
Subtotal Base Realignment and Closure--Army 150,640 150,640
................... ................................
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified ................................
BRAC, Navy Unspecified BASE REALIGNMENT AND CLOSURE 108,818 108,818
Worldwide
Locations
..................... ................................
Subtotal Base Realignment and Closure--Navy 108,818 108,818
................... ................................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified ................................
BRAC, Air Force Unspecified BASE REALIGNMENT AND CLOSURE 123,990 123,990
Worldwide
Locations
..................... ................................
Subtotal Base Realignment and Closure--Air Force 123,990 123,990
................... ................................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified ................................
BRAC, Defense-Wide Unspecified INT-4: DLA ACTIVITIES 5,726 5,726
Worldwide
Locations
[[Page S4120]]
..................... ................................
Subtotal Base Realignment and Closure--Defense-Wide 5,726 5,726
................... ................................
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 389,174 389,174
................... ................................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 16,674,944 16,674,944
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2024 Senate
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 177,733 177,733
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons Activities................ 18,832,947 19,108,947
Defense Nuclear Nonproliferation.. 2,508,959 2,483,959
Naval Reactors.................... 1,964,100 1,964,100
Federal Salaries and Expenses..... 538,994 538,994
Total, National Nuclear Security 23,845,000 24,096,000
Administration.........................
Defense Environmental Cleanup....... 7,073,587 7,073,587
Defense Uranium Enrichment D&D...... 427,000 0
Other Defense Activities............ 1,075,197 1,075,197
Total, Atomic Energy Defense Activities. 32,420,784 32,244,784
Total, Discretionary Funding............ 32,598,517 32,422,517
Nuclear Energy
Safeguards and security................. 177,733 177,733
Total, Nuclear Energy................... 177,733 177,733
National Nuclear Security Administration
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 449,850 449,850
W88 Alteration program.............. 178,823 178,823
W80-4 Life extension program........ 1,009,929 1,009,929
W80-4 ALT Nuclear-armed sea-launched 0 75,000
cruise missile.....................
Program increase.................. (75,000)
W87-1 Modification Program.......... 1,068,909 1,068,909
W93................................. 389,656 389,656
Subtotal, Stockpile major modernization. 3,097,167 3,172,167
Stockpile sustainment..................... 1,276,578 1,276,578
Weapons dismantlement and disposition..... 53,718 53,718
Production operations..................... 710,822 710,822
Nuclear enterprise assurance.............. 66,614 66,614
Total, Stockpile management............. 5,204,899 5,279,899
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 833,100 833,100
21-D-512 Plutonium Pit 670,000 670,000
Production Project, LANL.......
15-D-302 TA-55 Reinvestments 30,000 30,000
Project, Phase 3, LANL.........
07-D-220-04 Transuranic Liquid 0 0
Waste Facility, LANL...........
04-D-125 Chemistry and 227,122 227,122
Metallurgy Research Replacement
Project, LANL..................
Subtotal, Los Alamos Plutonium 1,760,222 1,760,222
Modernization..........................
Savannah River Plutonium Modernization
Savannah River Plutonium 62,764 62,764
Operations.....................
21-D-511 Savannah River 858,235 858,235
Plutonium Processing Facility,
SRS............................
Subtotal, Savannah River Plutonium 920,999 920,999
Modernization..........................
Enterprise Plutonium Support.......... 87,779 87,779
[[Page S4121]]
Total, Plutonium Modernization.......... 2,769,000 2,769,000
High Explosives & Energetics
High Explosives & Energetics.... 93,558 93,558
23-D-516 Energetic Materials 0 19,000
Characterization Facility, LANL
Restore project............... (19,000)
21-D-510 HE Synthesis, 0 110,000
Formulation, and Production, PX
Restore project............... (110,000)
15-D-301 HE Science & 101,356 101,356
Engineering Facility, PX.......
Subtotal, High Explosives & Energetics.. 194,914 323,914
Total, Primary Capability Modernization. 2,963,914 3,092,914
Secondary Capability Modernization
Secondary Capability Modernization...... 666,914 666,914
18-D-690 Lithium Processing Facility, Y- 210,770 210,770
12.....................................
06-D-141 Uranium Processing Facility, Y- 760,000 760,000
12.....................................
Total, Secondary Capability 1,637,684 1,637,684
Modernization..........................
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment. 592,992 592,992
18-D-650 Tritium Finishing Facility, SRS 0 0
Total, Tritium and Domestic Uranium 592,992 592,992
Enrichment.............................
Non-Nuclear Capability Modernization
Non-Nuclear Capability Modernization.... 166,990 166,990
22-D-513 Power Sources Capability, SNL.. 37,886 37,886
Total, Non-Nuclear Capability 204,876 204,876
Modernization..........................
Capability Based Investments.............. 156,462 156,462
Total, Production Modernization......... 5,555,928 5,684,928
Stockpile research, technology, and
engineering
Assessment Science
Assessment Science.................. 917,751 926,751
Program increase for Krypton (9,000)
Fluoride laser...................
14-D-640 U1a Complex Enhancements 126,570 126,570
Project, NNSS......................
Total, Assessment Science............... 1,044,321 1,053,321
Engineering and integrated assessments 440,456 440,456
Inertial confinement fusion........... 601,650 641,650
Program increase.................... (40,000)
Advanced simulation and computing..... 782,472 792,472
Program increase.................... (10,000)
Weapon technology and manufacturing 327,745 327,745
maturation...........................
Academic programs..................... 152,271 152,271
Total, Stockpile research, technology, 3,348,915 3,407,915
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,053,000 1,053,000
Safety and Environmental Operations. 139,114 139,114
Maintenance and Repair of Facilities 718,000 718,000
Recapitalization
Infrastructure and Safety......... 650,012 650,012
Subtotal, Recapitalization.............. 650,012 650,012
Total, Operating........................ 2,560,126 2,560,126
Mission enabling construction
22-D-510 Analytic Gas Laboratory, PX 35,000 35,000
22-D-511 Plutonium Production 48,500 48,500
Building, LANL.....................
22-D-512 TA-46 Protective Force 48,500 48,500
Facility, LANL.....................
22-D-517 Electrical Power Capacity 75,000 75,000
Upgrade, LANL......................
22-D-518 Plutonium Modernization Ops 0 0
& Waste Mngmt Office Bldg, LANL....
23-D-519 Special Material Facility, 0 0
Y-12...............................
Total, Mission enabling construction.... 207,000 207,000
Total, Infrastructure and operations.... 2,767,126 2,767,126
Secure transportation asset
Operations and equipment.............. 239,008 239,008
Program direction..................... 118,056 118,056
Total, Secure transportation asset...... 357,064 357,064
Defense nuclear security
Operations and maintenance............ 988,756 991,756
Program increase.................... (3,000)
Construction:
17-D-710 West End Protected Area 28,000 38,000
Reduction Project, Y-12............
Program increase.................. (10,000)
Subtotal, Construction.................. 28,000 38,000
Total, Defense nuclear security......... 1,016,756 1,029,756
Information technology and cybersecurity.. 578,379 578,379
Legacy contractor pensions................ 65,452 65,452
Total, Weapons Activities............... 18,894,519 19,170,519
Adjustments
Use of prior year balances............ -61,572 -61,572
Total, Adjustments...................... -61,572 -61,572
Total, Weapons Activities............... 18,832,947 19,108,947
[[Page S4122]]
Defense Nuclear Nonproliferation
Material Management and Minimization
Conversion (formerly HEU Reactor 116,675 116,675
Conversion)..........................
Nuclear material removal.............. 47,100 47,100
Material disposition.................. 282,250 282,250
Total, Material Management and 446,025 446,025
Minimization...........................
Global Material Security
International nuclear security........ 84,707 84,707
Radiological security................. 258,033 258,033
Nuclear smuggling detection and 181,308 181,308
deterrence...........................
Total, Global Material Security......... 524,048 524,048
Nonproliferation and Arms Control....... 212,358 212,358
Defense Nuclear Nonproliferation R&D
Proliferation detection............... 290,388 290,388
Nonproliferation stewardship program.. 107,437 107,437
Nuclear detonation detection.......... 285,603 285,603
Forensics R&D......................... 44,759 44,759
Nonproliferation fuels development.... 0 0
Total, Defense Nuclear Nonproliferation 728,187 728,187
R&D....................................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 77,211 77,211
Project, SRS.........................
Total, Nonproliferation Construction.... 77,211 77,211
NNSA Bioassurance Program............... 25,000 0
Program reduction..................... (-25,000)
Legacy contractor pensions.............. 22,587 22,587
Nuclear Counterterrorism and Incident
Response Program
Emergency Operations.................. 19,123 19,123
Counterterrorism and 474,420 474,420
Counterproliferation.................
Total, Nuclear Counterterrorism and 493,543 493,543
Incident Response Program..............
Subtotal, Defense Nuclear 2,528,959 2,503,959
Nonproliferation.......................
Adjustments
Use of prior year balances............ -20,000 -20,000
Total, Adjustments...................... -20,000 -20,000
Total, Defense Nuclear Nonproliferation. 2,508,959 2,483,959
Naval Reactors
Naval reactors development.............. 838,340 838,340
Columbia-Class reactor systems 52,900 52,900
development............................
S8G Prototype refueling................. 0 0
Naval reactors operations and 712,036 712,036
infrastructure.........................
Program direction....................... 61,540 61,540
Construction:
22-D-533 BL Component Test Complex.... 0 0
22-D-531 KL Chemistry & Radiological 10,400 10,400
Health Building......................
21-D-530 KL Steam and Condensate 53,000 53,000
Upgrade..............................
14-D-901 Spent Fuel Handling 199,300 199,300
Recapitalization Project, NRF........
24-D-530 NRF Medical Science Complex.. 36,584 36,584
Total, Construction..................... 299,284 262,700
Total, Naval Reactors................... 1,964,100 1,964,100
Federal Salaries and Expenses
Program direction....................... 538,994 538,994
Use of prior year balances.............. 0 0
Total, Federal Salaries and Expenses.... 538,994 538,994
TOTAL, National Nuclear Security 23,845,000 24,096,000
Administration.........................
Defense Environmental Cleanup
Closure sites administration.......... 3,023 3,023
Richland
River corridor and other cleanup 180,000 180,000
operations...........................
Central plateau remediation........... 684,289 684,289
Richland community and regulatory 10,100 10,100
support..............................
18-D-404 Modification of Waste 0 0
Encapsulation and Storage Facility...
22-D-401 L-888 Eastern Plateau Fire 7,000 7,000
Station..............................
22-D-402 L-897 200 Area Water 11,200 11,200
Treatment Facility...................
23-D-404 181D Export Water System 27,149 27,149
Reconfiguration and Upgrade..........
23-D-405 181B Export Water System 462 462
Reconfiguration and Upgrade..........
24-D-401 Environmental Restoration 1,000 1,000
Disposal Facility Supercell 11 Expans
Proj.................................
Total, Richland......................... 921,200 921,200
Office of River Protection:
Waste Treatment Immobilization Plant 466,000 466,000
Commissioning........................
Rad liquid tank waste stabilization 813,625 813,625
and disposition......................
Construction:
23-D-403 Hanford 200 West Area 15,309 15,309
Tank Farms Risk Management
Project..........................
[[Page S4123]]
15-D-409 Low Activity Waste 60,000 60,000
Pretreatment System..............
18-D-16 Waste Treatment and 0 0
Immobilization Plant--LBL/Direct
feed LAW.........................
01-D-16D High-Level Waste Facility 600,000 600,000
01-D-16E Pretreatment Facility.... 20,000 20,000
Subtotal, Construction.................. 695,309 695,309
ORP Low-level waste offsite disposal.. 0 0
Total, Office of River Protection....... 1,974,934 1,974,934
Idaho National Laboratory:
Idaho cleanup and waste disposition... 377,623 377,623
Idaho community and regulatory support 2,759 2,759
Construction:
22-D-403 Idaho Spent Nuclear Fuel 10,159 10,159
Staging Facility.................
22-D-404 Addl ICDF Landfill 46,500 46,500
Disposal Cell and Evaporation
Ponds Project....................
22-D-402 Calcine Construction..... 10,000 10,000
Subtotal, Construction.................. 66,659 66,659
Total, Idaho National Laboratory........ 447,041 447,041
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,879 1,879
LLNL Excess Facilities D&D............ 20,195 20,195
Separations Processing Research Unit.. 15,300 15,300
Nevada Test Site...................... 61,952 61,952
Sandia National Laboratory............ 2,264 2,264
Los Alamos National Laboratory........ 273,831 273,831
Los Alamos Excess Facilities D&D...... 13,648 13,648
Total, NNSA sites and Nevada off-sites.. 389,069 389,069
Oak Ridge Reservation:
OR Nuclear Facility D&D............... 335,000 335,000
U233 Disposition Program.............. 55,000 55,000
OR cleanup and waste disposition...... 72,000 72,000
Construction:
14-D-403 Outfall 200 Mercury 10,000 10,000
Treatment Facility...............
17-D-401 On-site Waste Disposal 24,500 24,500
Facility.........................
Subtotal, Construction.................. 34,500 34,500
OR community & regulatory support..... 5,500 5,500
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 505,000 505,000
Savannah River Site:
Savannah River risk management 453,109 453,109
operations...........................
Savannah River legacy pensions........ 65,898 65,898
Savannah River community and 12,389 12,389
regulatory support...................
Savannah River National Laboratory O&M 42,000 42,000
Construction:
20-D-401 Saltstone Disposal Unit 56,250 56,250
#10, 11, 12......................
19-D-701 SR Security Systems 0 0
Replacement......................
18-D-401 Saltstone Disposal Unit 31,250 31,250
#8, 9............................
18-D-402 Emergency Operations 34,733 34,733
Center Replacement, SR...........
Subtotal, Construction.................. 122,233 122,233
Radioactive liquid tank waste 880,323 880,323
stabilization........................
Total, Savannah River Site.............. 1,575,952 1,575,952
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 369,961 369,961
Construction:
15-D-411 Safety Significant 44,365 44,365
Confinement Ventilation System,
WIPP.............................
15-D-412 Utility Shaft, WIPP...... 50,000 50,000
Total, Construction..................... 94,365 94,365
Total, Waste Isolation Pilot Plant...... 464,326 464,326
Program direction--Defense Environmental 326,893 326,893
Cleanup................................
Program support--Defense Environmental 103,504 103,504
Cleanup................................
Safeguards and Security--Defense 332,645 332,645
Environmental Cleanup..................
Technology development and deployment... 30,000 30,000
Subtotal, Defense Environmental Cleanup. 7,073,587 7,073,587
TOTAL, Defense Environmental Cleanup.... 7,073,587 7,073,587
Defense Uranium Enrichment D&D............ 427,000 0
Program reduction....................... (-427,000)
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 144,705 144,705
security mission support.............
Program direction..................... 86,558 86,558
Total, Environment, health, safety and 231,263 231,263
security...............................
Office of Enterprise Assessments
Enterprise assessments................ 30,022 30,022
Program direction..................... 64,132 64,132
[[Page S4124]]
Total, Office of Enterprise Assessments. 94,154 94,154
Specialized security activities......... 345,330 345,330
Legacy Management
Legacy Management Activities--Defense. 173,681 173,681
Program Direction..................... 22,621 22,621
Total, Legacy Management................ 196,302 196,302
Defense-Related Administrative Support.. 203,649 203,649
Office of Hearings and Appeals.......... 4,499 4,499
Subtotal, Other Defense Activities...... 1,075,197 1,075,197
Use of prior year balances.............. 0 0
Total, Other Defense Activities......... 1,075,197 1,075,197
------------------------------------------------------------------------
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
Subtitle D--Air Force Programs
SEC. 5131. INVENTORY OF C-130 AIRCRAFT.
(a) Minimum Inventory Requirement.--Section 146(a)(3)(B) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2455) is
amended by striking ``2023'' and inserting ``2024''.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to
National Guard.--Section 146(b)(1) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2455) is amended by striking
``fiscal year 2023'' and inserting ``fiscal years 2023 and
2024''.
SEC. 5132. EXTENSION OF PROHIBITION ON CERTAIN REDUCTIONS TO
B-1 BOMBER AIRCRAFT SQUADRONS.
Section 133(c)(1) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1574) is
amended by striking ``September 30, 2023'' and inserting
``September 30, 2026''.
SEC. 5133. PROHIBITION ON DIVESTMENT OF F-15E AIRCRAFT.
None of the funds authorized to be appropriated by this Act
for any of fiscal years 2024 through 2029 may be obligated or
expended to divest any F-15E aircraft.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 5201. APPLICATION OF PUBLIC-PRIVATE TALENT EXCHANGE
PROGRAMS IN THE DEPARTMENT OF DEFENSE TO
QUANTUM INFORMATION SCIENCES AND TECHNOLOGY
RESEARCH.
In carrying out section 1599g of title 10, United States
Code, the Secretary of Defense may establish public-private
exchange programs, each with up to 10 program participants,
focused on private sector entities working on quantum
information sciences and technology research applications.
SEC. 5202. BRIEFING ON SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE EDUCATION
PROGRAM.
Not later than three years after the date of the enactment
of this Act, the Secretary of Defense shall provide Congress
with a briefing on participation and use of the program under
section 4093 of title 10, United States Code, with a
particular focus on levels of interest from students engaged
in studying quantum fields.
SEC. 5203. IMPROVEMENTS TO DEFENSE QUANTUM INFORMATION
SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT
PROGRAM.
(a) Fellowship Program Authorized.--Section 234 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 4001 note) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Fellowships.--
``(1) Program authorized.--In carrying out the program
required by subsection (a) and subject to the availability of
appropriations to carry out this subsection, the Secretary
may carry out a program of fellowships in quantum information
science and technology research and development for
individuals who have a graduate or post-graduate degree.
``(2) Equal access.--In carrying out the program under
paragraph (1), the Secretary may establish procedures to
ensure that minority, geographically diverse, and
economically disadvantaged students have equal access to
fellowship opportunities under such program.''.
(b) Multidisciplinary Partnerships With Universities.--Such
section is further amended--
(1) by redesignating subsection (g), as redesignated by
subsection (a)(1), as subsection (h); and
(2) by inserting after subsection (f), as added by
subsection (a)(2), the following new subsection (g):
``(g) Multidisciplinary Partnerships With Universities.--In
carrying out the program under subsection (a), the Secretary
of Defense may develop partnerships with universities to
enable students to engage in multidisciplinary courses of
study.''.
SEC. 5204. IMPROVEMENTS TO NATIONAL QUANTUM INITIATIVE
PROGRAM.
(a) Involvement of Department of Defense and Intelligence
Community in National Quantum Initiative Advisory
Committee.--
(1) Qualifications.--Subsection (b) of section 104 of the
National Quantum Initiative Act (15 U.S.C. 8814) is amended
by striking ``and Federal laboratories'' and inserting
``Federal laboratories, and intelligence researchers''.
(2) Integration.--Such section is amended--
(A) by redesignating subsections (e) through (g) as
subsection (f) through (h), respectively; and
(B) by inserting after subsection (d) the following new
subsection (e):
``(e) Integration of Department of Defense and Intelligence
Community.--The Advisory Committee shall take such actions as
may be necessary, including by modifying policies and
procedures of the Advisory Committee, to ensure the full
integration of the Department of Defense and the intelligence
community (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003)) in activities of the Advisory
Committee.''.
(b) Clarification of Purpose of Multidisciplinary Centers
for Quantum Research and Education.--Section 302(c) of the
National Quantum Initiative Act (15 U.S.C. 8842(c)) is
amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) encouraging workforce collaboration, both with
private industry and among Federal entities, including
Department of Defense components and the intelligence
community (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003)).''.
(c) Coordination of National Quantum Information Science
Research Centers.--Section 402(d) of the National Quantum
Initiative Act (15 U.S.C. 8852(d)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) other research entities of the Federal government,
including research entities in the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003));''.
(d) National Quantum Coordination Office, Collaboration
When Reporting to Congress.--Section 102 of the National
Quantum Initiative Act (15 U.S.C. 8812) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Collaboration When Reporting to Congress.--The
Coordination Office shall ensure that when participants in
the National Quantum Initiative Program prepare and submit
reports to Congress that they do so in collaboration with
each other and as appropriate Federal civilian, defense, and
intelligence research entities.''.
(e) Reporting to Additional Committees of Congress.--
Paragraph (2) of section 2 of such Act (15 U.S.C. 8801) is
amended to read as follows:
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation, the Committee on Energy and Natural
Resources, the Committee on Armed Services, and the Select
Committee on Intelligence of the Senate; and
``(B) the Committee on Energy and Commerce, the Committee
on Science, Space, and Technology, the Committee on Armed
[[Page S4125]]
Services, and the Permanent Select Committee on Intelligence
of the House of Representatives.''.
SEC. 5205. ANNUAL REVIEW OF STATUS OF IMPLEMENTATION PLAN FOR
DIGITAL ENGINEERING CAREER TRACKS.
(a) Annual Review and Report Required.--Not less frequently
than once each year until December 31, 2029, the Secretary of
Defense shall--
(1) conduct an internal review of the status of the
implementation of the plan submitted pursuant to section
230(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. note prec. 501); and
(2) submit to the congressional defense committees--
(A) a summary of the status described in paragraph (1);
(B) a report on the findings of the Secretary with respect
to the most recent review conducted pursuant to such
paragraph; and
(C) a plan for how the Department of Defense will plan for
digital engineering personnel needs in the coming years.
(b) Consideration.--The review conducted pursuant to
subsection (a)(1) shall include consideration of the rapid
rate of technological change in data science and machine
learning.
SEC. 5206. RAPID RESPONSE TO EMERGENT TECHNOLOGY ADVANCEMENTS
OR THREATS.
(a) Authorities.--Upon approval by the Secretary of Defense
of a determination described in subsection (b), the Secretary
of a military department may use the rapid acquisition and
funding authorities established pursuant to section 3601 of
title 10, United States Code, to initiate urgent or emerging
operational development activities for a period of up to one
year, in order to--
(1) leverage an emergent technological advancement of value
to the national defense to address a military service-
specific need; or
(2) provide a rapid response to an emerging threat
identified by a military service.
(b) Determination.--A determination described in this
subsection is a determination by the Secretary of a military
department submitted in writing to the Secretary of Defense
that provides the following:
(1) Identification of a compelling urgent or emergency
national security need to immediately initiate development
activity in anticipation of a programming or budgeting
action, in order to leverage an emergent technological
advancement or provide a rapid response to an emerging
threat.
(2) Justification for why the effort cannot be delayed
until the next submission of the budget of the President
(under section 1105(a) of title 31, United States Code)
without harming the national defense.
(3) Funding is identified for the effort in the current
fiscal year to initiative the activity.
(4) An appropriate acquisition pathway and programmed
funding for transition to continued development, integration,
or sustainment is identified to on-ramp this activity within
two years.
(c) Additional Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
amend the procedures for the rapid acquisition and deployment
of capabilities needed in response to urgent operational
needs prescribed pursuant to such section 3601 to carry out
this section. Such updated procedures shall be provided to
the congressional defense committees concurrently with the
promulgation to the rest of the Department of Defense.
(2) Requirements to be included.--The procedures amended
under paragraph (1) shall include the following requirements:
(A) Funding.--(i) Subject to clause (ii), in any fiscal
year in which a determination described in subsection (b) is
made, the Secretary of the military department making the
determination may initiate the activities authorized under
subsection (a) using any funds available to the Secretary for
such fiscal year for--
(I) procurement; or
(II) research, development, test, and evaluation.
(ii) The total cost of all developmental activities within
the Department of Defense, funded under this section, may not
exceed $100,000,000 for any fiscal year.
(B) Waiver authority.--(i) Subject to clause (ii), the
Secretary of the military department making a determination
under subsection (b) may issue a waiver under subsection (d)
of such section 3601.
(ii) Chapter 221 of title 10, United States Code, may not
be waived pursuant to clause (i).
(C) Transition.--(i) Any acquisition initiated under
subsection (a) shall transition to an appropriate acquisition
pathway for transition and integration of the development
activity, or be transitioned to a newly established program
element or procurement line for completion of such activity.
(ii)(I) Transition shall be completed within one year of
initiation, but may be extended one time only at the
discretion of the Secretary of the military department for
one additional year.
(II) In the event an extension determination is made under
subclause (I), the affected Secretary of the military
department shall submit to the congressional defense
committees, not later than 30 days before the extension takes
effect, written notification of the extension with a
justification for the extension.
(3) Submittal to congress.--Concurrent with promulgation to
the Department of the amendments to the procedures under
paragraph (1), the Secretary shall submit to the
congressional defense committees the procedures update by
such amendments.
(d) Congressional Notification.--Within 15 days after the
Secretary of Defense approves a determination described in
subsection (b), the Secretary of the military department
making the determination shall provide written notification
of such determination to the congressional defense committees
following the procedures for notification in subsections
(c)(4)(D) and (c)(4)(F) of such section 3601. A notice under
this subsection shall be sufficient to fulfill any
requirement to provide notification to Congress for a new
start program.
TITLE LIII--OPERATION AND MAINTENANCE
Subtitle A--Briefings and Reports
SEC. 5341. REPORT BY DEPARTMENT OF DEFENSE ON ALTERNATIVES TO
BURN PITS.
Not later than 60 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition and
Sustainment shall submit to Congress a report on incinerators
and waste-to-energy waste disposal alternatives to burn pits.
TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle C--Other Matters
SEC. 5631. MODIFICATIONS TO TRANSITIONAL COMPENSATION FOR
DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT
ABUSE.
(a) Covered Punitive Actions.--Subsection (b) of section
1059 of title 10, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``; or'' and inserting
a semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) who is--
``(A) convicted of a dependent-abuse offense in a district
court of the United States or a State court; and
``(B) separated from active duty pursuant to a sentence of
a court-martial, or administratively separated, voluntarily
or involuntarily, from active duty, for an offense other than
the dependent-abuse offense.''.
(b) Commencement of Payment.--Subsection (e)(1) of such
section is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by inserting after
``offense'' the following: ``or an offense described in
subsection (b)(3)(B)''; and
(B) in clause (ii), by striking ``; and'' and inserting a
semicolon; and
(2) in subparagraph (B), by striking ``(if the basis'' and
all that follows through ``offense)''.
(c) Definition of Dependent Child.--Subsection (l) of such
section is amended, in the matter preceding paragraph (1)--
(1) by striking ``resulting in the separation of the former
member or'' and inserting ``referred to in subsection (b)
or''; and
(2) by striking ``resulting in the separation of the former
member and'' and inserting ``and''.
(d) Delegation of Determinations Relating to Exceptional
Eligibility.--Subsection (m)(4) of such section is amended to
read as follows:
``(4) The Secretary concerned may delegate the authority
under paragraph (1) to authorize eligibility for benefits
under this section for dependents and former dependents of a
member or former member to the first general or flag officer
(or civilian equivalent) in the chain of command of the
member.''.
SEC. 5632. REPORT ON EFFECT OF PHASE-OUT OF REDUCTION OF
SURVIVOR BENEFIT PLAN SURVIVOR ANNUITIES BY
AMOUNT OF DEPENDENCY AND INDEMNITY
COMPENSATION.
(a) In General.--The Secretary of Defense shall submit to
Congress a report on the effect of section 622 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) and the amendments made by such section.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following:
(1) An assessment on the effect that section 622 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) and the amendments made by such section
had on beneficiaries and any unintended consequences that
were a result of such section or amendments.
(2) An evaluation of the authority that the Secretary has
in a situation when the Defense Finance Accounting Service
cannot verify the eligibility of a spouse and payments are
paused for the child.
(3) Recommendations for legislative action to ensure the
Secretary has the flexibility to make payments under
subchapter II of chapter 73 of title 10, United States Code,
to dependent children that are under the guardianship of
someone other than the surviving spouse.
(4) An assessment of the process of the Department for
determining eligibility for survivor benefits under
subchapter II of chapter 73 of title 10, United States Code,
and dependency and indemnity compensation under chapter 13 of
title 38, United States Code, and the coordination between
the Defense Finance Accounting Service and the Department of
Veterans Affairs for such benefits.
[[Page S4126]]
TITLE LVII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 5701. EXPANSION OF ELIGIBILITY FOR HEARING AIDS TO
INCLUDE CHILDREN OF CERTAIN RETIRED MEMBERS OF
THE UNIFORMED SERVICES.
Paragraph (16) of section 1077(a) of title 10, United
States Code, is amended to read as follows:
``(16) Except as provided by subsection (g), a hearing aid,
but only if the dependent has a profound hearing loss, as
determined under standards prescribed in regulations by the
Secretary of Defense in consultation with the administering
Secretaries, and only for the following dependents:
``(A) A dependent of a member of the uniformed services on
active duty.
``(B) A dependent under subparagraph (D) or (I) of section
1072(2) of this title of a former member of the uniformed
services who--
``(i) is entitled to retired or retainer pay, or equivalent
pay; and
``(ii) is enrolled in family coverage under TRICARE
Prime.''.
Subtitle B--Health Care Administration
SEC. 5711. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH
AND DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO
DEFENSE HEALTH AGENCY.
Section 720(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263;
10 U.S.C. 1073c note) is amended, in the matter preceding
paragraph (1), by striking ``February 1, 2024'' and inserting
``February 1, 2025''.
Subtitle C--Reports and Other Matters
SEC. 5721. REPORT ON MILITARY MENTAL HEALTH CARE REFERRAL
POLICIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report--
(1) detailing the mental health care referral policies of
the Armed Forces; and
(2) the impact of removing primary care referral
requirements for outpatient mental health care on--
(A) military readiness;
(B) the uptake of outpatient mental health care services by
members of the Armed Forces; and
(C) suicide prevention.
(b) Recommendations.--The report required by subsection (a)
shall include recommendations and legislative proposals--
(1) to improve resources and access for outpatient mental
health care services by members of the Armed Forces;
(2) to encourage the uptake of such services by such
members; and
(3) to maintain military readiness.
SEC. 5722. COMPTROLLER GENERAL STUDY ON BIOMEDICAL RESEARCH
AND DEVELOPMENT FUNDED BY DEPARTMENT OF
DEFENSE.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the management by the Department of
Defense of biomedical research and development funded by the
Department, including a review of--
(1) patents for drugs approved by the Food and Drug
Administration that were supported with intramural or
extramural funding from the Department;
(2) requirements of the Department for how grant
recipients, contractors, and labs of the Department should
disclose support by the Department in patents generated with
funding from the Department; and
(3) the data systems of the Department for cataloging
information about patents generated with funding from the
Department.
(b) Briefing.--Not later than March 31, 2024, the
Comptroller General shall brief the Committees on Armed
Services of the Senate and the House of Representatives on
the study conducted under subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the study conducted
under subsection (a).
SEC. 5723. REPORT ON PROVISION OF MENTAL HEALTH SERVICES VIA
TELEHEALTH TO MEMBERS OF THE ARMED FORCES AND
THEIR DEPENDENTS.
Not later than March 31, 2024, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
provision by the Department of Defense of mental health
services via telehealth that includes the following:
(1) A summary of relevant Federal and State laws and
policies of the Department governing the provision of mental
health services via telehealth to members of the Armed Forces
and their dependents.
(2) An explanation of any challenges experienced by members
of the Armed Forces and their dependents in receiving
continuing care from a provider when assigned to a new State
or location outside the United States.
(3) An assessment of the value of receiving continuing care
from the same mental health provider for various mental
health conditions.
(4) A description of how the Department accommodates
members of the Armed Forces who would benefit from receiving
continuing care from a specific mental health provider.
(5) Such other matters as the Secretary considers relevant.
SEC. 5724. EXPANSION OF DOULA CARE FURNISHED BY DEPARTMENT OF
DEFENSE.
The text of section 706 is hereby deemed to read as
follows:
``SEC. 706 EXPANSION OF DOULA CARE FURNISHED BY DEPARTMENT OF
DEFENSE.
``(a) Expansion of Extramedical Maternal Health Providers
Demonstration Project.--Section 746 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 1073 note) is amended--
``(1) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively; and
``(2) by inserting after subsection (d) the following new
subsection (e):
`` `(e) Coverage of Doula Care.--The Secretary may add
coverage of labor doula care to the demonstration project, or
reimbursement for such care, for all beneficiaries under the
TRICARE program, including access--
`` `(1) by members of the Armed Forces on active duty;
`` `(2) by beneficiaries outside the continental United
States; and
`` `(3) at military medical treatment facilities.'.
``(b) Hiring of Doulas.--The hiring authority for each
military medical treatment facility may hire a team of doulas
to work in coordination with lactation support personnel or
labor and delivery units at such facility.''.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle D--Small Business Matters
SEC. 5841. COMPETITION OF SMALL BUSINESS CONCERNS FOR
DEPARTMENT OF DEFENSE CONTRACTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue guidance ensuring that covered small businesses are
better able to compete for Department of Defense contracts.
(b) Exemptions From Capability Requirements.--
(1) Waiver authority.--The guidance issued under subsection
(a) shall provide that the Department of Defense may waive
capability requirements, including the waiver described in
paragraph (2), to allow a covered small business that does
not otherwise meet such requirements to bid on a contract,
provided that it makes the certification described under
paragraph (3).
(2) Special consideration to provide interim access to
classified information for department of defense contractors
without security clearances.--Notwithstanding section 801 of
the National Security Act of 1947 (50 U.S.C. 3161) and the
procedures established pursuant to such section, the
Secretary of Defense may issue a waiver providing a covered
small business that has not been determined eligible to
access classified information pursuant to such procedures
interim access to classified information under such terms and
conditions as the Secretary considers appropriate.
(3) Certification requirement.-- In order to qualify for a
waiver under paragraph (1), a covered small business shall
certify that it will be able to meet the exempted capability
requirements within 180 days after the contract award date.
The certification shall include a detailed project and
financial plan outlining the tasks to be completed,
milestones to be achieved, and resources required.
(4) Monitoring and compliance.--
(A) In general.--The contracting officer for a contract
awarded pursuant to a waiver under paragraph (1) shall
closely monitor the contract performance of the covered small
business to ensure that sufficient progress is being made and
that any issues that arise are promptly addressed.
(B) Failure to meet capability requirements.--If a covered
small business awarded a contract pursuant to a waiver under
paragraph (1) fails to meet the requirements promised in the
certification required under paragraph (3) within 180 days,
the covered small business shall be subject to
disqualification from consideration for future contracts of
similar scope pursuant to ``Termination for Default''
provisions under subpart 49.4 of the Federal Acquisition
Regulation.
(c) Covered Small Business Defined.--In this section, the
term ``covered small business'' means--
(1) a nontraditional defense contractor, as that term is
defined in section 3014 of title 10, United States Code;
(2) a small business concern, as that term is defined in
section 3(a) of the Small Business Act (15 U.S.C. 632(a));
and
(3) any other contractor that has not been awarded a
Department of Defense contract in the five-year period
preceding the solicitation of sources by the Department of
Defense.
Subtitle E--Other Matters
SEC. 5851. BRIEFING ON THE REDESIGNATION OF NATIONAL SERIAL
NUMBER (NSN) PARTS AS PROPRIETARY.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall provide a briefing
to the congressional defense committees identifying which
National Serial Number (NSN) parts in the Defense Logistics
Agency system have had their designation changed to
proprietary over the previous 5 years, including a
description of which parts were, or continue to be, produced
by small businesses before the proprietary designation was
applied, and the justification for the changes in
designation.
[[Page S4127]]
TITLE LX--OTHER MATTERS
Subtitle D--Counterterrorism
SEC. 6031. ESTABLISHING A COORDINATOR FOR COUNTERING MEXICO'S
CRIMINAL CARTELS.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the President, in consultation
with the Secretary of Defense, the Secretary of State, the
Secretary of Homeland Security, the Attorney General, and the
Secretary of the Treasury, shall designate an existing
official within the executive branch to serve as senior-level
coordinator to coordinate, in conjunction with other relevant
agencies, all defense, diplomatic, intelligence, financial,
and legal efforts to counter the drug- and human-trafficking
activities of Mexico's criminal cartels.
(b) Retention of Authority.--The designation of a
coordinator under subsection (a) shall not deprive any agency
of any authority to independently perform functions of that
agency.
(c) Quarterly Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 90 days thereafter
through January 31, 2029, the coordinator designated under
subsection (a) shall submit to the appropriate committees of
Congress a detailed report on the following:
(A) Efforts taken during the previous quarter to bolster
defense cooperation with the Government of Mexico against
Mexico's criminal cartels, and any other activities of the
Department of Defense with respect to countering the cartels,
including in cooperation with the Government of Mexico or
interagency partners.
(B) Diplomatic efforts, including numbers of demarches and
meetings, taken during the previous quarter to highlight and
counter the human rights abuses of Mexico's criminal cartels,
including human trafficking, sex trafficking, other
exploitation of migrants, endangerment of children, and other
abuses.
(C) Diplomatic efforts taken during the previous quarter to
improve cooperation with the Government of Mexico in
countering Mexico's criminal cartels, and a detailed list and
assessment of any actions that the Government of Mexico has
taken during the previous quarter to counter the cartels.
(D) Diplomatic efforts taken during the previous quarter to
improve cooperation with partners and allies in countering
Mexico's criminal cartels.
(E) Efforts taken during the previous quarter to bolster
the screening process at ports of entry to prevent members
and associates of Mexico's criminal cartels, and individuals
who are working for the cartels, from entering or trafficking
drugs, humans, and contraband into the United States.
(F) Efforts taken during the previous quarter to encourage
the Government of Mexico to improve its screening process
along its own ports of entry in order to prevent illicit
cash, weapons, and contraband that is destined for Mexico's
criminal cartels from entering Mexico.
(G) Efforts taken during the previous quarter to
investigate and prosecute members and associates of Mexico's
criminal cartels, including members and associates operating
from within the United States.
(H) Efforts taken during the previous quarter to encourage
the Government of Mexico to increase its investigation and
prosecution of leaders, members, and associates of Mexcio's
criminal cartels within Mexico.
(I) Efforts taken during the previous quarter to initiate
or improve the sharing of intelligence with allies and
partners, including the Government of Mexico, for the purpose
of countering Mexico's criminal cartels.
(J) Efforts taken during the previous quarter to impose
sanctions with respect to--
(i) leaders, members, and associates of Mexico's criminal
cartels; and
(ii) any companies, banks, or other institutions that
facilitate the cartels' human-trafficking, drug-trafficking,
and other criminal enterprises.
(K) The total number of personnel and resources in the
Department of Defense, the Department of State, the
Department of Homeland Security, the Department of Justice,
and the Department of the Treasury focused on countering
Mexico's criminal cartels.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, the
Committee on Homeland Security and Governmental Affairs, and
the Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, the
Committee on Homeland Security, and the Committee on
Financial Services of the House of Representatives.
(2) Mexico's criminal cartels.--The term ``Mexico's
criminal cartels'' means the following:
(A) Criminal organizations the operations of which include
human-trafficking, drug-trafficking, and other types of
smuggling operations across the southwest border of the
United States and take place largely within Mexico, including
the following:
(i) The Sinaloa Cartel.
(ii) The Jalisco New Generation Cartel.
(iii) The Gulf Cartel.
(iv) The Los Zetas Cartel.
(v) The Northeast Cartel.
(vi) The Juarez Cartel.
(vii) The Tijuana Cartel.
(viii) The Beltran-Leyva Cartel.
(ix) The La Familia Michoacana, also known as the Knights
Templar Cartel.
(x) Las Moicas.
(xi) La Empresa Nueva.
(xii) MS-13.
(xiii) The Medellin Cartel.
(B) Any successor organization to an organization described
in subparagraph (A).
Subtitle F--Studies and Reports
SEC. 6051. REPORT ON FOOD PURCHASING BY THE DEPARTMENT OF
DEFENSE.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives and make publicly available on the website of
the Department of Defense a report on the following for each
of fiscal years 2018, 2019, 2020, 2021, and 2022:
(1) The total dollar amount spent by the Department of
Defense on food service operations worldwide for all
personnel, contractors, and families, including all food
service provided at or through--
(A) all facilities, such as combat operations, military
posts, medical facilities;
(B) all vessels (air, land, and sea);
(C) all entertainment and hosting operations such as
officers' clubs and other such facilities; and
(D) all food programs provided to other Federal agencies,
such as the Fresh Fruit and Vegetable Program of the
Department of Agriculture and the Department of Defense.
(2) The total dollar amount spent by the Department for
each category described in paragraph (1).
(3) The dollar amount spend by the Department for each of--
(A) the 25 largest food service contractors or operators;
and
(B) the top 10 categories of food, such as meat and
poultry, seafood, eggs, dairy product, produce (fruits,
vegetables, and nuts), grains and legumes, and processed and
packaged foods.
(4) The percentage of all food purchased by the Department
that was a product of the United States, pursuant to section
4862 of title 10, United States Code.
(5) The dollar amount of third-party certified and verified
foods (such as USDA Organic, Equitable Food Initiative, Fair
Trade Certified, and other categories determined to be
appropriate by the Secretary) purchased by the Department.
(6) The dollar amount of contracts for food service, food,
or food products entered into by the Department with woman-,
minority-, and veteran-owned businesses.
Subtitle G--Other Matters
SEC. 6071. IMPROVEMENTS TO DEPARTMENT OF VETERANS AFFAIRS-
DEPARTMENT OF DEFENSE JOINT EXECUTIVE
COMMITTEE.
(a) Short Title.--This section may be cited as the
``Ensuring Interagency Cooperation to Support Veterans Act of
2023''.
(b) In General.--Section 320 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following new subparagraphs:
``(C) the Assistant Secretary of Labor for Veterans'
Employment and Training and such other officers and employees
of the Department of Labor as the Secretary of Labor may
designate; and
``(D) such officers and employees of other Executive
agencies as the Secretary of Veterans Affairs and the
Secretary of Defense jointly determine, with the consent of
the heads of the Executive agencies of such officers and
employees, necessary to carry out the goals and objectives of
the Committee.'';
(B) by adding at the end the following new paragraph:
``(3) The co-chairs of the Committee are the Deputy
Secretary of Veterans Affairs and the Under Secretary of
Defense for Personnel and Readiness.'';
(2) in subsection (b)(2), by striking ``Job Training and
Post-Service Placement Executive Committee'' and inserting
``Transition Executive Committee'';
(3) in subsection (d), by adding at the end the following
new paragraph:
``(6) Develop, implement, and oversee such other joint
actions, initiatives, programs, and policies as the two
Secretaries determine appropriate and consistent with the
purpose of the Committee.''; and
(4) in subsection (e)--
(A) in the subsection heading, by striking ``Job Training
and Post-Service Placement'' and inserting ``Transition'';
(B) in the matter before paragraph (1)--
(i) by striking ``Job Training and Post-Service Placement''
and inserting ``Transition'';
(ii) by inserting ``, in addition to such other activities
as may assigned to the committee under subsection (d)(6)''
after ``shall''; and
(C) in paragraph (2), by inserting ``, transition from life
in the Armed Forces to civilian life,'' after ``job
training''.
[[Page S4128]]
SEC. 6072. GRAVE MARKERS AT SANTA FE NATIONAL CEMETERY, NEW
MEXICO.
(a) In General.--Section 612 of the Veterans Millennium
Health Care and Benefits Act (38 U.S.C. 2404 note; Public Law
106-117) is repealed.
(b) Study Required.--The Secretary of Veterans Affairs
shall conduct a study on the cost to replace the flat grave
markers that were provided under such section at the Santa Fe
National Cemetery, New Mexico, with upright grave markers.
SEC. 6073. MODIFICATION OF COMPENSATION FOR MEMBERS OF THE
AFGHANISTAN WAR COMMISSION.
Section 1094(g)(1) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1942)
is amended to read as follows:
``(1) Compensation of members.--
``(A) Non-federal employees.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
``(B) Federal employees.--
``(i) In general.--A member of the Commission who is an
employee of the Federal Government may be compensated as
provided for under subparagraph (a) for periods of time
during which the member is engaged in the performance of the
duties of the Commission that fall outside of ordinary agency
working hours, as determined by the employing agency of such
member.
``(ii) Rule of construction.--Nothing in this paragraph
shall be construed to authorize dual pay for work performed
on behalf of the Commission and for a Federal agency during
the same hours of the same day.''.
SEC. 6074. RED HILL HEALTH IMPACTS.
(a) Registry for Impacted Individuals of the Red Hill
Incident.--
(1) Establishment of registry.--The Secretary of Health and
Human Services (referred to in this subsection as the
``Secretary'') shall establish within the Agency for Toxic
Substances and Disease Registry or the Centers for Disease
Control and Prevention or through an award of a grant or
contract, as the Secretary determines appropriate, a Red Hill
Incident exposure registry to collect data on health
implications of petroleum contaminated water for impacted
individuals on a voluntary basis. Such registry shall be
complementary to, and not duplicative of, the Red Hill
Incident Report of the Defense Occupational and Environmental
Health Readiness System.
(2) Other responsibilities.--
(A) In general.--The Secretary, in coordination with the
Director of the Centers for Disease Control and Prevention,
and in consultation with the Secretary of Defense, the
Secretary of Veterans Affairs, and such State and local
authorities or other partners as the Secretary of Health and
Human Services considers appropriate, shall--
(i) review the Federal programs and services available to
individuals exposed to petroleum;
(ii) review current research on petroleum exposure in order
to identify additional research needs; and
(iii) undertake any other review or activities that the
Secretary determines to be appropriate.
(B) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 6
additional years, the Secretary shall submit to the
appropriate congressional committees a report on the review
and activities undertaken under subparagraph (A) that
includes--
(i) strategies for communicating and engaging with
stakeholders on the Red Hill Incident;
(ii) the number of impacted and potentially impacted
individuals enrolled in the registry established under
paragraph (1);
(iii) measures and frequency of follow-up to collect data
and specimens related to exposure, health, and developmental
milestones as appropriate; and
(iv) a summary of data and analyses on exposure, health,
and developmental milestones for impacted individuals.
(C) Consultation.--In carrying out subparagraphs (A) and
(B), the Secretary shall consult with non-Federal experts,
including individuals with certification in epidemiology,
toxicology, mental health, pediatrics, and environmental
health, and members of the impacted community.
(3) Funding.--Without regard to section 2215 of title 10,
United States Code, the Secretary of the Defense is
authorized to provide, from amounts made available to such
Secretary, such sums as may be necessary for each of fiscal
years 2024 through 2030 for the Secretary of Health and Human
Services to carry out this subsection.
(b) Red Hill Epidemiological Health Outcomes Study.--
(1) Contracts.--The Secretary of Health and Human Services
may contract with independent research institutes or
consultants, nonprofit or public entities, laboratories, or
medical schools, as the Secretary considers appropriate, that
are not part of the Federal Government to assist with the
feasibility assessment required by paragraph (2).
(2) Feasibility assessment.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall submit to the appropriate
congressional committees the results of a feasibility
assessment to inform the design of the epidemiological study
or studies to assess health outcomes for impacted
individuals, which may include--
(A) a strategy to recruit impacted individuals to
participate in the study or studies, including incentives for
participation;
(B) a description of protocols and methodologies to assess
health outcomes from the Red Hill Incident, including data
management protocols to secure the privacy and security of
the personal information of impacted individuals; and
(C) the periodicity for data collection that takes into
account the differences between health care practices among
impacted individuals who are--
(i) members of the Armed Forces on active duty or spouses
or dependents of such members;
(ii) members of the Armed Forces separating from active
duty or spouses or dependents of such members;
(iii) veterans and other individuals with access to health
care from the Department of Veterans Affairs; and
(iv) individuals without access to health care from the
Department of Defense or the Department of Veterans Affairs;
(D) a description of methodologies to analyze data received
from the study or studies to determine possible connections
between exposure to water contaminated during the Red Hill
Incident and adverse impacts to the health of impacted
individuals;
(E) an identification of exposures resulting from the Red
Hill Incident that may qualify individuals to be eligible for
participation in the study or studies as a result of those
exposures; and
(F) steps that will be taken to provide individuals
impacted by the Red Hill Incident with information on
available resources and services.
(3) Notifications; briefings.--Not later than one year
after the completion of the feasibility assessment under
paragraph (2), the Secretary of Health and Human Services
shall--
(A) notify impacted individuals on the interim findings of
the study or studies; and
(B) brief the appropriate congressional committees on the
interim findings of the study or studies.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(B) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate;
(C) the Committee on Veterans' Affairs of the Senate;
(D) the Committee on Energy and Commerce of the House of
Representatives;
(E) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives; and
(F) the Committee on Veterans' Affairs of the House of
Representatives.
(2) Impacted individual.--The term ``impacted individual''
means an individual who, at the time of the Red Hill
Incident, lived or worked in a building or residence served
by the community water system at Joint Base Pearl Harbor-
Hickam, Oahu, Hawaii.
(3) Red hill incident.--The term ``Red Hill Incident''
means the release of fuel from the Red Hill Bulk Fuel Storage
Facility, Oahu, Hawaii, into the sole-source basal aquifer
located 100 feet below the facility, contaminating the
community water system at Joint Base Pearl Harbor-Hickam on
November 20, 2021.
SEC. 6075. PERMANENT AUTHORIZATION OF UNDETECTABLE FIREARMS
ACT OF 1988.
Section 2(f) of the Undetectable Firearms Act of 1988 (18
U.S.C. 922 note; Public Law 100-649) is amended--
(1) by striking ``Effective Date and Sunset Provision'' and
all that follows through ``This Act and the amendments'' and
inserting the following: ``Effective Date.--This Act and the
amendments''; and
(2) by striking paragraph (2).
SEC. 6076. SENSE OF CONGRESS ON THE IMPORTANCE OF NON-
GOVERNMENTAL RECOGNITION OF MILITARY ENLISTEES
TO IMPROVE COMMUNITY SUPPORT FOR MILITARY
RECRUITMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) publicly honoring and recognizing the young men and
women who upon graduation from high-school enlist to serve in
the Armed Forces is a meaningful way to indicate national and
local support for those enlistees prior to initial accession
training, express gratitude to their families, and enhance
the partnerships between military recruiters and high school
administrators and guidance counselors;
(2) the intrinsic value of these community ceremonies
should be formally recognized by the Office of the Secretary
of Defense and the various military service recruiting
commands; and
(3) to the extent practicable, an appropriate level of
joint military service support should be provided at these
events, to include general officer and senior enlisted
adviser participation, ceremonial unit involvement, musical
support, and local recruiter presence.
(b) Briefing.--Not later than March 23, 2024, the Secretary
of Defense shall brief the
[[Page S4129]]
congressional defense committees on the extent of Department
of Defense and military service coordination and support
rendered for the recognition events described in subsection
(a), which are executed at no cost to the Federal Government
under the independent, national direction of the ``Our
Community Salutes'' organization, a registered 501(c)(3)
organization.
SEC. 6077. ADJUSTMENT OF THRESHOLD AMOUNT FOR MINOR MEDICAL
FACILITY PROJECTS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Short Title.--This section may be cited as the
``Department of Veterans Affairs Minor Construction Threshold
Adjustment Act of 2023''.
(b) Adjustment of Threshold Amount.--Section 8104(a) of
title 38, United States Code, is amended--
(1) in paragraph (3)(A), by striking ``$20,000,000'' each
place it appears and inserting ``the amount specified in
paragraph (4)''; and
(2) by adding at the end the following new paragraph:
``(4)(A) The amount specified in this paragraph is
$30,000,000, as adjusted pursuant to this paragraph.
``(B)(i) The Secretary shall develop, through regulations,
a mechanism to adjust the amount under subparagraph (A) to
account for relevant factors relating to construction, cost
of land, real estate, economic conditions, labor conditions,
inflation, and other relevant factors the Secretary considers
necessary to ensure such amount keeps pace with all economic
conditions that impact the price of construction projects, to
include planning, management, and delivery of the project.
``(ii) In developing the mechanism under clause (i), the
Secretary may--
``(I) use a mechanism or index already relied upon by the
Department for other relevant programs, a mechanism or index
used by another Federal agency, or a commercial mechanism or
index if such mechanism or index satisfactorily addresses the
intent of this subparagraph; or
``(II) create a new mechanism or index if the Secretary
considers it appropriate and necessary to do so.
``(C)(i) Not less frequently than once every two years, the
Secretary shall--
``(I) adjust the amount under subparagraph (A); or
``(II) publish a notice in the Federal Register indicating
that no adjustment is warranted.
``(ii) Not later than 30 days before adjusting an amount
pursuant to clause (i)(I) or publishing a notice pursuant to
clause (i)(II), the Secretary shall notify the Committee on
Veterans' Affairs and the Committee on Appropriations of the
Senate and the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of Representatives.
``(D) The Secretary shall determine a logical schedule for
adjustments under this paragraph to take effect so that the
amounts for and types of construction projects requested by
the Department in the budget of the President under section
1105(a) of title 31 are consistent with the threshold for
construction projects as so adjusted.''.
SEC. 6078. DESIGNATION OF NATIONAL MUSEUM OF THE MIGHTY
EIGHTH AIR FORCE.
(a) Designation.--The National Museum of the Mighty Eighth
Air Force located at 175 Bourne Avenue, Pooler, Georgia (or
any successor location), is designated as the official
National Museum of the Mighty Eighth Air Force of the United
States (referred to in this section as the ``National
Museum'').
(b) Relation to National Park System.--The National Museum
shall not be included as a unit of the National Park System.
(c) Rule of Construction.--This section shall not be
construed to appropriate, or authorize the appropriation of,
Federal funds for any purpose related to the National Museum.
SEC. 6079. REVISION OF REQUIREMENT FOR TRANSFER OF CERTAIN
AIRCRAFT TO STATE OF CALIFORNIA FOR WILDFIRE
SUPPRESSION PURPOSES.
(a) Transfer of Excess Coast Guard HC-130H Aircraft.--
(1) Transfer to state of california.--If the Governor of
the State of California submits to the Secretary of Homeland
Security a written request to acquire, pursuant to this
section, the Federal property described in this paragraph,
the Secretary of Homeland Security shall transfer to the
State of California without reimbursement--
(A) all right, title, and interest of the United States in
and to the seven HC-130H aircraft specified in paragraph (2);
and
(B) initial spares (calculated based on shelf stock support
for seven HC-130H aircraft each flying 400 hours each year)
and necessary ground support equipment for such aircraft.
(2) Aircraft specified.--The aircraft specified in this
paragraph are the HC-130H Coast Guard aircraft with serial
numbers 1706, 1708, 1709, 1713, 1714, 1719, and 1721.
(3) Timing; failure to submit request.--
(A) In general.--The transfers under paragraph (1) shall be
made as soon as practicable after the date on which the
Secretary of Homeland Security receives a request under such
paragraph.
(B) Failure to submit request.--If the Governor of the
State of California fails to submit a request under paragraph
(1) before the date that is 120 days after the date of the
enactment of this Act--
(i) paragraph (1) shall have no force or effect; and
(ii) the Secretary of Homeland Security may retain title
and disposition of the Federal property described in
paragraph (1).
(4) Modifications.--
(A) In general.--Except as provided in subparagraph (B),
the transfers under paragraph (1) may be carried out without
further modifications by the United States to the aircraft
transferred under such paragraph.
(B) Demilitarized.--Before an aircraft may be transferred
under paragraph (1), the aircraft shall be demilitarized as
determined necessary by the Secretary of Homeland Security.
(b) Conditions of Transfer.--Aircraft transferred to the
State of California under subsection (a)(1)--
(1) may be used only for wildfire suppression purposes;
(2) may not be flown outside of, or otherwise removed from,
the United States unless dispatched by the National
Interagency Fire Center in support of an international
agreement to assist in wildfire suppression efforts or for
other disaster-related response purposes approved by the
Governor of the State of California in writing in advance;
(3) may be used for wildfire suppression purposes only
after the aircraft is modified to conform with the standards
and requirements for firefighting aircraft set forth by the
National Interagency Aviation Committee and the Interagency
Airtanker Board; and
(4) may only be disposed of by the State of California
pursuant to the statutes and regulations governing disposal
of aircraft provided to the State of California through the
Federal Excess Personal Property Program.
(c) Transfer of Residual Kits and Parts Held by Air
Force.--The Secretary of the Air Force may transfer to the
State of California, without reimbursement, any residual kits
and parts held by the Secretary of the Air Force that were
procured in anticipation of the transfer to the Secretary of
the Air Force of the aircraft specified in subsection (a)(2).
(d) Costs After Transfer.--Any costs of operation,
maintenance, sustainment, and disposal of aircraft, initial
spares, and ground support equipment transferred to the
Governor of the State of California under this section that
are incurred after the date of transfer shall be borne by the
Governor of the State of California.
(e) Conforming Amendments.--
(1) Section 1098 of fiscal year 2014 ndaa.--Section 1098 of
the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 881), as amended by section
1083 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1989), is
amended--
(A) by striking subsection (a);
(B) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``and subject to the
certification requirement under subsection (f),'';
(C) in subsection (c), by striking ``or the Governor of
California'' each place it appears;
(D) in subsection (e), in the matter preceding paragraph
(1)--
(i) by striking ``Promptly following the completion of the
certification requirement under subsection (f) and
notwithstanding'' and inserting ``Notwithstanding''; and
(ii) by striking ``begin''; and
(E) by striking subsection (f).
(2) Section 1083 of fiscal year 2019 ndaa.--Section 1083 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1989) is
repealed.
SEC. 6080. EXTENSION OF ACTIVE DUTY TERM FOR ATTENDING
PHYSICIAN AT UNITED STATES CAPITOL.
The present incumbent Attending Physician at the United
States Capitol shall be continued on active duty until 10
years after the date of the enactment of this Act.
SEC. 6081. DISCLOSURES BY DIRECTORS, OFFICERS, AND PRINCIPAL
STOCKHOLDERS.
(a) In General.--Section 16(a)(1) of the Securities
Exchange Act of 1934 (15 U.S.C. 78p(a)(1)) is amended by
inserting ``(including any such security of a foreign private
issuer, as that term is defined in section 240.3b-4 of title
17, Code of Federal Regulations, or any successor
regulation)'' after ``pursuant to section 12''.
(b) Effect on Regulation.--If any provision of section
240.3a12-3(b) of title 17, Code of Federal Regulations, or
any successor regulation, is inconsistent with the amendment
made by subsection (a), that provision of such section
240.3a12-3(b) (or such successor) shall have no force or
effect.
(c) Issuance or Amendment of Regulations.--Not later than
90 days after the date of enactment of this Act, the
Securities and Exchange Commission shall issue final
regulations (or amend existing regulations of the Commission)
to carry out the amendment made by subsection (a).
SEC. 6082. PREVENTING CHILD SEX ABUSE.
(a) Short Title.--This section may be cited as the
``Preventing Child Sex Abuse Act of 2023''.
(b) Sense of Congress.--The sense of Congress is the
following:
(1) The safety of children should be a top priority for
public officials and communities in the United States.
(2) According to the Rape, Abuse & Incest National Network,
an individual in the United States is sexually assaulted
every 68 seconds. And every 9 minutes, that victim is a
child. Meanwhile, only 25 out of every 1,000 perpetrators
will end up in prison.
[[Page S4130]]
(3) The effects of child sexual abuse can be long-lasting
and affect the victim's mental health.
(4) Victims are more likely than non-victims to experience
the following mental health challenges:
(A) Victims are about 4 times more likely to develop
symptoms of drug abuse.
(B) Victims are about 4 times more likely to experience
post-traumatic stress disorder as adults.
(C) Victims are about 3 times more likely to experience a
major depressive episode as adults.
(5) The criminal justice system should and has acted as an
important line of defense to protect children and hold
perpetrators accountable.
(6) However, the horrific crimes perpetuated by Larry
Nassar demonstrate firsthand the loopholes that still exist
in the criminal justice system. While Larry Nassar was found
guilty of several State-level offenses, he was not charged
federally for his illicit sexual contact with minors, despite
crossing State and international borders to commit this
conduct.
(7) The Department of Justice has also identified a growing
trend of Americans who use charitable or missionary work in a
foreign country as a cover for sexual abuse of children.
(8) It is the intent of Congress to prohibit Americans from
engaging in sexual abuse or exploitation of minors under the
guise of work, including volunteer work, with an organization
that affects interstate or foreign commerce, such as an
international charity.
(9) Federal law does not require that an abuser's intention
to engage in sexual abuse be a primary, significant,
dominant, or motivating purpose of the travel.
(10) Child sexual abuse does not require physical contact
between the abuser and the child. This is especially true as
perpetrators turn increasingly to internet platforms, online
chat rooms, and webcams to commit child sexual abuse.
(11) However, a decision of the United States Court of
Appeals for the Seventh Circuit found the use of a webcam to
engage in sexually provocative activity with a minor did not
qualify as ``sexual activity''.
(12) Congress can address this issue by amending the
definition of the term ``sexual activity'' to clarify that it
does not require interpersonal, physical contact.
(13) It is the duty of Congress to provide clearer guidance
to ensure that those who commit crimes against children are
prosecuted to the fullest extent of the law.
(c) Interstate Child Sexual Abuse.--Section 2423 of title
18, United States Code, is amended--
(1) in subsection (b), by striking ``with a motivating
purpose of engaging in any illicit sexual conduct with
another person'' and inserting ``with intent to engage in any
illicit sexual conduct with another person'';
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (i), respectively;
(3) in subsection (e), as so redesignated, by striking
``with a motivating purpose of engaging in any illicit sexual
conduct'' and inserting ``with intent to engage in any
illicit sexual conduct''; and
(4) by inserting after subsection (g), as so redesignated,
the following:
``(h) Rule of Construction.--As used in this section, the
term `intent' shall be construed as any intention to engage
in illicit sexual conduct at the time of the travel.''.
(d) Abuse Under the Guise of Charity.--Section 2423 of
title 18, United States Code, as amended by subsection (c) of
this section, is amended--
(1) by inserting after subsection (c) the following:
``(d) Illicit Sexual Conduct in Connection With Certain
Organizations.--Any citizen of the United States or alien
admitted for permanent residence who--
``(1) is an officer, director, employee, or agent of an
organization that affects interstate or foreign commerce;
``(2) makes use of the mails or any means or
instrumentality of interstate or foreign commerce through the
connection or affiliation of the person with such
organization; and
``(3) commits an act in furtherance of illicit sexual
conduct through the connection or affiliation of the person
with such organization,
shall be fined under this title, imprisoned for not more than
30 years, or both.'';
(2) in subsection (f), as so redesignated, by striking ``or
(d)'' and inserting ``(d), or (e)''; and
(3) in subsection (i), as so redesignated, by striking
``(f)(2)'' and inserting ``(g)(2)''.
(e) Sexual Activity With Minors.--Section 2427 of title 18,
United States Code, is amended by inserting ``does not
require interpersonal physical contact, and'' before
``includes''.
SEC. 6083. SENATE NATIONAL SECURITY WORKING GROUP.
(a) In General.--Section 21 of Senate Resolution 64 (113th
Congress), agreed to March 5, 2013, is amended by striking
subsection (d).
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as though enacted on December 31, 2022.
SEC. 6084. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL
CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS,
INCORPORATED.
(a) In General.--Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 1503 the
following:
``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED
``Sec.
``150401. Organization.
``150402. Purposes.
``150403. Membership.
``150404. Board of directors.
``150405. Officers.
``150406. Nondiscrimination.
``150407. Powers.
``150408. Exclusive right to name, seals, emblems, and badges.
``150409. Restrictions.
``150410. Duty to maintain tax-exempt status.
``150411. Records and inspection.
``150412. Service of process.
``150413. Liability for acts of officers and agents.
``150414. Failure to comply with requirements.
``150415. Annual report.
``Sec. 150401 Organization
``The National American Indian Veterans, Incorporated, a
nonprofit corporation organized in the United States
(referred to in this chapter as the `corporation'), is a
federally chartered corporation.
``Sec. 150402. Purposes
``The purposes of the corporation are those stated in the
articles of incorporation, constitution, and bylaws of the
corporation, and include a commitment--
``(1) to uphold and defend the Constitution of the United
States while respecting the sovereignty of the American
Indian Nations;
``(2) to unite under one body all American Indian veterans
who served in the Armed Forces of United States;
``(3) to be an advocate on behalf of all American Indian
veterans without regard to whether they served during times
of peace, conflict, or war;
``(4) to promote social welfare (including educational,
economic, social, physical, and cultural values and
traditional healing) in the United States by encouraging the
growth and development, readjustment, self-respect, self-
confidence, contributions, and self-identity of American
Indian veterans;
``(5) to serve as an advocate for the needs of American
Indian veterans and their families and survivors in their
dealings with all Federal and State government agencies;
``(6) to promote, support, and utilize research, on a
nonpartisan basis, pertaining to the relationship between
American Indian veterans and American society; and
``(7) to provide technical assistance to the Bureau of
Indian Affairs regional areas that are not served by any
veterans committee or organization or program by--
``(A) providing outreach service to Indian Tribes in need;
and
``(B) training and educating Tribal Veterans Service
Officers for Indian Tribes in need.
``Sec. 150403. Membership
``Subject to section 150406, eligibility for membership in
the corporation, and the rights and privileges of members,
shall be as provided in the constitution and bylaws of the
corporation.
``Sec. 150404. Board of directors
``Subject to section 150406, the board of directors of the
corporation, and the responsibilities of the board, shall be
as provided in the constitution and bylaws of the corporation
and in conformity with the laws under which the corporation
is incorporated.
``Sec. 150405. Officers
``Subject to section 150406, the officers of the
corporation, and the election of such officers, shall be as
provided in the constitution and bylaws of the corporation
and in conformity with the laws of the jurisdiction under
which the corporation is incorporated.
``Sec. 150406. Nondiscrimination
``In establishing the conditions of membership in the
corporation, and in determining the requirements for serving
on the board of directors or as an officer of the
corporation, the corporation may not discriminate on the
basis of race, color, religion, sex, national origin,
handicap, or age.
``Sec. 150407. Powers
``The corporation shall have only those powers granted the
corporation through its articles of incorporation,
constitution, and bylaws, which shall conform to the laws of
the jurisdiction under which the corporation is incorporated.
``Sec. 150408. Exclusive right to name, seals, emblems, and
badges
``(a) In General.--The corporation shall have the sole and
exclusive right to use the names `National American Indian
Veterans, Incorporated' and `National American Indian
Veterans', and such seals, emblems, and badges as the
corporation may lawfully adopt.
``(b) Effect.--Nothing in this section interferes or
conflicts with any established or vested rights.
``Sec. 150409. Restrictions
``(a) Stock and Dividends.--The corporation may not--
``(1) issue any shares of stock; or
``(2) declare or pay any dividends.
``(b) Distribution of Income or Assets.--
``(1) In general.--The income or assets of the corporation
may not--
``(A) inure to any person who is a member, officer, or
director of the corporation; or
``(B) be distributed to any such person during the life of
the charter granted by this chapter.
[[Page S4131]]
``(2) Effect.--Nothing in this subsection prevents the
payment of reasonable compensation to the officers of the
corporation, or reimbursement for actual and necessary
expenses, in amounts approved by the board of directors.
``(c) Loans.--The corporation may not make any loan to any
officer, director, member, or employee of the corporation.
``(d) No Federal Endorsement.--The corporation may not
claim congressional approval or Federal Government authority
by virtue of the charter granted by this chapter for any of
the activities of the corporation.
``Sec. 150410. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an
organization exempt from taxation under the Internal Revenue
Code of 1986.
``Sec. 150411. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete books and records of accounts;
``(2) minutes of any proceeding of the corporation
involving any of member of the corporation, the board of
directors, or any committee having authority under the board
of directors; and
``(3) at the principal office of the corporation, a record
of the names and addresses of all members of the corporation
having the right to vote.
``(b) Inspection.--
``(1) In general.--All books and records of the corporation
may be inspected by any member having the right to vote, or
by any agent or attorney of such a member, for any proper
purpose, at any reasonable time.
``(2) Effect.--Nothing in this section contravenes--
``(A) the laws of the jurisdiction under which the
corporation is incorporated; or
``(B) the laws of those jurisdictions within the United
States and its territories within which the corporation
carries out activities in furtherance of the purposes of the
corporation.
``Sec. 150412. Service of process
``With respect to service of process, the corporation shall
comply with the laws of--
``(1) the jurisdiction under which the corporation is
incorporated; and
``(2) those jurisdictions within the United States and its
territories within which the corporation carries out
activities in furtherance of the purposes of the corporation.
``Sec. 150413. Liability for acts of officers and agents
``The corporation shall be liable for the acts of the
officers and agents of the corporation acting within the
scope of their authority.
``Sec. 150414. Failure to comply with requirements
``If the corporation fails to comply with any of the
requirements of this chapter, including the requirement under
section 150410 to maintain its status as an organization
exempt from taxation, the charter granted by this chapter
shall expire.
``Sec. 150415. Annual report
``(a) In General.--The corporation shall submit to Congress
an annual report describing the activities of the corporation
during the preceding fiscal year.
``(b) Submittal Date.--Each annual report under this
section shall be submitted at the same time as the report of
the audit of the corporation required by section 10101(b).
``(c) Report Not Public Document.--No annual report under
this section shall be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters for subtitle
II of title 36, United States Code, is amended by inserting
after the item relating to chapter 1503 the following:
``1504. National American Indian Veterans, Incorporated...150401''.....
Subtitle H--Granting Recognition to Accomplished Talented Employees for
Unwavering Loyalty Act
SEC. 6091. SHORT TITLE.
This subtitle may be cited as the ``Granting Recognition to
Accomplished Talented Employees for Unwavering Loyalty Act''
or ``GRATEFUL Act''.
SEC. 6092. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) In 1952, with the enactment of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), Congress established
an immigrant visa program to reward foreign nationals who are
United States Government employees for their service to the
United States (referred to in this Act as the ``Government
Employee Immigrant Visa program'').
(2) For 71 years, the Government Employee Immigrant Visa
program has allowed foreign nationals with at least 15 years
of exceptional service to the United States to immigrate to
the United States with their families.
(3) Such foreign national employees of the United States
Government are the bulwark of United States foreign policy,
risking their lives year after year through civil unrest,
terrorism, natural disasters, and war.
(4) The work of such foreign nationals--
(A) ensures the safety and well-being of United States
citizens;
(B) provides security and logistics for visiting
delegations; and
(C) supports United States Government operations abroad.
(5) Such foreign nationals include employees of the
Department of State, the United States Agency for
International Development, the Department of Defense, the
Department of Homeland Security, the Department of Justice,
the Department of Commerce, and the Department of
Agriculture.
(b) Sense of Congress.--It is the sense of Congress that
the United States should preserve the immigrant visa program
for foreign nationals who are employees of the United States
Government abroad or of the American Institute in Taiwan, and
who have provided exceptional service over a long term to the
United States, by providing a dedicated allocation of visas
for such employees and their immediate family members when
visas are not immediately available in the corresponding visa
category.
SEC. 6093. VISA AVAILABILITY FOR GOVERNMENT EMPLOYEE
IMMIGRANT VISA PROGRAM.
(a) In General.--Beginning in fiscal year 2024, subject to
subsection (b), visas shall be made available to a special
immigrant described in section 101(a)(27)(D) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) if
a visa is not immediately available for issuance to the
special immigrant under section 203(b)(4) of that Act (8
U.S.C. 1153(b)(4)).
(b) Numerical Limitations.--
(1) Fiscal year 2024.--For fiscal year 2024, not more than
3,500 visas shall be made available under subsection (a).
(2) Subsequent fiscal years.--For fiscal year 2025 and each
fiscal year thereafter, not more than 3,000 visas shall be
made available under subsection (a).
(c) Temporary Reduction in Diversity Visas.--Section
203(d)(2) of the Nicaraguan Adjustment and Central America
Relief Act (8 U.S.C. 1151 note; Public Law 105-100) is
amended--
(1) by amending paragraph (2) to read as follows:
``(2) In no case shall the reduction under paragraph (1)
for a fiscal year exceed the amount by which--
``(A) the sum of--
``(i) one-half of the total number of individuals described
in subclauses (I), (II), (III), and (IV) of section
309(c)(5)(C)(i) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note;
Public Law 104-208) who have adjusted their status to that of
aliens lawfully admitted for permanent residence under
section 202 of the Nicaraguan Adjustment and Central American
Relief Act (Public Law 105-100; 8 U.S.C. 1255 note) as of the
end of the previous fiscal year; and
``(ii) the total number of individuals described in section
101(a)(27)(D) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(D)) for whom visas shall be made available
for the applicable fiscal year under section 1093(b) of the
Granting Recognition to Accomplished Talented Employees for
Unwavering Loyalty Act; exceeds
``(B) the total of the reductions in available visas under
this subsection for all previous fiscal years.''; and
(2) by adding at the end the following:
``(3)(A) Paragraph (1) shall not apply in a fiscal year
following a fiscal year for which the total number of aliens
described in subparagraph (B) is zero.
``(B) For a fiscal year, the total number of aliens
described in this subparagraph is the total number of
individuals described in section 101(a)(27)(D) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) who
have been issued visas during the previous fiscal year under
the Granting Recognition to Accomplished Talented Employees
for Unwavering Loyalty Act.
``(C) Nothing in this paragraph may be construed--
``(i) to repeal, modify, or render permanently inapplicable
paragraph (1); or
``(ii) to prevent the offsetting of the number of visas
described in that paragraph for the purpose of providing visa
availability for aliens described in subparagraph (B).
``(4) In the event that the number of visas available for a
fiscal year under section 201(e) of the Immigration and
Nationality Act (8 U.S.C. 1151(e)) is reduced to a number
fewer than 50,000, not fewer than 3,000 visas shall be made
available for individuals described in section 1093(a) of the
Granting Recognition to Accomplished Talented Employees for
Unwavering Loyalty Act.''.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to modify
the number of visas available under section 203(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) to
special immigrants described in section 101(a)(27)(D) of that
Act (8 U.S.C. 1101(a)(27)(D)).
Subtitle I--Additional Matters Relating to Artificial Intelligence
SEC. 6096. REPORT ON ARTIFICIAL INTELLIGENCE REGULATION IN
FINANCIAL SERVICES INDUSTRY.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, each of the Board of Governors of the
Federal Reserve System, the Federal Deposit Insurance
Corporation, the Office of the Comptroller of the Currency,
the National Credit Union Administration, and the Bureau of
Consumer Financial Protection shall submit to the Committee
on Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives a report on its gap in knowledge relating to
artificial intelligence, including an analysis on--
(1) which tasks are most frequently being assisted or
completed with artificial intelligence in the institutions
the agency regulates;
[[Page S4132]]
(2) current governance standards in place for artificial
intelligence use at the agency and current standards in place
for artificial intelligence oversight by the agency;
(3) potentially additional regulatory authorities required
by the agency to continue to successfully execute its
mission;
(4) where artificial intelligence may lead to overlapping
regulatory issues between agencies that require
clarification;
(5) how the agency is currently using artificial
intelligence, how the agency plans to use such artificial
intelligence the next 3 years, and the expected impact,
including fiscal and staffing, of those plans; and
(6) what resources, monetary or other resources, if any,
the agency requires to both adapt to the changes that
artificial intelligence will bring to the regulatory
landscape and to adequately adopt and oversee the use of
artificial intelligence across its operations described in
paragraph (5).
(b) Rule of Construction.--Nothing in this section may be
construed to require an agency to include confidential
supervisory information or pre-decisional or deliberative
non-public information in a report under this section.
SEC. 6097. ARTIFICIAL INTELLIGENCE BUG BOUNTY PROGRAMS.
(a) Program for Foundational Artificial Intelligence
Products Being Incorporated by Department of Defense.--
(1) Development required.--Not later than 180 days after
the date of the enactment of this Act and subject to the
availability of appropriations, the Chief Data and Artificial
Intelligence Officer of the Department of Defense shall
develop a bug bounty program for foundational artificial
intelligence models being integrated into Department of
Defense missions and operations.
(2) Collaboration.--In developing the program required by
paragraph (1), the Chief may collaborate with the heads of
other government agencies that have expertise in
cybersecurity and artificial intelligence.
(3) Implementation authorized.--The Chief may carry out the
program developed pursuant to subsection (a).
(4) Contracts.--The Secretary of Defense shall ensure, as
may be appropriate, that whenever the Department of Defense
enters into any contract, the contract allows for
participation in the bug bounty program developed pursuant to
paragraph (1).
(5) Rule of construction.--Nothing in this subsection shall
be construed to require--
(A) the use of any foundational artificial intelligence
model; or
(B) the implementation of the program developed pursuant to
paragraph (1) in order for the Department to incorporate a
foundational artificial intelligence model.
(b) Briefing.--Not later than one year after the date of
the enactment of this Act, the Chief shall provide the
congressional defense committees a briefing on--
(1) the development and implementation of bug bounty
programs the Chief considers relevant to the matters covered
by this section; and
(2) long-term plans of the Chief with respect to such bug
bounty programs.
(c) Definition of Foundational Artificial Intelligence
Model.--In this section, the term ``foundational artificial
intelligence model'' means an adaptive generative model that
is trained on a broad set of unlabeled data sets that can be
used for different tasks, with minimal fine-tuning.
SEC. 6098. VULNERABILITY ANALYSIS STUDY FOR ARTIFICIAL
INTELLIGENCE-ENABLED MILITARY APPLICATIONS.
(a) Study Required.--Not later than one year after the date
of the enactment of this Act, the Chief Digital and
Artificial Intelligence Officer (CDAO) of the Department of
Defense shall complete a study analyzing the vulnerabilities
to the privacy, security, and accuracy of, and capacity to
assess, artificial intelligence-enabled military
applications, as well as research and development needs for
such applications.
(b) Elements.--The study required by subsection (a) shall
cover the following:
(1) Research and development needs and transition pathways
to advance explainable and interpretable artificial
intelligence-enabled military applications, including the
capability to assess the underlying algorithms and data
models of such applications.
(2) Assessing the potential risks to the privacy, security,
and accuracy of underlying architectures and algorithms of
artificial intelligence-enabled military applications,
including the following:
(A) Individual foundational artificial intelligence models,
including the adequacy of existing testing, training, and
auditing for such models to ensure models can be properly
assessed over time.
(B) The interactions of multiple artificial intelligence-
enabled military applications, and the ability to detect and
assess new, complex, and emergent behavior amongst individual
agents, as well as the collective impact, including how such
changes may affect risk to privacy, security, and accuracy
over time.
(C) The impact of increased agency in artificial
intelligence-enabled military applications and how such
increased agency may affect the ability to detect and assess
new, complex, and emergent behavior, as well risks to the
privacy, security, and accuracy of such applications over
time.
(3) Assessing the survivability and traceability of
decision support systems that are integrated with artificial
intelligence-enabled military applications and used in a
contested environment, including--
(A) potential benefits and risks to Department of Defense
missions and operations of implementing such applications;
and
(B) other technical or operational constraints to ensure
such decision support systems that are integrated with
artificial intelligence-enabled military applications are
able to adhere to the Department of Defense Ethical
Principles for Artificial Intelligence.
(4) Identification of existing artificial intelligence
metrics, developmental, testing and audit capabilities,
personnel, and infrastructure within the Department of
Defense, including test and evaluation facilities, needed to
enable ongoing identification and assessment under paragraphs
(1) through (3), and other factors such as--
(A) implications for deterrence systems based on systems
warfare; and
(B) vulnerability to systems confrontation on the system
and system-of-systems level.
(5) Identification of gaps or research needs to
sufficiently respond to the elements outlined in this
subsection that are not currently, or not sufficiently,
funded within the Department of Defense.
(c) Coordination.--In carrying out the study required by
subsection (a), the Chief Digital and Artificial Intelligence
Officer shall coordinate with the following:
(1) The Director of the Defense Advanced Research Projects
Agency (DARPA).
(2) The Under Secretary of Defense for Research and
Evaluation.
(3) The Under Secretary of Defense for Policy.
(4) The Director for Operational Test and Evaluation
(DOT&E) of the Department.
(5) As the Chief Digital and Artificial Intelligence
Officer considers appropriate, the following:
(A) The Secretary of Energy.
(B) The Director of the National Institute of Standards and
Technology.
(C) The Director of the National Science Foundation.
(D) The head of the National Artificial Intelligence
Initiative Office of the Office of Science and Technology
Policy.
(E) Members and representatives of industry.
(F) Members and representatives of academia.
(d) Interim Briefing.--Not later than 180 days after the
date of the enactment of this Act, the Chief Digital and
Artificial Intelligence Officer shall provide the
congressional defense committees a briefing on the interim
findings of the Chief Digital and Artificial Intelligence
Officer with respect to the study being conducted pursuant to
subsection (a).
(e) Final Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Chief Digital and Artificial
Intelligence Officer shall submit to the congressional
defense committees a final report on the findings of the
Chief Digital and Artificial Intelligence Officer with
respect to the study conducted pursuant to subsection (a).
(2) Form.--The final report submitted pursuant to paragraph
(1) shall be submitted in unclassified for, but may include a
classified annex.
(f) Definition of Foundational Artificial Intelligence
Model.--In this section, the term ``foundational artificial
intelligence model'' means an adaptive generative model that
is trained on a broad set of unlabeled data sets that can be
used for different tasks, with minimal fine-tuning.
SEC. 6099. REPORT ON DATA SHARING AND COORDINATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
ways to improve data sharing, interoperability, and quality,
as may be appropriate, across the Department of Defense.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following:
(1) A description of policies, practices, and cultural
barriers that impede data sharing and interoperability, and
lead to data quality issues, among components of the
Department.
(2) The impact a lack of appropriate levels of data
sharing, interoperability, and quality has on Departmental
collaboration, efficiency, interoperability, and joint-
decisionmaking.
(3) A review of current efforts to promote appropriate data
sharing, including to centralize data management, such as the
ADVANA program.
(4) A description of near-, mid-, and long-term efforts
that the Office of the Secretary of Defense plans to
implement to promote data sharing and interoperability,
including efforts to improve data quality.
(5) A detailed plan to implement a data sharing and
interoperability strategy that supports effective development
and employment of artificial intelligence-enabled military
applications.
(6) A detailed assessment of the implementation of the
Department of Defense Data Strategy issued in 2020, as well
as the use of data decrees to improve management rigor in the
Department when it comes to data sharing and
interoperability.
(7) Any recommendations for Congress with respect to
assisting the Department in these efforts.
[[Page S4133]]
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle C--Matters Relating to Europe and the Russian Federation
SEC. 6231. BLACK SEA SECURITY AND DEVELOPMENT STRATEGY.
(a) Short Title.--This section may be cited as the ``Black
Sea Security Act of 2023''.
(b) Sense of Congress on Black Sea Security.--It is the
sense of Congress that--
(1) it is in the interest of the United States to support
efforts to prevent the spread of further armed conflict in
Europe by recognizing the Black Sea region as an arena of
Russian aggression;
(2) littoral states of the Black Sea are critical in
countering aggression by the Government of the Russian
Federation and contributing to the collective security of
NATO;
(3) the repeated, illegal, unprovoked, and violent attempts
of the Russian Federation to expand its territory and control
access to the Mediterranean Sea through the Black Sea
constitutes a threat to the national security of the United
States and NATO;
(4) the United States condemns attempts by the Russian
Federation to change or alter boundaries in the Black Sea
region by force or any means contrary to international law
and to impose a sphere of influence across the region;
(5) the United States condemns Russia's illegitimate
territorial claims, including those on the Crimean Peninsula,
along Ukraine's territorial waters in the Black Sea and the
Sea of Azov, in the Black Sea's international waters, and in
the territories it is illegally occupying in Ukraine;
(6) the United States should continue to work within NATO
and with NATO allies to develop a long-term strategy to
enhance security, establish a permanent, sustainable presence
along NATO's eastern flank, and bolster the democratic
resilience of its allies and partners in the region;
(7) the United States should consider whether it should
work within NATO and with NATO allies to develop a regular,
rotational maritime presence in the Black Sea;
(8) the United States should work with the European Union
on coordinating a strategy to support democratic initiatives
and economic prosperity in the region, which includes 2
European Union members and 4 European Union aspirant nations;
(9) the United States should work to foster dialogue among
countries within the Black Sea region to improve
communication and intelligence sharing and increase cyber
defense capabilities;
(10) countries with historic and economic ties to Russia
are looking to the United States and Europe to provide a
positive economic presence in the broader region as a
counterbalance to the Russian Federation's malign influence
in the region;
(11) it is in the interest of the United States to support
and bolster the economic ties between the United States and
Black Sea states;
(12) the United States should support the initiative
undertaken by central and eastern European states to advance
the Three Seas Initiative Fund to strengthen transport,
energy, and digital infrastructure connectivity in the region
between the Adriatic Sea, Baltic Sea, and Black Sea;
(13) there are mutually beneficial opportunities for
increased investment and economic expansion, particularly on
energy and transport infrastructure initiatives, between the
United States and Black Sea states and the broader region;
(14) improved economic ties between the United States and
the Black Sea states and the broader region can lead to a
strengthened strategic partnership;
(15) the United States must seek to address the food
security challenges arising from disruption of Ukraine's
Black Sea and Azov Sea ports, as this global challenge will
have critical national security implications for the United
States, our partners, and allies;
(16) Turkey, in coordination with the United Nations, has
played an important role in alleviating global food
insecurity by negotiating two agreements to allow grain
exports from Ukrainian ports through a safe corridor in the
Black Sea;
(17) Russia has a brutal history of using hunger as a
weapon and must be stopped; and
(18) countering the PRC's coercive economic pursuits
remains an important policy imperative in order to further
integrate the Black Sea states into western economies and
improve regional stability.
(c) United States Policy.--It is the policy of the United
States--
(1) to actively deter the threat of Russia's further
escalation in the Black Sea region and defend freedom of
navigation in the Black Sea to prevent the spread of further
armed conflict in Europe;
(2) to advocate within NATO, among NATO allies, and within
the European Union to develop a long-term coordinated
strategy to enhance security, establish a sustainable
presence in the eastern flank, and bolster the democratic
resilience of United States allies and partners in the
region;
(3) to consider whether to advocate within NATO and among
NATO allies to develop a regular, rotational maritime
presence in the Black Sea;
(4) to support and bolster the economic ties between the
United States and Black Sea partners and mobilize the
Department of State, the Department of Defense, and other
relevant Federal departments and agencies by enhancing the
United States presence and investment in Black Sea states;
(5) to provide economic alternatives to the PRC's coercive
economic options that destabilize and further erode economic
integration of the Black Sea states;
(6) to ensure that the United States continues to support
Black Sea states' efforts to strengthen their democratic
institutions to prevent corruption and accelerate their
advancement into the Euroatlantic community; and
(7) to encourage the initiative undertaken by central and
eastern European states to advance the Three Seas Initiative
to strengthen transport, energy, and digital infrastructure
connectivity in the region between the Adriatic Sea, Baltic
Sea, and Black Sea.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Select Committee on Intelligence of the Senate;
(E) the Committee on Energy and Natural Resources of the
Senate;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Committee on Appropriations of the House of
Representatives;
(I) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(J) the Committee on Energy and Commerce of the House of
Representatives.
(2) Black sea states.--The term ``Black Sea states'' means
Turkey, Romania, Bulgaria, Moldova, Ukraine, and Georgia.
(3) PRC.--The term ``PRC'' means the People's Republic of
China.
(e) Black Sea Security and Development Strategy.--Not later
than 180 days after the date of the enactment of this Act,
the National Security Council, in coordination with the
Department of State, the Department of Defense, and other
relevant Federal departments and agencies, shall direct an
interagency strategy with a classified annex--
(1) to increase coordination with NATO and the European
Union;
(2) to deepen economic ties;
(3) to strengthen energy security;
(4) to support efforts to bolster their democratic
resilience; and
(5) to enhance security assistance with our regional
partners in accordance with the values and interests of the
United States.
(f) Purpose and Objectives.--The strategy authorized under
subsection (e) shall have the following goals and objectives:
(1) Ensuring the efficient and effective delivery of
security assistance to regional partners in accordance with
the values and interests of the United States, prioritizing
assistance that will bolster defenses and improve
interoperability with NATO forces.
(2) Bolstering United States support for the region's
energy security and integration with Europe and reducing
their dependence on Russia while supporting energy
diversification.
(3) Mitigating the impact of economic coercion by the
Russian Federation and the PRC on Black Sea states and
identifying new opportunities for foreign direct investment
from the United States and cooperating countries and the
enhancement of United States business ties with regional
partners in accordance with the values and interests of the
United States.
(4) Increasing high-level engagement between the United
States and regional partners, and reinforcing economic
growth, financing quality infrastructure, and reinforcing
trade with a focus on improving high-level economic
cooperation.
(5) Increasing United States coordination with the European
Union and NATO to maximize effectiveness and minimize
duplication.
(g) Activities.--
(1) Security.--The strategy authorized under subsection (e)
should include the following elements related to security:
(A) A plan to increase interagency coordination on the
Black Sea region.
(B) An assessment of whether a United States-led initiative
with NATO allies to increase coordination, presence, and
regional engagement among Black Sea states is advisable.
(C) An assessment of whether there is a need to increase
security assistance or security cooperation with Black Sea
states, focused on Ukraine, Romania, Bulgaria, Moldova, and
Georgia.
(D) An assessment of the value of establishing a United
States or multinational headquarters on the Black Sea,
responsible for planning, readiness, exercises, and
coordination of military activity in the greater Black Sea
region.
(E) An assessment of the challenges and opportunities of
establishing a regular, rotational NATO maritime presence in
the Black Sea.
(F) An overview of Foreign Military Financing,
International Military Education and Training, and other
United States security assistance to the Black Sea region.
(G) A plan for combating Russian disinformation and
propaganda in the Black Sea region that utilizes the
resources of the United States Government.
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(H) A plan to promote greater freedom of navigation to
allow for greater security and economic Black Sea access.
(2) Economic prosperity.--The strategy authorized under
subsection (e) shall include the following elements related
to economic prosperity:
(A) A strategy to foster dialogue between experts from the
United States and from the Black Sea states on economic
expansion, foreign direct investment, strengthening rule of
law initiatives, and mitigating economic coercion by Russia
and the PRC.
(B) A strategy for all the relevant Federal departments and
agencies that contribute to United States economic statecraft
to expand their presence and identify new opportunities for
private investment with regional partners in accordance with
the values and interests of the United States.
(C) Assessments on energy diversification, focusing on the
immediate need to replace energy supplies from Russia, and
recognizing the long-term importance of broader energy
diversification.
(D) Assessments of potential food security solutions,
including sustainable, long-term arrangements beyond the
Black Sea Grain Initiative.
(3) Democratic resilience.--The strategy authorized under
subsection (e) shall include the following elements related
to democratic resilience:
(A) A strategy to increase independent media and United
States-supported media initiatives to combat foreign malign
influence in the Black Sea region.
(B) Greater mobilization of initiatives spearheaded by the
Department of State and the United States Agency for
International Development to counter Russian propaganda and
disinformation in the Black Sea region.
(4) Regional connectivity.--The strategy authorized under
subsection (e) shall promote regional connectivity by sending
high-level representatives of the Department of State or
other agency partners to--
(A) the Black Sea region not less frequently than twice per
year; and
(B) major regional fora on infrastructure and energy
security, including the Three Seas Initiative Summit.
(h) Identification of Necessary Programs and Resources.--
Not later than 360 days after the date of the enactment of
this Act, the interagency strategy shall identify any
necessary program, policy, or budgetary resources required,
by agency, to support the implementation of the Black Sea
Security Strategy for fiscal years 2024, 2025, and 2026.
(i) Responsibilities of Federal Departments and Agencies.--
Nothing under this section may be construed to authorize the
National Security Council to assume any of the
responsibilities or authorities of the head of any Federal
department, agency, or office, including the foreign affairs
responsibilities and authorities of the Secretary of State,
to oversee the implementation of programs and policies under
this section.
Subtitle D--Matters Relating to the Indo-Pacific Region
SEC. 6241. SENSE OF CONGRESS ON THE RENEWAL OF THE COMPACTS
OF FREE ASSOCIATION WITH THE REPUBLIC OF PALAU,
THE FEDERATED STATES OF MICRONESIA, AND THE
REPUBLIC OF THE MARSHALL ISLANDS.
(a) Findings.--Congress finds that--
(1) in 1947, the United Nations entrusted the United States
with the defense and security of the region that now
comprises--
(A) the Republic of Palau;
(B) the Federated States of Micronesia; and
(C) the Republic of the Marshall Islands;
(2) in 1983, the United States signed Compacts of Free
Association with the Federated States of Micronesia and the
Republic of the Marshall Islands;
(3) in 1985, the United States signed a Compact of Free
Association with the Republic of Palau;
(4) in 1986, Congress--
(A) enacted the Compact of Free Association Act of 1985 (48
U.S.C. 1901 note; Public Law 99-239), which approved the
Compacts of Free Association with the Federated States of
Micronesia and the Republic of the Marshall Islands; and
(B) enacted Public Law 99-658 (48 U.S.C. 1931 note), which
approved the Compact of Free Association with the Republic of
Palau;
(5) in 2003, Congress enacted the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188), which approved and renewed the Compacts
of Free Association with the Federated States of Micronesia
and the Republic of the Marshall Islands;
(6) in 2010, the United States and the Republic of Palau
agreed to terms for renewing the Compact of Free Association
with the Republic of Palau in the Palau Compact Review
Agreement, which was approved by Congress in section 1259C of
the National Defense Authorization Act for Fiscal Year 2018
(48 U.S.C. 1931 note; Public Law 115-91);
(7) on January 11, 2023, the United States signed a
Memorandum of Understanding with the Republic of the Marshall
Islands on funding priorities for the Compact of Free
Association with the Republic of the Marshall Islands;
(8) on May 22, 2023, the United States signed the U.S.-
Palau 2023 Agreement, following the Compact of Free
Association Section 432 Review;
(9) on May 23, 2023, the United States signed 3 agreements
relating to the U.S.-FSM Compact of Free Association, which
included--
(A) an Agreement to Amend the Compact, as amended;
(B) a new fiscal procedures agreement; and
(C) a new trust fund agreement; and
(10) the United States is undergoing negotiations relating
to the Compact of Free Association with the Republic of the
Marshall Islands.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the close and strategic partnerships of the United
States with the Republic of Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands are
vital to international peace and security in the Indo-Pacific
region;
(2) the Compacts of Free Association with the Republic of
Palau, the Federated States of Micronesia, and the Republic
of the Marshall Islands form the political, economic, and
security architecture that bolsters and sustains security and
drives regional development and the prosperity of the larger
Indo-Pacific community of nations;
(3) certain provisions of the current Compacts of Free
Association with the Federated States of Micronesia and the
Republic of the Marshall Islands expire on September 30,
2023;
(4) certain provisions of the Compact of Free Association
with the Republic of Palau expire on September 30, 2024;
(5) it is in the national interest of the United States to
successfully renegotiate and renew the Compacts of Free
Association with the Republic of Palau, the Federated States
of Micronesia, and the Republic of the Marshall Islands; and
(6) enacting legislation to approve amended Compacts of
Free Association with the Republic of Palau, the Federated
States of Micronesia, and the Republic of the Marshall
Islands is the most important way for Congress to support
United States strategic partnerships with the 3 countries.
SEC. 6242. ELIGIBILITY OF TAIWAN FOR THE STRATEGIC TRADE
AUTHORIZATION EXCEPTION TO CERTAIN EXPORT
CONTROL LICENSING REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Taiwan has adopted high standards in the field of
export controls.
(2) Taiwan has declared its unilateral adherence to the
Missile Technology Control Regime, the Wassenaar Arrangement,
the Australia Group, and the Nuclear Suppliers Group.
(3) At the request of President George W. Bush, section
1206 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 2321k note) required that
Taiwan be treated as if it were designated as a major non-
NATO ally (as defined in section 644(q) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(q)).
(b) Eligibility for Strategic Trade Authorization.--The
President, consistent with the commitments of the United
States under international arrangements, shall take steps so
that Taiwan may be treated as if it were included in the list
of countries eligible for the strategic trade authorization
exception under section 740.20(c)(1) of the Export
Administration Regulations to the requirement for a license
for the export, re-export, or in-country transfer of an item
subject to controls under the Export Administration
Regulations.
(c) Criteria.--Before the President may treat Taiwan as
eligible for the exception described in subsection (b), the
President shall ensure that Taiwan satisfies any applicable
criteria normally required for inclusion in the Country Group
A:5 list set forth in Supplement No. 1 to part 740 of the
Export Administration Regulations, particularly with respect
to alignment of export control policies with such policies of
the United States.
(d) Export Administration Regulations Defined.--In this
section, the term ``Export Administration Regulations'' has
the meaning given that term in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
SEC. 6243. AUDIT TO IDENTIFY DIVERSION OF DEPARTMENT OF
DEFENSE FUNDING TO CHINA'S RESEARCH LABS.
Section 1263 is deemed to read as follows:
``SEC. 1263. AUDIT TO IDENTIFY DIVERSION OF DEPARTMENT OF
DEFENSE FUNDING TO CHINA'S RESEARCH LABS.
``(a) In General.--Not later than 180 days after the date
of the enactment of this Act, the Department of Defense
Office of Inspector General shall conduct a study, and submit
a report to Congress, regarding the amount of Federal funds
awarded by the Department of Defense (whether directly or
indirectly) through grants, contracts, subgrants,
subcontracts, or any other type of agreement or
collaboration, during the 10-year period immediately
preceding such date of enactment, that--
``(1) was provided, whether purposely or inadvertently,
to--
``(A) the People's Republic of China;
``(B) the Communist Party of China;
``(C) the Wuhan Institute of Virology or any other
organization administered by the Chinese Academy of Sciences;
``(D) EcoHealth Alliance Inc., including any subsidiaries
and related organizations that are directly controlled by
EcoHealth Alliance, Inc.;
``(E) the Academy of Military Medical Sciences or any of
its research institutes, including the Beijing Institute of
Microbiology and Epidemiology; or
``(F) any other lab, agency, organization, individual, or
instrumentality that is owned,
[[Page S4135]]
controlled (directly or indirectly), or overseen (officially
or unofficially) by any of the entities listed in
subparagraphs (A) through (D); or
``(2) was used to fund research or experiments that could
have reasonably resulted in the enhancement of any
coronavirus, influenza, Nipah, Ebola, or other pathogen of
pandemic potential or chimeric versions of such a virus or
pathogen in the People's Republic of China or any other
foreign country.
``(b) Identification of Countries and Pathogens.--The
report required under subsection (a) shall specify--
``(1) the countries in which the research or experiments
described in subsection (a)(2) was conducted; and
``(2) the pathogens involved in such research or
experiments.''.
Subtitle G--Other Matters
SEC. 6291. SENSE OF THE SENATE ON DIGITAL TRADE AND THE
DIGITAL ECONOMY.
(a) Findings.--Congress makes the following findings:
(1) Over half of the world's population, totaling more than
5,000,000,000 people, use the internet.
(2) The digital economy encompasses the economic and social
activity from billions of online connections among people,
businesses, devices, and data as a result of the internet,
mobile technology, and the internet of things.
(3) The Bureau of Economic Analysis found that the digital
economy contributed nearly 10.3 percent of United States
gross domestic product and supported 8,000,000 United States
jobs in 2020.
(4) The digital sector added 1,400,000 new jobs between
2019 and 2022.
(5) United States jobs supported by the digital economy
have sustained annual wage growth at a rate of 5.9 percent
since 2010, as compared to a 4.2 percent for all jobs.
(6) In 2021, United States exports of digital services
surpassed $594,000,000,000, accounting for more than half of
all United States services exports and generating a digital
services trade surplus for the United States of
$262,300,000,000.
(7) Digital trade bolsters the digital economy by enabling
the sale of goods on the internet and the supply of online
services across borders and depends on the free flow of data
across borders to promote commerce, manufacturing, and
innovation.
(8) Digital trade has become increasingly vital to United
States workers and businesses of all sizes, including the
countless small and medium-sized enterprises that use digital
technology, data flows, and e-commerce to export goods and
services across the world.
(9) Digital trade has advanced entrepreneurship
opportunities for women, people of color, and individuals
from otherwise underrepresented backgrounds and enabled the
formation of innovative start-ups.
(10) International supply chains are becoming increasingly
digitized and data driven and businesses in a variety of
industries, such as construction, healthcare, transportation,
and aerospace, invested heavily in digital supply chain
technologies in 2020.
(11) United States Trade Representative Katherine Tai said,
``[T]here is no bright line separating digital trade from the
digital economy--or the `traditional' economy for that
matter. Nearly every aspect of our economy has been digitized
to some degree.''.
(12) Industries outside of the technology sector, such as
manufacturing and agriculture, are integrating digital
technology into their businesses in order to increase
efficiency, improve safety, reach new customers, and remain
globally competitive.
(13) The increasing reliance on digital technologies has
modernized legacy processes, accelerated workflows, increased
access to information and services, and strengthened security
in a variety of industries, leading to better health,
environmental, and safety outcomes.
(14) The COVID-19 pandemic has led to increased uptake and
reliance on digital technologies, data flows, and e-commerce.
(15) Ninety percent of adults in the United States say that
the internet has been essential or important for them
personally during the COVID-19 pandemic.
(16) United States families, workers, and business owners
have seen how vital access to the internet has been to daily
life, as work, education, medicine, and communication with
family and friends have shifted increasingly online.
(17) Many individuals and families, especially in rural and
Tribal communities, struggle to participate in the digital
economy because of a lack of access to a reliable internet
connection.
(18) New developments in technology must be deployed with
consideration to the unique access challenges of rural, urban
underserved, and vulnerable communities.
(19) Digital trade has the power to help level the playing
field and uplift those in traditionally unrepresented or
underrepresented communities.
(20) Countries have negotiated international rules
governing digital trade in various bilateral and plurilateral
agreements, but those rules remain fragmented, and no
multilateral agreement on digital trade exists within the
World Trade Organization.
(21) The United States, through free trade agreements or
other digital agreements, has been a leader in developing a
set of rules and standards on digital governance and e-
commerce that has helped allies and partners of the United
States unlock the full economic and social potential of
digital trade.
(22) Congress recognizes the need for agreements on digital
trade, as indicated by its support for a robust digital trade
chapter in the United States-Mexico-Canada Agreement.
(23) Other countries are operating under their own digital
rules, some of which are contrary to democratic values shared
by the United States and many allies and partners of the
United States.
(24) Those countries are attempting to advance their own
digital rules on a global scale.
(25) Examples of the plethora of nontariff barriers to
digital trade that have emerged around the globe include--
(A) overly restrictive data localization requirements and
limitations on cross border data flows that do not achieve
legitimate public policy objectives;
(B) intellectual property rights infringement;
(C) policies that make market access contingent on forced
technology transfers or voluntary transfers subject to
coercive terms;
(D) web filtering;
(E) economic espionage;
(F) cybercrime exposure; and
(G) government-directed theft of trade secrets.
(26) Certain countries are pursuing or have implemented
digital policies that unfairly discriminate against
innovative United States technology companies and United
States workers that create and deliver digital products and
services.
(27) The Government of the People's Republic of China is
currently advancing a model for digital governance and the
digital economy domestically and abroad through its Digital
Silk Road Initiative that permits censorship, surveillance,
human and worker rights abuses, forced technology transfers,
and data flow restrictions at the expense of human and worker
rights, privacy, the free flow of data, and an open internet.
(28) The 2022 Country Reports on Human Rights Practices of
the Department of State highlighted significant human rights
issues committed by the People's Republic of China in the
digital realm, including ``arbitrary interference with
privacy including pervasive and intrusive technical
surveillance and monitoring including the use of COVID-19
tracking apps for nonpublic-health purposes; punishment of
family members for offenses allegedly committed by an
individual; serious restrictions on free expression and
media, including physical attacks on and criminal prosecution
of journalists, lawyers, writers, bloggers, dissidents,
petitioners, and others; serious restrictions on internet
freedom, including site blocking''.
(29) The United States discourages digital
authoritarianism, including practices that undermine human
and worker rights and result in other social and economic
coercion.
(30) Allies and trading partners of the United States in
the Indo-Pacific region have urged the United States to
deepen economic engagement in the region by negotiating rules
on digital trade and technology standards.
(31) The digital economy has provided new opportunities for
economic development, entrepreneurship, and growth in
developing countries around the world.
(32) Negotiating strong digital trade principles and
commitments with allies and partners across the globe enables
the United States to unite like-minded economies around
common standards and ensure that principles of democracy,
rule of law, freedom of speech, human and worker rights,
privacy, and a free and open internet are at the very core of
digital governance.
(33) United States leadership and substantive engagement is
necessary to ensure that global digital rules reflect United
States values so that workers are treated fairly, small
businesses can compete and win in the global economy, and
consumers are guaranteed the right to privacy and security.
(34) The United States supports rules that reduce digital
trade barriers, promote free expression and the free flow of
information, enhance privacy protections, protect sensitive
information, defend human and worker rights, prohibit forced
technology transfer, and promote digitally enabled commerce.
(35) The United States supports efforts to cooperate with
allies and trading partners to mitigate the risks of
cyberattacks, address potentially illegal or deceptive
business activities online, promote financial inclusion and
digital workforce skills, and develop rules to govern the use
of artificial intelligence and other emerging and future
technologies.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the United States should negotiate strong, inclusive,
forward-looking, and enforceable rules on digital trade and
the digital economy with like-minded countries as part of a
broader trade and economic strategy to address digital
barriers and ensure that the United States values of
democracy, rule of law, freedom of speech, human and worker
rights, privacy, and a free and open internet are at the very
core of the digital world and advanced technology;
(2) in conducting such negotiations, the United States
must--
(A) pursue digital trade rules that--
(i) serve the best interests of workers, consumers, and
small and medium-sized enterprises;
(ii) empower United States workers;
(iii) fuel wage growth; and
[[Page S4136]]
(iv) lead to materially positive economic outcomes for all
people in the United States;
(B) ensure that any future agreement prevents the adoption
of non-democratic, coercive, or overly restrictive policies
that would be obstacles to a free and open internet and harm
the ability of the e-commerce marketplace to continue to grow
and thrive;
(C) coordinate sufficient trade-related assistance to
ensure that developing countries can improve their capacity
and benefit from increased digital trade; and
(D) consult closely with all relevant stakeholders,
including workers, consumers, small and medium-sized
enterprises, civil society groups, and human rights
advocates; and
(3) with respect to any negotiations for an agreement
facilitating digital trade, the United States Trade
Representative and the heads of other relevant Federal
agencies must consult closely and on a timely basis with
Congress.
SEC. 6292. ASSESSMENT OF CERTAIN UNITED STATES-ORIGIN
TECHNOLOGY USED BY FOREIGN ADVERSARIES.
(a) In General.--The Director of National Intelligence
shall conduct an assessment to evaluate the top five
technologies that originate in the United States and are not
currently subject to export controls as prioritized by the
Director of National Intelligence, in order to identify and
assess the risk from those specified technologies that could
be or are being used by foreign adversaries in foreign
espionage programs targeting the United States.
(b) Report Required.--Not later than 270 days after the
date of the enactment of this Act, the Director shall submit
a report on the assessment required by subsection (a) to--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 6293. VIRGINIA CLASS SUBMARINE TRANSFER CERTIFICATION.
(a) Certification Required.--
(1) In general.--Not less than 60 days prior to
transferring one or more Virginia class submarines from the
inventory of the United States Navy to the Government of
Australia, under section 21 of the Arms Export Control Act
(22 U.S.C. 2761), the President shall certify to the
appropriate congressional committees that--
(A) any submarine transferred under such authority shall be
used to support the joint security interests and military
operations of the United States and Australia;
(B) Submarine Rotational Forces-West Full Operational
Capability to support 4 rotationally deployed Virginia-class
submarines and one Astute-class submarine has been achieved,
including the Government of Australia having demonstrated the
domestic capacity to fully perform all the associated
activities necessary for the safe hosting and operation of
nuclear-powered submarines; and
(C) Australia Sovereign-Ready Initial Operational
Capability to support a Royal Australian Navy Virginia-class
submarine has been achieved, including the Government of
Australia having demonstrated the domestic capacity to fully
perform all the associated--
(i) activities necessary for the safe hosting and operation
of nuclear-powered submarines;
(ii) crewing;
(iii) operations;
(iv) regulatory and emergency procedures, including those
specific to nuclear power plants; and
(v) detailed planning for enduring Virginia-class submarine
ownership, including each significant event leading up to and
including nuclear defueling.
(b) Definitions.--In this section:
(1) Activities necessary for the safe hosting or operation
of nuclear-powered submarines.--The term ``activities
necessary for the safe hosting and operation of nuclear-
powered submarines'' means each of the following activities
as it relates to Virginia-class and Astute-class submarines,
as appropriate, and in accordance with applicable United
States Navy or other Government agency instructions,
regulations, and standards:
(A) Maintenance.
(B) Training.
(C) Technical oversight.
(D) Safety certifications.
(E) Physical, communications, operational, cyber, and other
security measures.
(F) Port operations and infrastructure support.
(G) Storage, including spare parts, repair parts, and
munitions.
(H) Hazardous material handling and storage.
(I) Information technology systems.
(J) Support functions, including those related to medical,
quality-of-life, and family needs.
(K) Such other related tasks as may be specified by the
Secretary of Defense.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle B--Nuclear Forces
SEC. 6511. ANNUAL REPORT ON DEVELOPMENT OF LONG-RANGE STAND-
OFF WEAPON.
(a) Report Required.--Not later than March 1, 2024, and
annually thereafter until the date on which long-range stand-
off weapon reaches initial operational capability, the
Administrator for Nuclear Security, in coordination with the
Secretary of the Air Force and the Chairman of the Nuclear
Weapons Council, shall submit to the congressional defense
committees a report on the joint development of the long-
range stand-off weapon, including the missile developed by
the Air Force and the W80-4 warhead life extension program
conducted by the National Nuclear Security Administration.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An estimate of the date on which the long-range stand-
off weapon will reach initial operational capability.
(2) A description of any development milestones for the
missile developed by the Air Force or the warhead developed
by the National Nuclear Security Administration that depend
on corresponding progress at the other agency.
(3) A description of coordination efforts between the Air
Force and the National Nuclear Security Administration during
the period covered by the report.
(4) A description of any schedule delays projected by the
Air Force or the National Nuclear Security Administration and
the anticipated effect such delays would have on the schedule
of work of the other agency.
(5) Plans to mitigate the effects of any delays described
in paragraph (4).
(6) A description of any ways, including through the
availability of additional funding or authorities, in which
the development milestones described in paragraph (2) or the
estimated date of initial operational capability referred to
in paragraph (1), could be achieved more quickly.
(7) An estimate of the acquisition costs for the long-range
stand-off weapon and the W80-4 warhead life extension
program.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
TITLE LXVIII--FEND OFF FENTANYL ACT
SEC. 6801. SHORT TITLE.
This title may be cited as the ``Fentanyl Eradication and
Narcotics Deterrence Off Fentanyl Act'' or the ``FEND Off
Fentanyl Act''.
SEC. 6802. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the proliferation of fentanyl is causing an
unprecedented surge in overdose deaths in the United States,
fracturing families and communities, and necessitating a
comprehensive policy response to combat its lethal flow and
to mitigate the drug's devastating consequences;
(2) the trafficking of fentanyl into the United States is a
national security threat that has killed hundreds of
thousands of United States citizens;
(3) transnational criminal organizations, including cartels
primarily based in Mexico, are the main purveyors of fentanyl
into the United States and must be held accountable;
(4) precursor chemicals sourced from the People's Republic
of China are--
(A) shipped from the People's Republic of China by
legitimate and illegitimate means;
(B) transformed through various synthetic processes to
produce different forms of fentanyl; and
(C) crucial to the production of illicit fentanyl by
transnational criminal organizations, contributing to the
ongoing opioid crisis;
(5) the United States Government must remain vigilant to
address all new forms of fentanyl precursors and drugs used
in combination with fentanyl, such as Xylazine, which
attribute to overdose deaths of people in the United States;
(6) to increase the cost of fentanyl trafficking, the
United States Government should work collaboratively across
agencies and should surge analytic capability to impose
sanctions and other remedies with respect to transnational
criminal organizations (including cartels), including foreign
nationals who facilitate the trade in illicit fentanyl and
its precursors from the People's Republic of China; and
(7) the Department of the Treasury should focus on fentanyl
trafficking and its facilitators as one of the top national
security priorities for the Department.
SEC. 6803. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(2) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign country; or
[[Page S4137]]
(ii) any entity not organized under the laws of the United
States or a jurisdiction within the United States; and
(B) does not include the government of a foreign country.
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) Trafficking.--The term ``trafficking'', with respect to
fentanyl, fentanyl precursors, or other related opioids, has
the meaning given the term ``opioid trafficking'' in section
7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
(5) Transnational criminal organization.--The term
``transnational criminal organization'' includes--
(A) any organization designated as a significant
transnational criminal organization under part 590 of title
31, Code of Federal Regulations;
(B) any of the organizations known as--
(i) the Sinaloa Cartel;
(ii) the Jalisco New Generation Cartel;
(iii) the Gulf Cartel;
(iv) the Los Zetas Cartel;
(v) the Juarez Cartel;
(vi) the Tijuana Cartel;
(vii) the Beltran-Leyva Cartel; or
(viii) La Familia Michoacana; or
(C) any other organization that the President determines is
a transnational criminal organization; or
(D) any successor organization to an organization described
in subparagraph (B) or as otherwise determined by the
President.
(6) 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;
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
Subtitle A--Sanctions Matters
PART I--SANCTIONS IN RESPONSE TO NATIONAL EMERGENCY RELATING TO
FENTANYL TRAFFICKING
SEC. 6811. FINDING; POLICY.
(a) Finding.--Congress finds that international trafficking
of fentanyl, fentanyl precursors, or other related opioids
constitutes an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States, and is a national emergency.
(b) Policy.--It shall be the policy of the United States to
apply economic and other financial sanctions to those who
engage in the international trafficking of fentanyl, fentanyl
precursors, or other related opioids to protect the national
security, foreign policy, and economy of the United States.
SEC. 6812. USE OF NATIONAL EMERGENCY AUTHORITIES; REPORTING.
(a) In General.--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 part.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report on actions taken by the executive branch
pursuant to this part and any national emergency declared
with respect to the trafficking of fentanyl and trade in
other illicit drugs, including--
(A) the issuance of any new or revised regulations,
policies, or guidance;
(B) the imposition of sanctions;
(C) the collection of relevant information from outside
parties;
(D) the issuance or closure of general licenses, specific
licenses, and statements of licensing policy by the Office of
Foreign Assets Control;
(E) a description of any pending enforcement cases; or
(F) the implementation of mitigation procedures.
(2) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include the
matters required by subparagraphs (C), (D), (E), and (F) of
that paragraph in a classified annex.
SEC. 6813. CODIFICATION OF EXECUTIVE ORDER IMPOSING SANCTIONS
WITH RESPECT TO FOREIGN PERSONS INVOLVED IN
GLOBAL ILLICIT DRUG TRADE.
United States sanctions provided for in Executive Order
14059 (50 U.S.C. 1701 note; relating to imposing sanctions on
foreign persons involved in the global illicit drug trade),
and any amendments to or directives issued pursuant to such
Executive order before the date of the enactment of this Act,
shall remain in effect.
SEC. 6814. IMPOSITION OF SANCTIONS WITH RESPECT TO FENTANYL
TRAFFICKING BY TRANSNATIONAL CRIMINAL
ORGANIZATIONS.
(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to any foreign
person the President determines--
(1) is knowingly involved in the significant trafficking of
fentanyl, fentanyl precursors, or other related opioids,
including such trafficking by a transnational criminal
organization; or
(2) otherwise is knowingly involved in significant
activities of a transnational criminal organization relating
to the trafficking of fentanyl, fentanyl precursors, or other
related opioids.
(b) Sanctions Described.--The President may, pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), block and prohibit all transactions in
property and interests in property of a foreign person
described in subsection (a) 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.
(c) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter,
the President shall submit to the appropriate congressional
committees a report on actions taken by the executive branch
with respect to the foreign persons identified under
subsection (a).
SEC. 6815. PENALTIES; WAIVERS; EXCEPTIONS.
(a) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
part or any regulation, license, or order issued to carry out
this part 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.
(b) National Security Waiver.--The President may waive the
application of sanctions under this part with respect to a
foreign person if the President determines that the waiver is
in the national security interest of the United States.
(c) Exceptions.--
(1) Exception for intelligence activities.--This part 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
activities of the United States.
(2) Exception for compliance with international obligations
and law enforcement activities.--Sanctions under this part
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success on June 26, 1947, and entered into
force November 21, 1947, between the United Nations and the
United States, or other applicable international obligations
of the United States; or
(B) to carry out or assist law enforcement activity of the
United States.
(3) Humanitarian exemption.--The President may not impose
sanctions under this part 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.
SEC. 6816. TREATMENT OF FORFEITED PROPERTY OF TRANSNATIONAL
CRIMINAL ORGANIZATIONS.
(a) Transfer of Forfeited Property to Forfeiture Funds.--
(1) In general.--Any covered forfeited property shall be
deposited into the Department of the Treasury Forfeiture Fund
established under section 9705 of title 31, United States
Code, or the Department of Justice Assets Forfeiture Fund
established under section 524(c) of title 28, United States
Code.
(2) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the President shall submit to the appropriate
congressional committees a report on any deposits made under
paragraph (1) during the 180-day period preceding submission
of the report.
(3) Covered forfeited property defined.--In this
subsection, the term ``covered forfeited property'' means
property--
(A) forfeited to the United States under chapter 46 or
section 1963 of title 18, United States Code; and
(B) that belonged to or was possessed by an individual
affiliated with or connected to a transnational criminal
organization subject to sanctions under--
(i) this part;
(ii) the Fentanyl Sanctions Act (21 U.S.C. 2301 et seq.);
or
(iii) Executive Order 14059 (50 U.S.C. 1701 note; relating
to imposing sanctions on foreign persons involved in the
global illicit drug trade).
(b) Blocked Assets Under Terrorism Risk Insurance Act of
2002.--Nothing in this part affects the treatment of blocked
assets of a terrorist party described in subsection (a) of
section 201 of the Terrorism Risk Insurance Act of 2002 (28
U.S.C. 1610 note).
PART II--OTHER MATTERS
SEC. 6821. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF
SANCTIONS.
(a) International Emergency Economic Powers Act.--Section
206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended by adding at the end the following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding for the
enforcement of any civil fine, penalty, or forfeiture,
pecuniary or otherwise, under this section shall not be
entertained unless commenced within ten years after the
latest date of the violation upon which the civil fine,
penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this paragraph, the
commencement of an action,
[[Page S4138]]
suit, or proceeding includes the issuance of a pre-penalty
notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (c)
unless the indictment is found or the information is
instituted within ten years after the latest date of the
violation upon which the indictment or information is
based.''.
(b) Trading With the Enemy Act.--Section 16 of the Trading
with the Enemy Act (50 U.S.C. 4315) is amended by adding at
the end the following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding for the
enforcement of any civil fine, penalty, or forfeiture,
pecuniary or otherwise, under this section shall not be
entertained unless commenced within ten years after the
latest date of the violation upon which the civil fine,
penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this paragraph, the
commencement of an action, suit, or proceeding includes the
issuance of a pre-penalty notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (a)
unless the indictment is found or the information is
instituted within ten years after the latest date of the
violation upon which the indictment or information is
based.''.
SEC. 6822. CLASSIFIED REPORT AND BRIEFING ON STAFFING OF
OFFICE OF FOREIGN ASSETS CONTROL.
Not later than 180 days after the date of the enactment of
this Act, the Director of the Office of Foreign Assets
Control shall provide to the appropriate congressional
committees a classified report and briefing on the staffing
of the Office of Foreign Assets Control, disaggregated by
staffing dedicated to each sanctions program and each country
or issue.
SEC. 6823. REPORT ON DRUG TRANSPORTATION ROUTES AND USE OF
VESSELS WITH MISLABELED CARGO.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury, in conjunction with
the heads of other relevant Federal agencies, shall provide
to the appropriate congressional committees a classified
report and briefing on efforts to target drug transportation
routes and modalities, including an assessment of the
prevalence of false cargo labeling and shipment of precursor
chemicals without accurate tracking of the customers
purchasing the chemicals.
SEC. 6824. REPORT ON ACTIONS OF PEOPLE'S REPUBLIC OF CHINA
WITH RESPECT TO PERSONS INVOLVED IN FENTANYL
SUPPLY CHAIN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury, in conjunction with
the heads of other relevant Federal agencies, shall provide
to the appropriate congressional committees a classified
report and briefing on actions taken by the Government of the
People's Republic of China with respect to persons involved
in the shipment of fentanyl, fentanyl analogues, fentanyl
precursors, precursors for fentanyl analogues, and equipment
for the manufacturing of fentanyl and fentanyl-laced
counterfeit pills.
Subtitle B--Anti-Money Laundering Matters
SEC. 6831. DESIGNATION OF ILLICIT FENTANYL TRANSACTIONS OF
SANCTIONED PERSONS AS OF PRIMARY MONEY
LAUNDERING CONCERN.
Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 2311 et
seq.) is amended by inserting after section 7213 the
following:
``SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANCTIONED
PERSONS AS OF PRIMARY MONEY LAUNDERING CONCERN.
``(a) In General.--If the Secretary of the Treasury
determines that reasonable grounds exist for concluding that
one or more financial institutions operating outside of the
United States, 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States, or 1
or more types of accounts within, or involving, a
jurisdiction outside of the United States, is of primary
money laundering concern in connection with illicit opioid
trafficking, the Secretary of the Treasury may, by order,
regulation, or otherwise as permitted by law--
``(1) require domestic financial institutions and domestic
financial agencies to take 1 or more of the special measures
provided for in section 9714(a)(1) of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
31 U.S.C. 5318A note); or
``(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary) by any
domestic financial institution or domestic financial agency,
if such transmittal of funds involves any such institution,
class of transaction, or type of accounts.
``(b) Classified Information.--In any judicial review of a
finding of the existence of a primary money laundering
concern, or of the requirement for 1 or more special measures
with respect to a primary money laundering concern made under
this section, if the designation or imposition, or both, were
based on classified information (as defined in section 1(a)
of the Classified Information Procedures Act (18 U.S.C.
App.)), such information may be submitted by the Secretary to
the reviewing court ex parte and in camera. This subsection
does not confer or imply any right to judicial review of any
finding made or any requirement imposed under this section.
``(c) Availability of Information.--The exemptions from,
and prohibitions on, search and disclosure referred to in
section 9714(c) of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 31 U.S.C. 5318A note)
shall apply to any report or record of report filed pursuant
to a requirement imposed under subsection (a). For purposes
of section 552 of title 5, United States Code, this
subsection shall be considered a statute described in
subsection (b)(3)(B) of that section.
``(d) Penalties.--The penalties referred to in section
9714(d) of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 31 U.S.C. 5318A note) shall
apply to violations of any order, regulation, special
measure, or other requirement imposed under subsection (a),
in the same manner and to the same extent as described in
such section 9714(d).
``(e) Injunctions.--The Secretary of the Treasury may bring
a civil action to enjoin a violation of any order,
regulation, special measure, or other requirement imposed
under subsection (a) in the same manner and to the same
extent as described in section 9714(e) of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 31 U.S.C. 5318A note).''.
SEC. 6832. TREATMENT OF TRANSNATIONAL CRIMINAL ORGANIZATIONS
IN SUSPICIOUS TRANSACTIONS REPORTS OF THE
FINANCIAL CRIMES ENFORCEMENT NETWORK.
(a) Filing Instructions.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Financial Crimes Enforcement Network shall issue guidance or
instructions to United States financial institutions for
filing reports on suspicious transactions required by section
1010.320 of title 31, Code of Federal Regulations, related to
suspected fentanyl trafficking by transnational criminal
organizations.
(b) Prioritization of Reports Relating to Fentanyl
Trafficking or Transnational Criminal Organizations.--The
Director shall prioritize research into reports described in
subsection (a) that indicate a connection to trafficking of
fentanyl or related synthetic opioids or financing of
suspected transnational criminal organizations.
SEC. 6833. REPORT ON TRADE-BASED MONEY LAUNDERING IN TRADE
WITH MEXICO, THE PEOPLE'S REPUBLIC OF CHINA,
AND BURMA.
(a) In General.--In the first update to the national
strategy for combating the financing of terrorism and related
forms of illicit finance submitted to Congress after the date
of the enactment of this Act, the Secretary of the Treasury
shall include a report on trade-based money laundering
originating in Mexico or the People's Republic of China and
involving Burma.
(b) Definition.--In this section, the term ``national
strategy for combating the financing of terrorism and related
forms of illicit finance'' means the national strategy for
combating the financing of terrorism and related forms of
illicit finance required by section 261 of the Countering
America's Adversaries Through Sanctions Act (Public Law 115-
44; 131 Stat. 934), as amended by section 6506 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 2428).
Subtitle C--Exception Relating to Importation of Goods
SEC. 6841. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authority or a requirement to block
and prohibit all transactions in all property and interests
in property under this title shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle B--Military Housing
PART III--OTHER HOUSING MATTERS
SEC. 7851. REPORT ON PLAN TO REPLACE HOUSES AT FORT LEONARD
WOOD.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to Congress
an unclassified report on the plan of the Army to replace all
1,142 houses at Fort Leonard Wood that the Army has
designated as being in need of repair.
Subtitle D--Other Matters
SEC. 7881. STUDY ON IMPACT ON MEMBERS OF THE ARMED FORCES AND
DEPENDENTS OF CONSTRUCTION PROJECTS THAT AFFECT
QUALITY OF LIFE.
(a) In General.--The Secretary of Defense shall conduct a
study, through the use of an independent and objective
organization outside the Department of Defense, on the
correlation between military construction projects and
facilities sustainment, restoration, and modernization
projects at installations of the Department of Defense that
affect the quality of life of members of the Armed Forces and
their dependents and the following:
(1) Retention of members of the Armed Forces on active
duty.
[[Page S4139]]
(2) Physical health of members of the Armed Forces,
including an identification of whether the age, condition,
and deferred maintenance of a dormitory or barracks is in any
way related to the frequency of sexual assaults and other
crimes at installations of the Department.
(3) Mental health of members of the Armed Forces.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
the study conducted under subsection (a).
SEC. 7882. MODIFICATION OF PILOT PROGRAM ON ESTABLISHMENT OF
ACCOUNT FOR REIMBURSEMENT FOR USE OF TESTING
FACILITIES AT INSTALLATIONS OF THE DEPARTMENT
OF THE AIR FORCE.
(a) In General.--Section 2862 of the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public
Law 117-81; 10 U.S.C. 9771 note prec.) is amended--
(1) in subsection (a), by striking ``testing'' and
inserting ``Major Range and Test Facility Base (MRTFB)'';
(2) in subsection (b), by inserting ``, have Major Range
and Test Facility Base facilities,'' after ``construct'';
(3) by amending subsection (c) to read as follows:
``(c) Oversight of Funds.--
``(1) Use of amounts.--The commander of an installation
selected to participate in the pilot program may obligate or
expend amounts reimbursed under the pilot program for
projects at the installation.
``(2) Designation of maintenance costs.--
``(A) In general.--The commander of an installation
selected to participate in the pilot program may designate
the appropriate amount of maintenance costs to be charged to
users of Major Range and Test Facility Base facilities under
the pilot program.
``(B) Use of maintenance cost reimbursements.--Maintenance
cost reimbursements under subparagraph (A) for an
installation may be used either singly or in combination with
appropriated funds to satisfy the costs of maintenance
projects at the installation.
``(3) Oversight.--The commander of an installation selected
for the pilot program shall have direct oversight over
amounts reimbursed to the installation under the pilot
program for Facility, Sustainment, Restoration, and
Modernization.'';
(4) by redesignating subsection (e) as subsection (f);
(5) by inserting after subsection (d) the following new
subsection (e):
``(e) No Reduction of Appropriation.--In order to allow
full assessment of the viability of the pilot program,
appropriations to installations selected to participate in
the pilot program for Facility, Sustainment, Restoration, and
Modernization shall not be reduced on the basis of
participation in the pilot program or usage of the pilot
program reimbursements and realized reimbursements from
customers under the pilot program shall not be used as a
basis for reduction of such appropriations.''; and
(6) in subsection (f) as redesignated by paragraph (2), by
striking ``December 1, 2026'' and inserting ``December 1,
2027''.
(b) Clerical Amendments.--
(1) Section header.--The header for such section is amended
to read as follows:
``SEC. 2862. PILOT PROGRAM TO AUGMENT APPROPRIATED AMOUNTS
WITH MAINTENANCE REIMBURSEMENTS FROM MAJOR
RANGE AND TEST FACILITY BASE USERS AT
INSTALLATIONS OF THE DEPARTMENT OF THE AIR
FORCE.''.
(2) Table of contents.--The table of contents for the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) and the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public
Law 117-81) are each amended by striking the item relating to
section 2862 and inserting the following new item:
``Sec. 2862. Pilot program to augment appropriated amounts with
maintenance reimbursements from Major Range and Test
Facility Base users at installations of the Department of
the Air Force.''.
TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle D--Other Matters
SEC. 8141. ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED
NUCLEAR FOR CLEAN ENERGY.
(a) Short Title.--This section may be cited as the
``Accelerating Deployment of Versatile, Advanced Nuclear for
Clean Energy Act of 2023'' or the ``ADVANCE Act of 2023''.
(b) Definitions.--In this section:
(1) Accident tolerant fuel.--The term ``accident tolerant
fuel'' has the meaning given the term in section 107(a) of
the Nuclear Energy Innovation and Modernization Act (Public
Law 115-439; 132 Stat. 5577).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Advanced nuclear fuel.--The term ``advanced nuclear
fuel'' means--
(A) advanced nuclear reactor fuel; and
(B) accident tolerant fuel.
(4) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 3 of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C.
2215 note; Public Law 115-439).
(5) Advanced nuclear reactor fuel.--The term ``advanced
nuclear reactor fuel'' has the meaning given the term in
section 3 of the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215 note; Public Law 115-439).
(6) Appropriate committees of Congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Environment and Public Works of the
Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
(7) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(9) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(c) International Nuclear Reactor Export and Innovation
Activities.--
(1) Coordination.--
(A) In general.--The Commission shall--
(i) coordinate all work of the Commission relating to--
(I) nuclear reactor import and export licensing; and
(II) international regulatory cooperation and assistance
relating to nuclear reactors, including with countries that
are members of--
(aa) the Organisation for Economic Co-operation and
Development; or
(bb) the Nuclear Energy Agency; and
(ii) support interagency and international coordination
with respect to--
(I) the consideration of international technical standards
to establish the licensing and regulatory basis to assist the
design, construction, and operation of nuclear systems;
(II) efforts to help build competent nuclear regulatory
organizations and legal frameworks in countries seeking to
develop nuclear power; and
(III) exchange programs and training provided, in
coordination with the Secretary of State, to other countries
relating to nuclear regulation and oversight to improve
nuclear technology licensing, in accordance with subparagraph
(B).
(B) Exchange programs and training.--With respect to the
exchange programs and training described in subparagraph
(A)(ii)(III), the Commission shall coordinate, as applicable,
with--
(i) the Secretary of Energy;
(ii) the Secretary of State;
(iii) National Laboratories;
(iv) the private sector; and
(v) institutions of higher education.
(2) Authority to establish branch.--The Commission may
establish within the Office of International Programs a
branch, to be known as the ``International Nuclear Reactor
Export and Innovation Branch'', to carry out such
international nuclear reactor export and innovation
activities as the Commission determines to be appropriate and
within the mission of the Commission.
(3) Exclusion of international activities from the fee
base.--
(A) In general.--Section 102 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215) is
amended--
(i) in subsection (a), by adding at the end the following:
``(4) International nuclear reactor export and innovation
activities.--The Commission shall identify in the annual
budget justification international nuclear reactor export and
innovation activities described in subsection (c)(1) of the
ADVANCE Act of 2023.''; and
(ii) in subsection (b)(1)(B), by adding at the end the
following:
``(iv) Costs for international nuclear reactor export and
innovation activities described in subsection (c)(1) of the
ADVANCE Act of 2023.''.
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect on October 1, 2024.
(4) Coordination.--The Commission shall coordinate all
international activities under this subsection with the
Secretary of State and other applicable agencies, as
appropriate.
(5) Savings clause.--Nothing in this subsection alters the
authority of the Commission to license and regulate the
civilian use of radioactive materials.
(d) Denial of Certain Domestic Licenses for National
Security Purposes.--
(1) Definition of covered fuel.--In this subsection, the
term ``covered fuel'' means enriched uranium that is
fabricated into fuel assemblies for nuclear reactors by an
entity that--
(A) is owned or controlled by the Government of the Russian
Federation or the Government of the People's Republic of
China; or
(B) is organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation or the People's
Republic of China.
(2) Prohibition on unlicensed possession or ownership of
covered fuel.--Unless specifically authorized by the
Commission in a license issued under section 53 of the Atomic
Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10,
Code of Federal Regulations (or successor regulations), no
person subject to the jurisdiction of the Commission may
possess or own covered fuel.
(3) License to possess or own covered fuel.--
[[Page S4140]]
(A) Consultation required prior to issuance.--The
Commission shall not issue a license to possess or own
covered fuel under section 53 of the Atomic Energy Act of
1954 (42 U.S.C. 2073) and part 70 of title 10, Code of
Federal Regulations (or successor regulations), unless the
Commission has first consulted with the Secretary of Energy
and the Secretary of State before issuing the license.
(B) Prohibition on issuance of license.--
(i) In general.--Subject to clause (iii), a license to
possess or own covered fuel shall not be issued if the
Secretary of Energy and the Secretary of State make the
determination described in clause (ii)(I)(aa).
(ii) Determination.--
(I) In general.--The determination referred to in clause
(i) is a determination that possession or ownership, as
applicable, of covered fuel--
(aa) poses a threat to the national security of the United
States, including because of an adverse impact on the
physical and economic security of the United States; or
(bb) does not pose a threat to the national security of the
United States.
(II) Joint determination.--A determination described in
subclause (I) shall be jointly made by the Secretary of
Energy and the Secretary of State.
(III) Timeline.--
(aa) Notice of application.--Not later than 30 days after
the date on which the Commission receives an application for
a license to possess or own covered fuel, the Commission
shall notify the Secretary of Energy and the Secretary of
State of the application.
(bb) Determination.--The Secretary of Energy and the
Secretary of State shall have a period of 180 days, beginning
on the date on which the Commission notifies the Secretary of
Energy and the Secretary of State under item (aa) of an
application for a license to possess or own covered fuel, in
which to make the determination described in subclause (I).
(cc) Commission notification.--On making the determination
described in subclause (I), the Secretary of Energy and the
Secretary of State shall immediately notify the Commission.
(dd) Congressional notification.--Not later than 30 days
after the date on which the Secretary of Energy and the
Secretary of State notify the Commission under item (cc), the
Commission shall notify the appropriate committees of
Congress, the Committee on Foreign Relations of the Senate,
the Committee on Energy and Natural Resources of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives of the determination.
(ee) Public notice.--Not later than 15 days after the date
on which the Commission notifies Congress under item (dd) of
a determination made under subclause (I), the Commission
shall make that determination publicly available.
(iii) Effect of no determination.--The Commission shall not
issue a license if the Secretary of Energy and the Secretary
of State have not made a determination described in clause
(ii).
(4) Savings clause.--Nothing in this subsection alters any
treaty or international agreement in effect on the date of
enactment of this Act or that enters into force after the
date of enactment of this Act.
(e) Export License Requirements.--
(1) Definition of low-enriched uranium.--In this
subsection, the term ``low-enriched uranium'' means uranium
enriched to less than 20 percent of the uranium-235 isotope.
(2) Requirement.--The Commission shall not issue an export
license for the transfer of any item described in paragraph
(4) to a country described in paragraph (3) unless the
Commission, in consultation with the Secretary of State and
any other relevant agencies, makes a determination that such
transfer will not be inimical to the common defense and
security of the United States.
(3) Countries described.--A country referred to in
paragraph (2) is a country that--
(A) has not concluded and ratified an Additional Protocol
to its safeguards agreement with the International Atomic
Energy Agency; or
(B) has not ratified or acceded to the amendment to the
Convention on the Physical Protection of Nuclear Material,
adopted at Vienna October 26, 1979, and opened for signature
at New York March 3, 1980 (TIAS 11080), described in the
information circular of the International Atomic Energy
Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016
(TIAS 16-508).
(4) Items described.--An item referred to in paragraph (2)
includes--
(A) unirradiated nuclear fuel containing special nuclear
material (as defined in section 11 of the Atomic Energy Act
of 1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
(B) a nuclear reactor that uses nuclear fuel described in
subparagraph (A); and
(C) any plant or component listed in Appendix I to part 110
of title 10, Code of Federal Regulations (or successor
regulations), that is involved in--
(i) the reprocessing of irradiated nuclear reactor fuel
elements;
(ii) the separation of plutonium; or
(iii) the separation of the uranium-233 isotope.
(5) Notification.--If the Commission, in consultation with
the Secretary of State and any other relevant agencies, makes
a determination, in accordance with applicable laws and
regulations, under paragraph (2) that the transfer of any
item described in paragraph (4) to a country described in
paragraph (3) will not be inimical to the common defense and
security of the United States, the Commission shall notify
the appropriate committees of Congress, the Committee on
Foreign Relations of the Senate, the Committee on Energy and
Natural Resources of the Senate, and the Committee on Foreign
Affairs of the House of Representatives.
(f) Fees for Advanced Nuclear Reactor Application Review.--
(1) Definitions.--Section 3 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215 note; Public
Law 115-439) is amended--
(A) by redesignating paragraphs (2) through (15) as
paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16),
(17), (18), (19), (20), and (21), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Advanced nuclear reactor applicant.--The term
`advanced nuclear reactor applicant' means an entity that has
submitted to the Commission an application to receive a
license for an advanced nuclear reactor under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).'';
(C) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Advanced nuclear reactor pre-applicant.--The term
`advanced nuclear reactor pre-applicant' means an entity that
has submitted to the Commission a licensing project plan for
the purposes of submitting a future application to receive a
license for an advanced nuclear reactor under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
``(5) Agency support.--The term `agency support' means the
resources of the Commission that are located in executive,
administrative, and other support offices of the Commission,
as described in the document of the Commission entitled `FY
2023 Final Fee Rule Work Papers' (or a successor
document).'';
(D) by inserting after paragraph (10) (as so redesignated)
the following:
``(11) Hourly rate for mission-direct program salaries and
benefits for the nuclear reactor safety program.--The term
`hourly rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program' means the quotient
obtained by dividing--
``(A) the full-time equivalent rate (within the meaning of
the document of the Commission entitled `FY 2023 Final Fee
Rule Work Papers' (or a successor document)) for mission-
direct program salaries and benefits for the Nuclear Reactor
Safety Program (as determined by the Commission) for a fiscal
year; by
``(B) the productive hours assumption for that fiscal year,
determined in accordance with the formula established in the
document referred to in subparagraph (A) (or a successor
document).''; and
(E) by inserting after paragraph (12) (as so redesignated)
the following:
``(13) Mission-direct program salaries and benefits for the
nuclear reactor safety program.--The term `mission-direct
program salaries and benefits for the Nuclear Reactor Safety
Program' means the resources of the Commission that are
allocated to the Nuclear Reactor Safety Program (as
determined by the Commission) to perform core work activities
committed to fulfilling the mission of the Commission, as
described in the document of the Commission entitled `FY 2023
Final Fee Rule Work Papers' (or a successor document).
``(14) Mission-indirect program support.--The term
`mission-indirect program support' means the resources of the
Commission that support the core mission-direct activities
for the Nuclear Reactor Safety Program of the Commission (as
determined by the Commission), as described in the document
of the Commission entitled `FY 2023 Final Fee Rule Work
Papers' (or a successor document).''.
(2) Excluded activities.--Section 102(b)(1)(B) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C.
2215(b)(1)(B)) (as amended by subsection (c)(3)(A)(ii)) is
amended by adding at the end the following:
``(v) The total costs of mission-indirect program support
and agency support that, under paragraph (2)(B), may not be
included in the hourly rate charged for fees assessed to
advanced nuclear reactor applicants.
``(vi) The total costs of mission-indirect program support
and agency support that, under paragraph (2)(C), may not be
included in the hourly rate charged for fees assessed to
advanced nuclear reactor pre-applicants.''.
(3) Fees for service or thing of value.--Section 102(b) of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(b)) is amended by striking paragraph (2) and
inserting the following:
``(2) Fees for service or thing of value.--
``(A) In general.--In accordance with section 9701 of title
31, United States Code, the Commission shall assess and
collect fees from any person who receives a service or thing
of value from the Commission to cover the costs to the
Commission of providing the service or thing of value.
``(B) Advanced nuclear reactor applicants.--The hourly rate
charged for fees assessed to advanced nuclear reactor
applicants under this paragraph relating to the review of a
submitted application described in section 3(1) shall not
exceed the hourly rate for mission-direct program salaries
and benefits for the Nuclear Reactor Safety Program.
[[Page S4141]]
``(C) Advanced nuclear reactor pre-applicants.--The hourly
rate charged for fees assessed to advanced nuclear reactor
pre-applicants under this paragraph relating to the review of
submitted materials as described in the licensing project
plan of an advanced nuclear reactor pre-applicant shall not
exceed the hourly rate for mission-direct program salaries
and benefits for the Nuclear Reactor Safety Program.''.
(4) Sunset.--Section 102 of the Nuclear Energy Innovation
and Modernization Act (42 U.S.C. 2215) is amended by adding
at the end the following:
``(g) Cessation of Effectiveness.--Paragraphs (1)(B)(vi)
and (2)(C) of subsection (b) shall cease to be effective on
September 30, 2029.''.
(5) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2024.
(g) Advanced Nuclear Reactor Prizes.--Section 103 of the
Nuclear Energy Innovation and Modernization Act (Public Law
115-439; 132 Stat. 5571) is amended by adding at the end the
following:
``(f) Prizes for Advanced Nuclear Reactor Licensing.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) a non-Federal entity; and
``(B) the Tennessee Valley Authority.
``(2) Prize for advanced nuclear reactor licensing.--
``(A) In general.--Notwithstanding section 169 of the
Atomic Energy Act of 1954 (42 U.S.C. 2209) and subject to the
availability of appropriations, the Secretary is authorized
to make, with respect to each award category described in
subparagraph (C), an award in an amount described in
subparagraph (B) to the first eligible entity--
``(i) to which the Commission issues an operating license
for an advanced nuclear reactor under part 50 of title 10,
Code of Federal Regulations (or successor regulations), for
which an application has not been approved by the Commission
as of the date of enactment of this subsection; or
``(ii) for which the Commission makes a finding described
in section 52.103(g) of title 10, Code of Federal Regulations
(or successor regulations), with respect to a combined
license for an advanced nuclear reactor--
``(I) that is issued under subpart C of part 52 of that
title (or successor regulations); and
``(II) for which an application has not been approved by
the Commission as of the date of enactment of this
subsection.
``(B) Amount of award.--An award under subparagraph (A)
shall be in an amount equal to the total amount assessed by
the Commission and collected under section 102(b)(2) from the
eligible entity receiving the award for costs relating to the
issuance of the license described in that subparagraph,
including, as applicable, costs relating to the issuance of
an associated construction permit described in section 50.23
of title 10, Code of Federal Regulations (or successor
regulations), or early site permit (as defined in section
52.1 of that title (or successor regulations)).
``(C) Award categories.--An award under subparagraph (A)
may be made for--
``(i) the first advanced nuclear reactor for which the
Commission--
``(I) issues a license in accordance with clause (i) of
subparagraph (A); or
``(II) makes a finding in accordance with clause (ii) of
that subparagraph;
``(ii) an advanced nuclear reactor that--
``(I) uses isotopes derived from spent nuclear fuel (as
defined in section 2 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101)) or depleted uranium as fuel for the
advanced nuclear reactor; and
``(II) is the first advanced nuclear reactor described in
subclause (I) for which the Commission--
``(aa) issues a license in accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in accordance with clause (ii) of
that subparagraph;
``(iii) an advanced nuclear reactor that--
``(I) is a nuclear integrated energy system--
``(aa) that is composed of 2 or more co-located or jointly
operated subsystems of energy generation, energy storage, or
other technologies;
``(bb) in which not fewer than 1 subsystem described in
item (aa) is a nuclear energy system; and
``(cc) the purpose of which is--
``(AA) to reduce greenhouse gas emissions in both the power
and nonpower sectors; and
``(BB) to maximize energy production and efficiency; and
``(II) is the first advanced nuclear reactor described in
subclause (I) for which the Commission--
``(aa) issues a license in accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in accordance with clause (ii) of
that subparagraph;
``(iv) an advanced reactor that--
``(I) operates flexibly to generate electricity or high
temperature process heat for nonelectric applications; and
``(II) is the first advanced nuclear reactor described in
subclause (I) for which the Commission--
``(aa) issues a license in accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in accordance with clause (ii) of
that subparagraph; and
``(v) the first advanced nuclear reactor for which the
Commission grants approval to load nuclear fuel pursuant to
the technology-inclusive regulatory framework established
under subsection (a)(4).
``(3) Federal funding limitations.--
``(A) Exclusion of tva funds.--In this paragraph, the term
`Federal funds' does not include funds received under the
power program of the Tennessee Valley Authority.
``(B) Limitation on amounts expended.--An award under this
subsection shall not exceed the total amount expended
(excluding any expenditures made with Federal funds received
for the applicable project and an amount equal to the minimum
cost-share required under section 988 of the Energy Policy
Act of 2005 (42 U.S.C. 16352)) by the eligible entity
receiving the award for licensing costs relating to the
project for which the award is made.
``(C) Repayment and dividends not required.--
Notwithstanding section 9104(a)(4) of title 31, United States
Code, or any other provision of law, an eligible entity that
receives an award under this subsection shall not be
required--
``(i) to repay that award or any part of that award; or
``(ii) to pay a dividend, interest, or other similar
payment based on the sum of that award.''.
(h) Report on Unique Licensing Considerations Relating to
the Use of Nuclear Energy for Nonelectric Applications.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report (referred to in
this subsection as the ``report'') addressing any unique
licensing issues or requirements relating to--
(A) the flexible operation of nuclear reactors, such as
ramping power output and switching between electricity
generation and nonelectric applications;
(B) the use of advanced nuclear reactors exclusively for
nonelectric applications; and
(C) the colocation of nuclear reactors with industrial
plants or other facilities.
(2) Stakeholder input.--In developing the report, the
Commission shall seek input from--
(A) the Secretary of Energy;
(B) the nuclear energy industry;
(C) technology developers;
(D) the industrial, chemical, and medical sectors;
(E) nongovernmental organizations; and
(F) other public stakeholders.
(3) Contents.--
(A) In general.--The report shall describe--
(i) any unique licensing issues or requirements relating to
the matters described in subparagraphs (A) through (C) of
paragraph (1), including, with respect to the nonelectric
applications referred to in subparagraphs (A) and (B) of that
paragraph, any licensing issues or requirements relating to
the use of nuclear energy in--
(I) hydrogen or other liquid and gaseous fuel or chemical
production;
(II) water desalination and wastewater treatment;
(III) heat for industrial processes;
(IV) district heating;
(V) energy storage;
(VI) industrial or medical isotope production; and
(VII) other applications, as identified by the Commission;
(ii) options for addressing those issues or requirements--
(I) within the existing regulatory framework of the
Commission;
(II) as part of the technology-inclusive regulatory
framework required under subsection (a)(4) of section 103 of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2133 note; Public Law 115-439) or described in the
report required under subsection (e) of that section (Public
Law 115-439; 132 Stat. 5575); or
(III) through a new rulemaking; and
(iii) the extent to which Commission action is needed to
implement any matter described in the report.
(B) Cost estimates, budgets, and timeframes.--The report
shall include cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and performance-
based regulatory guidance in the licensing of nuclear
reactors for nonelectric applications.
(i) Enabling Preparations for the Demonstration of Advanced
Nuclear Reactors on Department of Energy Sites or Critical
National Security Infrastructure Sites.--
(1) In general.--Section 102(b)(1)(B) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B))
(as amended by subsection (f)(2)) is amended by adding at the
end the following:
``(vii) Costs for--
``(I) activities to review and approve or disapprove an
application for an early site permit (as defined in section
52.1 of title 10, Code of Federal Regulations (or a successor
regulation)) to demonstrate an advanced nuclear reactor on a
Department of Energy site or critical national security
infrastructure (as defined in section 327(d) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1722)) site; and
``(II) pre-application activities relating to an early site
permit (as defined in section 52.1 of title 10, Code of
Federal Regulations (or a successor regulation)) to
demonstrate an advanced nuclear reactor on a Department of
Energy site or critical national security infrastructure (as
defined in section
[[Page S4142]]
327(d) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1722)) site.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2024.
(j) Clarification on Fusion Regulation.--Section 103(a)(4)
of the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2133 note; Public Law 115-439) is amended--
(1) by striking ``Not later'' and inserting the following:
``(A) In general.--Not later''; and
(2) by adding at the end the following:
``(B) Exclusion of fusion reactors.--For purposes of
subparagraph (A), the term `advanced reactor applicant' does
not include an applicant seeking a license for a fusion
reactor.''.
(k) Regulatory Issues for Nuclear Facilities at Brownfield
Sites.--
(1) Definitions.--
(A) Brownfield site.--The term ``brownfield site'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
(B) Production facility.--The term ``production facility''
has the meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
(C) Retired fossil fuel site.--The term ``retired fossil
fuel site'' means the site of 1 or more fossil fuel electric
generation facilities that are retired or scheduled to
retire, including multi-unit facilities that are partially
shut down.
(D) Utilization facility.--The term ``utilization
facility'' has the meaning given the term in section 11 of
the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(2) Identification of regulatory issues.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall evaluate the
extent to which modification of regulations, guidance, or
policy is needed to enable timely licensing reviews for, and
to support the oversight of, production facilities or
utilization facilities at brownfield sites.
(B) Requirement.--In carrying out subparagraph (A), the
Commission shall consider how licensing reviews for
production facilities or utilization facilities at brownfield
sites may be expedited by considering matters relating to
siting and operating a production facility or a utilization
facility at or near a retired fossil fuel site to support--
(i) the reuse of existing site infrastructure, including--
(I) electric switchyard components and transmission
infrastructure;
(II) heat-sink components;
(III) steam cycle components;
(IV) roads;
(V) railroad access; and
(VI) water availability;
(ii) the use of early site permits;
(iii) the utilization of plant parameter envelopes or
similar standardized site parameters on a portion of a larger
site; and
(iv) the use of a standardized application for similar
sites.
(C) Report.--Not later than 14 months after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing any
regulations, guidance, and policies identified under
subparagraph (A).
(3) Licensing.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall--
(i) develop and implement strategies to enable timely
licensing reviews for, and to support the oversight of,
production facilities or utilization facilities at brownfield
sites, including retired fossil fuel sites; or
(ii) initiate a rulemaking to enable timely licensing
reviews for, and to support the oversight of, of production
facilities or utilization facilities at brownfield sites,
including retired fossil fuel sites.
(B) Requirements.--In carrying out subparagraph (A),
consistent with the mission of the Commission, the Commission
shall consider matters relating to--
(i) the use of existing site infrastructure;
(ii) existing emergency preparedness organizations and
planning;
(iii) the availability of historical site-specific
environmental data;
(iv) previously approved environmental reviews required by
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
(v) activities associated with the potential
decommissioning of facilities or decontamination and
remediation at brownfield sites; and
(vi) community engagement and historical experience with
energy production.
(4) Report.--Not later than 3 years after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing the
actions taken by the Commission under paragraph (3).
(l) Appalachian Regional Commission Nuclear Energy
Development.--
(1) In general.--Subchapter I of chapter 145 of subtitle IV
of title 40, United States Code, is amended by adding at the
end the following:
``Sec. 14512. Appalachian Regional Commission nuclear energy
development
``(a) Definitions.--In this section:
``(1) Brownfield site.--The term `brownfield site' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
``(2) Production facility.--The term `production facility'
has the meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
``(3) Retired fossil fuel site.--The term `retired fossil
fuel site' means the site of 1 or more fossil fuel electric
generation facilities that are retired or scheduled to
retire, including multi-unit facilities that are partially
shut down.
``(4) Utilization facility.--The term `utilization
facility' has the meaning given the term in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014).
``(b) Authority.--The Appalachian Regional Commission may
provide technical assistance to, make grants to, enter into
contracts with, or otherwise provide amounts to individuals
or entities in the Appalachian region for projects and
activities--
``(1) to conduct research and analysis regarding the
economic impact of siting, constructing, and operating a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site;
``(2) to assist with workforce training or retraining to
perform activities relating to the siting and operation of a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site; and
``(3) to engage with the Nuclear Regulatory Commission, the
Department of Energy, and other Federal agencies with
expertise in civil nuclear energy.
``(c) Limitation on Available Amounts.--Of the cost of any
project or activity eligible for a grant under this section--
``(1) except as provided in paragraphs (2) and (3), not
more than 50 percent may be provided from amounts made
available to carry out this section;
``(2) in the case of a project or activity to be carried
out in a county for which a distressed county designation is
in effect under section 14526, not more than 80 percent may
be provided from amounts made available to carry out this
section; and
``(3) in the case of a project or activity to be carried
out in a county for which an at-risk county designation is in
effect under section 14526, not more than 70 percent may be
provided from amounts made available to carry out this
section.
``(d) Sources of Assistance.--Subject to subsection (c), a
grant provided under this section may be provided from
amounts made available to carry out this section, in
combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(e) Federal Share.--Notwithstanding any provision of law
limiting the Federal share under any other Federal program,
amounts made available to carry out this section may be used
to increase that Federal share, as the Appalachian Regional
Commission determines to be appropriate.''.
(2) Authorization of appropriations.--Section 14703 of
title 40, United States Code, is amended--
(A) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(B) by inserting after subsection (d) the following:
``(e) Appalachian Regional Commission Nuclear Energy
Development.--Of the amounts made available under subsection
(a), $5,000,000 may be used to carry out section 14512 for
each of fiscal years 2023 through 2026.''.
(3) Clerical amendment.--The analysis for subchapter I of
chapter 145 of subtitle IV of title 40, United States Code,
is amended by striking the item relating to section 14511 and
inserting the following:
``14511. Appalachian regional energy hub initiative.
``14512. Appalachian Regional Commission nuclear energy development.''.
(m) Foreign Ownership.--
(1) In general.--The prohibitions against issuing certain
licenses for utilization facilities to certain corporations
and other entities described in the second sentence of
section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C.
2133(d)) and the second sentence of section 104 d. of that
Act (42 U.S.C. 2134(d)) shall not apply to an entity
described in paragraph (2) if the Commission determines that
issuance of the applicable license to that entity is not
inimical to--
(A) the common defense and security; or
(B) the health and safety of the public.
(2) Entities described.--
(A) In general.--An entity referred to in paragraph (1) is
a corporation or other entity that is owned, controlled, or
dominated by--
(i) the government of--
(I) a country that is a member of the Organisation for
Economic Co-operation and Development on the date of
enactment of this Act, subject to subparagraph (B); or
(II) the Republic of India;
(ii) a corporation that is incorporated in a country
described in subclause (I) or (II) of clause (i); or
(iii) an alien who is a national of a country described in
subclause (I) or (II) of clause (i).
(B) Exclusion.--An entity described in subparagraph
(A)(i)(I) is not an entity referred to in paragraph (1), and
paragraph (1) shall not apply to that entity, if, on the date
of enactment of this Act--
(i) the entity (or any department, agency, or
instrumentality of the entity) is a person subject to
sanctions under section 231 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9525); or
[[Page S4143]]
(ii) any citizen of the entity, or any entity organized
under the laws of, or otherwise subject to the jurisdiction
of, the entity, is a person subject to sanctions under that
section.
(3) Technical amendment.--Section 103 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the
second sentence, by striking ``any any'' and inserting
``any''.
(4) Savings clause.--Nothing in this subsection affects the
requirements of section 721 of the Defense Production Act of
1950 (50 U.S.C. 4565).
(n) Extension of the Price-Anderson Act.--
(1) Extension.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended by striking ``December 31, 2025'' each
place it appears and inserting ``December 31, 2045''.
(2) Liability.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended--
(A) in subsection d. (5), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''; and
(B) in subsection e. (4), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''.
(3) Report.--Section 170 p. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(p)) (commonly known as the ``Price-
Anderson Act'') is amended by striking ``December 31, 2021''
and inserting ``December 31, 2041''.
(4) Definition of nuclear incident.--Section 11 q. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in
the second proviso, by striking ``if such occurrence'' and
all that follows through ``United States:'' and inserting a
colon.
(o) Report on Advanced Methods of Manufacturing and
Construction for Nuclear Energy Applications.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report (referred to in
this subsection as the ``report'') on manufacturing and
construction for nuclear energy applications.
(2) Stakeholder input.--In developing the report, the
Commission shall seek input from--
(A) the Secretary of Energy;
(B) the nuclear energy industry;
(C) National Laboratories;
(D) institutions of higher education;
(E) nuclear and manufacturing technology developers;
(F) the manufacturing and construction industries,
including manufacturing and construction companies with
operating facilities in the United States;
(G) standards development organizations;
(H) labor unions;
(I) nongovernmental organizations; and
(J) other public stakeholders.
(3) Contents.--
(A) In general.--The report shall--
(i) examine any unique licensing issues or requirements
relating to the use of innovative--
(I) advanced manufacturing processes;
(II) advanced construction techniques; and
(III) rapid improvement or iterative innovation processes;
(ii) examine--
(I) the requirements for nuclear-grade components in
manufacturing and construction for nuclear energy
applications;
(II) opportunities to use standard materials, parts, or
components in manufacturing and construction for nuclear
energy applications;
(III) opportunities to use standard materials that are in
compliance with existing codes to provide acceptable
approaches to support or encapsulate new materials that do
not yet have applicable codes; and
(IV) requirements relating to the transport of a fueled
advanced nuclear reactor core from a manufacturing licensee
to a licensee that holds a license to construct and operate a
facility at a particular site;
(iii) identify any safety aspects of innovative advanced
manufacturing processes and advanced construction techniques
that are not addressed by existing codes and standards, so
that generic guidance may be updated or created, as
necessary;
(iv) identify options for addressing the issues,
requirements, and opportunities examined under clauses (i)
and (ii)--
(I) within the existing regulatory framework; or
(II) through a new rulemaking;
(v) identify how addressing the issues, requirements, and
opportunities examined under clauses (i) and (ii) will impact
opportunities for domestic nuclear manufacturing and
construction developers; and
(vi) describe the extent to which Commission action is
needed to implement any matter described in the report.
(B) Cost estimates, budgets, and timeframes.--The report
shall include cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and performance-
based regulatory guidance for manufacturing and construction
for nuclear energy applications.
(p) Nuclear Energy Traineeship.--Section 313 of division C
of the Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a),
is amended--
(1) in subsection (a), by striking ``Nuclear Regulatory'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``and subsection (c)'' after
``paragraph (2)'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (5); and
(B) by striking paragraph (1) and inserting the following:
``(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) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(4) National laboratory.--The term `National Laboratory'
has the meaning given the term in section 951(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16271(b)).'';
(4) in subsection (d)(2), by striking ``Nuclear
Regulatory'';
(5) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(6) by inserting after subsection (b) the following:
``(c) Nuclear Energy Traineeship Subprogram.--
``(1) In general.--The Commission shall establish, as a
subprogram of the Program, a nuclear energy traineeship
subprogram under which the Commission, in coordination with
institutions of higher education and trade schools, shall
competitively award traineeships that provide focused
training to meet critical mission needs of the Commission and
nuclear workforce needs, including needs relating to the
nuclear tradecraft workforce.
``(2) Requirements.--In carrying out the nuclear energy
traineeship subprogram described in paragraph (1), the
Commission shall--
``(A) coordinate with the Secretary of Energy to prioritize
the funding of traineeships that focus on--
``(i) nuclear workforce needs; and
``(ii) critical mission needs of the Commission;
``(B) encourage appropriate partnerships among--
``(i) National Laboratories;
``(ii) institutions of higher education;
``(iii) trade schools;
``(iv) the nuclear energy industry; and
``(v) other entities, as the Commission determines to be
appropriate; and
``(C) on an annual basis, evaluate nuclear workforce needs
for the purpose of implementing traineeships in focused
topical areas that--
``(i) address the workforce needs of the nuclear energy
community; and
``(ii) support critical mission needs of the Commission.''.
(q) Report on Commission Readiness and Capacity to License
Additional Conversion and Enrichment Capacity to Reduce
Reliance on Uranium From Russia.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress, the Committee on Foreign
Relations of the Senate, the Committee on Energy and Natural
Resources of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a report on the readiness and
capacity of the Commission to license additional conversion
and enrichment capacity at existing and new fuel cycle
facilities to reduce reliance on nuclear fuel that is
recovered, converted, enriched, or fabricated by an entity
that--
(A) is owned or controlled by the Government of the Russian
Federation; or
(B) is organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation.
(2) Contents.--The report required under paragraph (1)
shall analyze how the capacity of the Commission to license
additional conversion and enrichment capacity at existing and
new fuel cycle facilities may conflict with or restrict the
readiness of the Commission to review advanced nuclear
reactor applications.
(r) Annual Report on the Spent Nuclear Fuel and High-level
Radioactive Waste Inventory in the United States.--
(1) Definitions.--In this subsection:
(A) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section
2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(B) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(C) Standard contract.--The term ``standard contract'' has
the meaning given the term ``contract'' in section 961.3 of
title 10, Code of Federal Regulations (or a successor
regulation).
(2) Report.--Not later than January 1, 2025, and annually
thereafter, the Secretary of Energy shall submit to Congress
a report that describes--
(A) the annual and cumulative amount of payments made by
the United States to the holder of a standard contract due to
a partial breach of contract under the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101 et seq.) resulting in financial
damages to the holder;
(B) the cumulative amount spent by the Department of Energy
since fiscal year 2008 to reduce future payments projected to
be made by the United States to any holder of a standard
contract due to a partial breach of contract under the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
[[Page S4144]]
(C) the cumulative amount spent by the Department of Energy
to store, manage, and dispose of spent nuclear fuel and high-
level radioactive waste in the United States as of the date
of the report;
(D) the projected lifecycle costs to store, manage,
transport, and dispose of the projected inventory of spent
nuclear fuel and high-level radioactive waste in the United
States, including spent nuclear fuel and high-level
radioactive waste expected to be generated from existing
reactors through 2050;
(E) any mechanisms for better accounting of liabilities for
the lifecycle costs of the spent nuclear fuel and high-level
radioactive waste inventory in the United States;
(F) any recommendations for improving the methods used by
the Department of Energy for the accounting of spent nuclear
fuel and high-level radioactive waste costs and liabilities;
(G) any actions taken in the previous fiscal year by the
Department of Energy with respect to interim storage; and
(H) any activities taken in the previous fiscal year by the
Department of Energy to develop and deploy nuclear
technologies and fuels that enhance the safe transportation
or storage of spent nuclear fuel or high-level radioactive
waste, including technologies to protect against seismic,
flooding, and other extreme weather events.
(s) Authorization of Appropriations for Superfund Actions
at Abandoned Mining Sites on Tribal Land.--
(1) Definitions.--In this subsection:
(A) Eligible non-NPL site.--The term ``eligible non-NPL
site'' means a site--
(i) that is not on the National Priorities List; but
(ii) with respect to which the Administrator determines
that--
(I) the site would be eligible for listing on the National
Priorities List based on the presence of hazards from
contamination at the site, applying the hazard ranking system
described in section 105(c) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9605(c)); and
(II) for removal site evaluations, engineering evaluations/
cost analyses, remedial planning activities, remedial
investigations and feasibility studies, and other actions
taken pursuant to section 104(b) of that Act (42 U.S.C.
9604), the site--
(aa) has undergone a pre-CERCLA screening; and
(bb) is included in the Superfund Enterprise Management
System.
(B) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(C) National priorities list.--The term ``National
Priorities List'' means the National Priorities List
developed by the President in accordance with section
105(a)(8)(B) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9605(a)(8)(B)).
(D) Remedial action; removal; response.--The terms
``remedial action'', ``removal'', and ``response'' have the
meanings given those terms in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(E) Tribal land.--The term ``Tribal land'' has the meaning
given the term ``Indian country'' in section 1151 of title
18, United States Code.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2023 through
2032, to remain available until expended--
(A) $97,000,000 to the Administrator to carry out this
subsection (except for paragraph (4)); and
(B) $3,000,000 to the Administrator of the Agency for Toxic
Substances and Disease Registry to carry out paragraph (4).
(3) Uses of amounts.--Amounts appropriated under paragraph
(2)(A) shall be used by the Administrator--
(A) to carry out removal actions on abandoned mine land
located on Tribal land;
(B) to carry out response actions, including removal and
remedial planning activities, removal and remedial studies,
remedial actions, and other actions taken pursuant to section
104(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(b))
on abandoned mine land located on Tribal land at--
(i) eligible non-NPL sites; and
(ii) sites listed on the National Priorities List; and
(C) to make grants under paragraph (5).
(4) Health assessments.--Subject to the availability of
appropriations, the Agency for Toxic Substances and Disease
Registry, in coordination with Tribal health authorities,
shall perform 1 or more health assessments at each eligible
non-NPL site that is located on Tribal land, in accordance
with section 104(i)(6) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(i)(6)).
(5) Tribal grants.--
(A) In general.--The Administrator may use amounts
appropriated under paragraph (2)(A) to make grants to
eligible entities described in subparagraph (B) for the
purposes described in subparagraph (C).
(B) Eligible entities described.--An eligible entity
referred to in subparagraph (A) is--
(i) the governing body of an Indian Tribe; or
(ii) a legally established organization of Indians that--
(I) is controlled, sanctioned, or chartered by the
governing bodies of 2 or more Indian Tribes to be served, or
that is democratically elected by the adult members of the
Indian community to be served, by that organization; and
(II) includes the maximum participation of Indians in all
phases of the activities of that organization.
(C) Use of grant funds.--A grant under this paragraph shall
be used--
(i) in accordance with the second sentence of section
117(e)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9617(e)(1));
(ii) for obtaining technical assistance in carrying out
response actions under clause (iii); or
(iii) for carrying out response actions, if the
Administrator determines that the Indian Tribe has the
capability to carry out any or all of those response actions
in accordance with the criteria and priorities established
pursuant to section 105(a)(8) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9605(a)(8)).
(D) Applications.--An eligible entity desiring a grant
under this paragraph shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require.
(E) Limitations.--A grant under this paragraph shall be
governed by the rules, procedures, and limitations described
in section 117(e)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9617(e)(2)), except that--
(i) ``Administrator of the Environmental Protection
Agency'' shall be substituted for ``President'' each place it
appears in that section; and
(ii) in the first sentence of that section, ``under
subsection (s) of the ADVANCE Act of 2023'' shall be
substituted for ``under this subsection''.
(6) Statute of limitations.--If a remedial action described
in paragraph (3)(B) is scheduled at an eligible non-NPL site,
no action may be commenced for damages (as defined in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601))
with respect to that eligible non-NPL site unless the action
is commenced within the timeframe provided for such actions
with respect to facilities on the National Priorities List in
the first sentence of the matter following subparagraph (B)
of section 113(g)(1) of that Act (42 U.S.C. 9613(g)(1)).
(7) Coordination.--The Administrator shall coordinate with
the Indian Tribe on whose land the applicable site is located
in--
(A) selecting and prioritizing sites for response actions
under subparagraphs (A) and (B) of paragraph (3); and
(B) carrying out those response actions.
(t) Development, Qualification, and Licensing of Advanced
Nuclear Fuel Concepts.--
(1) In general.--The Commission shall establish an
initiative to enhance preparedness and coordination with
respect to the qualification and licensing of advanced
nuclear fuel.
(2) Agency coordination.--Not later than 180 days after the
date of enactment of this Act, the Commission and the
Secretary of Energy shall enter into a memorandum of
understanding--
(A) to share technical expertise and knowledge through--
(i) enabling the testing and demonstration of accident
tolerant fuels for existing commercial nuclear reactors and
advanced nuclear reactor fuel concepts to be proposed and
funded, in whole or in part, by the private sector;
(ii) operating a database to store and share data and
knowledge relevant to nuclear science and engineering between
Federal agencies and the private sector;
(iii) leveraging expertise with respect to safety analysis
and research relating to advanced nuclear fuel; and
(iv) enabling technical staff to actively observe and learn
about technologies, with an emphasis on identification of
additional information needed with respect to advanced
nuclear fuel; and
(B) to ensure that--
(i) the Department of Energy has sufficient technical
expertise to support the timely research, development,
demonstration, and commercial application of advanced nuclear
fuel;
(ii) the Commission has sufficient technical expertise to
support the evaluation of applications for licenses, permits,
and design certifications and other requests for regulatory
approval for advanced nuclear fuel;
(iii)(I) the Department of Energy maintains and develops
the facilities necessary to enable the timely research,
development, demonstration, and commercial application by the
civilian nuclear industry of advanced nuclear fuel; and
(II) the Commission has access to the facilities described
in subclause (I), as needed; and
(iv) the Commission consults, as appropriate, with the
modeling and simulation experts at the Office of Nuclear
Energy of the Department of Energy, at the National
Laboratories, and within industry fuel vendor teams in
cooperative agreements with the Department of Energy to
leverage physics-
[[Page S4145]]
based computer modeling and simulation capabilities.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing the
efforts of the Commission under paragraph (1), including--
(i) an assessment of the preparedness of the Commission to
review and qualify for use--
(I) accident tolerant fuel;
(II) ceramic cladding materials;
(III) fuels containing silicon carbide;
(IV) high-assay, low-enriched uranium fuels;
(V) molten-salt based liquid fuels;
(VI) fuels derived from spent nuclear fuel or depleted
uranium; and
(VII) other related fuel concepts, as determined by the
Commission;
(ii) activities planned or undertaken under the memorandum
of understanding described in paragraph (2);
(iii) an accounting of the areas of research needed with
respect to advanced nuclear fuel; and
(iv) any other challenges or considerations identified by
the Commission.
(B) Consultation.--In developing the report under
subparagraph (A), the Commission shall seek input from--
(i) the Secretary of Energy;
(ii) National Laboratories;
(iii) the nuclear energy industry;
(iv) technology developers;
(v) nongovernmental organizations; and
(vi) other public stakeholders.
(u) Commission Workforce.--
(1) Definition of chairman.--In this subsection, the term
``Chairman'' means the Chairman of the Commission.
(2) Hiring bonus and appointment authority.--
(A) In general.--Notwithstanding section 161 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision
of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C.
app.), and any provision of title 5, United States Code,
governing appointments and General Schedule classification
and pay rates, the Chairman may, subject to the limitations
described in subparagraph (C), and without regard to the
civil service laws--
(i) establish the positions described in subparagraph (B);
and
(ii) appoint persons to the positions established under
clause (i).
(B) Positions described.--The positions referred to in
subparagraph (A)(i) are--
(i) permanent or term-limited positions with highly
specialized scientific, engineering, and technical
competencies to address a critical licensing or regulatory
oversight need for the Commission, including--
(I) health physicist;
(II) reactor operations engineer;
(III) human factors analyst or engineer;
(IV) risk and reliability analyst or engineer;
(V) licensing project manager;
(VI) reactor engineer for severe accidents;
(VII) geotechnical engineer;
(VIII) structural engineer;
(IX) reactor systems engineer;
(X) reactor engineer;
(XI) radiation scientist;
(XII) seismic engineer; and
(XIII) electronics engineer; or
(ii) permanent or term-limited positions to be filled by
exceptionally well-qualified individuals that the Chairman,
subject to paragraph (5), determines are necessary to fulfill
the mission of the Commission.
(C) Limitations.--
(i) In general.--Appointments under subparagraph (A)(ii)
may be made to not more than--
(I)(aa) 15 permanent positions described in subparagraph
(B)(i) during fiscal year 2024; and
(bb) 10 permanent positions described in subparagraph
(B)(i) during each fiscal year thereafter;
(II)(aa) 15 term-limited positions described in
subparagraph (B)(i) during fiscal year 2024; and
(bb) 10 term-limited positions described in subparagraph
(B)(i) during each fiscal year thereafter;
(III)(aa) 15 permanent positions described in subparagraph
(B)(ii) during fiscal year 2024; and
(bb) 10 permanent positions described in subparagraph
(B)(ii) during each fiscal year thereafter; and
(IV)(aa) 15 term-limited positions described in
subparagraph (B)(ii) during fiscal year 2024; and
(bb) 10 term-limited positions described in subparagraph
(B)(ii) during each fiscal year thereafter.
(ii) Term of term-limited appointment.--If a person is
appointed to a term-limited position described in clause (i)
or (ii) of subparagraph (B), the term of that appointment
shall not exceed 4 years.
(iii) Staff positions.--Subject to paragraph (5),
appointments made to positions established under this
paragraph shall be to a range of staff positions that are of
entry, mid, and senior levels, to the extent practicable.
(D) Hiring bonus.--The Commission may pay a person
appointed under subparagraph (A) a 1-time hiring bonus in an
amount not to exceed the least of--
(i) $25,000;
(ii) the amount equal to 15 percent of the annual rate of
basic pay of the employee; and
(iii) the amount of the limitation that is applicable for a
calendar year under section 5307(a)(1) of title 5, United
States Code.
(3) Compensation and appointment authority.--
(A) In general.--Notwithstanding section 161 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision
of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C.
app.), and chapter 51, and subchapter III of chapter 53, of
title 5, United States Code, the Chairman, subject to the
limitations described in subparagraph (C) and without regard
to the civil service laws, may--
(i) establish and fix the rates of basic pay for the
positions described in subparagraph (B); and
(ii) appoint persons to the positions established under
clause (i).
(B) Positions described.--The positions referred to in
subparagraph (A)(i) are--
(i) positions with highly specialized scientific,
engineering, and technical competencies to address a critical
need for the Commission, including--
(I) health physicist;
(II) reactor operations engineer;
(III) human factors analyst or engineer;
(IV) risk and reliability analyst or engineer;
(V) licensing project manager;
(VI) reactor engineer for severe accidents;
(VII) geotechnical engineer;
(VIII) structural engineer;
(IX) reactor systems engineer;
(X) reactor engineer;
(XI) radiation scientist;
(XII) seismic engineer; and
(XIII) electronics engineer; or
(ii) positions to be filled by exceptionally well-qualified
persons that the Chairman, subject to paragraph (5),
determines are necessary to fulfill the mission of the
Commission.
(C) Limitations.--
(i) In general.--The annual rate of basic pay for a
position described in subparagraph (B) may not exceed the per
annum rate of salary payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(ii) Number of positions.--Appointments under subparagraph
(A)(ii) may be made to not more than--
(I) 10 positions described in subparagraph (B)(i) per
fiscal year, not to exceed a total of 50 positions; and
(II) 10 positions described in subparagraph (B)(ii) per
fiscal year, not to exceed a total of 50 positions.
(D) Performance bonus.--
(i) In general.--Subject to clauses (ii) and (iii), an
employee may be paid a 1-time performance bonus in an amount
not to exceed the least of--
(I) $25,000;
(II) the amount equal to 15 percent of the annual rate of
basic pay of the person; and
(III) the amount of the limitation that is applicable for a
calendar year under section 5307(a)(1) of title 5, United
States Code.
(ii) Performance.--Any 1-time performance bonus under
clause (i) shall be made to a person who demonstrated
exceptional performance in the applicable fiscal year,
including--
(I) leading a project team in a timely, efficient, and
predictable licensing review to enable the safe use of
nuclear technology;
(II) making significant contributions to a timely,
efficient, and predictable licensing review to enable the
safe use of nuclear technology;
(III) the resolution of novel or first-of-a-kind regulatory
issues;
(IV) developing or implementing licensing or regulatory
oversight processes to improve the effectiveness of the
Commission; and
(V) other performance, as determined by the Chairman,
subject to paragraph (5).
(iii) Limitations.--The Commission may pay a 1-time
performance bonus under clause (i) for not more than 15
persons per fiscal year, and a person who receives a 1-time
performance bonus under that clause may not receive another
1-time performance bonus under that clause for a period of 5
years thereafter.
(4) Annual solicitation for nuclear regulator
apprenticeship network applications.--The Chairman, on an
annual basis, shall solicit applications for the Nuclear
Regulator Apprenticeship Network.
(5) Application of merit system principles.--To the maximum
extent practicable, appointments under paragraphs (2)(A) and
(3)(A) and any 1-time performance bonus under paragraph
(3)(D) shall be made in accordance with the merit system
principles set forth in section 2301 of title 5, United
States Code.
(6) Delegation.--Pursuant to Reorganization Plan No. 1 of
1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman shall
delegate, subject to the direction and supervision of the
Chairman, the authority provided by paragraphs (2), (3), and
(4) to the Executive Director for Operations of the
Commission.
(7) Annual report.--The Commission shall include in the
annual budget justification of the Commission--
(A) information that describes--
(i) the total number of and the positions of the persons
appointed under the authority provided by paragraph (2);
(ii) the total number of and the positions of the persons
paid at the rate determined under the authority provided by
paragraph (3)(A);
(iii) the total number of and the positions of the persons
paid a 1-time performance bonus under the authority provided
by paragraph (3)(D);
[[Page S4146]]
(iv) how the authority provided by paragraphs (2) and (3)
is being used, and has been used during the previous fiscal
year, to address the hiring and retention needs of the
Commission with respect to the positions described in those
subsections to which that authority is applicable;
(v) if the authority provided by paragraphs (2) and (3) is
not being used, or has not been used, the reasons, including
a justification, for not using that authority; and
(vi) the attrition levels with respect to the term-limited
appointments made under paragraph (2), including, with
respect to persons leaving a position before completion of
the applicable term of service, the average length of service
as a percentage of the term of service;
(B) an assessment of--
(i) the current critical workforce needs of the Commission,
including any critical workforce needs that the Commission
anticipates in the subsequent 5 fiscal years; and
(ii) further skillsets that are or will be needed for the
Commission to fulfill the licensing and oversight
responsibilities of the Commission; and
(C) the plans of the Commission to assess, develop, and
implement updated staff performance standards, training
procedures, and schedules.
(8) Report on attrition and effectiveness.--Not later than
September 30, 2032, the Commission shall submit to the
Committees on Appropriations and Environment and Public Works
of the Senate and the Committees on Appropriations and Energy
and Commerce of the House of Representatives a report that--
(A) describes the attrition levels with respect to the
term-limited appointments made under paragraph (2),
including, with respect to persons leaving a position before
completion of the applicable term of service, the average
length of service as a percentage of the term of service;
(B) provides the views of the Commission on the
effectiveness of the authorities provided by paragraphs (2)
and (3) in helping the Commission fulfill the mission of the
Commission; and
(C) makes recommendations with respect to whether the
authorities provided by paragraphs (2) and (3) should be
continued, modified, or discontinued.
(v) Commission Corporate Support Funding.--
(1) Report.--Not later than 3 years after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress and make publicly
available a report that describes--
(A) the progress on the implementation of section 102(a)(3)
of the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(a)(3)); and
(B) whether the Commission is meeting and is expected to
meet the total budget authority caps required for corporate
support under that section.
(2) Limitation on corporate support costs.--Section
102(a)(3) of the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215(a)(3)) is amended by striking
subparagraphs (B) and (C) and inserting the following:
``(B) 30 percent for fiscal year 2024 and each fiscal year
thereafter.''.
(3) Corporate support costs clarification.--Paragraph (9)
of section 3 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215 note; Public Law 115-439)
(as redesignated by subsection (f)(1)(A)) is amended--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) by adding at the end the following:
``(B) Exclusions.--The term `corporate support costs' does
not include--
``(i) costs for rent and utilities relating to any and all
space in the Three White Flint North building that is not
occupied by the Commission; or
``(ii) costs for salaries, travel, and other support for
the Office of the Commission.''.
(w) Performance and Reporting Update.--Section 102(c) of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(c)) is amended--
(1) in paragraph (3)--
(A) in the paragraph heading, by striking ``180'' and
inserting ``90''; and
(B) by striking ``180'' and inserting ``90''; and
(2) by adding at the end the following:
``(4) Periodic updates to metrics and schedules.--
``(A) Review and assessment.--Not less frequently than once
every 3 years, the Commission shall review and assess, based
on the licensing and regulatory activities of the Commission,
the performance metrics and milestone schedules established
under paragraph (1).
``(B) Revisions.--After each review and assessment under
subparagraph (A), the Commission shall revise and improve, as
appropriate, the performance metrics and milestone schedules
described in that subparagraph to provide the most efficient
metrics and schedules reasonably achievable.''.
(x) Nuclear Closure Communities.--
(1) Definitions.--In this subsection:
(A) Community advisory board.--The term ``community
advisory board'' means a community committee or other
advisory organization that aims to foster communication and
information exchange between a licensee planning for and
involved in decommissioning activities and members of the
community that decommissioning activities may affect.
(B) Decommission.--The term ``decommission'' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or successor regulations).
(C) Eligible recipient.--The term ``eligible recipient''
has the meaning given the term in section 3 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3122).
(D) Licensee.--The term ``licensee'' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or successor regulations).
(E) Nuclear closure community.--The term ``nuclear closure
community'' means a unit of local government, including a
county, city, town, village, school district, or special
district, that has been impacted, or reasonably demonstrates
to the satisfaction of the Secretary that it will be
impacted, by a nuclear power plant licensed by the Commission
that--
(i) is not co-located with an operating nuclear power
plant;
(ii) is at a site with spent nuclear fuel; and
(iii) as of the date of enactment of this Act--
(I) has ceased operations; or
(II) has provided a written notification to the Commission
that it will cease operations.
(F) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary of
Commerce for Economic Development.
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
grant program to provide grants to eligible recipients--
(A) to assist with economic development in nuclear closure
communities; and
(B) to fund community advisory boards in nuclear closure
communities.
(3) Requirement.--In carrying out this subsection, to the
maximum extent practicable, the Secretary shall implement the
recommendations described in the report submitted to Congress
under section 108 of the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439; 132 Stat. 5577)
entitled ``Best Practices for Establishment and Operation of
Local Community Advisory Boards Associated with
Decommissioning Activities at Nuclear Power Plants''.
(4) Distribution of funds.--The Secretary shall establish a
formula to ensure, to the maximum extent practicable,
geographic diversity among grant recipients under this
subsection.
(5) Authorization of appropriations.--
(A) In general.--There are authorized to be appropriated to
the Secretary--
(i) to carry out paragraph (2)(A), $35,000,000 for each of
fiscal years 2023 through 2028; and
(ii) to carry out paragraph (2)(B), $5,000,000 for each of
fiscal years 2023 through 2025.
(B) Availability.--Amounts made available under this
subsection shall remain available for a period of 5 years
beginning on the date on which the amounts are made
available.
(C) No offset.--None of the funds made available under this
subsection may be used to offset the funding for any other
Federal program.
(y) Technical Correction.--Section 104 c. of the Atomic
Energy Act of 1954 (42 U.S.C. 2134(c)) is amended--
(1) by striking the third sentence and inserting the
following:
``(3) Limitation on utilization facilities.--The Commission
may issue a license under this section for a utilization
facility useful in the conduct of research and development
activities of the types specified in section 31 if--
``(A) not more than 75 percent of the annual costs to the
licensee of owning and operating the facility are devoted to
the sale, other than for research and development or
education and training, of--
``(i) nonenergy services;
``(ii) energy; or
``(iii) a combination of nonenergy services and energy; and
``(B) not more than 50 percent of the annual costs to the
licensee of owning and operating the facility are devoted to
the sale of energy.'';
(2) in the second sentence, by striking ``The Commission''
and inserting the following:
``(2) Regulation.--The Commission''; and
(3) by striking ``c. The Commission'' and inserting the
following:
``c. Research and Development Activities.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Commission''.
(z) Report on Engagement With the Government of Canada With
Respect to Nuclear Waste Issues in the Great Lakes Basin.--
Not later than 1 year after the date of enactment of this
Act, the Commission shall submit to the appropriate
committees of Congress, the Committee on Foreign Relations of
the Senate, the Committee on Energy and Natural Resources of
the Senate, and the Committee on Foreign Affairs of the House
of Representatives a report describing any engagement between
the Commission and the Government of Canada with respect to
nuclear waste issues in the Great Lakes Basin.
(aa) Savings Clause.--Nothing in this section affects
authorities of the Department of State.
[[Page S4147]]
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Department of State Authorization Act of 2023''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 6101. Special hiring authority for passport services.
Sec. 6102. Quarterly report on passport wait times.
Sec. 6103. Passport travel advisories.
Sec. 6104. Strategy to ensure access to passport services for all
Americans.
Sec. 6105. Strengthening the National Passport Information Center.
Sec. 6106. Strengthening passport customer visibility and transparency.
Sec. 6107. Annual Office of Authentications report.
Sec. 6108. Increased accountability in assignment restrictions and
reviews.
Sec. 6109. Suitability reviews for Foreign Service Institute
instructors.
Sec. 6110. Diplomatic security fellowship programs.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program .
Sec. 6207. Consideration of career civil servants as chiefs of
missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Protection of retirement annuity for reemployment by
Department.
Sec. 6212. Efforts to improve retention and prevent retaliation.
Sec. 6213. National advertising campaign.
Sec. 6214. Expansion of diplomats in residence programs.
Subtitle B--Pay, Benefits, and Workforce Matters
Sec. 6221. Education allowance.
Sec. 6222. Per diem allowance for newly hired members of the Foreign
Service.
Sec. 6223. Improving mental health services for foreign and civil
servants.
Sec. 6224. Emergency back-up care.
Sec. 6225. Authority to provide services to non-chief of mission
personnel.
Sec. 6226. Exception for government-financed air transportation.
Sec. 6227. Enhanced authorities to protect locally employed staff
during emergencies.
Sec. 6228. Internet at hardship posts.
Sec. 6229. Competitive local compensation plan.
Sec. 6230. Supporting tandem couples in the Foreign Service.
Sec. 6231. Accessibility at diplomatic missions.
Sec. 6232. Report on breastfeeding accommodations overseas.
Sec. 6233. Determining the effectiveness of knowledge transfers between
Foreign Service Officers.
Sec. 6234. Education allowance for dependents of Department of State
employees located in United States territories.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer
Program.
Sec. 6303. Establishment of the Chief Artificial Intelligence Officer
of the Department of State.
Sec. 6304. Strengthening the Chief Information Officer of the
Department of State.
Sec. 6305. Sense of Congress on strengthening enterprise governance.
Sec. 6306. Digital connectivity and cybersecurity partnership.
Sec. 6307. Establishment of a cyberspace, digital connectivity, and
related technologies (CDT) fund.
Sec. 6308. Cyber protection support for personnel of the Department of
State in positions highly vulnerable to cyber attack.
TITLE LXIV--ORGANIZATION AND OPERATIONS
Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Overseas placement of special appointment positions.
Sec. 6408. Resources for United States nationals unlawfully or
wrongfully detained abroad.
TITLE LXV--ECONOMIC DIPLOMACY
Sec. 6501. Report on recruitment, retention, and promotion of Foreign
Service economic officers.
Sec. 6502. Mandate to revise Department of State metrics for successful
economic and commercial diplomacy.
Sec. 6503. Chief of mission economic responsibilities.
Sec. 6504. Direction to embassy deal teams.
Sec. 6505. Establishment of a ``Deal Team of the Year'' award.
TITLE LXVI--PUBLIC DIPLOMACY
Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio
Liberty.
Sec. 6603. International broadcasting.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Extension of Global Engagement Center.
Sec. 6607. Paperwork Reduction Act.
Sec. 6608. Modernization and enhancement strategy.
TITLE LXVII--OTHER MATTERS
Sec. 6701. Internships of United States nationals at international
organizations.
Sec. 6702. Training for international organizations.
Sec. 6703. Modification to transparency on international agreements and
non-binding instruments.
Sec. 6704. Report on partner forces utilizing United States security
assistance identified as using hunger as a weapon of war.
Sec. 6705. Infrastructure projects and investments by the United States
and People's Republic of China.
Sec. 6706. Special envoys.
Sec. 6707. US-ASEAN Center.
Sec. 6708. Briefings on the United States-European Union Trade and
Technology Council.
Sec. 6709. Modification and repeal of reports.
Sec. 6710. Modification of Build Act of 2018 to prioritize projects
that advance national security.
Sec. 6711. Permitting for international bridges.
TITLE LXVIII--AUKUS MATTERS
Sec. 6801. Definitions.
Subtitle A--Outlining the AUKUS Partnership
Sec. 6811. Statement of policy on the AUKUS partnership.
Sec. 6812. Senior Advisor for the AUKUS partnership at the Department
of State.
Subtitle B--Authorization for AUKUS Submarine Training
Sec. 6823. Australia, United Kingdom, and United States submarine
security training.
Subtitle C--Streamlining and Protecting Transfers of United States
Military Technology From Compromise
Sec. 6831. Priority for Australia and the United Kingdom in Foreign
Military Sales and Direct Commercial Sales.
Sec. 6832. Identification and pre-clearance of platforms, technologies,
and equipment for sale to Australia and the United
Kingdom through Foreign Military Sales and Direct
Commercial Sales.
Sec. 6833. Export control exemptions and standards.
Sec. 6834. Expedited review of export licenses for exports of advanced
technologies to Australia, the United Kingdom, and
Canada.
Sec. 6835. United States Munitions List.
Subtitle D--Other AUKUS Matters
Sec. 6841. Reporting related to the AUKUS partnership.
SEC. 6002. DEFINITIONS.
In this division:
(1) 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.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
SEC. 6101. SPECIAL HIRING AUTHORITY FOR PASSPORT SERVICES.
During the 3-year period beginning on the date of the
enactment of this Act, the Secretary of State, without regard
to the provisions under sections 3309 through 3318 of title
5, United States Code, may directly appoint up to 80
candidates to positions in the competitive service (as
defined in section 2102 of such title) at the Department in
the Passport and Visa Examining Series 0967.
SEC. 6102. QUARTERLY REPORT ON PASSPORT WAIT TIMES.
Not later than 30 days after the date of the enactment of
this Act, and quarterly thereafter for the following 3 years,
the Secretary shall submit a report to the appropriate
congressional committees that describes--
(1) the current estimated wait times for passport
processing;
[[Page S4148]]
(2) the steps that have been taken by the Department to
reduce wait times to a reasonable time;
(3) efforts to improve the rollout of the online passport
renewal processing program, including how much of passport
revenues the Department is spending on consular systems
modernization;
(4) the demand for urgent passport services by major
metropolitan area;
(5) the steps that have been taken by the Department to
reduce and meet the demand for urgent passport services,
particularly in areas that are greater than 5 hours driving
time from the nearest passport agency; and
(6) how the Department details its staff and resources to
passport services programs.
SEC. 6103. PASSPORT TRAVEL ADVISORIES.
Not later than 180 days after the date of the enactment of
this Act, the Department shall make prominently available in
United States regular passports, on the first three pages of
the passport, the following information:
(1) A prominent, clear advisory for all travelers to check
travel.state.gov for updated travel warnings and advisories.
(2) A prominent, clear notice urging all travelers to
register with the Department prior to overseas travel.
(3) A prominent, clear advisory--
(A) noting that many countries deny entry to travelers
during the last 6 months of their passport validity period;
and
(B) urging all travelers to renew their passport not later
than 1 year prior to its expiration.
SEC. 6104. STRATEGY TO ENSURE ACCESS TO PASSPORT SERVICES FOR
ALL AMERICANS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit a strategy to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives for ensuring
reasonable access to passport services for all Americans,
which shall include--
(1) a detailed strategy describing how the Department
could--
(A) by not later than 1 year after submission of the
strategy, reduce passport processing times to an acceptable
average for renewals and for expedited service; and
(B) by not later than 2 years after the submission of the
strategy, provide United States residents living in a
significant population center more than a 5-hour drive from a
passport agency with urgent, in-person passport services,
including the possibility of building new passport agencies;
and
(2) a description of the specific resources required to
implement the strategy.
SEC. 6105. STRENGTHENING THE NATIONAL PASSPORT INFORMATION
CENTER.
(a) Sense of Congress.--It is the sense of Congress that
passport wait times since 2021 have been unacceptably long
and have created frustration among those seeking to obtain or
renew passports.
(b) Online Chat Feature.--The Department should develop an
online tool with the capability for customers to correspond
with customer service representatives regarding questions and
updates pertaining to their application for a passport or for
the renewal of a passport.
(c) GAO Report.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall initiate a review of NPIC operations,
which shall include an analysis of the extent to which NPIC--
(1) responds to constituent inquiries by telephone,
including how long constituents are kept on hold and their
ability to be placed in a queue;
(2) provides personalized customer service;
(3) maintains its telecommunications infrastructure to
ensure it effectively handles call volumes; and
(4) other relevant issues the Comptroller General deems
appropriate.
SEC. 6106. STRENGTHENING PASSPORT CUSTOMER VISIBILITY AND
TRANSPARENCY.
(a) Online Status Tool.--Not later than 2 years after the
date of the enactment of this Act, the Department should
modernize the online passport application status tool to
include, to the greatest extent possible, step by step
updates on the status of their application, including with
respect to the following stages:
(1) Submitted for processing.
(2) In process at a lockbox facility.
(3) Awaiting adjudication.
(4) In process of adjudication.
(5) Adjudicated with a result of approval or denial.
(6) Materials shipped.
(b) Additional Information.--The tool pursuant to
subsection (a) should include a display that informs each
passport applicant of--
(1) the date on which his or her passport application was
received; and
(2) the estimated wait time remaining in the passport
application process.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary of State for
Consular Affairs shall submit a report to the appropriate
congressional committees that outlines a plan for coordinated
comprehensive public outreach to increase public awareness
and understanding of--
(1) the online status tool required under subsection (a);
(2) passport travel advisories required under section 6103;
and
(3) passport wait times.
SEC. 6107. ANNUAL OFFICE OF AUTHENTICATIONS REPORT.
(a) Report.--The Assistant Secretary of State for Consular
Affairs shall submit an annual report for 5 years to the
appropriated congressional committees that describes--
(1) the number of incoming authentication requests, broken
down by month and type of request, to show seasonal
fluctuations in demand;
(2) the average time taken by the Office of Authentications
of the Department of State to authenticate documents, broken
down by month to show seasonal fluctuations in wait times;
(3) how the Department of State details staff to the Office
of Authentications; and
(4) the impact that hiring additional, permanent, dedicated
staff for the Office of Authentications would have on the
processing times referred to in paragraph (2).
(b) Authorization.--The Secretary of State is authorized to
hire additional, permanent, dedicated staff for the Office of
Authentications.
SEC. 6108. INCREASED ACCOUNTABILITY IN ASSIGNMENT
RESTRICTIONS AND REVIEWS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the use of policies to restrict personnel from serving
in certain assignments may undermine the Department's ability
to deploy relevant cultural and linguistic skills at
diplomatic posts abroad if not applied judiciously; and
(2) the Department should continuously evaluate all
processes relating to assignment restrictions, assignment
reviews, and preclusions at the Department.
(b) Notification of Status.--Beginning not later than 90
days after the date of the enactment of this Act, the
Secretary shall--
(1) provide a status update for all Department personnel
who, prior to such date of enactment, were subject to a prior
assignment restriction, assignment review, or preclusion for
whom a review or decision related to assignment is pending;
and
(2) on an ongoing basis, provide a status update for any
Department personnel who has been the subject of a pending
assignment restriction or pending assignment review for more
than 30 days.
(c) Notification Content.--The notification required under
subsection (b) shall inform relevant personnel, as of the
date of the notification--
(1) whether any prior assignment restriction has been
lifted;
(2) if their assignment status is subject to ongoing
review, and an estimated date for completion; and
(3) if they are subject to any other restrictions on their
ability to serve at posts abroad.
(d) Adjudication of Ongoing Assignment Reviews.--
(1) Time limit.--The Department shall establish a
reasonable time limit for the Department to complete an
assignment review and establish a deadline by which it must
inform personnel of a decision related to such a review.
(2) Appeals.--For any personnel the Department determines
are ineligible to serve in an assignment due to an assignment
restriction or assignment review, a Security Appeal Panel
shall convene not later than 120 days of an appeal being
filed.
(3) Entry-level bidding process.--The Department shall
include a description of the assignment review process and
critical human intelligence threat posts in a briefing to new
officers as part of their entry-level bidding process.
(4) Point of contact.--The Department shall designate point
of contacts in the Bureau of Diplomatic Security and Bureau
of Global Talent Management to answer employee and Career
Development Officer questions about assignment restrictions,
assignment reviews, and preclusions.
(e) Security Appeal Panel.--Not later than 90 days after
the date of the enactment of this Act, the Security Appeal
Panel shall be comprised of--
(1) the head of an office responsible for human resources
or discrimination who reports directly to the Secretary;
(2) the Principal Deputy Assistant Secretary for the Bureau
of Global Talent Management;
(3) the Principal Deputy Assistant Secretary for the Bureau
of Intelligence and Research;
(4) an Assistant Secretary or Deputy, or equivalent, from a
third bureau as designated by the Under Secretary for
Management;
(5) a representative from the geographic bureau to which
the restriction applies; and
(6) a representative from the Office of the Legal Adviser
and a representative from the Bureau of Diplomatic Security,
who shall serve as non-voting advisors.
(f) Appeal Rights.--Section 414(a) of the Department of
State Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a))
is amended by striking the first two sentences and inserting
``The Secretary shall establish and maintain a right and
process for employees to appeal a decision related to an
assignment, based on a restriction, review, or preclusion.
Such right and process shall ensure that any such employee
shall have the same appeal rights as provided by the
Department regarding denial or revocation of a security
clearance.''.
(g) FAM Update.--Not later than 120 days after the date of
the enactment of this Act,
[[Page S4149]]
the Secretary shall amend all relevant provisions of the
Foreign Service Manual, and any associated or related
policies of the Department, to comply with this section.
SEC. 6109. SUITABILITY REVIEWS FOR FOREIGN SERVICE INSTITUTE
INSTRUCTORS.
The Secretary shall ensure that all instructors at the
Foreign Service Institute, including direct hires and
contractors, who provide language instruction are--
(1) subject to suitability reviews and background
investigations; and
(2) subject to continuous vetting or reinvestigations to
the extend consistent with Department and Executive policy
for other Department personnel.
SEC. 6110. DIPLOMATIC SECURITY FELLOWSHIP PROGRAMS.
(a) In General.--Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Diplomatic Security Fellowship Programs.--
``(1) Establishment.--The Secretary of State, working
through the Assistant Secretary for Diplomatic Security, is
authorized to establish Diplomatic Security fellowship
programs to provide grants to United States nationals
pursuing undergraduate studies who commit to pursuing a
career as a special agent, security engineering officer, or
in the civil service in the Bureau of Diplomatic Security.
``(2) Rulemaking.--The Secretary is authorized to
promulgate regulations for the administration of Diplomatic
Security fellowship programs that set forth--
``(A) the eligibility requirements for receiving a grant
under this subsection;
``(B) the process by which eligible applicants may request
such a grant;
``(C) the maximum amount of such a grant; and
``(D) the educational progress to which all grant
recipients are obligated.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $2,000,000 for each of fiscal years 2024
through 2028 to carry out this section.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
SEC. 6201. ADJUSTMENT TO PROMOTION PRECEPTS.
Section 603(b) of the Foreign Service Act of 1980 (22
U.S.C. 4003(b)) is amended--
(1) by redesignating paragraph (2), (3), and (4) as
paragraphs (7), (8), and (9), respectively; and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) experience serving at an international organization,
multilateral institution, or engaging in multinational
negotiations;
``(3) willingness to serve in hardship posts overseas or
across geographically distinct regions;
``(4) experience advancing policies or developing expertise
that enhance the United States' competitiveness with regard
to critical and emerging technologies;
``(5) willingness to participate in appropriate and
relevant professional development opportunities offered by
the Foreign Service Institute or other educational
institutions associated with the Department;
``(6) willingness to enable and encourage subordinates at
various levels to avail themselves of appropriate and
relevant professional development opportunities offered by
the Foreign Service Institute or other educational
institutions associated with the Department;''.
SEC. 6202. HIRING AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should possess hiring authorities to
enable recruitment of individuals representative of the
nation with special skills needed to address 21st century
diplomacy challenges; and
(2) the Secretary shall conduct a survey of hiring
authorities held by the Department to identify--
(A) hiring authorities already authorized by Congress;
(B) others authorities granted through Presidential decree
or executive order; and
(C) any authorities needed to enable recruitment of
individuals with the special skills described in paragraph
(1).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Homeland Security of the House of
Representatives a report that includes a description of all
existing hiring authorities and legislative proposals on any
new needed authorities.
(c) Special Hiring Authority.--For an initial period of not
more than 3 years after the date of the enactment of this
Act, the Secretary may appoint, without regard to the
provisions of sections 3309 through 3318 of title 5, United
States Code, up to 80 candidates directly to positions in the
competitive service at the Department, as defined in section
2102 of that title, in the following occupational series: 25
candidates under 1560 Data Science, 25 candidates under 2210
Information Technology Management, and 30 candidates under
0201 Human Resources Management.
SEC. 6203. EXTENDING PATHS TO SERVICE FOR PAID STUDENT
INTERNS.
For up to 2 years following the end of a compensated
internship at the Department, the Department may offer
employment to up to 25 such interns and appoint them directly
to positions in the competitive service, as defined in
section 2102 of title 5, United States Code, without regard
to the provisions of sections 3309 through 3318 of such
title.
SEC. 6204. LATERAL ENTRY PROGRAM.
(a) In General.--Section 404 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323; 130
Stat. 1928) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``3-
year'' and inserting ``5-year'';
(B) in paragraph (5), by striking ``; and'';
(C) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following new paragraphs:
``(7) does not include the use of Foreign Service-Limited
or other noncareer Foreign Service hiring authorities; and
``(8) includes not fewer than 30 participants for each year
of the pilot program.''; and
(2) by adding at the end the following new subsection:
``(e) Certification.--If the Secretary does not commence
the lateral entry program within 180 days after the date of
the enactment of this subsection, the Secretary shall submit
a report to the appropriate congressional committees--
``(1) certifying that progress is being made on
implementation of the pilot program and describing such
progress, including the date on which applicants will be able
to apply;
``(2) estimating the date by which the pilot program will
be fully implemented;
``(3) outlining how the Department will use the Lateral
Entry Program to fill needed skill sets in key areas such as
cyberspace, emerging technologies, economic statecraft,
multilateral diplomacy, and data and other sciences.''.
SEC. 6205. MID-CAREER MENTORING PROGRAM.
(a) Authorization.--The Secretary, in collaboration with
the Director of the Foreign Service Institute, is authorized
to establish a Mid-Career Mentoring Program (referred to in
this section as the ``Program'') for employees who have
demonstrated outstanding service and leadership.
(b) Selection.--
(1) Nominations.--The head of each bureau shall
semiannually nominate participants for the Program from a
pool of applicants in the positions described in paragraph
(2)(B), including from posts both domestically and abroad.
(2) Submission of slate of nominees to secretary.--The
Director of the Foreign Service Institute, in consultation
with the Director General of the Foreign Service, shall
semiannually--
(A) vet the nominees most recently nominated pursuant to
paragraph (1); and
(B) submit to the Secretary a slate of applicants to
participate in the Program, who shall consist of at least--
(i) 10 Foreign Service Officers and specialists classified
at the FS-03 or FS-04 level of the Foreign Service Salary
Schedule;
(ii) 10 Civil Service employees classified at GS-12 or GS-
13 of the General Schedule; and
(iii) 5 Foreign Service Officers from the United States
Agency for International Development.
(3) Final selection.--The Secretary shall select the
applicants who will be invited to participate in the Program
from the slate received pursuant to paragraph (2)(B) and
extend such an invitation to each selected applicant.
(4) Merit principles.--Section 105 of the Foreign Service
Act of 1980 (22 U.S.C. 3905) shall apply to nominations,
submissions to the Secretary, and selections for the Program
under this section.
(c) Program Sessions.--
(1) Frequency; duration.--All of the participants who
accept invitations extended pursuant to subsection (b)(3)
shall meet 3 to 4 times per year for training sessions with
high-level leaders of the Department and USAID, including
private group meetings with the Secretary and the
Administrator of the United States Agency for International
Development.
(2) Themes.--Each session referred to in paragraph (1)
shall focus on specific themes developed jointly by the
Foreign Service Institute and the Executive Secretariat
focused on substantive policy issues and leadership
practices.
(d) Mentoring Program.--The Secretary and the Administrator
each is authorized to establish a mentoring and coaching
program that pairs a senior leader of the Department or USAID
with each of the program participants who complete the
Program during the 1-year period immediately following their
participation in the Program.
(e) Annual Report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for
three years, the Secretary shall submit a report to the
appropriate congressional committees that describes the
activities of the Program during the most recent year and
includes disaggregated demographic data on participants in
the Program.
SEC. 6206. REPORT ON THE FOREIGN SERVICE INSTITUTE'S LANGUAGE
PROGRAM.
Not later than 60 days after the date of the enactment of
this Act, the Secretary shall submit a report to the
appropriate congressional committees that includes--
[[Page S4150]]
(1) the average pass and fail rates for language programs
at the Foreign Service Institute disaggregated by language
during the 5-year period immediately preceding the date of
the enactment of this Act;
(2) the number of language instructors at the Foreign
Service Institute, and a comparison of the instructor/student
ratio in the language programs at the Foreign Service
Institute disaggregated by language;
(3) salaries for language instructors disaggregated by
language, and a comparison to salaries for instructors
teaching languages in comparable employment;
(4) recruitment and retention plans for language
instructors, disaggregated by language where necessary and
practicable; and
(5) any plans to increase pass rates for languages with
high failure rates.
SEC. 6207. CONSIDERATION OF CAREER CIVIL SERVANTS AS CHIEFS
OF MISSIONS.
Section 304(b) of the Foreign Service Act of 1980 (22
U.S.C. 3944) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The Secretary shall also furnish to the President, on
an annual basis and to assist the President in selecting
qualified candidates for appointments or assignments as chief
of mission, the names of between 5 and 10 career civil
servants serving at the Department of State or the United
States Agency for International Development who are qualified
to serve as chiefs of mission, together with pertinent
information about such individuals.''.
SEC. 6208. CIVIL SERVICE ROTATIONAL PROGRAM.
(a) Establishment of Pilot Rotational Program for Civil
Service.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a
program to provide qualified civil servants serving at the
Department an opportunity to serve at a United States
embassy, including identifying criteria and an application
process for such program.
(b) Program.--The program established under this section
shall--
(1) provide at least 20 career civil servants the
opportunity to serve for 2 to 3 years at a United States
embassy to gain additional skills and experience;
(2) offer such civil servants the opportunity to serve in a
political or economic section at a United States embassy; and
(3) include clear and transparent criteria for eligibility
and selection, which shall include a minimum of 5 years of
service at the Department.
(c) Subsequent Position and Promotion.--Following a
rotation at a United States embassy pursuant to the program
established by this section, participants in the program must
be afforded, at minimum, a position equivalent in seniority,
compensation, and responsibility to the position occupied
prior serving in the program. Successful completion of a
rotation at a United States embassy shall be considered
favorably with regard to applications for promotion in civil
service jobs at the Department.
(d) Implementation.--Not later than 2 years after the date
of the enactment of this Act, the Secretary shall identify
not less than 20 positions in United States embassies for the
program established under this section and offered at least
20 civil servants the opportunity to serve in a rotation at a
United States embassy pursuant to this section.
SEC. 6209. REPORTING REQUIREMENT ON CHIEFS OF MISSION.
Not later than 30 days following the end of each calendar
quarter, the Secretary shall submit to the appropriate
congressional committees--
(1) a list of every chief of mission or United States
representative overseas with the rank of Ambassador who,
during the prior quarter, was outside a country of assignment
for more than 14 cumulative days for purposes other than
official travel or temporary duty orders; and
(2) the number of days each such chief of mission or United
States representative overseas with the rank of Ambassador
was outside a country of assignment during the previous
quarter for purposes other than official travel or temporary
duty orders.
SEC. 6210. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF
MISSION.
Not later than April 1, 2024, and annually thereafter for
the next 4 years, the Secretary shall submit to the
appropriate congressional committees a report that includes--
(1) the Foreign Service cone of each current chief of
mission and deputy chief of mission (or whoever is acting in
the capacity of chief or deputy chief if neither is present)
for each United States embassy at which there is a Foreign
Service office filling either of those positions; and
(2) aggregated data for all chiefs of mission and deputy
chiefs of mission described in paragraph (1), disaggregated
by cone.
SEC. 6211. PROTECTION OF RETIREMENT ANNUITY FOR REEMPLOYMENT
BY DEPARTMENT.
(a) No Termination or Reduction of Retirement Annuity or
Pay for Reemployment.--Notwithstanding section 824 of the
Foreign Service Act of 1980 (22 U.S.C. 4064), if a covered
annuitant becomes employed by the Department--
(1) the payment of any retirement annuity, retired pay, or
retainer pay otherwise payable to the covered annuitant shall
not terminate; and
(2) the amount of the retirement annuity, retired pay, or
retainer pay otherwise payable to the covered annuitant shall
not be reduced.
(b) Covered Annuitant Defined.--In this section, the term
``covered annuitant'' means any individual who is receiving a
retirement annuity under--
(1) the Foreign Service Retirement and Disability System
under subchapter I of chapter 8 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4041 et seq.); or
(2) the Foreign Service Pension System under subchapter II
of such chapter (22 U.S.C. 4071 et seq.).
SEC. 6212. EFFORTS TO IMPROVE RETENTION AND PREVENT
RETALIATION.
(a) Streamlined Reporting.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
establish a single point of initial reporting for allegations
of discrimination, bullying, and harassment that provides an
initial review of the allegations and, if necessary, the
ability to file multiple claims based on a single complaint.
(b) Climate Surveys of Employees of the Department.--
(1) Required biennial surveys.--Not later than 180 days
after the date of the enactment of this Act and every 2 years
thereafter, the Secretary shall conduct a Department-wide
survey of all Department personnel regarding harassment,
discrimination, bullying, and related retaliation that
includes workforce perspectives on the accessibility and
effectiveness of the Bureau of Global Talent Management and
Office of Civil Rights in the efforts and processes to
address these issues.
(2) Required annual surveys.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall conduct an annual employee satisfaction
survey to assess the level of job satisfaction, work
environment, and overall employee experience within the
Department.
(B) Open-ended responses.--The survey required under
subparagraph (A) shall include options for open-ended
responses.
(C) Survey questions.--The survey shall include questions
regarding--
(i) work-life balance;
(ii) compensation and benefits;
(iii) career development opportunities;
(iv) the performance evaluation and promotion process,
including fairness and transparency;
(v) communication channels and effectiveness;
(vi) leadership and management;
(vii) organizational culture;
(viii) awareness and effectiveness of complaint measures;
(ix) accessibility and accommodations;
(x) availability of transportation to and from a work
station;
(xi) information technology infrastructure functionality
and accessibility;
(xii) the employee's understanding of the Department's
structure, mission, and goals;
(xiii) alignment and relevance of work to the Department's
mission; and
(xiv) sense of empowerment to affect positive change.
(3) Required exit surveys.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop and
implement a standardized, confidential exit survey process
that includes anonymous feedback and exit interviews with
employees who voluntarily separate from the Department,
whether through resignation, retirement, or other means.
(B) Scope.--The exit surveys conducted pursuant to
subparagraph (A)shall--
(i) be designed to gather insights and feedback from
departing employees regarding--
(I) their reasons for leaving, including caretaking
responsibilities, career limitations for partner or spouse,
and discrimination, harassment, bullying, or retaliation;
(II) their overall experience with the Department; and
(III) any suggestions for improvement; and
(ii) include questions related to--
(I) the employee's reasons for leaving;
(II) job satisfaction;
(III) work environment;
(IV) professional growth opportunities;
(V) leadership effectiveness;
(VI) suggestions for enhancing the Department's
performance; and
(VII) if applicable, the name and industry of the
employee's future employer.
(C) Compilation of results.--The Secretary shall compile
and analyze the anonymized exit survey data collected
pursuant to this paragraph to identify trends, common themes,
and areas needing improvement within the Department.
(4) Pilot surveys.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall conduct a
Department-wide survey for Locally Employed Staff regarding
retention, training, promotion, and other matters, including
harassment, discrimination, bullying, and related
retaliation, that includes workforce perspectives on the
accessibility and effectiveness of complaint measures.
(5) Report.--Not later than 60 days after the conclusion of
each survey conducted pursuant to this subsection, the
Secretary shall make the key findings available to the
Department workforce and shall submit them to the appropriate
congressional committees.
(c) Retaliation Prevention Efforts.--
(1) Employee evaluation.--
[[Page S4151]]
(A) In general.--If there is a pending investigation of
discrimination, bullying, or harassment against a superior
who is responsible for rating or reviewing the complainant
employee, the complainant shall be reviewed by the superior's
supervisor.
(B) Effective date.--This paragraph shall take effect 90
days after the date of the enactment of this Act.
(2) Retaliation prevention guidance.--Any Department
employee against whom an allegation of discrimination,
bullying, or harassment has been made shall receive written
guidance (a ``retaliation hold'') on the types of actions
that can be considered retaliation against the complainant
employee. The employee's immediate supervisor shall also
receive the retaliation hold guidance.
SEC. 6213. NATIONAL ADVERTISING CAMPAIGN.
Not later than 270 days after the date of the enactment of
this Act, the Secretary shall submit a strategy to the
appropriate congressional committees that assesses the
potential benefits and costs of a national advertising
campaign to improve the recruitment in the Civil Service and
the Foreign Service by raising public awareness of the
important accomplishments of the Department.
SEC. 6214. EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAMS.
Not later than two years after the date of the enactment of
this Act--
(1) the Secretary is authorized to increase the number of
diplomats in the Diplomats in Residence Program from 17 to at
least 20; and
(2) the Administrator of the United States Agency for
International Development is authorized to increase the
number of development diplomats in the Diplomats in Residence
Program from 1 to at least 3.
Subtitle B--Pay, Benefits, and Workforce Matters
SEC. 6221. EDUCATION ALLOWANCE.
(a) In General.--Chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by
adding at the end the following new section:
``SEC. 908. EDUCATION ALLOWANCE.
``A Department employee who is on leave to perform service
in the uniformed services (as defined in section 4303(13) of
title 38, United States Code) may receive an education
allowance if the employee would, if not for such service, be
eligible to receive the education allowance.''.
(b) Clerical Amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 (22 U.S.C. 3901 note) is
amended by inserting after the item relating to section 907
the following:
``Sec. 908. Education allowance''.
SEC. 6222. PER DIEM ALLOWANCE FOR NEWLY HIRED MEMBERS OF THE
FOREIGN SERVICE.
(a) Per Diem Allowance.--
(1) In general.--Except as provided in paragraph (2), any
newly hired Foreign Service employee who is in initial
orientation training, or any other training expected to last
less than 6 months before transferring to the employee's
first assignment, in the Washington, D.C., area shall, for
the duration of such training, receive a per diem allowance
at the levels prescribed under subchapter I of chapter 57 of
title 5, United States Code.
(2) Limitation on lodging expenses.--A newly hired Foreign
Service employee may not receive any lodging expenses under
the applicable per diem allowance pursuant to paragraph (1)
if that employee--
(A) has a permanent residence in the Washington, D.C., area
(not including Government-supplied housing during such
orientation training or other training); and
(B) does not vacate such residence during such orientation
training or other training.
(b) Definitions.--In this section--
(1) the term ``per diem allowance'' has the meaning given
that term under section 5701 of title 5, United States Code;
and
(2) the term ``Washington, D.C., area'' means the
geographic area within a 50 mile radius of the Washington
Monument.
SEC. 6223. IMPROVING MENTAL HEALTH SERVICES FOR FOREIGN AND
CIVIL SERVANTS.
(a) Additional Personnel to Address Mental Health.--
(1) In general.--The Secretary shall seek to increase the
number of personnel within the Bureau of Medical Services to
address mental health needs for both foreign and civil
servants.
(2) Employment targets.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall seek
to employ not fewer than 15 additional personnel in the
Bureau of Medical Services, compared to the number of
personnel employed as of the date of the enactment of this
Act.
(b) Study.--The Secretary shall conduct a study on the
accessibility of mental health care providers and services
available to Department personnel, including an assessment
of--
(1) the accessibility of mental health care providers at
diplomatic posts and in the United States;
(2) the accessibility of inpatient services for mental
health care for Department personnel;
(3) steps that may be taken to improve such accessibility;
(4) the impact of the COVID-19 pandemic on the mental
health of Department personnel, particularly those who served
abroad between March 1, 2020, and December 31, 2022, and
Locally Employed Staff, where information is available;
(5) recommended steps to improve the manner in which the
Department advertises mental health services to the
workforce; and
(6) additional authorities and resources needed to better
meet the mental health needs of Department personnel.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to
appropriate congressional committees a report containing the
findings of the study under subsection (b).
SEC. 6224. EMERGENCY BACK-UP CARE.
(a) In General.--The Secretary and the Administrator for
the United States Agency for International Development are
authorized to provide for unanticipated non-medical care,
including childcare, eldercare, and essential services
directly related to caring for an acute injury or illness,
for USAID and Department employees and their family members,
including through the provision of such non-medical services,
referrals to care providers, and reimbursement of reasonable
expenses for such services.
(b) Limitation.--Services provided pursuant to this section
shall not exceed $2,000,000 per fiscal year.
SEC. 6225. AUTHORITY TO PROVIDE SERVICES TO NON-CHIEF OF
MISSION PERSONNEL.
Section 904 of the Foreign Service Act of 1980 (22 U.S.C.
4084) is amended--
(1) in subsection (g), by striking ``abroad for employees
and eligible family members'' and inserting ``under this
section''; and
(2) by adding at the end the following new subsection:
``(a) Physical and Mental Health Care Services in Special
Circumstances.--
``(1) In general.--The Secretary is authorized to direct
health care providers employed under subsection (c) of this
section to furnish physical and mental health care services
to an individual otherwise ineligible for services under this
section if necessary to preserve life or limb or if intended
to facilitate an overseas evacuation, recovery, or return.
Such services may be provided incidental to the following
activities:
``(A) Activities undertaken abroad pursuant to section 3
and section 4 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2670, 2671).
``(B) Recovery of hostages or of wrongfully or unlawfully
detained individuals abroad, including pursuant to section
302 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741).
``(C) Secretarial dispatches to international disaster
sites deployed pursuant to section 207 of the Aviation
Security Improvement Act of 1990 (22 U.S.C. 5506).
``(D) Deployments undertaken pursuant to section
606(a)(6)(A)(iii) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(6)(A)(iii)).
``(2) Prioritization of other functions.--The Secretary
shall prioritize the allocation of Department resources to
the health care program described in subsections (a) through
(g) above the functions described in paragraph (1).
``(3) Regulations.--The Secretary should prescribe
applicable regulations to implement this section, taking into
account the prioritization in paragraph (2) and the
activities described in paragraph (1).
``(4) Reimbursable basis.--Services rendered under this
subsection shall be provided on a reimbursable basis to the
extent practicable.''.
SEC. 6226. EXCEPTION FOR GOVERNMENT-FINANCED AIR
TRANSPORTATION.
(a) Reducing Hardship for Transportation of Domestic
Animals.--
(1) In general.--Notwithstanding subsections (a) and (c) of
section 40118 of title 49, United States Code, the Department
is authorized to pay for the transportation by a foreign air
carrier of Department personnel and any in-cabin or
accompanying checked baggage or cargo if--
(A) no air carrier holding a certificate under section
41102 of such title is willing and able to transport up to 3
domestic animals accompanying such Federal personnel; and
(B) the transportation is from a place--
(i) outside the United States to a place in the United
States;
(ii) in the United States to a place outside the United
States; or
(iii) outside the United States to another place outside
the United States.
(2) Limitation.--An amount paid pursuant to paragraph (1)
for transportation by a foreign carrier may not be greater
than the amount that would otherwise have been paid had the
transportation been on an air carrier holding a certificate
under section 41102 had that carrier been willing and able to
provide such transportation. If the amount that would
otherwise have been paid to such an air carrier is less than
the cost of transportation on the applicable foreign carrier,
the Department personnel may pay the difference of such
amount.
(3) Domestic animal defined.--In this subsection, the term
``domestic animal'' means a dog or a cat.
SEC. 6227. ENHANCED AUTHORITIES TO PROTECT LOCALLY EMPLOYED
STAFF DURING EMERGENCIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) locally employed staff provide essential contributions
at United States diplomatic
[[Page S4152]]
and consular posts around the world, including by providing--
(A) security to United States government personnel serving
in the country;
(B) advice, expertise, and other services for the promotion
of political, economic, public affairs, commercial, security,
and other interests of critical importance to the United
States;
(C) a wide range of logistical and administrative support
to every office in each mission working to advance United
States interests around the world, including services and
support vital to the upkeep and maintenance of United States
missions;
(D) consular services to support the welfare and well-being
of United States citizens and to provide for the expeditious
processing of visa applications;
(E) institutional memory on a wide range of embassy
engagements on bilateral issues; and
(F) enduring connections to host country contacts, both
inside and outside the host government, including within
media, civil society, the business community, academia, the
armed forces, and elsewhere; and
(2) locally employed staff make important contributions
that should warrant the United States Government to give due
consideration for their security and safety when diplomatic
missions face emergency situations.
(b) Authorization to Provide Emergency Support.--In
emergency situations, in addition to other authorities that
may be available in emergencies or other exigent
circumstances, the Secretary is authorized to use funds made
available to the Department to provide support to ensure the
safety and security of locally employed staff and their
immediate family members, including for--
(1) providing transport or relocating locally employed
staff and their immediate family members to a safe and secure
environment;
(2) providing short-term housing or lodging for up to six
months for locally employed staff and their immediate family
members;
(3) procuring or providing other essential items and
services to support the safety and security of locally
employed staff and their immediate family members.
(c) Temporary Housing.--To ensure the safety and security
of locally employed staff and their immediate family members
consistent with this section, Chiefs of Missions are
authorized to allow locally employed staff and their
immediate family members to reside temporarily in the
residences of United States direct hire employees, either in
the host country or other countries, provided that such stays
are offered voluntarily by United States direct hire
employees.
(d) Foreign Affairs Manual.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
amend the Foreign Affairs Manual to reflect the
authorizations and requirements of this section.
(e) Emergency Situation Defined.--In this section, the term
``emergency situation'' means armed conflict, civil unrest,
natural disaster, or other types of instability that pose a
threat to the safety and security of locally employed staff,
particularly when and if a United States diplomatic or
consular post must suspend operations.
(f) Report.--
(1) 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, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
describing prior actions the Department has taken with regard
to locally employed staff and their immediate family members
following suspensions or closures of United States diplomatic
posts over the prior 10 years, including Kyiv, Kabul, Minsk,
Khartoum, and Juba.
(2) Elements.--The report required under paragraph (1)
shall--
(A) describe any actions the Department took to assist
locally employed staff and their immediate family members;
(B) identify any obstacles that made providing support or
assistance to locally employed staff and their immediate
family members difficult;
(C) examine lessons learned and propose recommendations to
better protect the safety and security of locally employed
staff and their family members, including any additional
authorities that may be required; and
(D) provide an analysis of and offer recommendations on any
other steps that could improve efforts to protect the safety
and security of locally employed staff and their immediate
family members.
SEC. 6228. INTERNET AT HARDSHIP POSTS.
Section 3 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``; and'' and inserting
a semicolon;
(2) in subsection (m) by striking the period at the end and
by inserting ``; and''; and
(3) by adding at the end the following new subsection:
``(n) pay expenses to provide internet services in
residences owned or leased by the United States Government in
foreign countries for the use of Department personnel where
Department personnel receive a post hardship differential
equivalent to 30 percent or more above basic compensation.''.
SEC. 6229. COMPETITIVE LOCAL COMPENSATION PLAN.
(a) Establishment and Implementation of Prevailing Wage
Rates Goal.--Section 401(a) of the Department of State
Authorities Act, fiscal year 2017 (22 U.S.C. 3968a(a)) is
amended in the matter preceding paragraph (1), by striking
``periodically'' and inserting ``every 3 years''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary 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
includes--
(1) compensation (including position classification) plans
for locally employed staff based upon prevailing wage rates
and compensation practices for corresponding types of
positions in the locality of employment; and
(2) an assessment of the feasibility and impact of changing
the prevailing wage rate goal for positions in the local
compensation plan from the 50th percentile to the 75th
percentile.
SEC. 6230. SUPPORTING TANDEM COUPLES IN THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) challenges finding and maintaining spousal employment
and family dissatisfaction are one of the leading reasons
employees cite for leaving the Department;
(2) tandem Foreign Service personnel represent important
members of the Foreign Service community, who act as force
multipliers for our diplomacy;
(3) the Department can and should do more to keep tandem
couples posted together and consider family member employment
needs when assigning tandem officers; and
(4) common sense steps providing more flexibility in the
assignments process would improve outcomes for tandem
officers without disadvantaging other Foreign Service
officers.
(b) Definitions.--In this section:
(1) Family togetherness.--The term ``family togetherness''
means facilitating the placement of Foreign Service personnel
at the same United States diplomatic post when both spouses
are members of a tandem couple of Foreign Service personnel.
(2) Tandem foreign service personnel; tandem.--The terms
``tandem Foreign Service personnel'' and ``tandem'' mean a
member of a couple of which one spouse is a career or career
candidate employee of the Foreign Service and the other
spouse is a career or career candidate employee of the
Foreign Service or an employee of one of the agencies
authorized to use the Foreign Service Personnel System under
section 202 of the Foreign Service Act of 1980 (22 U.S.C.
3922).
(c) Family Togetherness in Assignments.--Not later than 90
days after the date of enactment of this Act, the Department
shall amend and update its policies to further promote the
principle of family togetherness in the Foreign Service,
which shall include the following:
(1) Entry-level foreign service personnel.--The Secretary
shall adopt policies and procedures to facilitate the
assignment of entry-level tandem Foreign Service personnel on
directed assignments to the same diplomatic post or country
as their tandem spouse if they request to be assigned to the
same post or country. The Secretary shall also provide a
written justification to the requesting personnel explaining
any denial of a request that would result in a tandem couple
not serving together at the same post or country.
(2) Tenured foreign service personnel.--The Secretary shall
add family togetherness to the criteria when making a needs
of the Service determination, as defined by the Foreign
Affairs Manual, for the placement of tenured tandem Foreign
Service personnel at United States diplomatic posts.
(3) Updates to antinepotism policy.--The Secretary shall
update antinepotism policies so that nepotism rules only
apply when an employee and a relative are placed into
positions wherein they jointly and exclusively control
government resources, property, or money or establish
government policy.
(4) Temporary supervision of tandem spouse.--The Secretary
shall update policies to allow for a tandem spouse to
temporarily supervise another tandem spouse for up to 90 days
in a calendar year, including at a United States diplomatic
mission.
(d) Report.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter for two years,
the Secretary shall submit to the appropriate congressional
committees a report that includes--
(1) the number of Foreign Service tandem couples currently
serving;
(2) the number of Foreign Service tandems currently serving
in separate locations, or, to the extent possible, are on
leave without pay (LWOP); and
(3) an estimate of the cost savings that would result if
all Foreign Service tandem couples were placed at a single
post.
SEC. 6231. ACCESSIBILITY AT DIPLOMATIC MISSIONS.
Not later than 180 days after the date of the enactment of
this Act, the Department 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 includes--
(1) a list of the overseas United States diplomatic
missions that, as of the date of the enactment of this Act,
are not readily accessible to and usable by individuals with
disabilities;
[[Page S4153]]
(2) any efforts in progress to make such missions readily
accessible to and usable by individuals with disabilities;
and
(3) an estimate of the cost to make all such missions
readily accessible to and usable by individuals with
disabilities.
SEC. 6232. REPORT ON BREASTFEEDING ACCOMMODATIONS OVERSEAS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report that includes--
(1) a detailed report on the Department's efforts to equip
100 percent of United States embassies and consulates with
dedicated lactation spaces, other than bathrooms, that are
shielded from view and free from intrusion from coworkers and
the public for use by employees, including the expected
demand for such space as well as the status of such rooms
when there is no demand for such space; and
(2) a description of costs and other resources needed to
provide such spaces.
SEC. 6233. DETERMINING THE EFFECTIVENESS OF KNOWLEDGE
TRANSFERS BETWEEN FOREIGN SERVICE OFFICERS.
The Secretary shall assess the effectiveness of knowledge
transfers between Foreign Service officers who are departing
from overseas positions and Foreign Service Officers who are
arriving at such positions, and make recommendations for
approving such knowledge transfers, as appropriate, by--
(1) not later than 90 days after the date of the enactment
of this Act, conducting a written survey of a representative
sample of Foreign Service Officers working in overseas
assignments that analyzes the effectiveness of existing
mechanisms to facilitate transitions, including training,
mentorship, information technology, knowledge management,
relationship building, the role of locally employed staff,
and organizational culture; and
(2) not later than 120 days after the date of the enactment
of this Act, submitting to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report that includes a summary and
analysis of results of the survey conducted pursuant to
paragraph (1) that--
(A) identifies best practices and areas for improvement;
(B) describes the Department's methodology for determining
which Foreign Service Officers should receive familiarization
trips before arriving at a new post;
(C) includes recommendations regarding future actions the
Department should take to maximize effective knowledge
transfer between Foreign Service Officers;
(D) identifies any steps taken, or intended to be taken, to
implement such recommendations, including any additional
resources or authorities necessary to implement such
recommendations; and
(E) provides recommendations to Congress for legislative
action to advance the priority described in subparagraph (C).
SEC. 6234. EDUCATION ALLOWANCE FOR DEPENDENTS OF DEPARTMENT
OF STATE EMPLOYEES LOCATED IN UNITED STATES
TERRITORIES.
(a) In General.--An individual employed by the Department
at a location described in subsection (b) shall be eligible
for a cost-of-living allowance for the education of the
dependents of such employee in an amount that does not exceed
the educational allowance authorized by the Secretary of
Defense for such location.
(b) Location Described.--A location is described in this
subsection if--
(1) such location is in a territory of the United States;
and
(2) the Secretary of Defense has determined that schools
available in such location are unable to adequately provide
for the education of--
(A) dependents of members of the Armed Forces; or
(B) dependents of employees of the Department of Defense.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 6301. DATA-INFORMED DIPLOMACY.
(a) Findings.--Congress makes the following findings:
(1) In a rapidly evolving and digitally interconnected
global landscape, access to and maintenance of reliable,
readily available data is key to informed decisionmaking and
diplomacy and therefore should be considered a strategic
asset.
(2) In order to achieve its mission in the 21st century,
the Department must adapt to these trends by maintaining and
providing timely access to high-quality data at the time and
place needed, while simultaneously cultivating a data-savvy
workforce.
(3) Leveraging data science and data analytics has the
potential to improve the performance of the Department's
workforce by providing otherwise unknown insights into
program deficiencies, shortcomings, or other gaps in
analysis.
(4) While innovative technologies such as artificial
intelligence and machine learning have the potential to
empower the Department to analyze and act upon data at scale,
systematized, sustainable data management and information
synthesis remain a core competency necessary for data-driven
decisionmaking.
(5) The goals set out by the Department's Enterprise Data
Council (EDC) as the areas of most critical need for the
Department, including Cultivating a Data Culture,
Accelerating Decisions through Analytics, Establishing
Mission-Driven Data Management, and Enhancing Enterprise Data
Governance, are laudable and will remain critical as the
Department develops into a data-driven agency.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department should prioritize the recruitment and
retainment of top data science talent in support of its data-
informed diplomacy efforts as well as its broader
modernization agenda; and
(2) the Department should strengthen data fluency among its
workforce, promote data collaboration across and within its
bureaus, and enhance its enterprise data oversight.
SEC. 6302. ESTABLISHMENT AND EXPANSION OF THE BUREAU CHIEF
DATA OFFICER PROGRAM.
(a) Bureau Chief Data Officer Program.--
(1) Establishment.--The Secretary shall establish a
program, which shall be known as the ``Bureau Chief Data
Officer Program'' (referred to in this section as the
``Program''), overseen by the Department's Chief Data
Officer. The Bureau Chief Data Officers hired under this
program shall report to their respective Bureau leadership.
(2) Goals.--The goals of the Program shall include the
following:
(A) Cultivating a data culture by promoting data fluency
and data collaboration across the Department.
(B) Promoting increased data analytics use in critical
decisionmaking areas.
(C) Promoting data integration and standardization.
(D) Increasing efficiencies across the Department by
incentivizing acquisition of enterprise data solutions and
subscription data services to be shared across bureaus and
offices and within bureaus.
(b) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives an
implementation plan that outlines strategies for--
(1) advancing the goals described in subsection (a)(2);
(2) hiring Bureau Chief Data Officers at the GS-14 or GS-15
grade or a similar rank;
(3) assigning at least one Bureau Chief Data Officer to--
(A) each regional bureau of the Department;
(B) the Bureau of International Organization Affairs;
(C) the Office of the Chief Economist;
(D) the Office of the Science and Technology Advisor;
(E) the Bureau of Cyber and Digital Policy;
(F) the Bureau of Diplomatic Security;
(G) the Bureau for Global Talent Management; and
(H) the Bureau of Consular Affairs; and
(4) allocation of necessary resources to sustain the
Program.
(c) Assignment.--In implementing the Bureau Chief Data
Officer Program, Bureaus may not dual-hat currently employed
personnel as Bureau Chief Data Officers.
(d) Annual Reporting Requirement.--Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for the following 3 years, the Secretary shall
submit a report to the appropriate congressional committees
regarding the status of the implementation plan required
under subsection (b).
SEC. 6303. ESTABLISHMENT OF THE CHIEF ARTIFICIAL INTELLIGENCE
OFFICER OF THE DEPARTMENT OF STATE.
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 new subsection:
``(n) Chief Artificial Intelligence Officer.--
``(1) In general.--There shall be within the Department of
State a Chief Artificial Intelligence Officer, which may be
dual-hatted as the Department's Chief Data Officer, who shall
be a member of the Senior Executive Service.
``(2) Duties described.--The principal duties and
responsibilities of the Chief Artificial Intelligence Officer
shall be--
``(A) to evaluate, oversee, and, if appropriate, facilitate
the responsible adoption of artificial intelligence (AI) and
machine learning applications to help inform decisions by
policymakers and to support programs and management
operations of the Department of State; and
``(B) to act as the principal advisor to the Secretary of
State on the ethical use of AI and advanced analytics in
conducting data-informed diplomacy.
``(3) Qualifications.--The Chief Artificial Intelligence
Officer should be an individual with demonstrated skill and
competency in--
``(A) the use and application of data analytics, AI, and
machine learning; and
``(B) transformational leadership and organizational change
management, particularly within large, complex organizations.
``(4) Partner with the chief information officer on scaling
artificial intelligence use cases.--To ensure alignment
between the Chief Artificial Intelligence Officer and the
Chief Information Officer, the Chief Information Officer will
consult with the Chief Artificial Intelligence Officer on
best practices for rolling out and scaling AI capabilities
across the Bureau of Information and Resource Management's
broader portfolio of software applications.
``(5) Artificial intelligence defined.--In this subsection,
the term `artificial intelligence' has the meaning given the
term in
[[Page S4154]]
section 238(g) of the National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001
note).''.
SEC. 6304. STRENGTHENING THE CHIEF INFORMATION OFFICER OF THE
DEPARTMENT OF STATE.
(a) In General.--The Chief Information Officer of the
Department shall be consulted on all decisions to approve or
disapprove, significant new unclassified information
technology expenditures, including software, of the
Department, including expenditures related to information
technology acquired, managed, and maintained by other bureaus
and offices within the Department, in order to--
(1) encourage the use of enterprise software and
information technology solutions where such solutions exist
or can be developed in a timeframe and manner consistent with
maintaining and enhancing the continuity and improvement of
Department operations;
(2) increase the bargaining power of the Department in
acquiring information technology solutions across the
Department;
(3) reduce the number of redundant Authorities to Operate
(ATO), which, instead of using one ATO-approved platform
across bureaus, requires multiple ATOs for software use cases
across different bureaus;
(4) enhance the efficiency, reduce redundancy, and increase
interoperability of the use of information technology across
the enterprise of the Department;
(5) enhance training and alignment of information
technology personnel with the skills required to maintain
systems across the Department;
(6) reduce costs related to the maintenance of, or
effectuate the retirement of, legacy systems;
(7) ensure the development and maintenance of security
protocols regarding the use of information technology
solutions and software across the Department; and
(8) improve end-user training on the operation of
information technology solutions and to enhance end-user
cybersecurity practices.
(b) Strategy and Implementation Plan Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer of
the Department shall develop, in consultation with relevant
bureaus and offices as appropriate, a strategy and a 5-year
implementation plan to advance the objectives described in
subsection (a).
(2) Consultation.--No later than one year after the date of
the enactment of this Act, the Chief Information Officer
shall submit the strategy required by this subsection to the
appropriate congressional committees and shall consult with
the appropriate congressional committees, not less than on an
annual basis for 5 years, regarding the progress related to
the implementation plan required by this subjection.
(c) Improvement Plan for the Bureau for Information
Resources Management.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer
shall develop policies and protocols to improve the customer
service orientation, quality and timely delivery of
information technology solutions, and training and support
for bureau and office-level information technology officers.
(2) Survey.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for five
years, the Chief Information Officer shall undertake a client
satisfaction survey of bureau information technology officers
to obtain feedback on metrics related to--
(A) customer service orientation of the Bureau of
Information Resources Management;
(B) quality and timelines of capabilities delivered;
(C) maintenance and upkeep of information technology
solutions;
(D) training and support for senior bureau and office-level
information technology officers; and
(E) other matters which the Chief Information Officer, in
consultation with client bureaus and offices, determine
appropriate.
(3) Submission of findings.--Not later than 60 days after
completing each survey required under paragraph (2), the
Chief Information Officer shall submit a summary of the
findings to the appropriate congressional committees.
(d) Significant Expenditure Defined.--For purposes of this
section, the term ``significant expenditure'' means any
cumulative expenditure in excess of $250,000 total in a
single fiscal year for a new unclassified software or
information technology capability.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to alter the authorities of the United States Office of
Management and Budget, Office of the National Cyber Director,
the Department of Homeland Security, or the Cybersecurity and
Infrastructure Security Agency with respect to Federal
information systems; or
(2) to alter the responsibilities and authorities of the
Chief Information Officer of the Department of State as
described in titles 40 or 44, United States Code, or any
other law defining or assigning responsibilities or
authorities to Federal Chief Information Officers.
SEC. 6305. SENSE OF CONGRESS ON STRENGTHENING ENTERPRISE
GOVERNANCE.
It is the sense of Congress that in order to modernize the
Department, enterprise-wide governance regarding budget and
finance, information technology, and the creation, analysis,
and use of data across the Department is necessary to better
align resources to strategy, including evaluating trade-offs,
and to enhance efficiency and security in using data and
technology as tools to inform and evaluate the conduct of
United States foreign policy.
SEC. 6306. DIGITAL CONNECTIVITY AND CYBERSECURITY
PARTNERSHIP.
(a) Digital Connectivity and Cybersecurity Partnership.--
The Secretary is authorized to establish a program, which may
be known as the ``Digital Connectivity and Cybersecurity
Partnership'', to help foreign countries--
(1) expand and increase secure internet access and digital
infrastructure in emerging markets, including demand for and
availability of high-quality information and communications
technology (ICT) equipment, software, and services;
(2) protect technological assets, including data;
(3) adopt policies and regulatory positions that foster and
encourage open, interoperable, reliable, and secure internet,
the free flow of data, multi-stakeholder models of internet
governance, and pro-competitive and secure ICT policies and
regulations;
(4) access United States exports of ICT goods and services;
(5) expand interoperability and promote the diversification
of ICT goods and supply chain services to be less reliant on
PRC imports;
(6) promote best practices and common standards for a
national approach to cybersecurity; and
(7) advance other priorities consistent with paragraphs (1)
through (6), as determined by the Secretary.
(b) Use of Funds.--Funds made available to carry out this
section may be used to strengthen civilian cybersecurity and
information and communications technology capacity, including
participation of foreign law enforcement and military
personnel in non-military activities, notwithstanding any
other provision of law, provided that such support is
essential to enabling civilian and law enforcement of
cybersecurity and information and communication technology
related activities in their respective countries.
(c) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees an implementation
plan for the coming year to advance the goals identified in
subsection (a).
(d) Consultation.--In developing and operationalizing the
implementation plan required under subsection (c), the
Secretary shall consult with--
(1) the appropriate congressional committees, the Committee
on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives;
(2) United States industry leaders;
(3) other relevant technology experts, including the Open
Technology Fund;
(4) representatives from relevant United States Government
agencies; and
(5) representatives from like-minded allies and partners.
(e) Authorization of Appropriations.--There is authorized
to be appropriated $100,000,000 for each of fiscal years 2024
through 2028 to carry out this section. Such funds, including
funds authorized to be appropriated under the heading
``Economic Support Fund'', may be made available,
notwithstanding any other provision of law to strengthen
civilian cybersecurity and information and communications
technology capacity, including for participation of foreign
law enforcement and military personnel in non-military
activities, and for contributions. Such funds shall remain
available until expended.
SEC. 6307. ESTABLISHMENT OF A CYBERSPACE, DIGITAL
CONNECTIVITY, AND RELATED TECHNOLOGIES (CDT)
FUND.
Part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2301 et seq.) is amended by adding at the end the following
new chapter:
``CHAPTER 10--CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED
TECHNOLOGIES (CDT) FUND
``SEC. 591. FINDINGS.
``Congress makes the following findings:
``(1) Increasingly digitized and interconnected social,
political, and economic systems have introduced new
vulnerabilities for malicious actors to exploit, which
threatens economic and national security.
``(2) The rapid development, deployment, and integration of
information and communication technologies into all aspects
of modern life bring mounting risks of accidents and
malicious activity involving such technologies, and their
potential consequences.
``(3) Because information and communication technologies
are globally manufactured, traded, and networked, the
economic and national security of the United State depends
greatly on cybersecurity practices of other actors, including
other countries.
``(4) United States assistance to countries and
international organizations to bolster civilian capacity to
address national cybersecurity and deterrence in cyberspace
can help--
``(A) reduce vulnerability in the information and
communication technologies ecosystem; and
``(B) advance national and economic security objectives.
[[Page S4155]]
``SEC. 592. AUTHORIZATION OF ASSISTANCE AND FUNDING FOR
CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED
TECHNOLOGIES (CDT) CAPACITY BUILDING
ACTIVITIES.
``(a) Authorization.--The Secretary of State is authorized
to provide assistance to foreign governments and
organizations, including national, regional, and
international institutions, on such terms and conditions as
the Secretary may determine, in order to--
``(1) advance a secure and stable cyberspace;
``(2) protect and expand trusted digital ecosystems and
connectivity;
``(3) build the cybersecurity capacity of partner countries
and organizations; and
``(4) ensure that the development of standards and the
deployment and use of technology supports and reinforces
human rights and democratic values, including through the
Digital Connectivity and Cybersecurity Partnership.
``(b) Scope of Uses.--Assistance under this section may
include programs to--
``(1) advance the adoption and deployment of secure and
trustworthy information and communications technology (ICT)
infrastructure and services, including efforts to grow global
markets for secure ICT goods and services and promote a more
diverse and resilient ICT supply chain;
``(2) provide technical and capacity building assistance
to--
``(A) promote policy and regulatory frameworks that create
an enabling environment for digital connectivity and a
vibrant digital economy;
``(B) ensure technologies, including related new and
emerging technologies, are developed, deployed, and used in
ways that support and reinforce democratic values and human
rights;
``(C) promote innovation and competition; and
``(D) support digital governance with the development of
rights-respecting international norms and standards;
``(3) help countries prepare for, defend against, and
respond to malicious cyber activities, including through--
``(A) the adoption of cybersecurity best practices;
``(B) the development of national strategies to enhance
cybersecurity;
``(C) the deployment of cybersecurity tools and services to
increase the security, strength, and resilience of networks
and infrastructure;
``(D) support for the development of cybersecurity watch,
warning, response, and recovery capabilities, including
through the development of cybersecurity incident response
teams;
``(E) support for collaboration with the Cybersecurity and
Infrastructure Security Agency (CISA) and other relevant
Federal agencies to enhance cybersecurity;
``(F) programs to strengthen allied and partner
governments' capacity to detect, investigate, deter, and
prosecute cybercrimes;
``(G) programs to provide information and resources to
diplomats engaging in discussions and negotiations around
international law and capacity building measures related to
cybersecurity;
``(H) capacity building for cybersecurity partners,
including law enforcement and military entities as described
in subsection (f);
``(I) programs that enhance the ability of relevant
stakeholders to act collectively against shared cybersecurity
threats;
``(J) the advancement of programs in support of the
Framework of Responsible State Behavior in Cyberspace; and
``(K) the fortification of deterrence instruments in
cyberspace; and
``(4) such other purpose and functions as the Secretary of
State may designate.
``(c) Responsibility for Policy Decisions and
Justification.--The Secretary of State shall be responsible
for policy decisions regarding programs under this chapter,
with respect to--
``(1) whether there will be cybersecurity and digital
capacity building programs for a foreign country or entity
operating in that country;
``(2) the amount of funds for each foreign country or
entity; and
``(3) the scope and nature of such uses of funding.
``(d) Detailed Justification for Uses and Purposes of
Funds.--The Secretary of State shall provide, on an annual
basis, a detailed justification for the uses and purposes of
the amounts provided under this chapter, including
information concerning--
``(1) the amounts and kinds of grants;
``(2) the amounts and kinds of budgetary support provided,
if any; and
``(3) the amounts and kinds of project assistance provided
for what purpose and with such amounts.
``(e) Assistance and Funding Under Other Authorities.--The
authority granted under this section to provide assistance or
funding for countries and organizations does not preclude the
use of funds provided to carry out other authorities also
available for such purpose.
``(f) Availability of Funds.--Amounts appropriated to carry
out this chapter may be used, notwithstanding any other
provision of law, to strengthen civilian cybersecurity and
information and communications technology capacity, including
participation of foreign law enforcement and military
personnel in non-military activities, provided that such
support is essential to enabling civilian and law enforcement
of cybersecurity and information and communication technology
related activities in their respective countries.
``(g) Notification Requirements.--Funds made available
under this section shall be obligated in accordance with the
procedures applicable to reprogramming notifications pursuant
to section 634A of this Act.
``SEC. 593. REVIEW OF EMERGENCY ASSISTANCE CAPACITY.
``(a) In General.--The Secretary of State, in consultation
as appropriate with other relevant Federal departments and
agencies is authorized to conduct a review that--
``(1) analyzes the United States Government's capacity to
promptly and effectively deliver emergency support to
countries experiencing major cybersecurity and ICT incidents;
``(2) identifies relevant factors constraining the support
referred to in paragraph (1); and
``(3) develops a strategy to improve coordination among
relevant Federal agencies and to resolve such constraints.
``(b) Report.--Not later than one year after the date of
the enactment of this chapter, the Secretary of State shall
submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that contains the results of the review
conducted pursuant to subsection (a).
``SEC. 594. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $150,000,000
during the 5-year period beginning on October 1, 2023, to
carry out the purposes of this chapter.''.
SEC. 6308. CYBER PROTECTION SUPPORT FOR PERSONNEL OF THE
DEPARTMENT OF STATE IN POSITIONS HIGHLY
VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) At-risk personnel.--The term ``at-risk personnel''
means personnel of the Department--
(A) whom the Secretary determines to be highly vulnerable
to cyber attacks and hostile information collection
activities because of their positions in the Department; and
(B) whose personal technology devices or personal accounts
are highly vulnerable to cyber attacks and hostile
information collection activities.
(2) Personal accounts.--The term ``personal accounts''
means accounts for online and telecommunications services,
including telephone, residential internet access, email, text
and multimedia messaging, cloud computing, social media,
health care, and financial services, used by personnel of the
Department outside of the scope of their employment with the
Department.
(3) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by
personnel of the Department outside of the scope of their
employment with the Department, including networks to which
such devices connect.
(b) Requirement to Provide Cyber Protection Support.--The
Secretary, in consultation with the Secretary of Homeland
Security and the Director of National Intelligence, as
appropriate--
(1) shall offer cyber protection support for the personal
technology devices and personal accounts of at-risk
personnel; and
(2) may provide the support described in paragraph (1) to
any Department personnel who request such support.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support
provided to personnel pursuant to subsection (b) may include
training, advice, assistance, and other services relating to
protection against cyber attacks and hostile information
collection activities.
(d) Privacy Protections for Personal Devices.--The
Department is prohibited pursuant to this section from
accessing or retrieving any information from any personal
technology device or personal account of Department employees
unless--
(1) access or information retrieval is necessary for
carrying out the cyber protection support specified in this
section; and
(2) the Department has received explicit consent from the
employee to access a personal technology device or personal
account prior to each time such device or account is
accessed.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to encourage Department personnel to use personal
technology devices for official business; or
(2) to authorize cyber protection support for senior
Department personnel using personal devices, networks, and
personal accounts in an official capacity.
(f) 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 regarding the
provision of cyber protection support pursuant to subsection
(b), which shall include--
(1) a description of the methodology used to make the
determination under subsection (a)(1); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support pursuant to subsection (b).
[[Page S4156]]
TITLE LXIV--ORGANIZATION AND OPERATIONS
SEC. 6401. PERSONAL SERVICES CONTRACTORS.
(a) Exigent Circumstances and Crisis Response.--To assist
the Department in addressing and responding to exigent
circumstances and urgent crises abroad, the Department is
authorized to employ, domestically and abroad, a limited
number of personal services contractors in order to meet
exigent needs, subject to the requirements of this section.
(b) Authority.--The authority to employ personal services
contractors is in addition to any existing authorities to
enter into personal services contracts and authority provided
in the Afghanistan Supplemental Appropriations Act, 2022
(division C of Public Law 117-43).
(c) Employing and Allocation of Personnel.--To meet the
needs described in subsection (a) and subject to the
requirements in subsection (d), the Department may--
(1) enter into contracts to employ a total of up to 100
personal services contractors at any given time for each of
fiscal years 2024, 2025, and 2026; and
(2) allocate up to 20 personal services contractors to a
given bureau, without regard to the sources of funding such
office relies on to compensate individuals.
(d) Limitation.--Employment authorized by this section
shall not exceed two calendar years.
(e) Notification and Reporting to Congress.--
(1) Notification.--Not later than 15 days after the use of
authority under this section, the Secretary shall notify the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives of the number
of personal services contractors being employed, the expected
length of employment, the relevant bureau, the purpose for
using personal services contractors, and the justification,
including the exigent circumstances requiring such use.
(2) Annual reporting.--Not later than 60 days after the end
of each fiscal year, the Department 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
describing the number of personal services contractors
employed pursuant to this section for the prior fiscal year,
the length of employment, the relevant bureau by which they
were employed pursuant to this section, the purpose for using
personal services contractors, disaggregated demographic data
of such contractors, and the justification for the
employment, including the exigent circumstances.
SEC. 6402. HARD-TO-FILL POSTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the number of hard-to-fill vacancies at United States
diplomatic missions is far too high, particularly in Sub-
Saharan Africa;
(2) these vacancies--
(A) adversely impact the Department's execution of regional
strategies;
(B) hinder the ability of the United States to effectively
compete with strategic competitors, such as the People's
Republic of China and the Russian Federation; and
(C) present a clear national security risk to the United
States; and
(3) if the Department is unable to incentivize officers to
accept hard-to-fill positions, the Department should consider
directed assignments, particularly for posts in Africa, and
other means to more effectively advance the national
interests of the United States.
(b) Report on Development of Incentives for Hard-to-fill
Posts.--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 on efforts to
develop new incentives for hard-to-fill positions at United
States diplomatic missions. The report shall include a
description of the incentives developed to date and proposals
to try to more effectively fill hard-to-fill posts.
(c) Study on Feasibility of Allowing Non-Consular Foreign
Service Officers Given Directed Consular Posts to Volunteer
for Hard-to-fill Posts in Understaffed Regions.--
(1) Study.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall conduct a
study on--
(i) the number of Foreign Service positions vacant for six
months or longer at overseas posts, including for consular,
political, and economic positions, over the last five years,
broken down by region, and a comparison of the proportion of
vacancies between regions; and
(ii) the feasibility of allowing first-tour Foreign Service
generalists in non-Consular cones, directed for a consular
tour, to volunteer for reassignment at hard-to-fill posts in
understaffed regions.
(B) Matters to be considered.--The study conducted under
subparagraph (A) shall consider whether allowing first-tour
Foreign Service generalists to volunteer as described in such
subparagraph would address current vacancies and what impact
the new mechanism would have on consular operations.
(2) Report.--Not later than 60 days after completing the
study required under paragraph (1), the Secretary shall
submit to the appropriate congressional committees a report
containing the findings of the study.
SEC. 6403. ENHANCED OVERSIGHT OF THE OFFICE OF CIVIL RIGHTS.
(a) Report With Recommendations and Management Structure.--
Not later than 270 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report with any recommendations
for the long-term structure and management of the Office of
Civil Rights (OCR), including--
(1) an assessment of the strengths and weaknesses of OCR's
investigative processes and procedures;
(2) any changes made within OCR to its investigative
processes to improve the integrity and thoroughness of its
investigations; and
(3) any recommendations to improve the management
structure, investigative process, and oversight of the
Office.
SEC. 6404. CRISIS RESPONSE OPERATIONS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall institute the
following changes and ensure that the following elements have
been integrated into the ongoing crisis response management
and response by the Crisis Management and Strategy Office:
(1) The Department's crisis response planning and
operations shall conduct, maintain, and update on a regular
basis contingency plans for posts and regions experiencing or
vulnerable to conflict or emergency conditions, including
armed conflict, national disasters, significant political or
military upheaval, and emergency evacuations.
(2) The Department's crisis response efforts shall be led
by an individual with significant experience responding to
prior crises, who shall be so designated by the Secretary.
(3) The Department's crisis response efforts shall provide
at least quarterly updates to the Secretary and other
relevant senior officials, including a plan and schedule to
develop contingency planning for identified posts and regions
consistent with paragraph (1).
(4) The decision to develop contingency planning for any
particular post or region shall be made independent of any
regional bureau.
(5) The crisis response team shall develop and maintain
best practices for evacuations, closures, and emergency
conditions.
(b) Update.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
the next five years, the Secretary shall submit to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives an update
outlining the steps taken to implement this section, along
with any other recommendations to improve the Department's
crisis management and response operations.
(2) Contents.--Each update submitted pursuant to paragraph
(1) should include--
(A) a list of the posts whose contingency plans, including
any noncombatant evacuation contingencies, has been reviewed
and updated as appropriate during the preceding 180 days; and
(B) an assessment of the Secretary's confidence that each
post--
(i) has continuously reached out to United States persons
in country to maintain and update contact information for as
many such persons as practicable; and
(ii) is prepared to communicate with such persons in an
emergency or crisis situation.
(3) Form.--Each update submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 6405. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States must increase its diplomatic activity
and presence in the Pacific, particularly among Pacific
Island nations; and
(2) the Special Envoy to the Pacific Islands Forum--
(A) should advance the United States partnership with
Pacific Island Forum nations and with the organization itself
on key issues of importance to the Pacific region; and
(B) should coordinate policies across the Pacific region
with like-minded democracies.
(b) Appointment of Special Envoy to the Pacific Islands
Forum.--Section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a), as amended by section 6304, is
further amended by adding at the end the following new
subsection:
``(o) Special Envoy to the Pacific Islands Forum.--
``(1) Appointment.--The President shall appoint, by and
with the advice and consent of the Senate, a qualified
individual to serve as Special Envoy to the Pacific Islands
Forum (referred to in this section as the `Special Envoy').
``(2) Considerations.--
``(A) Selection.--The Special Envoy shall be--
``(i) a United States Ambassador to a country that is a
member of the Pacific Islands Forum; or
``(ii) a qualified individual who is not described in
clause (i).
``(B) Limitations.--If the President appoints an Ambassador
to a country that is a member of the Pacific Islands Forum to
serve concurrently as the Special Envoy to the Pacific
Islands Forum, such Ambassador--
[[Page S4157]]
``(i) may not begin service as the Special Envoy until he
or she has been confirmed by the Senate for an ambassadorship
to a country that is a member of the Pacific Islands Forum;
and
``(ii) shall not receive additional compensation for his or
her service as Special Envoy.
``(3) Duties.--The Special Envoy shall--
``(A) represent the United States in its role as dialogue
partner to the Pacific Islands Forum; and
``(B) carry out such other duties as the President or the
Secretary of State may prescribe.''.
(c) 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 describes how
the Department will increase its ability to recruit and
retain highly-qualified ambassadors, special envoys, and
other senior personnel in posts in Pacific island countries
as the Department expands its diplomatic footprint throughout
the region.
SEC. 6406. SPECIAL ENVOY FOR BELARUS.
(a) Special Envoy.--The President shall appoint a Special
Envoy for Belarus within the Department (referred to in this
section as the ``Special Envoy''). The Special Envoy should
be a person of recognized distinction in the field of
European security, geopolitics, democracy and human rights,
and may be a career Foreign Service officer.
(b) Central Objective.--The central objective of the
Special Envoy is to coordinate and promote efforts--
(1) to improve respect for the fundamental human rights of
the people of Belarus;
(2) to sustain focus on the national security implications
of Belarus's political and military alignment for the United
States; and
(3) to respond to the political, economic, and security
impacts of events in Belarus upon neighboring countries and
the wider region.
(c) Duties and Responsibilities.--The Special Envoy shall--
(1) engage in discussions with Belarusian officials
regarding human rights, political, economic and security
issues in Belarus;
(2) support international efforts to promote human rights
and political freedoms in Belarus, including coordination and
dialogue between the United States and the United Nations,
the Organization for Security and Cooperation in Europe, the
European Union, Belarus, and the other countries in Eastern
Europe;
(3) consult with nongovernmental organizations that have
attempted to address human rights and political and economic
instability in Belarus;
(4) make recommendations regarding the funding of
activities promoting human rights, democracy, the rule of
law, and the development of a market economy in Belarus;
(5) review strategies for improving protection of human
rights in Belarus, including technical training and exchange
programs;
(6) develop an action plan for holding to account the
perpetrators of the human rights violations documented in the
United Nations High Commissioner for Human Rights report on
the situation of human rights in Belarus in the run-up to the
2020 presidential election and its aftermath (Human Rights
Council Resolution 49/36);
(7) engage with member countries of the North Atlantic
Treaty Organization, the Organization for Security and
Cooperation in Europe and the European Union with respect to
the implications of Belarus's political and security
alignment for transatlantic security; and
(8) work within the Department and among partnering
countries to sustain focus on the political situation in
Belarus.
(d) Role.--The position of Special Envoy--
(1) shall be a full-time position;
(2) may not be combined with any other position within the
Department;
(3) shall only exist as long as United States diplomatic
operations in Belarus at United States Embassy Minsk have
been suspended; and
(4) shall oversee the operations and personnel of the
Belarus Affairs Unit.
(e) Report on Activities.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary, in
consultation with the Special Envoy, shall submit a report to
the appropriate congressional committees that describes the
activities undertaken pursuant to subsection (c) during the
reporting period.
(f) Sunset.--The position of Special Envoy for Belarus
Affairs and the authorities provided by this section shall
terminate 5 years after the date of the enactment of this
Act.
SEC. 6407. OVERSEAS PLACEMENT OF SPECIAL APPOINTMENT
POSITIONS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report on current special
appointment positions at United States diplomatic missions
that do not exercise significant authority, and all positions
under schedule B or schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations, at United States
diplomatic missions. The report shall include the title and
responsibilities of each position, the expected duration of
the position, the name of the individual currently appointed
to the position, and the hiring authority utilized to fill
the position.
SEC. 6408. RESOURCES FOR UNITED STATES NATIONALS UNLAWFULLY
OR WRONGFULLY DETAINED ABROAD.
Section 302(d) of the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act (22 U.S.C. 1741(d)) is
amended--
(1) in the subsection heading, by striking ``Resource
Guidance'' and inserting ``Resources for United States
Nationals Unlawfully or Wrongfully Detained Abroad'';
(2) in paragraph (1), by striking the paragraph heading and
all that follows through ``Not later than'' and inserting the
following:
``(1) Resource guidance.--
``(A) In general.--Not later than'';
(3) in paragraph (2), by redesignating subparagraphs (A),
(B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv),
and (v), respectively, and moving such clauses (as so
redesignated) 2 ems to the right;
(4) by redesignating paragraph (2) as subparagraph (B) and
moving such subparagraph (as so redesignated) 2 ems to the
right;
(5) in subparagraph (B), as redesignated by paragraph (4),
by striking ``paragraph (1)'' and inserting ``subparagraph
(A)''; and
(6) by adding at the end the following:
``(2) Travel assistance.--
``(A) Family advocacy.--For the purpose of facilitating
meetings between the United States Government and the family
members of United States nationals unlawfully or wrongfully
detained abroad, the Secretary shall provide financial
assistance to cover the costs of travel to Washington, D.C.,
including travel by air, train, bus, or other transit as
appropriate, to any individual who--
``(i) is--
``(I) a family member of a United States national
unlawfully or wrongfully detained abroad as determined by the
Secretary under subsection (a); or
``(II) an appropriate individual who--
``(aa) is approved by the Special Presidential Envoy for
Hostage Affairs; and
``(bb) does not represent in any legal capacity a United
States national unlawfully or wrongfully detained abroad or
the family of such United States national;
``(ii) has a permanent address that is more than 50 miles
from Washington, D.C.; and
``(iii) requests such assistance.
``(B) Travel and lodging.--
``(i) In general.--For each such United States national
unlawfully or wrongfully detained abroad, the financial
assistance described in subparagraph (A) shall be provided
for not more than 2 trips per fiscal year, unless the Special
Presidential Envoy for Hostage Affairs determines that a
third trip is warranted.
``(ii) Limitations.--Any trip described in clause (i)
shall--
``(I) consist of not more than 2 family members or other
individuals approved in accordance with subparagraph
(A)(i)(II), unless the Special Presidential Envoy for Hostage
Affairs determines that circumstances warrant an additional
family member or other individual approved in accordance with
subparagraph (A)(i)(II) and approves assistance to such third
family member or other individual; and
``(II) not exceed more than 2 nights lodging, which shall
not exceed the applicable government rate.
``(C) Return travel.--If other United States Government
assistance is unavailable, the Secretary may provide to a
United States national unlawfully or wrongfully detained
abroad as determined by the Secretary under subsection (a),
compensation and assistance, as necessary, for return travel
to the United States upon release of such United States
national.
``(3) Support.--The Secretary shall seek to make available
operational psychologists and clinical social workers, to
support the mental health and well-being of--
``(A) any United States national unlawfully or wrongfully
detained abroad; and
``(B) any family member of such United States national,
with regard to the psychological, social, and mental health
effects of such unlawful or wrongful detention.
``(4) Notification requirement.--The Secretary shall notify
the Committee on Foreign Relations of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committees on Appropriations of the Senate and the
House of Representatives of any amount spent above $250,000
for any fiscal year to carry out paragraphs (2) and (3).
``(5) Report.--Not later than 90 days after the end of each
fiscal year, the Secretary shall submit to the Committees on
Foreign Relations and Appropriations of the Senate and the
Committee on Foreign Affairs and Appropriations of the House
of Representatives a report that includes--
``(A) a detailed description of expenditures made pursuant
to paragraphs (2) and (3);
``(B) a detailed description of support provided pursuant
to paragraph (3) and the individuals providing such support;
and
``(C) the number and location of visits outside of
Washington, D.C., during the prior fiscal year made by the
Special Presidential Envoy for Hostage Affairs to family
members of each United States national unlawfully or
wrongfully detained abroad.
``(6) Sunset.--The authority and requirements under
paragraphs (2), (3), (4), and (5) shall terminate on December
31, 2027.
``(7) Family member defined.--In this subsection, the term
`family member' means a spouse, father, mother, child,
brother, sister, grandparent, grandchild, aunt, uncle,
nephew, niece, cousin, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-
[[Page S4158]]
law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, or half
sister.''.
TITLE LXV--ECONOMIC DIPLOMACY
SEC. 6501. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION OF
FOREIGN SERVICE ECONOMIC OFFICERS.
(a) In General.--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 regarding
the recruitment, retention, and promotion of economic
officers in the Foreign Service.
(b) Elements.--The report required under subsection (b)
shall include--
(1) an overview of the key challenges the Department faces
in--
(A) recruiting individuals to serve as economic officers in
the Foreign Service; and
(B) retaining individuals serving as economic officers in
the Foreign Service, particularly at the level of GS-14 of
the General Schedule and higher;
(2) an overview of the key challenges in recruiting and
retaining qualified individuals to serve in economic
positions in the Civil Service;
(3) a comparison of promotion rates for economic officers
in the Foreign Service relative to other officers in the
Foreign Service;
(4) a summary of the educational history and training of
current economic officers in the Foreign Service and Civil
Service officers serving in economic positions;
(5) the identification, disaggregated by region, of hard-
to-fill posts and proposed incentives to improve staffing of
economic officers in the Foreign Service at such posts;
(6) a summary and analysis of the factors that lead to the
promotion of--
(A) economic officers in the Foreign Service; and
(B) individuals serving in economic positions in the Civil
Service; and
(7) a summary and analysis of current Department-funded or
run training opportunities and externally-funded programs,
including the Secretary's Leadership Seminar at Harvard
Business School, for--
(A) economic officers in the Foreign Service; and
(B) individuals serving in economic positions in the Civil
Service.
SEC. 6502. MANDATE TO REVISE DEPARTMENT OF STATE METRICS FOR
SUCCESSFUL ECONOMIC AND COMMERCIAL DIPLOMACY.
(a) Mandate to Revise Department of State Performance
Measures for Economic and Commercial Diplomacy.--The
Secretary shall, as part of the Department's next regularly
scheduled review on metrics and performance measures, include
revisions of Department performance measures for economic and
commercial diplomacy, by identifying outcome-oriented, and
not process-oriented, performance metrics, including metrics
that--
(1) measure how Department efforts advanced specific
economic and commercial objectives and led to successes for
the United States or other private sector actors overseas;
and
(2) focus on customer satisfaction with Department services
and assistance.
(b) Plan for Ensuring Complete Data for Performance
Measures.--As part of the review required under subsection
(a), the Secretary shall include a plan for ensuring that--
(1) the Department, both at its main headquarters and at
domestic and overseas posts, maintains and fully updates data
on performance measures; and
(2) Department leadership and the appropriate congressional
committees can evaluate the extent to which the Department is
advancing United States economic and commercial interests
abroad through meeting performance targets.
(c) Report on Private Sector Surveys.--The Secretary shall
prepare a report that lists and describes all the methods
through which the Department conducts surveys of the private
sector to measure private sector satisfaction with assistance
and services provided by the Department to advance private
sector economic and commercial goals in foreign markets.
(d) Report.--Not later than 90 days after conducting the
review pursuant to subsection (a), the Secretary shall submit
to the appropriate congressional committees--
(1) the revised performance metrics required under
subsection (a); and
(2) the report required under subsection (c).
SEC. 6503. CHIEF OF MISSION ECONOMIC RESPONSIBILITIES.
Section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) is amended by adding at the end the following:
``(e) Embassy Economic Team.--
``(1) Coordination and supervision.--Each chief of mission
shall coordinate and supervise the implementation of all
United States economic policy interests within the host
country in which the diplomatic mission is located, among all
United States Government departments and agencies present in
such country.
``(2) Accountability.--The chief of mission is responsible
for the performance of the diplomatic mission in advancing
United States economic policy interests within the host
country.
``(3) Mission economic team.--The chief of mission shall
designate appropriate embassy staff to form a mission
economic team that--
``(A) monitors notable economic, commercial, and
investment-related developments in the host country; and
``(B) develops plans and strategies for advancing United
States economic and commercial interests in the host country,
including--
``(i) tracking legislative, regulatory, judicial, and
policy developments that could affect United States economic,
commercial, and investment interests;
``(ii) advocating for best practices with respect to policy
and regulatory developments;
``(iii) conducting regular analyses of market systems,
trends, prospects, and opportunities for value-addition,
including risk assessments and constraints analyses of key
sectors and of United States strategic competitiveness, and
other reporting on commercial opportunities and investment
climate; and
``(iv) providing recommendations for responding to
developments that may adversely affect United States economic
and commercial interests.''.
SEC. 6504. DIRECTION TO EMBASSY DEAL TEAMS.
(a) Purposes.--The purposes of deal teams at United States
embassies and consulates are--
(1) to promote a private sector-led approach--
(A) to advance economic growth and job creation that is
tailored, as appropriate, to specific economic sectors; and
(B) to advance strategic partnerships;
(2) to prioritize efforts--
(A) to identify commercial and investment opportunities;
(B) to advocate for improvements in the business and
investment climate;
(C) to engage and consult with private sector partners; and
(D) to report on the activities described in subparagraphs
(A) through (C), in accordance with the applicable
requirements under sections 706 and 707 of the Championing
American Business Through Diplomacy Act of 2019 (22 U.S.C.
9902 and 9903);
(3)(A)(i) to identify trade and investment opportunities
for United States companies in foreign markets; or
(ii) to assist with existing trade and investment
opportunities already identified by United States companies;
and
(B) to deploy United States Government economic and other
tools to help such United States companies to secure their
objectives;
(4) to identify and facilitate opportunities for entities
in a host country to increase exports to, or investment in,
the United States in order to grow two-way trade and
investment;
(5) to modernize, streamline, and improve access to
resources and services designed to promote increased trade
and investment opportunities;
(6) to identify and secure United States or allied
government support of strategic projects, such as ports,
railways, energy production and distribution, critical
minerals development, telecommunications networks, and other
critical infrastructure projects vulnerable to predatory
investment by an authoritarian country or entity in such
country where support or investment serves an important
United States interest;
(7) to coordinate across the Unites States Government to
ensure the appropriate and most effective use of United
States Government tools to support United States economic,
commercial, and investment objectives; and
(8) to coordinate with the multi-agency DC Central Deal
Team, established in February 2020, on the matters described
in paragraphs (1) through (7) and other relevant matters.
(b) Clarification.--A deal team may be composed of the
personnel comprising the mission economic team formed
pursuant to section 207(e)(3) of the Foreign Service Act of
1980, as added by section 6503.
(c) Restrictions.--A deal team may not provide support for,
or assist a United States person with a transaction
involving, a government, or an entity owned or controlled by
a government, if the Secretary determines that such
government--
(1) has repeatedly provided support for acts of
international terrorism, as described in--
(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (subtitle B of title XVII of Public Law 115-232);
(B) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other relevant provision of law; or
(2) has engaged in an activity that would trigger a
restriction under section 116(a) or 502B(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or
any other relevant provision of law.
(d) Further Restrictions.--
(1) Prohibition on support of sanctioned persons.--Deal
teams may not carry out activities prohibited under United
States sanctions laws or regulations, including dealings with
persons on the list of specially designated persons and
blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury, except to the
extent otherwise authorized by the Secretary of the Treasury
or the Secretary.
(2) Prohibition on support of activities subject to
sanctions.--Any person receiving support from a deal team
must be in compliance with all United States sanctions laws
and regulations as a condition for receiving such assistance.
(e) Chief of Mission Authority and Accountability.--The
chief of mission to a foreign country--
[[Page S4159]]
(1) is the designated leader of a deal team in such
country; and
(2) shall be held accountable for the performance and
effectiveness of United States deal teams in such country.
(f) Guidance Cable.--The Department shall send out regular
guidance on Deal Team efforts by an All Diplomatic and
Consular Posts (referred to in this section as ``ALDAC'')
that--
(1) describes the role of deal teams; and
(2) includes relevant and up-to-date information to enhance
the effectiveness of deal teams in a country.
(g) Confidentiality of Information.--
(1) In general.--In preparing the cable required under
subsection (f), the Secretary shall protect from disclosure
any proprietary information of a United States person marked
as business confidential information unless the person
submitting such information--
(A) had notice, at the time of submission, that such
information would be released by; or
(B) subsequently consents to the release of such
information.
(2) Treatment as trade secrets.--Proprietary information
obtained by the United States Government from a United States
person pursuant to the activities of deal teams shall be--
(A) considered to be trade secrets and commercial or
financial information (as such terms are used under section
552b(c)(4) of title 5, United States Code); and
(B) exempt from disclosure without the express approval of
the person.
(h) Sunset.--The requirements under subsections (f) through
(h) shall terminate on the date that is 5 years after the
date of the enactment of this Act.
SEC. 6505. ESTABLISHMENT OF A ``DEAL TEAM OF THE YEAR''
AWARD.
(a) Establishment.--The Secretary shall establish a new
award, to be known as the ``Deal Team of the Year Award'',
and annually present the award to a deal team at one United
States mission in each region to recognize outstanding
achievements in supporting a United States company or
companies pursuing commercial deals abroad or in identifying
new deal prospects for United States companies.
(b) Award Content.--
(1) Department of state.--Each member of a deal team
receiving an award pursuant to subsection (a) shall receive a
certificate that is signed by the Secretary and--
(A) in the case of a member of the Foreign Service, is
included in the next employee evaluation report; or
(B) in the case of a Civil Service employee, is included in
the next annual performance review.
(2) Other federal agencies.--If an award is presented
pursuant to subsection (a) to a Federal Government employee
who is not employed by the Department, the employing agency
may determine whether to provide such employee any
recognition or benefits in addition to the recognition or
benefits provided by the Department.
(c) Eligibility.--Any interagency economics team at a
United States overseas mission under chief of mission
authority that assists United States companies with
identifying, navigating, and securing trade and investment
opportunities in a foreign country or that facilitates
beneficial foreign investment into the United States is
eligible for an award under this section.
(d) Report.--Not later than the last day of the fiscal year
in which awards are presented pursuant to subsection (a), the
Secretary shall submit a report to the appropriate
congressional committees that includes--
(1) each mission receiving a Deal Team of the Year Award.
(2) the names and agencies of each awardee within the
recipient deal teams; and
(3) a detailed description of the reason such deal teams
received such award.
TITLE LXVI--PUBLIC DIPLOMACY
SEC. 6601. PUBLIC DIPLOMACY OUTREACH.
(a) Coordination of Resources.--The Administrator of the
United States Agency for International Development and the
Secretary shall direct public affairs sections at United
States embassies and USAID Mission Program Officers at USAID
missions to coordinate, enhance and prioritize resources for
public diplomacy and awareness campaigns around United States
diplomatic and development efforts, including through--
(1) the utilization of new media technology for maximum
public engagement; and
(2) enact coordinated comprehensive community outreach to
increase public awareness and understanding and appreciation
of United States diplomatic and development efforts.
(b) Development Outreach and Coordination Officers.--USAID
should prioritize hiring of additional Development Outreach
and Coordination officers in USAID missions to support the
purposes of subsection (a).
(c) Best Practices.--The Secretary and the Administrator of
USAID shall identify 10 countries in which Embassies and
USAID missions have successfully executed efforts, including
monitoring and evaluation of such efforts, described in (a)
and develop best practices to be turned into Department and
USAID guidance.
SEC. 6602. MODIFICATION ON USE OF FUNDS FOR RADIO FREE
EUROPE/RADIO LIBERTY.
In section 308(h) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(h)) is amended--
(1) by striking subparagraphs (1), (3), and (5); and
(2) by redesignating paragraphs (2) and (4) as paragraphs
(1) and (2), respectively.
SEC. 6603. INTERNATIONAL BROADCASTING.
(a) Voice of America.--Section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) is
amended by adding at the end the following:
``(d) Voice of America Operations and Structure.--
``(1) Operations.--The Director of the Voice of America
(VOA)--
``(A) shall direct and supervise the operations of VOA,
including making all major decisions relating its staffing;
and
``(B) may utilize any authorities made available to the
United States Agency for Global Media or to its Chief
Executive Officer under this Act or under any other Act to
carry out its operations in an effective manner.
``(2) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of VOA shall submit to
the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Foreign Affairs and the Committee on
Homeland Security of the House of Representatives a plan to
ensure that the personnel structure of VOA is sufficient to
effectively carry out the principles described in subsection
(c).''.
(b) Appointment of Chief Executive Officer.--Section 304 of
such Act (22 U.S.C. 6203) is amended--
(1) in subsection (a), by striking ``as an entity described
in section 104 of title 5, United States Code'' and inserting
``under the direction of the International Broadcasting
Advisory Board''; and
(2) in subsection (b)(1), by striking the second sentence
and inserting the following: ``Notwithstanding any other
provision of law, when a vacancy arises, until such time as a
Chief Executive Officer, to whom sections 3345 through 3349b
of title 5, United States Code, shall not apply, is appointed
and confirmed by the Senate, an acting Chief Executive
Officer shall be appointed by the International Broadcasting
Advisory Board and shall continue to serve and exercise the
authorities and powers under this title as the sole means of
filling such vacancy, for the duration of the vacancy. In the
absence of a quorum on the International Broadcasting
Advisory Board, the first principal deputy of the United
States Agency for Global Media shall serve as acting Chief
Executive Officer.''.
(c) Chief Executive Officer Authorities.--Section 305(a)(1)
of such Act (22 U.S.C. 6204(a)(1)) is amended by striking
``To supervise all'' and inserting ``To oversee, coordinate,
and provide strategic direction for''.
(d) International Broadcasting Advisory Board.--Section
306(a) of such Act (22 U.S.C. 6205(a)) is amended by striking
``advise the Chief Executive Officer of'' and inserting
``oversee and advise the Chief Executive Officer and''.
(e) Radio Free Africa; Radio Free Americas.--Not later than
180 days after the date of the enactment of this Act, the
Chief Executive Officer of the United States Agency for
Global Media 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 details
the financial and other resources that would be required to
establish and operate 2 nonprofit organizations, modeled
after Radio Free Europe/Radio Liberty and Radio Free Asia,
for the purposes of providing accurate, uncensored, and
reliable news and information to--
(1) the region of Africa, with respect to Radio Free
Africa; and
(2) the region of Latin America and the Caribbean, with
respect to Radio Free Americas.
SEC. 6604. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.
(a) In General.--The Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by
adding at the end the following:
``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.
``(a) Establishment.--There is established the John Lewis
Civil Rights Fellowship Program (referred to in this section
as the `Fellowship Program') within the J. William Fulbright
Educational Exchange Program.
``(b) Purposes.--The purposes of the Fellowship Program
are--
``(1) to honor the legacy of Representative John Lewis by
promoting a greater understanding of the history and tenets
of nonviolent civil rights movements; and
``(2) to advance foreign policy priorities of the United
States by promoting studies, research, and international
exchange in the subject of nonviolent movements that
established and protected civil rights around the world.
``(c) Administration.--The Bureau of Educational and
Cultural Affairs (referred to in this section as the
`Bureau') shall administer the Fellowship Program in
accordance with policy guidelines established by the Board,
in consultation with the binational Fulbright Commissions and
United States Embassies.
``(d) Selection of Fellows.--
``(1) In general.--The Board shall annually select
qualified individuals to participate in the Fellowship
Program. The Bureau may determine the number of fellows
selected
[[Page S4160]]
each year, which, whenever feasible, shall be not fewer than
25.
``(2) Outreach.--
``(A) In general.--To the extent practicable, the Bureau
shall conduct outreach at institutions, including--
``(i) minority serving institutions, including historically
Black colleges and universities; and
``(ii) other appropriate institutions, as determined by the
Bureau.
``(B) Definitions.--In this paragraph:
``(i) Historically black college and university.--The term
`historically Black college and university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(ii) Minority serving institution.--The term `minority-
serving institution' means an eligible institution under
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(e) Fellowship Orientation.--Annually, the Bureau shall
organize and administer a fellowship orientation, which
shall--
``(1) be held in Washington, D.C., or at another location
selected by the Bureau; and
``(2) include programming to honor the legacy of
Representative John Lewis.
``(f) Structure.--
``(1) Work plan.--To carry out the purposes described in
subsection (b)--
``(A) each fellow selected pursuant to subsection (d) shall
arrange an internship or research placement--
``(i) with a nongovernmental organization, academic
institution, or other organization approved by the Bureau;
and
``(ii) in a country with an operational Fulbright U.S.
Student Program; and
``(B) the Bureau shall, for each fellow, approve a work
plan that identifies the target objectives for the fellow,
including specific duties and responsibilities relating to
those objectives.
``(2) Conferences; presentations.--Each fellow shall--
``(A) attend a fellowship orientation organized and
administered by the Bureau under subsection (e);
``(B) not later than the date that is 1 year after the end
of the fellowship period, attend a fellowship summit
organized and administered by the Bureau, which--
``(i) whenever feasible, shall be held in Atlanta, Georgia,
or another location of importance to the civil rights
movement in the United States; and
``(ii) may coincide with other events facilitated by the
Bureau; and
``(C) at such summit, give a presentation on lessons
learned during the period of fellowship.
``(3) Fellowship period.--Each fellowship under this
section shall continue for a period determined by the Bureau,
which, whenever feasible, shall be not fewer than 10 months.
``(g) Fellowship Award.--The Bureau shall provide each
fellow under this section with an allowance that is equal to
the amount needed for--
``(1) the reasonable costs of the fellow during the
fellowship period; and
``(2) travel and lodging expenses related to attending the
orientation and summit required under subsection (e)(2).
``(h) Annual Report.--Not later than 1 year after the date
of the completion of the Fellowship Program by the initial
cohort of fellows selected under subsection (d), and annually
thereafter, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the implementation of the Fellowship Program,
including--
``(1) a description of the demographics of the cohort of
fellows who completed a fellowship during the preceding 1-
year period;
``(2) a description of internship and research placements,
and research projects selected by such cohort, under the
Fellowship Program, including feedback from--
``(A) such cohort on implementation of the Fellowship
Program; and
``(B) the Secretary on lessons learned; and
``(3) an analysis of trends relating to the diversity of
each cohort of fellows and the topics of projects completed
since the establishment of the Fellowship Program.''.
(b) Technical and Conforming Amendments to the Mutual
Educational and Cultural Exchange Act of 1961.--Section
112(a) of the Mutual Educational and Cultural Exchange Act of
1961 ( 22 U.S.C. 2460(a)) is amended--
(1) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(10) the John Lewis Civil Rights Fellowship Program
established under section 115, which provides funding for
international internships and research placements for early-
to mid-career individuals from the United States to study
nonviolent civil rights movements in self-arranged placements
with universities or nongovernmental organizations in foreign
countries.''.
SEC. 6605. DOMESTIC ENGAGEMENT AND PUBLIC AFFAIRS.
(a) Strategy Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
develop a strategy to explain to the American people the
value of the work of the Department and United States foreign
policy to advancing the national security of the United
States. The strategy shall include--
(1) tools to inform the American people about the non-
partisan importance of United States diplomacy and foreign
relations and to utilize public diplomacy to meet the United
States' national security priorities;
(2) efforts to reach the widest possible audience of
Americans, including those who historically have not had
exposure to United States foreign policy efforts and
priorities;
(3) additional staffing and resource needs including--
(A) domestic positions within the Bureau of Global Public
Affairs to focus on engagement with the American people as
outlined in paragraph (1);
(B) positions within the Bureau of Educational and Cultural
Affairs to enhance program and reach the widest possible
audience;
(C) increasing the number of fellowship and detail programs
that place Foreign Service and civil service employees
outside the Department for a limited time, including Pearson
Fellows, Reta Joe Lewis Local Diplomats, Brookings Fellows,
and Georgetown Fellows; and
(D) recommendations for increasing participation in the
Hometown Diplomats program and evaluating this program as
well as other opportunities for Department officers to engage
with American audiences while traveling within the United
States.
SEC. 6606. EXTENSION OF GLOBAL ENGAGEMENT CENTER.
Section 1287(j) of the National Defense Authorization Act
for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended by
striking ``on the date that is 8 years after the date of the
enactment of this Act'' and inserting ``on September 30,
2026''.
SEC. 6607. PAPERWORK REDUCTION ACT.
Section 5603(d) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) is amended by adding
at the end the following new paragraph:
``(4) United States Information and Educational Exchange
Act of 1948 (Public Law 80-402).''.
SEC. 6608. MODERNIZATION AND ENHANCEMENT STRATEGY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit a strategy to the
appropriate congressional committees for--
(1) modernizing and increasing the operational and
programming capacity of American Spaces and American Corners
throughout the world, including by leveraging public-private
partnerships;
(2) providing salaries to locally employed staff of
American Spaces and American Corners; and
(3) providing opportunities for United States businesses
and nongovernmental organizations to better utilize American
Spaces.
TITLE LXVII--OTHER MATTERS
SEC. 6701. INTERNSHIPS OF UNITED STATES NATIONALS AT
INTERNATIONAL ORGANIZATIONS.
(a) In General.--The Secretary of State is authorized to
bolster efforts to increase the number of United States
citizens representative of the American people occupying
positions in the United Nations system, agencies, and
commissions, and in other international organizations,
including by awarding grants to educational institutions and
students.
(b) 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 congressional committees that
identifies--
(1) the number of United States citizens who are involved
in internship programs at international organizations;
(2) the distribution of the individuals described in
paragraph (1) among various international organizations; and
(3) grants, programs, and other activities that are being
utilized to recruit and fund United States citizens to
participate in internship programs at international
organizations.
(c) Eligibility.--An individual referred to in subsection
(a) is an individual who--
(1) is enrolled at or received their degree within two
years from--
(A) an institution of higher education; or
(B) an institution of higher education based outside the
United States, as determined by the Secretary of State; and
(2) is a citizen of the United States.
(d) Authorization of Appropriations.--There is authorized
to be appropriated $1,500,000 for the Department of State for
fiscal year 2024 to carry out the grant program authorized
under subsection (a).
SEC. 6702. TRAINING FOR INTERNATIONAL ORGANIZATIONS.
(a) Training Programs.--Section 708 of the Foreign Service
Act of 1980 (22 U.S.C. 4028) is amended by adding at the end
of the following new subsection:
``(e) Training in Multilateral Diplomacy.--
``(1) In general.--The Secretary, in consultation with
other senior officials as appropriate, shall establish
training courses on--
``(A) the conduct of diplomacy at international
organizations and other multilateral institutions; and
``(B) broad-based multilateral negotiations of
international instruments.
``(2) Required training.--Members of the Service, including
appropriate chiefs of mission and other officers who are
assigned to United States missions representing the
[[Page S4161]]
United States to international organizations and other
multilateral institutions or who are assigned in other
positions that have as their primary responsibility
formulation of policy related to such organizations and
institutions, or participation in negotiations of
international instruments, shall receive specialized training
in the areas described in paragraph (1) prior to the
beginning of service for such assignment or, if receiving
such training at that time is not practical, within the first
year of beginning such assignment.''.
(b) Training for Department Employees.--The Secretary of
State shall ensure that employees of the Department of State
who are assigned to positions described in paragraph (2) of
subsection (e) of section 708 of the Foreign Service Act of
1980 (as added by subsection (a) of this section), including
members of the civil service or general service, or who are
seconded to international organizations for a period of at
least one year, receive training described in such subsection
and participate in other such courses as the Secretary may
recommend to build or augment identifiable skills that would
be useful for such Department officials representing United
States interests at these institutions and organizations.
SEC. 6703. MODIFICATION TO TRANSPARENCY ON INTERNATIONAL
AGREEMENTS AND NON-BINDING INSTRUMENTS.
Section 112b of title 1, United States Code, as most
recently amended by section 5947 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 3476), is further amended--
(1) by redesignating subsections (h) through (l) as
subsections (i) through (m), respectively; and
(2) by inserting after subsection (g) the following:
``(h)(1) If the Secretary is aware or has reason to believe
that the requirements of subsection (a), (b), or (c) have not
been fulfilled with respect to an international agreement or
qualifying non-binding instrument, the Secretary shall--
``(A) immediately bring the matter to the attention of the
office or agency responsible for the agreement or qualifying
non-binding instrument; and
``(B) request the office or agency to provide within 7 days
the text or other information necessary to fulfill the
requirements of the relevant subsection.
``(2) Upon receiving the text or other information
requested pursuant to paragraph (1), the Secretary shall--
``(A) fulfill the requirements of subsection (a), (b), or
(c), as the case may be, with respect to the agreement or
qualifying non-binding instrument concerned--
``(i) by including such text or other information in the
next submission required by subsection (a)(1);
``(ii) by providing such information in writing to the
Majority Leader of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, and the
appropriate congressional committees before provision of the
submission described in clause (i); or
``(iii) in relation to subsection (b), by making the text
of the agreement or qualifying non-binding instrument and the
information described in subparagraphs (A)(iii) and (B)(iii)
of subsection (a)(1) relating to the agreement or instrument
available to the public on the website of the Department of
State within 15 days of receiving the text or other
information requested pursuant to paragraph (1); and
``(B) provide to the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional
committees, either in the next submission required by
subsection (a)(1) or before such submission, a written
statement explaining the reason for the delay in fulfilling
the requirements of subsection (a), (b), or (c), as the case
may be.''.
SEC. 6704. REPORT ON PARTNER FORCES UTILIZING UNITED STATES
SECURITY ASSISTANCE IDENTIFIED AS USING HUNGER
AS A WEAPON OF WAR.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States recognizes the link between armed
conflict and conflict-induced food insecurity;
(2) Congress recognizes and condemns the role of nefarious
security actors, including state and non-state armed groups,
who have utilized hunger as a weapon of war, including
through the unanimous adoption of House of Representatives
Resolution 922 and Senate Resolution 669 relating to
``[c]ondemning the use of hunger as a weapon of war and
recognizing the effect of conflict on global food security
and famine''; and
(3) the United States should use the diplomatic and
humanitarian tools at our disposal to not only fight global
hunger, mitigate the spread of conflict, and promote
critical, lifesaving assistance, but also hold perpetrators
using hunger as a weapon of war to account.
(b) Definitions.--In this paragraph:
(1) Hunger as a weapon of war.--The term ``hunger as a
weapon of war'' means--
(A) intentional starvation of civilians;
(B) intentional and reckless destruction, removal, looting,
or rendering useless objects necessary for food production
and distribution, such as farmland, markets, mills, food
processing and storage facilities, food stuffs, crops,
livestock, agricultural assets, waterways, water systems,
drinking water facilities and supplies, and irrigation
networks;
(C) undue denial of humanitarian access and deprivation of
objects indispensable to people's survival, such as food
supplies and nutrition resources; and
(D) willful interruption of market systems for populations
in need, including through the prevention of travel and
manipulation of currency exchange.
(2) Security assistance.--The term ``security assistance''
means assistance meeting the definition of ``security
assistance'' under section 502B of the Foreign Assistance Act
of 1961 (22 U.S.C. 2304).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with
the Administrator of the United States Agency for
International Development, and the Secretary of Defense shall
submit a report to the appropriate congressional committees,
the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives
regarding--
(1) United States-funded security assistance and
cooperation; and
(2) whether the governments and entities receiving such
assistance have or are currently using hunger as a weapon of
war.
(d) Elements.--The report required under subsection (c)
shall--
(1) identify countries receiving United States-funded
security assistance or participating in security programs and
activities, including in coordination with the Department of
Defense, that are currently experiencing famine-like
conditions as a result of conflict;
(2) describe the actors and actions taken by such actors in
the countries identified pursuant to paragraph (1) who are
utilizing hunger as a weapon of war; and
(3) describe any current or existing plans to continue
providing United States-funded security assistance to
recipient countries.
(e) Form.--The report required under subsection (c) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 6705. INFRASTRUCTURE PROJECTS AND INVESTMENTS BY THE
UNITED STATES AND PEOPLE'S REPUBLIC OF CHINA.
Not later than 1 year after the date of the enactment of
this Act, the Secretary, in coordination with the
Administrator of the United States Agency for International
Development and the Chief Executive Officer of the
Development Finance Corporation, 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
regarding the opportunities and costs of infrastructure
projects in Middle East, African, and Latin American and
Caribbean countries, which shall--
(1) describe the nature and total funding of United States
infrastructure investments and construction in Middle East,
African, and Latin American and Caribbean countries, and that
of United States allies and partners in the same regions;
(2) describe the nature and total funding of infrastructure
investments and construction by the People's Republic of
China in Middle East, African, and Latin American and
Caribbean countries;
(3) assess the national security threats posed by the
infrastructure investment gap between the People's Republic
of China and the United States and United States allies and
partners, including--
(A) infrastructure, such as ports;
(B) access to critical and strategic minerals;
(C) digital and telecommunication infrastructure;
(D) threats to supply chains; and
(E) general favorability towards the People's Republic of
China and the United States and United States' allies and
partners among Middle East, African, and Latin American and
Caribbean countries;
(4) assess the opportunities and challenges for companies
based in the United States to invest in infrastructure
projects in Middle East, African, and Latin American and
Caribbean countries;
(5) describe options for the United States Government to
undertake to increase support for United States businesses
engaged in large-scale infrastructure projects in Middle
East, African, and Latin American and Caribbean countries;
and
(6) identify regional infrastructure priorities, ranked
according to United States national interests, in Middle
East, African, and Latin American and Caribbean countries.
SEC. 6706. SPECIAL ENVOYS.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall conduct a review
of all special envoy positions to determine--
(1) which special envoy positions are needed to accomplish
the mission of the Department;
(2) which special envoy positions could be absorbed into
the Department's existing bureau structure;
(3) which special envoy positions were established by an
Act of Congress; and
(4) which special envoy positions were created by the
Executive Branch without explicit congressional approval.
(b) Report.--Not later than 60 days after the completion of
the review required under subsection (a), the Secretary shall
submit a report to the appropriate congressional committees
that includes--
(1) a list of every special envoy position in the
Department;
[[Page S4162]]
(2) a detailed justification of the need for each special
envoy, if warranted;
(3) a list of the special envoy positions that could be
absorbed into the Department's existing bureau structure
without compromising the mission of the Department;
(4) a list of the special envoy positions that were created
by an Act of Congress; and
(5) a list of the special envoy positions that are not
expressly authorized by statute.
SEC. 6707. US-ASEAN CENTER.
(a) Defined Term.--In this section, the term ``ASEAN''
means the Association of Southeast Asian Nations.
(b) Establishment.--The Secretary is authorized to enter
into a public-private partnership for the purposes of
establishing a US-ASEAN Center in the United States to
support United States economic and cultural engagement with
Southeast Asia.
(c) Functions.--Notwithstanding any other provision of law,
the US-ASEAN Center established pursuant to subsection (b)
may--
(1) provide grants for research to support and elevate the
importance of the US-ASEAN partnership;
(2) facilitate activities to strengthen US-ASEAN trade and
investment;
(3) expand economic and technological relationships between
ASEAN countries and the United States into new areas of
cooperation;
(4) provide training to United States citizens and citizens
of ASEAN countries that improve people-to-people ties;
(5) develop educational programs to increase awareness for
the United States and ASEAN countries on the importance of
relations between the United States and ASEAN countries; and
(6) carry out other activities the Secretary considers
necessary to strengthen ties between the United States and
ASEAN countries and achieve the objectives of the US-ASEAN
Center.
SEC. 6708. BRIEFINGS ON THE UNITED STATES-EUROPEAN UNION
TRADE AND TECHNOLOGY COUNCIL.
It is the sense of Congress that the United States-European
Union Trade and Technology Council is an important forum for
the United States and in the European Union to engage on
transatlantic trade, investment, and engagement on matters
related to critical and emerging technology and that the
Department should provide regular updates to the appropriate
congressional committees on the deliverables and policy
initiatives announced at United States-European Union Trade
and Technology Council ministerials
SEC. 6709. MODIFICATION AND REPEAL OF REPORTS.
(a) Country Reports on Human Rights Practices.--
(1) In general.--The Secretary shall examine the production
of the 2023 and subsequent annual Country Reports on Human
Rights Practices by the Assistant Secretary for Democracy,
Human Rights, and Labor as required under sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d), 2304(b)) to maximize--
(A) cost and personnel efficiencies;
(B) the potential use of data and analytic tools and
visualization; and
(C) advancement of the modernization agenda for the
Department announced by the Secretary on October 27, 2021.
(2) Transnational repression amendments to annual country
reports on human rights practices.--Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is
amended by adding at the end the following new paragraph:
``(13) Wherever applicable, a description of the nature and
extent of acts of transnational repression that occurred
during the preceding year, including identification of--
``(A) incidents in which a government harassed,
intimidated, or killed individuals outside of their
internationally recognized borders and the patterns of such
repression among repeat offenders;
``(B) countries in which such transnational repression
occurs and the role of the governments of such countries in
enabling, preventing, mitigating, and responding to such
acts;
``(C) the tactics used by the governments of countries
identified pursuant to subparagraph (A), including the
actions identified and any new techniques observed;
``(D) in the case of digital surveillance and harassment,
the type of technology or platform, including social media,
smart city technology, health tracking systems, general
surveillance technology, and data access, transfer, and
storage procedures, used by the governments of countries
identified pursuant to subparagraph (A) for such actions; and
``(E) groups and types of individuals targeted by acts of
transnational repression in each country in which such acts
occur.''.
(b) Elimination of Obsolete Reports.--
(1) Annual reports relating to funding mechanisms for
telecommunications security and semiconductors.--Division H
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
is amended--
(A) in section 9202(a)(2) (47 U.S.C. 906(a)(2))--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraph (D) as subparagraph (C);
and
(B) in section 9905 (15 U.S.C. 4655)--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as subsection (c).
(2) Reports relating to foreign assistance to counter
russian influence and media organizations controlled by
russia.--The Countering Russian Influence in Europe and
Eurasia Act of 2017 (title II of Public Law 115-44) is
amended--
(A) in section 254(e)--
(i) in paragraph (1)--
(I) by striking ``In general.--'';
(II) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively, and moving such
paragraphs 2 ems to the left; and
(ii) by striking paragraph (2); and
(B) by striking section 255.
(3) Annual report on promoting the rule of law in the
russian federation.--Section 202 of the Russia and Moldova
Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012 (Public Law 112-208) is amended by
striking subsection (a).
(4) Annual report on advancing freedom and democracy.--
Section 2121 of the Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2007
(title XXI of Public Law 110-53) is amended by striking
subsection (c).
(5) Annual reports on united states-vietnam human rights
dialogue meetings.--Section 702 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n note) is
repealed.
SEC. 6710. MODIFICATION OF BUILD ACT OF 2018 TO PRIORITIZE
PROJECTS THAT ADVANCE NATIONAL SECURITY.
Section 1412 of the Build Act of 2018 (22 U.S.C. 9612) is
amended by adding at the end the following subsection:
``(d) Prioritization of National Security Interests.--The
Corporation shall prioritize the provision of support under
title II in projects that advance core national security
interests of the United States with respect to the People's
Republic of China.''.
SEC. 6711. PERMITTING FOR INTERNATIONAL BRIDGES.
The International Bridge Act of 1972 (33 U.S.C. 535 et
seq.) is amended by inserting after section 5 the following:
``SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES.
``(a) Definitions.--In this section:
``(1) Eligible applicant.--The term `eligible applicant'
means an entity that has submitted an application for a
Presidential permit during the period beginning on December
1, 2020, and ending on December 31, 2024, for any of the
following:
``(A) 1 or more international bridges in Webb County,
Texas.
``(B) An international bridge in Cameron County, Texas.
``(C) An international bridge in Maverick County, Texas.
``(2) Presidential permit.--
``(A) In general.--The term `Presidential permit' means--
``(i) an approval by the President to construct, maintain,
and operate an international bridge under section 4; or
``(ii) an approval by the President to construct, maintain,
and operate an international bridge pursuant to a process
described in Executive Order 13867 (84 Fed. Reg. 15491;
relating to Issuance of Permits With Respect to Facilities
and Land Transportation Crossings at the International
Boundaries of the United States) (or any successor Executive
Order).
``(B) Inclusion.--The term `Presidential permit' includes
an amendment to an approval described in clause (i) or (ii)
of subparagraph (A).
``(3) Secretary.--The term `Secretary' means the Secretary
of State.
``(b) Application.--An eligible applicant for a
Presidential permit to construct, maintain, and operate an
international bridge shall submit an application for the
permit to the Secretary.
``(c) Recommendation.--
``(1) In general.--Not later than 60 days after the date on
which the Secretary receives an application under subsection
(b), the Secretary shall make a recommendation to the
President--
``(A) to grant the Presidential permit; or
``(B) to deny the Presidential permit.
``(2) Consideration.--The sole basis for a recommendation
under paragraph (1) shall be whether the international bridge
is in the foreign policy interests of the United States.
``(d) Presidential Action.--
``(1) In general.--The President shall grant or deny the
Presidential permit for an application under subsection (b)
by not later than 60 days after the earlier of--
``(A) the date on which the Secretary makes a
recommendation under subsection (c)(1); and
``(B) the date on which the Secretary is required to make a
recommendation under subsection (c)(1).
``(2) No action.--
``(A) In general.--Subject to subparagraph (B), if the
President does not grant or deny the Presidential permit for
an application under subsection (b) by the deadline described
in paragraph (1), the Presidential permit shall be considered
to have been granted as of that deadline.
``(B) Requirement.--As a condition on a Presidential permit
considered to be granted under subparagraph (A), the eligible
applicant shall complete all applicable environmental
documents required pursuant to Public Law 91-190 (42 U.S.C.
4321 et seq.).
``(e) Document Requirements.--Notwithstanding any other
provision of law, the Secretary shall not require an eligible
applicant for a Presidential permit--
[[Page S4163]]
``(1) to include in the application under subsection (b)
environmental documents prepared pursuant to Public Law 91-
190 (42 U.S.C. 4321 et seq.); or
``(2) to have completed any environmental review under
Public Law 91-190 (42 U.S.C. 4321 et seq.) prior to the
President granting a Presidential permit under subsection
(d).
``(f) Rules of Construction.--Nothing in this section--
``(1) prohibits the President from granting a Presidential
permit conditioned on the eligible applicant completing all
environmental documents pursuant to Public Law 91-190 (42
U.S.C. 4321 et seq.);
``(2) prohibits the Secretary from requesting a list of all
permits and approvals from Federal, State, and local agencies
that the eligible applicant believes are required in
connection with the international bridge, or a brief
description of how those permits and approvals will be
acquired; or
``(3) exempts an eligible applicant from the requirement to
complete all environmental documents pursuant to Public Law
91-190 (42 U.S.C. 4321 et seq.) prior to construction of an
international bridge.''.
TITLE LXVIII--AUKUS MATTERS
SEC. 6801. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) AUKUS partnership.--
(A) In general.--The term ``AUKUS partnership'' means the
enhanced trilateral security partnership between Australia,
the United Kingdom, and the United States announced in
September 2021.
(B) Pillars.--The AUKUS partnership includes the following
two pillars:
(i) Pillar One is focused on developing a pathway for
Australia to acquire conventionally armed, nuclear-powered
submarines.
(ii) Pillar Two is focused on enhancing trilateral
collaboration on advanced defense capabilities, including
hypersonic and counter hypersonic capabilities, quantum
technologies, undersea technologies, and artificial
intelligence.
(3) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means
subchapter M of chapter I of title 22, Code of Federal
Regulations (or successor regulations).
Subtitle A--Outlining the AUKUS Partnership
SEC. 6811. STATEMENT OF POLICY ON THE AUKUS PARTNERSHIP.
(a) Statement of Policy.--It is the policy of the United
States that--
(1) the AUKUS partnership is integral to United States
national security, increasing United States and allied
capability in the undersea domain of the Indo-Pacific, and
developing cutting edge military capabilities;
(2) the transfer of conventionally armed, nuclear-powered
submarines to Australia, if implemented appropriately, will
position the United States and its allies to maintain peace
and security in the Indo-Pacific;
(3) the transfer of conventionally armed, nuclear-powered
submarines to Australia will be safely implemented with the
highest nonproliferation standards in alignment with--
(A) safeguards established by the International Atomic
Energy Agency; and
(B) the Additional Protocol to the Agreement between
Australia and the International Atomic Energy Agency for the
application of safeguards in connection with the Treaty on
the Non-Proliferation of Nuclear Weapons, signed at Vienna
September 23, 1997;
(4) the United States will enter into a mutual defense
agreement with Australia, modeled on the 1958 bilateral
mutual defense agreement with the United Kingdom, for the
sole purpose of facilitating the transfer of naval nuclear
propulsion technology to Australia;
(5) working with the United Kingdom and Australia to
develop and provide joint advanced military capabilities to
promote security and stability in the Indo-Pacific will have
tangible impacts on United States military effectiveness
across the world;
(6) in order to better facilitate cooperation under Pillar
2 of the AUKUS partnership, it is imperative that every
effort be made to streamline United States export controls
consistent with necessary and reciprocal security safeguards
on United States technology at least comparable to those of
the United States;
(7) the trade authorization mechanism for the AUKUS
partnership administered by the Department is a critical
first step in reimagining the United States export control
system to carry out the AUKUS partnership and expedite
technology sharing and defense trade among the United States,
Australia, and the United Kingdom; and
(8) the vast majority of United States defense trade with
Australia is conducted through the Foreign Military Sales
(FMS) process, the preponderance of defense trade with the
United Kingdom is conducted through Direct Commercial Sales
(DCS), and efforts to streamline United States export
controls should focus on both Foreign Military Sales and
Direct Commercial Sales.
SEC. 6812. SENIOR ADVISOR FOR THE AUKUS PARTNERSHIP AT THE
DEPARTMENT OF STATE.
(a) In General.--There shall be a Senior Advisor for the
AUKUS partnership at the Department, who--
(1) shall report directly to the Secretary; and
(2) may not hold another position in the Department
concurrently while holding the position of Senior Advisor for
the AUKUS partnership.
(b) Duties.--The Senior Advisor shall--
(1) be responsible for coordinating efforts related to the
AUKUS partnership across the Department, including the
bureaus engaged in nonproliferation, defense trade, security
assistance, and diplomatic relations in the Indo-Pacific;
(2) serve as the lead within the Department for
implementation of the AUKUS partnership in interagency
processes, consulting with counterparts in the Department of
Defense, the Department of Commerce, the Department of
Energy, the Office of Naval Reactors, and any other relevant
agencies;
(3) lead diplomatic efforts related to the AUKUS
partnership with other governments to explain how the
partnership will enhance security and stability in the Indo-
Pacific; and
(4) consult regularly with the appropriate congressional
committees, and keep such committees fully and currently
informed, on issues related to the AUKUS partnership,
including in relation to the AUKUS Pillar 1 objective of
supporting Australia's acquisition of conventionally armed,
nuclear-powered submarines and the Pillar 2 objective of
jointly developing advanced military capabilities to support
security and stability in the Indo-Pacific, as affirmed by
the President of the United States, the Prime Minister of the
United Kingdom, and the Prime Minister of Australia on April
5, 2022.
(c) Personnel to Support the Senior Advisor.--The Secretary
shall ensure that the Senior Advisor is adequately staffed,
including through encouraging details, or assignment of
employees of the Department, with expertise related to the
implementation of the AUKUS partnership, including staff with
expertise in--
(1) nuclear policy, including nonproliferation;
(2) defense trade and security cooperation, including
security assistance; and
(3) relations with respect to political-military issues in
the Indo-Pacific and Europe.
(d) Notification.--Not later than 180 days after the date
of the enactment of this Act, and not later than 90 days
after a Senior Advisor assumes such position, the Secretary
shall notify the appropriate congressional committees of the
number of full-time equivalent positions, relevant expertise,
and duties of any employees of the Department or detailees
supporting the Senior Advisor.
(e) Sunset.--
(1) In general.--The position of the Senior Advisor for the
AUKUS partnership shall terminate on the date that is 8 years
after the date of the enactment of this Act.
(2) Renewal.--The Secretary may renew the position of the
Senior Advisor for the AUKUS partnership for 1 additional
period of 4 years, following notification to the appropriate
congressional committees of the renewal.
Subtitle B--Authorization for AUKUS Submarine Training
SEC. 6823. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES
SUBMARINE SECURITY TRAINING.
(a) In General.--The President may transfer or export
directly to private individuals in Australia defense services
that may be transferred to the Government of Australia under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) to
support the development of the submarine industrial base of
Australia necessary for submarine security activities between
Australia, the United Kingdom, and the United States,
including if such individuals are not officers, employees, or
agents of the Government of Australia.
(b) Security Controls.--
(1) In general.--Any defense service transferred or
exported under subsection (a) shall be subject to appropriate
security controls to ensure that any sensitive information
conveyed by such transfer or export is protected from
disclosure to persons unauthorized by the United States to
receive such information.
(2) Certification.--Not later than 30 days before the first
transfer or export of a defense service under subsection (a),
and annually thereafter, the President shall certify to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that the controls described in paragraph (1) will protect the
information described in such paragraph for the defense
services so transferred or exported.
(c) Application of Requirements for Retransfer and
Reexport.--Any person who receives any defense service
transferred or exported under subsection (a) may retransfer
or reexport such service to other persons only in accordance
with the requirements of the Arms Export Control Act (22
U.S.C. 2751 et seq.).
[[Page S4164]]
Subtitle C--Streamlining and Protecting Transfers of United States
Military Technology From Compromise
SEC. 6831. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN
FOREIGN MILITARY SALES AND DIRECT COMMERCIAL
SALES.
(a) In General.--The President shall institute policies and
procedures for letters of request from Australia and the
United Kingdom to transfer defense articles and services
under section 21 of the Arms Export Control Act (22 U.S.C.
2761) related to AUKUS to receive expedited consideration and
processing relative to all other letters of request other
than from Taiwan and Ukraine.
(b) Technology Transfer Policy for Australia, Canada, and
the United Kingdom.--
(1) In general.--The Secretary, in consultation with the
Secretary of Defense, shall create an anticipatory release
policy for the transfer of technologies described in
paragraph (2) to Australia, the United Kingdom, and Canada
through Foreign Military Sales and Direct Commercial Sales
that are not covered by an exemption under the International
Traffic in Arms Regulations.
(2) Capabilities described.--The capabilities described in
this paragraph are--
(A) Pillar One-related technologies associated with
submarine and associated combat systems; and
(B) Pillar Two-related technologies, including hypersonic
missiles, cyber capabilities, artificial intelligence,
quantum technologies, undersea capabilities, and other
advanced technologies.
(3) Expedited decision-making.--Review of a transfer under
the policy established under paragraph (1) shall be subject
to an expedited decision-making process.
(c) Interagency Policy and Guidance.--The Secretary and the
Secretary of Defense shall jointly review and update
interagency policies and implementation guidance related to
requests for Foreign Military Sales and Direct Commercial
Sales, including by incorporating the anticipatory release
provisions of this section.
SEC. 6832. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS,
TECHNOLOGIES, AND EQUIPMENT FOR SALE TO
AUSTRALIA AND THE UNITED KINGDOM THROUGH
FOREIGN MILITARY SALES AND DIRECT COMMERCIAL
SALES.
Not later than 90 days after the date of the enactment of
this Act, and on a biennial basis thereafter for 8 years, the
President shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report that includes a list of
advanced military platforms, technologies, and equipment that
are pre-cleared and prioritized for sale and release to
Australia, the United Kingdom and Canada through the Foreign
Military Sales and Direct Commercial Sales programs without
regard to whether a letter of request or license to purchase
such platforms, technologies, or equipment has been received
from any of such country. Each list may include items that
are not related to the AUKUS partnership but may not include
items that are not covered by an exemption under the
International Traffic in Arms Regulations except unmanned
aerial or hypersonic systems.
SEC. 6833. EXPORT CONTROL EXEMPTIONS AND STANDARDS.
(a) In General.--Section 38 of the Arms Export Control Act
of 1976 (22 U.S.C. 2778) is amended by adding at the end the
following new subsection:
``(l) AUKUS Defense Trade Cooperation.--
``(1) Exemption from licensing and approval requirements.--
Subject to paragraph (2) and notwithstanding any other
provision of this section, the Secretary of State may exempt
from the licensing or other approval requirements of this
section exports and transfers (including reexports,
retransfers, temporary imports, and brokering activities) of
defense articles and defense services between or among the
United States, the United Kingdom, and Australia that--
``(A) are not excluded by those countries;
``(B) are not referred to in subsection(j)(1)(C)(ii); and
``(C) involve only persons or entities that are approved
by--
``(i) the Secretary of State; and
``(ii) the Ministry of Defense, the Ministry of Foreign
Affairs, or other similar authority within those countries.
``(2) Limitation.--The authority provided in subparagraph
(1) shall not apply to any activity, including exports,
transfers, reexports, retransfers, temporary imports, or
brokering, of United States defense articles and defense
services involving any country or a person or entity of any
country other than the United States, the United Kingdom, and
Australia.''.
(b) Required Standards of Export Controls.--The Secretary
may only exercise the authority under subsection (l)(1) of
section 38 of the Arms Export Control Act of 1976, as added
by subsection (a) of this section, with respect to the United
Kingdom or Australia 30 days after the Secretary submits to
the appropriate congressional committees an unclassified
certification and detailed unclassified assessment (which may
include a classified annex) that the country concerned has
implemented standards for a system of export controls that
satisfies the elements of section 38(j)(2) of the Arms Export
Control Act (22 U.S.C. 2778(j)(2)) for United States-origin
defense articles and defense services, and for controlling
the provision of military training, that are comparable to
those standards administered by the United States in effect
on the date of the enactment of this Act.
(c) Certain Requirements Not Applicable.--
(1) In general.--Paragraphs (1), (2), and (3) of section
3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) shall
not apply to any export or transfer that is the subject of an
exemption under subsection (l)(1) of section 38 of the Arms
Export Control Act of 1976, as added by subsection (a) of
this section.
(2) Quarterly reports.--The Secretary shall--
(A) require all exports and transfers that would be subject
to the requirements of paragraphs (1), (2), and (3) of
section 3(d) of the Arms Export Control Act (22 U.S.C.
2753(d)) but for the application of subsection (l)(1) of
section 38 of the Arms Export Control Act of 1976, as added
by subsection (a) of this section, to be reported to the
Secretary; and
(B) submit such reports to the Committee on Foreign
Relations of the Senate and Committee on Foreign Affairs of
the House of Representatives on a quarterly basis.
(d) Sunset.--Any exemption under subsection (l)(1) of
section 38 of the Arms Export Control Act of 1976, as added
by subsection (a) of this section, shall terminate on the
date that is 15 years after the date of the enactment of this
Act. The Secretary of State may renew such exemption for 5
years upon a certification to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives that such exemption is in the
vital national interest of the United States with a detailed
justification for such certification.
(e) Reports.--
(1) Annual report.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter until no
exemptions under subsection (l)(1) of section 38 of the Arms
Export Control Act of 1976, as added by subsection (a) of
this section, remain in effect, the Secretary shall submit to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the operation of exemptions issued under such
subsection (l)(1), including whether any changes to such
exemptions are likely to be made in the coming year.
(B) Initial report.--The first report submitted under
subparagraph (A) shall also include an assessment of key
recommendations the United States Government has provided to
the Governments of Australia and the United Kingdom to revise
laws, regulations, and policies of such countries that are
required to implement the AUKUS partnership.
(2) Report on expedited review of export licenses for
exports of advanced technologies.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State, in coordination with the Secretary of Defense, shall
report on the practical application of a possible ``fast
track'' decision-making process for applications, classified
or unclassified, to export defense articles and defense
services to Australia, the United Kingdom, and Canada.
SEC. 6834. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS OF
ADVANCED TECHNOLOGIES TO AUSTRALIA, THE UNITED
KINGDOM, AND CANADA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Secretary of Defense, shall initiate a rulemaking to
establish an expedited decision-making process, classified or
unclassified, for applications to export to Australia, the
United Kingdom, and Canada commercial, advanced-technology
defense articles and defense services that are not covered by
an exemption under the International Traffic in Arms
Regulations.
(b) Eligibility.--To qualify for the expedited decision-
making process described in subsection (a), an application
shall be for an export of defense articles or defense
services that will take place wholly within or between the
physical territory of Australia, Canada, or the United
Kingdom and the United States and with governments or
corporate entities from such countries.
(c) Availability of Expedited Process.--The expedited
decision-making process described in subsection (a) shall be
available for both classified and unclassified items, and the
process must satisfy the following criteria to the extent
practicable:
(1) Any licensing application to export defense articles
and services that is related to a government to government
agreement must be approved, returned, or denied within 30
days of submission.
(2) For all other licensing requests, any review shall be
completed not later than 45 calendar days after the date of
application.
SEC. 6835. UNITED STATES MUNITIONS LIST.
(a) Exemption for the Governments of the United Kingdom and
Australia From Certification and Congressional Notification
Requirements Applicable to Certain Transfers.--Section
38(f)(3) of the Arms Export Control Act (22 U.S.C.
2778(f)(3)) is amended by inserting ``, the United Kingdom,
or Australia'' after ``Canada''.
(b) United States Munitions List Periodic Reviews.--
(1) In general.--The Secretary, acting through authority
delegated by the President to carry out periodic reviews of
items on the United States Munitions List under section 38(f)
of the Arms Export Control Act
[[Page S4165]]
(22 U.S.C. 2778(f)) and in coordination with the Secretary of
Defense, the Secretary of Energy, the Secretary of Commerce,
and the Director of the Office of Management and Budget,
shall carry out such reviews not less frequently than every 3
years.
(2) Scope.--The periodic reviews described in paragraph (1)
shall focus on matters including--
(A) interagency resources to address current threats faced
by the United States;
(B) the evolving technological and economic landscape;
(C) the widespread availability of certain technologies and
items on the United States Munitions List; and
(D) risks of misuse of United States-origin defense
articles.
(3) Consultation.--The Department of State may consult with
the Defense Trade Advisory Group (DTAG) and other interested
parties in conducting the periodic review described in
paragraph (1).
Subtitle D--Other AUKUS Matters
SEC. 6841. REPORTING RELATED TO THE AUKUS PARTNERSHIP.
(a) Report on Instruments.--
(1) In general.--Not later than 30 days after the
signature, conclusion, or other finalization of any non-
binding instrument related to the AUKUS partnership, the
President shall submit to the appropriate congressional
committees the text of such instrument.
(2) Non-duplication of efforts; rule of construction.--To
the extent the text of a non-binding instrument is submitted
to the appropriate congressional committees pursuant to
subsection (a), such text does not need to be submitted to
Congress pursuant to section 112b(a)(1)(A)(ii) of title 1,
United States Code, as amended by section 5947 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263; 136 Stat. 3476). Paragraph (1)
shall not be construed to relieve the executive branch of any
other requirement of section 112b of title 1, United States
Code, as amended so amended, or any other provision of law.
(3) Definitions.--In this section:
(A) In general.--The term ``text'', with respect to a non-
binding instrument, includes--
(i) any annex, appendix, codicil, side agreement, side
letter, or any document of similar purpose or function to the
aforementioned, regardless of the title of the document, that
is entered into contemporaneously and in conjunction with the
non-binding instrument; and
(ii) any implementing agreement or arrangement, or any
document of similar purpose or function to the
aforementioned, regardless of the title of the document, that
is entered into contemporaneously and in conjunction with the
non-binding instrument.
(B) Contemporaneously and in conjunction with.--As used in
subparagraph (A), the term ``contemporaneously and in
conjunction with''--
(i) shall be construed liberally; and
(ii) may not be interpreted to require any action to have
occurred simultaneously or on the same day.
(b) Report on AUKUS Partnership.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and biennially thereafter, the
Secretary, in coordination with the Secretary of Defense and
other appropriate heads of agencies, shall submit to the
appropriate congressional committees a report on the AUKUS
partnership.
(2) Elements.--Each report required under paragraph (1)
shall include the following elements:
(A) Strategy.--
(i) An identification of the defensive military capability
gaps and capacity shortfalls that the AUKUS partnership seeks
to offset.
(ii) An explanation of the total cost to the United States
associated with Pillar One of the AUKUS partnership.
(iii) A detailed explanation of how enhanced access to the
industrial base of Australia is contributing to strengthening
the United States strategic position in Asia.
(iv) A detailed explanation of the military and strategic
benefit provided by the improved access provided by naval
bases of Australia.
(v) A detailed assessment of how Australia's sovereign
conventionally armed nuclear attack submarines contribute to
United States defense and deterrence objectives in the Indo-
Pacific region.
(B) Implement the aukus partnership.--
(i) Progress made on achieving the Optimal Pathway
established for Australia's development of conventionally
armed, nuclear-powered submarines, including the following
elements:
(I) A description of progress made by Australia, the United
Kingdom, and the United States to conclude an Article 14
arrangement with the International Atomic Energy Agency.
(II) A description of the status of efforts of Australia,
the United Kingdom, and the United States to build the
supporting infrastructure to base conventionally armed,
nuclear-powered attack submarines.
(III) Updates on the efforts by Australia, the United
Kingdom, and the United States to train a workforce that can
build, sustain, and operate conventionally armed, nuclear-
powered attack submarines.
(IV) A description of progress in establishing submarine
support facilities capable of hosting rotational forces in
western Australia by 2027.
(V) A description of progress made in improving United
States submarine production capabilities that will enable the
United States to meet--
(aa) its objectives of providing up to five Virginia Class
submarines to Australia by the early to mid-2030's; and
(bb) United States submarine production requirements.
(ii) Progress made on Pillar Two of the AUKUS partnership,
including the following elements:
(I) An assessment of the efforts of Australia, the United
Kingdom, and the United States to enhance collaboration
across the following eight trilateral lines of effort:
(aa) Underseas capabilities.
(bb) Quantum technologies.
(cc) Artificial intelligence and autonomy.
(dd) Advanced cyber capabilities.
(ee) Hypersonic and counter-hypersonic capabilities.
(ff) Electronic warfare.
(gg) Innovation.
(hh) Information sharing.
(II) An assessment of any new lines of effort established.
DIVISION G--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Unidentified Anomalous
Phenomena Disclosure Act of 2023'' or the ``UAP Disclosure
Act of 2023''.
SEC. 9002. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) Findings and Declarations.--Congress finds and declares
the following:
(1) All Federal Government records related to unidentified
anomalous phenomena should be preserved and centralized for
historical and Federal Government purposes.
(2) All Federal Government records concerning unidentified
anomalous phenomena should carry a presumption of immediate
disclosure and all records should be eventually disclosed to
enable the public to become fully informed about the history
of the Federal Government's knowledge and involvement
surrounding unidentified anomalous phenomena.
(3) Legislation is necessary to create an enforceable,
independent, and accountable process for the public
disclosure of such records.
(4) Legislation is necessary because credible evidence and
testimony indicates that Federal Government unidentified
anomalous phenomena records exist that have not been
declassified or subject to mandatory declassification review
as set forth in Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security information) due in
part to exemptions under the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.), as well as an over-broad interpretation
of ``transclassified foreign nuclear information'', which is
also exempt from mandatory declassification, thereby
preventing public disclosure under existing provisions of
law.
(5) Legislation is necessary because section 552 of title
5, United States Code (commonly referred to as the ``Freedom
of Information Act''), as implemented by the Executive branch
of the Federal Government, has proven inadequate in achieving
the timely public disclosure of Government unidentified
anomalous phenomena records that are subject to mandatory
declassification review.
(6) Legislation is necessary to restore proper oversight
over unidentified anomalous phenomena records by elected
officials in both the executive and legislative branches of
the Federal Government that has otherwise been lacking as of
the enactment of this Act.
(7) Legislation is necessary to afford complete and timely
access to all knowledge gained by the Federal Government
concerning unidentified anomalous phenomena in furtherance of
comprehensive open scientific and technological research and
development essential to avoiding or mitigating potential
technological surprise in furtherance of urgent national
security concerns and the public interest.
(b) Purposes.--The purposes of this division are--
(1) to provide for the creation of the unidentified
anomalous phenomena Records Collection at the National
Archives and Records Administration; and
(2) to require the expeditious public transmission to the
Archivist and public disclosure of such records.
SEC. 9003. DEFINITIONS.
In this division:
(1) Archivist.--The term ``Archivist'' means the Archivist
of the United States.
(2) Close observer.--The term ``close observer'' means
anyone who has come into close proximity to unidentified
anomalous phenomena or non-human intelligence.
(3) Collection.--The term ``Collection'' means the
Unidentified Anomalous Phenomena Records Collection
established under section 9004.
(4) Controlled disclosure campaign plan.--The term
``Controlled Disclosure Campaign Plan'' means the Controlled
Disclosure Campaign Plan required by section 9009(c)(3).
(5) Controlling authority.--The term ``controlling
authority'' means any Federal, State, or local government
department, office, agency, committee, commission, commercial
company, academic institution, or private sector entity in
physical possession of technologies of unknown origin or
biological evidence of non-human intelligence.
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(6) Director.--The term ``Director'' means the Director of
the Office of Government Ethics.
(7) Executive agency.--The term ``Executive agency'' means
an Executive agency, as defined in subsection 552(f) of title
5, United States Code.
(8) Government office.--The term ``Government office''
means any department, office, agency, committee, or
commission of the Federal Government and any independent
office or agency without exception that has possession or
control, including via contract or other agreement, of
unidentified anomalous phenomena records.
(9) Identification aid.--The term ``identification aid''
means the written description prepared for each record, as
required in section 9004.
(10) Leadership of congress.--The term ``leadership of
Congress'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(11) Legacy program.--The term ``legacy program'' means all
Federal, State, and local government, commercial industry,
academic, and private sector endeavors to collect, exploit,
or reverse engineer technologies of unknown origin or examine
biological evidence of living or deceased non-human
intelligence that pre-dates the date of the enactment of this
Act.
(12) National archives.--The term ``National Archives''
means the National Archives and Records Administration and
all components thereof, including presidential archival
depositories established under section 2112 of title 44,
United States Code.
(13) Non-human intelligence.--The term ``non-human
intelligence'' means any sentient intelligent non-human
lifeform regardless of nature or ultimate origin that may be
presumed responsible for unidentified anomalous phenomena or
of which the Federal Government has become aware.
(14) Originating body.--The term ``originating body'' means
the Executive agency, Federal Government commission,
committee of Congress, or other Governmental entity that
created a record or particular information within a record.
(15) Prosaic attribution.--The term ``prosaic attribution''
means having a human (either foreign or domestic) origin and
operating according to current, proven, and generally
understood scientific and engineering principles and
established laws-of-nature and not attributable to non-human
intelligence.
(16) Public interest.--The term ``public interest'' means
the compelling interest in the prompt public disclosure of
unidentified anomalous phenomena records for historical and
Governmental purposes and for the purpose of fully informing
the people of the United States about the history of the
Federal Government's knowledge and involvement surrounding
unidentified anomalous phenomena.
(17) Record.--The term ``record'' includes a book, paper,
report, memorandum, directive, email, text, or other form of
communication, or map, photograph, sound or video recording,
machine-readable material, computerized, digitized, or
electronic information, including intelligence, surveillance,
reconnaissance, and target acquisition sensor data,
regardless of the medium on which it is stored, or other
documentary material, regardless of its physical form or
characteristics.
(18) Review board.--The term ``Review Board'' means the
Unidentified Anomalous Phenomena Records Review Board
established by section 9007.
(19) Technologies of unknown origin.--The term
``technologies of unknown origin'' means any materials or
meta-materials, ejecta, crash debris, mechanisms, machinery,
equipment, assemblies or sub-assemblies, engineering models
or processes, damaged or intact aerospace vehicles, and
damaged or intact ocean-surface and undersea craft associated
with unidentified anomalous phenomena or incorporating
science and technology that lacks prosaic attribution or
known means of human manufacture.
(20) Temporarily non-attributed objects.--
(A) In general.--The term ``temporarily non-attributed
objects'' means the class of objects that temporarily resist
prosaic attribution by the initial observer as a result of
environmental or system limitations associated with the
observation process that nevertheless ultimately have an
accepted human origin or known physical cause. Although some
unidentified anomalous phenomena may at first be interpreted
as temporarily non-attributed objects, they are not
temporarily non-attributed objects, and the two categories
are mutually exclusive.
(B) Inclusion.--The term ``temporarily non-attributed
objects'' includes--
(i) natural celestial, meteorological, and undersea weather
phenomena;
(ii) mundane human-made airborne objects, clutter, and
marine debris;
(iii) Federal, State, and local government, commercial
industry, academic, and private sector aerospace platforms;
(iv) Federal, State, and local government, commercial
industry, academic, and private sector ocean-surface and
undersea vehicles; and
(v) known foreign systems.
(21) Third agency.--The term ``third agency'' means a
Government agency that originated a unidentified anomalous
phenomena record that is in the possession of another
Government agency.
(22) Unidentified anomalous phenomena.--
(A) In general.--The term ``unidentified anomalous
phenomena'' means any object operating or judged capable of
operating in outer-space, the atmosphere, ocean surfaces, or
undersea lacking prosaic attribution due to performance
characteristics and properties not previously known to be
achievable based upon commonly accepted physical principles.
Unidentified anomalous phenomena are differentiated from both
attributed and temporarily non-attributed objects by one or
more of the following observables:
(i) Instantaneous acceleration absent apparent inertia.
(ii) Hypersonic velocity absent a thermal signature and
sonic shockwave.
(iii) Transmedium (such as space-to-ground and air-to-
undersea) travel.
(iv) Positive lift contrary to known aerodynamic
principles.
(v) Multispectral signature control.
(vi) Physical or invasive biological effects to close
observers and the environment.
(B) Inclusions.--The term ``unidentified anomalous
phenomena'' includes what were previously described as--
(i) flying discs;
(ii) flying saucers;
(iii) unidentified aerial phenomena;
(iv) unidentified flying objects (UFOs); and
(v) unidentified submerged objects (USOs).
(23) Unidentified anomalous phenomena record.--The term
``unidentified anomalous phenomena record'' means a record
that is related to unidentified anomalous phenomena,
technologies of unknown origin, or non-human intelligence
(and all equivalent subjects by any other name with the
specific and sole exclusion of temporarily non-attributed
objects) that was created or made available for use by,
obtained by, or otherwise came into the possession of--
(A) the Executive Office of the President;
(B) the Department of Defense and its progenitors, the
Department of War and the Department of the Navy;
(C) the Department of the Army;
(D) the Department of the Navy;
(E) the Department of the Air Force, specifically the Air
Force Office of Special Investigations;
(F) the Department of Energy and its progenitors, the
Manhattan Project, the Atomic Energy Commission, and the
Energy Research and Development Administration;
(G) the Office of the Director of National Intelligence;
(H) the Central Intelligence Agency and its progenitor, the
Office of Strategic Services;
(I) the National Reconnaissance Office;
(J) the Defense Intelligence Agency;
(K) the National Security Agency;
(L) the National Geospatial-Intelligence Agency;
(M) the National Aeronautics and Space Administration:
(N) the Federal Bureau of Investigation;
(O) the Federal Aviation Administration;
(P) the National Oceanic and Atmospheric Administration;
(Q) the Library of Congress;
(R) the National Archives and Records Administration;
(S) any Presidential library;
(T) any Executive agency;
(U) any independent office or agency;
(V) any other department, office, agency, committee, or
commission of the Federal Government;
(W) any State or local government department, office,
agency, committee, or commission that provided support or
assistance or performed work, in connection with a Federal
inquiry into unidentified anomalous phenomena, technologies
of unknown origin, or non-human intelligence; and
(X) any private sector person or entity formerly or
currently under contract or some other agreement with the
Federal Government.
SEC. 9004. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS
COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION.
(a) Establishment.--
(1) In general.--(A) Not later than 60 days after the date
of the enactment of this Act, the Archivist shall commence
establishment of a collection of records in the National
Archives to be known as the ``Unidentified Anomalous
Phenomena Records Collection''.
(B) In carrying out subparagraph (A), the Archivist shall
ensure the physical integrity and original provenance (or if
indeterminate, the earliest historical owner) of all records
in the Collection.
(C) The Collection shall consist of record copies of all
Government, Government-provided, or Government-funded records
relating to unidentified anomalous phenomena, technologies of
unknown origin, and non-human intelligence (or equivalent
subjects by any other name with the specific and sole
exclusion of temporarily non-attributed objects), which shall
be transmitted to the National Archives in accordance with
section 2107 of title 44, United States Code.
(D) The Archivist shall prepare and publish a subject
guidebook and index to the Collection.
(2) Contents.--The Collection shall include the following:
(A) All unidentified anomalous phenomena records,
regardless of age or date of creation--
(i) that have been transmitted to the National Archives or
disclosed to the public in
[[Page S4167]]
an unredacted form prior to the date of the enactment of this
Act;
(ii) that are required to be transmitted to the National
Archives; and
(iii) that the disclosure of which is postponed under this
Act.
(B) A central directory comprised of identification aids
created for each record transmitted to the Archivist under
section 9005.
(C) All Review Board records as required by this Act.
(b) Disclosure of Records.--All unidentified anomalous
phenomena records transmitted to the National Archives for
disclosure to the public shall--
(1) be included in the Collection; and
(2) be available to the public--
(A) for inspection and copying at the National Archives
within 30 days after their transmission to the National
Archives; and
(B) digitally via the National Archives online database
within a reasonable amount of time not to exceed 180 days
thereafter.
(c) Fees for Copying.--
(1) In general.--The Archivist shall--
(A) charge fees for copying unidentified anomalous
phenomena records; and
(B) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States
Code.
(2) Amount of fees.--The amount of a fee charged by the
Archivist pursuant to paragraph (1)(A) for the copying of an
unidentified anomalous phenomena record shall be such amount
as the Archivist determines appropriate to cover the costs
incurred by the National Archives in making and providing
such copy, except that in no case may the amount of the fee
charged exceed the actual expenses incurred by the National
Archives in making and providing such copy.
(d) Additional Requirements.--
(1) Use of funds.--The Collection shall be preserved,
protected, archived, digitized, and made available to the
public at the National Archives and via the official National
Archives online database using appropriations authorized,
specified, and restricted for use under the terms of this
Act.
(2) Security of records.--The National Security Program
Office at the National Archives, in consultation with the
National Archives Information Security Oversight Office,
shall establish a program to ensure the security of the
postponed unidentified anomalous phenomena records in the
protected, and yet-to-be disclosed or classified portion of
the Collection.
(e) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
legislative oversight jurisdiction in the Senate with respect
to the Collection.
(2) House of representatives.--The Committee on Oversight
and Accountability of the House of Representatives shall have
continuing legislative oversight jurisdiction in the House of
Representatives with respect to the Collection.
SEC. 9005. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY
GOVERNMENT OFFICES.
(a) Identification, Organization, and Preparation for
Transmission.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, each head of a Government office
shall--
(A) identify and organize records in the possession of the
Government office or under the control of the Government
office relating to unidentified anomalous phenomena; and
(B) prepare such records for transmission to the Archivist
for inclusion in the Collection.
(2) Prohibitions.--(A) No unidentified anomalous phenomena
record shall be destroyed, altered, or mutilated in any way.
(B) No unidentified anomalous phenomena record made
available or disclosed to the public prior to the date of the
enactment of this Act may be withheld, redacted, postponed
for public disclosure, or reclassified.
(C) No unidentified anomalous phenomena record created by a
person or entity outside the Federal Government (excluding
names or identities consistent with the requirements of
section 9006) shall be withheld, redacted, postponed for
public disclosure, or reclassified.
(b) Custody of Unidentified Anomalous Phenomena Records
Pending Review.--During the review by the heads of Government
offices under subsection (c) and pending review activity by
the Review Board, each head of a Government office shall
retain custody of the unidentified anomalous phenomena
records of the office for purposes of preservation, security,
and efficiency, unless--
(1) the Review Board requires the physical transfer of the
records for purposes of conducting an independent and
impartial review;
(2) transfer is necessary for an administrative hearing or
other Review Board function; or
(3) it is a third agency record described in subsection
(c)(2)(C).
(c) Review by Heads of Government Offices.--
(1) In general.--Not later than 300 days after the date of
the enactment of this Act, each head of a Government office
shall review, identify, and organize each unidentified
anomalous phenomena record in the custody or possession of
the office for--
(A) disclosure to the public;
(B) review by the Review Board; and
(C) transmission to the Archivist.
(2) Requirements.--In carrying out paragraph (1), the head
of a Government office shall--
(A) determine which of the records of the office are
unidentified anomalous phenomena records;
(B) determine which of the unidentified anomalous phenomena
records of the office have been officially disclosed or made
publicly available in a complete and unredacted form;
(C)(i) determine which of the unidentified anomalous
phenomena records of the office, or particular information
contained in such a record, was created by a third agency or
by another Government office; and
(ii) transmit to a third agency or other Government office
those records, or particular information contained in those
records, or complete and accurate copies thereof;
(D)(i) determine whether the unidentified anomalous
phenomena records of the office or particular information in
unidentified anomalous phenomena records of the office are
covered by the standards for postponement of public
disclosure under this division; and
(ii) specify on the identification aid required by
subsection (d) the applicable postponement provision
contained in section 9006;
(E) organize and make available to the Review Board all
unidentified anomalous phenomena records identified under
subparagraph (D) the public disclosure of, which in-whole or
in-part, may be postponed under this division;
(F) organize and make available to the Review Board any
record concerning which the office has any uncertainty as to
whether the record is an unidentified anomalous phenomena
record governed by this division;
(G) give precedence of work to--
(i) the identification, review, and transmission of
unidentified anomalous phenomena records not already publicly
available or disclosed as of the date of the enactment of
this Act;
(ii) the identification, review, and transmission of all
records that most unambiguously and definitively pertain to
unidentified anomalous phenomena, technologies of unknown
origin, and non-human intelligence;
(iii) the identification, review, and transmission of
unidentified anomalous phenomena records that on the date of
the enactment of this Act are the subject of litigation under
section 552 of title 5, United States Code; and
(iv) the identification, review, and transmission of
unidentified anomalous phenomena records with earliest
provenance when not inconsistent with clauses (i) through
(iii) and otherwise feasible; and
(H) make available to the Review Board any additional
information and records that the Review Board has reason to
believe the Review Board requires for conducting a review
under this division.
(3) Priority of expedited review for directors of certain
archival depositories.--The Director of each archival
depository established under section 2112 of title 44, United
States Code, shall have as a priority the expedited review
for public disclosure of unidentified anomalous phenomena
records in the possession and custody of the depository, and
shall make such records available to the Review Board as
required by this division.
(d) Identification Aids.--
(1) In general.--(A) Not later than 45 days after the date
of the enactment of this Act, the Archivist, in consultation
with the heads of such Government offices as the Archivist
considers appropriate, shall prepare and make available to
all Government offices a standard form of identification, or
finding aid, for use with each unidentified anomalous
phenomena record subject to review under this division
whether in hardcopy (physical), softcopy (electronic), or
digitized data format as may be appropriate.
(B) The Archivist shall ensure that the identification aid
program is established in such a manner as to result in the
creation of a uniform system for cataloging and finding every
unidentified anomalous phenomena record subject to review
under this division where ever and how ever stored in
hardcopy (physical), softcopy (electronic), or digitized data
format.
(2) Requirements for government offices.--Upon completion
of an identification aid using the standard form of
identification prepared and made available under subparagraph
(A) of paragraph (1) for the program established pursuant to
subparagraph (B) of such paragraph, the head of a Government
office shall--
(A) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to each
softcopy or digitized data unidentified anomalous phenomena
record, the identification aid describes;
(B) transmit to the Review Board a printed copy for each
physical unidentified anomalous phenomena record and an
electronic copy for each softcopy or digitized data
unidentified anomalous phenomena record the identification
aid describes; and
(C) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to each
softcopy or digitized data unidentified anomalous phenomena
record the identification aid describes, when transmitted to
the Archivist.
[[Page S4168]]
(3) Records of the national archives that are publicly
available.--Unidentified anomalous phenomena records which
are in the possession of the National Archives on the date of
the enactment of this Act, and which have been publicly
available in their entirety without redaction, shall be made
available in the Collection without any additional review by
the Review Board or another authorized office under this
division, and shall not be required to have such an
identification aid unless required by the Archivist.
(e) Transmission to the National Archives.--Each head of a
Government office shall--
(1) transmit to the Archivist, and make immediately
available to the public, all unidentified anomalous phenomena
records of the Government office that can be publicly
disclosed, including those that are publicly available on the
date of the enactment of this Act, without any redaction,
adjustment, or withholding under the standards of this
division; and
(2) transmit to the Archivist upon approval for
postponement by the Review Board or upon completion of other
action authorized by this division, all unidentified
anomalous phenomena records of the Government office the
public disclosure of which has been postponed, in whole or in
part, under the standards of this division, to become part of
the protected, yet-to-be disclosed, or classified portion of
the Collection.
(f) Custody of Postponed Unidentified Anomalous Phenomena
Records.--An unidentified anomalous phenomena record the
public disclosure of which has been postponed shall, pending
transmission to the Archivist, be held for reasons of
security and preservation by the originating body until such
time as the information security program has been established
at the National Archives as required in section 9004(d)(2).
(g) Periodic Review of Postponed Unidentified Anomalous
Phenomena Records.--
(1) In general.--All postponed or redacted records shall be
reviewed periodically by the originating agency and the
Archivist consistent with the recommendations of the Review
Board in the Controlled Disclosure Campaign Plan under
section 9009(c)(3)(B).
(2) Requirements.--(A) A periodic review under paragraph
(1) shall address the public disclosure of additional
unidentified anomalous phenomena records in the Collection
under the standards of this division.
(B) All postponed unidentified anomalous phenomena records
determined to require continued postponement shall require an
unclassified written description of the reason for such
continued postponement relevant to these specific records.
Such description shall be provided to the Archivist and
published in the Federal Register upon determination.
(C) The time and release requirements specified in the
Controlled Disclosure Campaign Plan shall be revised or
amended only if the Review Board is still in session and
concurs with the rationale for postponement, subject to the
limitations in section 9009(d)(1).
(D) The periodic review of postponed unidentified anomalous
phenomena records shall serve to downgrade and declassify
security classified information.
(E) Each unidentified anomalous phenomena record shall be
publicly disclosed in full, and available in the Collection,
not later than the date that is 25 years after the date of
the first creation of the record by the originating body,
unless the President certifies, as required by this division,
that--
(i) continued postponement is made necessary by an
identifiable harm to the military defense, intelligence
operations, law enforcement, or conduct of foreign relations;
and
(ii) the identifiable harm is of such gravity that it
outweighs the public interest in disclosure.
(h) Requirements for Executive Agencies.--
(1) In general.--Executive agencies shall--
(A) transmit digital records electronically in accordance
with section 2107 of title 44, United States Code;
(B) charge fees for copying unidentified anomalous
phenomena records; and
(C) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States
Code.
(2) Amount of fees.--The amount of a fee charged by the
head of an Executive agency pursuant to paragraph (1)(B) for
the copying of an unidentified anomalous phenomena record
shall be such amount as the head determines appropriate to
cover the costs incurred by the Executive agency in making
and providing such copy, except that in no case may the
amount of the fee charged exceed the actual expenses incurred
by the Executive agency in making and providing such copy.
SEC. 9006. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
Disclosure of unidentified anomalous phenomena records or
particular information in unidentified anomalous phenomena
records to the public may be postponed subject to the
limitations of this division if there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States posed by the public disclosure of the unidentified
anomalous phenomena record is of such gravity that it
outweighs the public interest in disclosure, and such public
disclosure would reveal--
(A) an intelligence agent whose identity currently requires
protection;
(B) an intelligence source or method which is currently
utilized, or reasonably expected to be utilized, by the
Federal Government and which has not been officially
disclosed, the disclosure of which would interfere with the
conduct of intelligence activities; or
(C) any other matter currently relating to the military
defense, intelligence operations, or conduct of foreign
relations of the United States, the disclosure of which would
demonstrably and substantially impair the national security
of the United States;
(2) the public disclosure of the unidentified anomalous
phenomena record would reveal the name or identity of a
living person who provided confidential information to the
Federal Government and would pose a substantial risk of harm
to that person;
(3) the public disclosure of the unidentified anomalous
phenomena record could reasonably be expected to constitute
an unwarranted invasion of personal privacy, and that
invasion of privacy is so substantial that it outweighs the
public interest; or
(4) the public disclosure of the unidentified anomalous
phenomena record would compromise the existence of an
understanding of confidentiality currently requiring
protection between a Federal Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
SEC. 9007. ESTABLISHMENT AND POWERS OF THE UNIDENTIFIED
ANOMALOUS PHENOMENA RECORDS REVIEW BOARD.
(a) Establishment.--There is established as an independent
agency a board to be known as the ``Unidentified Anomalous
Phenomena Records Review Board''.
(b) Appointment.--
(1) In general.--The President, by and with the advice and
consent of the Senate, shall appoint, without regard to
political affiliation, 9 citizens of the United States to
serve as members of the Review Board to ensure and facilitate
the review, transmission to the Archivist, and public
disclosure of government records relating to unidentified
anomalous phenomena.
(2) Period for nominations.--(A) The President shall make
nominations to the Review Board not later than 90 calendar
days after the date of the enactment of this Act.
(B) If the Senate votes not to confirm a nomination to the
Review Board, the President shall make an additional
nomination not later than 30 days thereafter.
(3) Consideration of recommendations.--(A) The President
shall make nominations to the Review Board after considering
persons recommended by the following:
(i) The majority leader of the Senate.
(ii) The minority leader of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The minority leader of the House of Representatives.
(v) The Secretary of Defense.
(vi) The National Academy of Sciences.
(vii) Established nonprofit research organizations relating
to unidentified anomalous phenomena.
(viii) The American Historical Association.
(ix) Such other persons and organizations as the President
considers appropriate.
(B) If an individual or organization described in
subparagraph (A) does not recommend at least 2 nominees
meeting the qualifications stated in paragraph (5) by the
date that is 45 days after the date of the enactment of this
Act, the President shall consider for nomination the persons
recommended by the other individuals and organizations
described in such subparagraph.
(C) The President may request an individual or organization
described in subparagraph (A) to submit additional
nominations.
(4) Qualifications.--Persons nominated to the Review
Board--
(A) shall be impartial citizens, none of whom shall have
had any previous or current involvement with any legacy
program or controlling authority relating to the collection,
exploitation, or reverse engineering of technologies of
unknown origin or the examination of biological evidence of
living or deceased non-human intelligence;
(B) shall be distinguished persons of high national
professional reputation in their respective fields who are
capable of exercising the independent and objective judgment
necessary to the fulfillment of their role in ensuring and
facilitating the review, transmission to the public, and
public disclosure of records related to the government's
understanding of, and activities associated with unidentified
anomalous phenomena, technologies of unknown origin, and non-
human intelligence and who possess an appreciation of the
value of such material to the public, scholars, and
government; and
(C) shall include at least--
(i) 1 current or former national security official;
(ii) 1 current or former foreign service official;
(iii) 1 scientist or engineer;
(iv) 1 economist;
(v) 1 professional historian; and
(vi) 1 sociologist.
(5) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a review of
each individual nominated and appointed to the position of
member of the Review Board to ensure the member does
[[Page S4169]]
not have any conflict of interest during the term of the
service of the member.
(B) Reports.--During the course of the review under
subparagraph (A), if the Director becomes aware that the
member being reviewed possesses a conflict of interest to the
mission of the Review Board, the Director shall, not later
than 30 days after the date on which the Director became
aware of the conflict of interest, submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives a report on the conflict of interest.
(c) Security Clearances.--
(1) In general.--All Review Board nominees shall be granted
the necessary security clearances and accesses, including any
and all relevant Presidential, departmental, and agency
special access programs, in an accelerated manner subject to
the standard procedures for granting such clearances.
(2) Qualification for nominees.--All nominees for
appointment to the Review Board under subsection (b) shall
qualify for the necessary security clearances and accesses
prior to being considered for confirmation by the Committee
on Homeland Security and Governmental Affairs of the Senate.
(d) Consideration by the Senate.--Nominations for
appointment under subsection (b) shall be referred to the
Committee on Homeland Security and Governmental Affairs of
the Senate for consideration.
(e) Vacancy.--A vacancy on the Review Board shall be filled
in the same manner as specified for original appointment
within 30 days of the occurrence of the vacancy.
(f) Removal of Review Board Member.--
(1) In general.--No member of the Review Board shall be
removed from office, other than--
(A) by impeachment and conviction; or
(B) by the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties.
(2) Notice of removal.--(A) If a member of the Review Board
is removed from office, and that removal is by the President,
not later than 10 days after the removal, the President shall
submit to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives a report specifying the facts found and the
grounds for the removal.
(B) The President shall publish in the Federal Register a
report submitted under subparagraph (A), except that the
President may, if necessary to protect the rights of a person
named in the report or to prevent undue interference with any
pending prosecution, postpone or refrain from publishing any
or all of the report until the completion of such pending
cases or pursuant to privacy protection requirements in law.
(3) Judicial review.--(A) A member of the Review Board
removed from office may obtain judicial review of the removal
in a civil action commenced in the United States District
Court for the District of Columbia.
(B) The member may be reinstated or granted other
appropriate relief by order of the court.
(g) Compensation of Members.--
(1) In general.--A member of the Review Board, other than
the Executive Director under section 9008(c)(1), shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Review Board.
(2) Travel expenses.--A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in
lieu of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of
business in the performance of services for the Review Board.
(h) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render
decisions on a determination by a Government office to seek
to postpone the disclosure of unidentified anomalous
phenomena records.
(2) Considerations and rendering of decisions.--In carrying
out paragraph (1), the Review Board shall consider and render
decisions--
(A) whether a record constitutes a unidentified anomalous
phenomena record; and
(B) whether a unidentified anomalous phenomena record or
particular information in a record qualifies for postponement
of disclosure under this division.
(i) Powers.--
(1) In general.--The Review Board shall have the authority
to act in a manner prescribed under this division, including
authority--
(A) to direct Government offices to complete identification
aids and organize unidentified anomalous phenomena records;
(B) to direct Government offices to transmit to the
Archivist unidentified anomalous phenomena records as
required under this division, including segregable portions
of unidentified anomalous phenomena records and substitutes
and summaries of unidentified anomalous phenomena records
that can be publicly disclosed to the fullest extent;
(C)(i) to obtain access to unidentified anomalous phenomena
records that have been identified and organized by a
Government office;
(ii) to direct a Government office to make available to the
Review Board, and if necessary investigate the facts
surrounding, additional information, records, or testimony
from individuals which the Review Board has reason to believe
are required to fulfill its functions and responsibilities
under this division; and
(iii) request the Attorney General to subpoena private
persons to compel testimony, records, and other information
relevant to its responsibilities under this division;
(D) require any Government office to account in writing for
the destruction of any records relating to unidentified
anomalous phenomena, technologies of unknown origin, or non-
human intelligence;
(E) receive information from the public regarding the
identification and public disclosure of unidentified
anomalous phenomena records;
(F) hold hearings, administer oaths, and subpoena witnesses
and documents;
(G) use the Federal Acquisition Service in the same manner
and under the same conditions as other Executive agencies;
and
(H) use the United States mails in the same manner and
under the same conditions as other Executive agencies.
(2) Enforcement of subpoena.--A subpoena issued under
paragraph (1)(C)(iii) may be enforced by any appropriate
Federal court acting pursuant to a lawful request of the
Review Board.
(j) Witness Immunity.--The Review Board shall be considered
to be an agency of the United States for purposes of section
6001 of title 18, United States Code. Witnesses, close
observers, and whistleblowers providing information directly
to the Review Board shall also be afforded the protections
provided to such persons specified under section 1673(b) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (50 U.S.C. 3373b(b)).
(k) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
legislative oversight jurisdiction in the Senate with respect
to the official conduct of the Review Board and the
disposition of postponed records after termination of the
Review Board, and shall have access to any records held or
created by the Review Board.
(2) House of representatives.--Unless otherwise determined
appropriate by the House of Representatives, the Committee on
Oversight and Accountability of the House of Representatives
shall have continuing legislative oversight jurisdiction in
the House of Representatives with respect to the official
conduct of the Review Board and the disposition of postponed
records after termination of the Review Board, and shall have
access to any records held or created by the Review Board.
(3) Duty to cooperate.--The Review Board shall have the
duty to cooperate with the exercise of oversight jurisdiction
described in this subsection.
(4) Security clearances.--The Chairmen and Ranking Members
of the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Accountability of the House of Representatives, and staff of
such committees designated by such Chairmen and Ranking
Members, shall be granted all security clearances and
accesses held by the Review Board, including to relevant
Presidential and department or agency special access and
compartmented access programs.
(l) Support Services.--The Administrator of the General
Services Administration shall provide administrative services
for the Review Board on a reimbursable basis.
(m) Interpretive Regulations.--The Review Board may issue
interpretive regulations.
(n) Termination and Winding Down.--
(1) In general.--The Review Board and the terms of its
members shall terminate not later than September 30, 2030,
unless extended by Congress.
(2) Reports.--Upon its termination, the Review Board shall
submit to the President and Congress reports, including a
complete and accurate accounting of expenditures during its
existence and shall complete all other reporting requirements
under this division.
(3) Transfer of records.--Upon termination and winding
down, the Review Board shall transfer all of its records to
the Archivist for inclusion in the Collection, and no record
of the Review Board shall be destroyed.
SEC. 9008. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS REVIEW
BOARD PERSONNEL.
(a) Executive Director.--
(1) Appointment.--Not later than 45 days after the date of
the enactment of this Act, the President shall appoint 1
citizen of the United States, without regard to political
affiliation, to the position of Executive Director of the
Review Board. This position counts as 1 of the 9 Review Board
members under section 9007(b)(1).
(2) Qualifications.--The person appointed as Executive
Director shall be a private citizen of integrity and
impartiality who--
(A) is a distinguished professional; and
(B) is not a present employee of the Federal Government;
and
(C) has had no previous or current involvement with any
legacy program or controlling
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authority relating to the collection, exploitation, or
reverse engineering of technologies of unknown origin or the
examination of biological evidence of living or deceased non-
human intelligence.
(3) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a review of
each individual appointed to the position of Executive
Director to ensure the Executive Director does not have any
conflict of interest during the term of the service of the
Executive Director.
(B) Reports.--During the course of the review under
subparagraph (A), if the Director becomes aware that the
Executive Director possesses a conflict of interest to the
mission of the Review Board, the Director shall, not later
than 30 days after the date on which the Director became
aware of the conflict of interest, submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives a report on the conflict of interest.
(4) Security clearances.--(A) A candidate for Executive
Director shall be granted all the necessary security
clearances and accesses, including to relevant Presidential
and department or agency special access and compartmented
access programs in an accelerated manner subject to the
standard procedures for granting such clearances.
(B) A candidate shall qualify for the necessary security
clearances and accesses prior to being appointed by the
President.
(5) Functions.--The Executive Director shall--
(A) serve as principal liaison to the Executive Office of
the President and Congress;
(B) serve as Chairperson of the Review Board;
(C) be responsible for the administration and coordination
of the Review Board's review of records;
(D) be responsible for the administration of all official
activities conducted by the Review Board;
(E) exercise tie-breaking Review Board authority to decide
or determine whether any record should be disclosed to the
public or postponed for disclosure; and
(F) retain right-of-appeal directly to the President for
decisions pertaining to executive branch unidentified
anomalous phenomena records for which the Executive Director
and Review Board members may disagree.
(6) Removal.--The Executive Director shall not be removed
for reasons other for cause on the grounds of inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the responsibilities of the
Executive Director or the staff of the Review Board.
(b) Staff.--
(1) In general.--The Review Board, without regard to the
civil service laws, may appoint and terminate additional
personnel as are necessary to enable the Review Board and its
Executive Director to perform the duties of the Review Board.
(2) Qualifications.--
(A) In general.--Except as provided in subparagraph (B), a
person appointed to the staff of the Review Board shall be a
citizen of integrity and impartiality who has had no previous
or current involvement with any legacy program or controlling
authority relating to the collection, exploitation, or
reverse engineering of technologies of unknown origin or the
examination of biological evidence of living or deceased non-
human intelligence.
(B) Consultation with director of the office of government
ethics.--In their consideration of persons to be appointed as
staff of the Review Board under paragraph (1), the Review
Board shall consult with the Director--
(i) to determine criteria for possible conflicts of
interest of staff of the Review Board, consistent with ethics
laws, statutes, and regulations for employees of the
executive branch of the Federal Government; and
(ii) ensure that no person selected for such position of
staff of the Review Board possesses a conflict of interests
in accordance with the criteria determined pursuant to clause
(i).
(3) Security clearances.--(A) A candidate for staff shall
be granted the necessary security clearances (including all
necessary special access program clearances) in an
accelerated manner subject to the standard procedures for
granting such clearances.
(B)(i) The Review Board may offer conditional employment to
a candidate for a staff position pending the completion of
security clearance background investigations. During the
pendency of such investigations, the Review Board shall
ensure that any such employee does not have access to, or
responsibility involving, classified or otherwise restricted
unidentified anomalous phenomena record materials.
(ii) If a person hired on a conditional basis under clause
(i) is denied or otherwise does not qualify for all security
clearances necessary to carry out the responsibilities of the
position for which conditional employment has been offered,
the Review Board shall immediately terminate the person's
employment.
(4) Support from national declassification center.--The
Archivist shall assign one representative in full-time
equivalent status from the National Declassification Center
to advise and support the Review Board disclosure
postponement review process in a non-voting staff capacity.
(c) Compensation.--Subject to such rules as may be adopted
by the Review Board, 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 that title
relating to classification and General Schedule pay rates--
(1) the Executive Director shall be compensated at a rate
not to exceed the rate of basic pay for level II of the
Executive Schedule and shall serve the entire tenure as one
full-time equivalent; and
(2) the Executive Director shall appoint and fix
compensation of such other personnel as may be necessary to
carry out this division.
(d) Advisory Committees.--
(1) Authority.--The Review Board may create advisory
committees to assist in fulfilling the responsibilities of
the Review Board under this division.
(2) FACA.--Any advisory committee created by the Review
Board shall be subject to chapter 10 of title 5, United
States Code.
(e) Security Clearance Required.--An individual employed in
any position by the Review Board (including an individual
appointed as Executive Director) shall be required to qualify
for any necessary security clearance prior to taking office
in that position, but may be employed conditionally in
accordance with subsection (b)(3)(B) before qualifying for
that clearance.
SEC. 9009. REVIEW OF RECORDS BY THE UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS REVIEW BOARD.
(a) Custody of Records Reviewed by Review Board.--Pending
the outcome of a review of activity by the Review Board, a
Government office shall retain custody of its unidentified
anomalous phenomena records for purposes of preservation,
security, and efficiency, unless--
(1) the Review Board requires the physical transfer of
records for reasons of conducting an independent and
impartial review; or
(2) such transfer is necessary for an administrative
hearing or other official Review Board function.
(b) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date of its
appointment, publish a schedule in the Federal Register for
review of all unidentified anomalous phenomena records;
(2) not later than 180 days after the date of the enactment
of this Act, begin its review of unidentified anomalous
phenomena records under this division; and
(3) periodically thereafter as warranted, but not less
frequently than semiannually, publish a revised schedule in
the Federal Register addressing the review and inclusion of
any unidentified anomalous phenomena records subsequently
discovered.
(c) Determinations of the Review Board.--
(1) In general.--The Review Board shall direct that all
unidentified anomalous phenomena records be transmitted to
the Archivist and disclosed to the public in the Collection
in the absence of clear and convincing evidence that--
(A) a Government record is not an unidentified anomalous
phenomena record; or
(B) a Government record, or particular information within
an unidentified anomalous phenomena record, qualifies for
postponement of public disclosure under this division.
(2) Requirements.--In approving postponement of public
disclosure of a unidentified anomalous phenomena record, the
Review Board shall seek to--
(A) provide for the disclosure of segregable parts,
substitutes, or summaries of such a record; and
(B) determine, in consultation with the originating body
and consistent with the standards for postponement under this
division, which of the following alternative forms of
disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in a
unidentified anomalous phenomena record.
(ii) A substitute record for that information which is
postponed.
(iii) A summary of a unidentified anomalous phenomena
record.
(3) Controlled disclosure campaign plan.--With respect to
unidentified anomalous phenomena records, particular
information in unidentified anomalous phenomena records,
recovered technologies of unknown origin, and biological
evidence for non-human intelligence the public disclosure of
which is postponed pursuant to section 9006, or for which
only substitutions or summaries have been disclosed to the
public, the Review Board shall create and transmit to the
President, the Archivist, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Accountability of the House of Representatives
a Controlled Disclosure Campaign Plan, with classified
appendix, containing--
(A) a description of actions by the Review Board, the
originating body, the President, or any Government office
(including a justification of any such action to postpone
disclosure of any record or part of any record) and of any
official proceedings conducted by the Review Board with
regard to specific unidentified anomalous phenomena records;
and
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(B) a benchmark-driven plan, based upon a review of the
proceedings and in conformity with the decisions reflected
therein, recommending precise requirements for periodic
review, downgrading, and declassification as well as the
exact time or specified occurrence following which each
postponed item may be appropriately disclosed to the public
under this division.
(4) Notice following review and determination.--(A)
Following its review and a determination that a unidentified
anomalous phenomena record shall be publicly disclosed in the
Collection or postponed for disclosure and held in the
protected Collection, the Review Board shall notify the head
of the originating body of the determination of the Review
Board and publish a copy of the determination in the Federal
Register within 14 days after the determination is made.
(B) Contemporaneous notice shall be made to the President
for Review Board determinations regarding unidentified
anomalous phenomena records of the executive branch of the
Federal Government, and to the oversight committees
designated in this division in the case of records of the
legislative branch of the Federal Government. Such notice
shall contain a written unclassified justification for public
disclosure or postponement of disclosure, including an
explanation of the application of any standards contained in
section 9006.
(d) Presidential Authority Over Review Board
Determination.--
(1) Public disclosure or postponement of disclosure.--After
the Review Board has made a formal determination concerning
the public disclosure or postponement of disclosure of an
unidentified anomalous phenomena record of the executive
branch of the Federal Government or information within such a
record, or of any information contained in a unidentified
anomalous phenomena record, obtained or developed solely
within the executive branch of the Federal Government, the
President shall--
(A) have the sole and nondelegable authority to require the
disclosure or postponement of such record or information
under the standards set forth in section 9006; and
(B) provide the Review Board with both an unclassified and
classified written certification specifying the President's
decision within 30 days after the Review Board's
determination and notice to the executive branch agency as
required under this division, stating the justification for
the President's decision, including the applicable grounds
for postponement under section 9006, accompanied by a copy of
the identification aid required under section 9004.
(2) Periodic review.--(A) Any unidentified anomalous
phenomena record postponed by the President shall henceforth
be subject to the requirements of periodic review,
downgrading, declassification, and public disclosure in
accordance with the recommended timeline and associated
requirements specified in the Controlled Disclosure Campaign
Plan unless these conflict with the standards set forth in
section 9006.
(B) This paragraph supersedes all prior declassification
review standards that may previously have been deemed
applicable to unidentified anomalous phenomena records.
(3) Record of presidential postponement.--The Review Board
shall, upon its receipt--
(A) publish in the Federal Register a copy of any
unclassified written certification, statement, and other
materials transmitted by or on behalf of the President with
regard to postponement of unidentified anomalous phenomena
records; and
(B) revise or amend recommendations in the Controlled
Disclosure Campaign Plan accordingly.
(e) Notice to Public.--Every 30 calendar days, beginning on
the date that is 60 calendar days after the date on which the
Review Board first approves the postponement of disclosure of
a unidentified anomalous phenomena record, the Review Board
shall publish in the Federal Register a notice that
summarizes the postponements approved by the Review Board or
initiated by the President, the Senate, or the House of
Representatives, including a description of the subject,
originating agency, length or other physical description, and
each ground for postponement that is relied upon to the
maximum extent classification restrictions permitting.
(f) Reports by the Review Board.--
(1) In general.--The Review Board shall report its
activities to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Reform of the House of
Representatives, the President, the Archivist, and the head
of any Government office whose records have been the subject
of Review Board activity.
(2) First report.--The first report shall be issued on the
date that is 1 year after the date of enactment of this Act,
and subsequent reports every 1 year thereafter until
termination of the Review Board.
(3) Contents.--A report under paragraph (1) shall include
the following information:
(A) A financial report of the expenses for all official
activities and requirements of the Review Board and its
personnel.
(B) The progress made on review, transmission to the
Archivist, and public disclosure of unidentified anomalous
phenomena records.
(C) The estimated time and volume of unidentified anomalous
phenomena records involved in the completion of the Review
Board's performance under this division.
(D) Any special problems, including requests and the level
of cooperation of Government offices, with regard to the
ability of the Review Board to operate as required by this
division.
(E) A record of review activities, including a record of
postponement decisions by the Review Board or other related
actions authorized by this division, and a record of the
volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional
legislative authority needs.
(4) Copies and briefs.--Coincident with the reporting
requirements in paragraph (2), or more frequently as
warranted by new information, the Review Board shall provide
copies to, and fully brief, at a minimum the President, the
Archivist, leadership of Congress, the Chairmen and Ranking
Members of the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives,
and the Chairs and Chairmen, as the case may be, and Ranking
Members and Vice Chairmen, as the case may be, of such other
committees as leadership of Congress determines appropriate
on the Controlled Disclosure Campaign Plan, classified
appendix, and postponed disclosures, specifically
addressing--
(A) recommendations for periodic review, downgrading, and
declassification as well as the exact time or specified
occurrence following which specific unidentified anomalous
phenomena records and material may be appropriately
disclosed;
(B) the rationale behind each postponement determination
and the recommended means to achieve disclosure of each
postponed item;
(C) any other findings that the Review Board chooses to
offer; and
(D) an addendum containing copies of reports of postponed
records to the Archivist required under subsection (c)(3)
made since the date of the preceding report under this
subsection.
(5) Notice.--At least 90 calendar days before completing
its work, the Review Board shall provide written notice to
the President and Congress of its intention to terminate its
operations at a specified date.
(6) Briefing the all-domain anomaly resolution office.--
Coincident with the provision in paragraph (5), if not
accomplished earlier under paragraph (4), the Review Board
shall brief the All-domain Anomaly Resolution Office
established pursuant to section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or
its successor, as subsequently designated by Act of Congress,
on the Controlled Disclosure Campaign Plan, classified
appendix, and postponed disclosures.
SEC. 9010. DISCLOSURE OF RECOVERED TECHNOLOGIES OF UNKNOWN
ORIGIN AND BIOLOGICAL EVIDENCE OF NON-HUMAN
INTELLIGENCE.
(a) Exercise of Eminent Domain.--The Federal Government
shall exercise eminent domain over any and all recovered
technologies of unknown origin and biological evidence of
non-human intelligence that may be controlled by private
persons or entities in the interests of the public good.
(b) Availability to Review Board.--Any and all such
material, should it exist, shall be made available to the
Review Board for personal examination and subsequent
disclosure determination at a location suitable to the
controlling authority of said material and in a timely manner
conducive to the objectives of the Review Board in accordance
with the requirements of this division.
(c) Actions of Review Board.--In carrying out subsection
(b), the Review Board shall consider and render decisions--
(1) whether the material examined constitutes technologies
of unknown origin or biological evidence of non-human
intelligence beyond a reasonable doubt;
(2) whether recovered technologies of unknown origin,
biological evidence of non-human intelligence, or a
particular subset of material qualifies for postponement of
disclosure under this division; and
(3) what changes, if any, to the current disposition of
said material should the Federal Government make to
facilitate full disclosure.
(d) Review Board Access to Testimony and Witnesses.--The
Review Board shall have access to all testimony from
unidentified anomalous phenomena witnesses, close observers
and legacy program personnel and whistleblowers within the
Federal Government's possession as of and after the date of
the enactment of this Act in furtherance of Review Board
disclosure determination responsibilities in section 9007(h)
and subsection (c) of this section.
(e) Solicitation of Additional Witnesses.--The Review Board
shall solicit additional unidentified anomalous phenomena
witness and whistleblower testimony and afford protections
under section 1673(b) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b))
if deemed beneficial in fulfilling Review Board
responsibilities under this division.
SEC. 9011. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
(a) Materials Under Seal of Court.--
(1) Information held under seal of a court.--The Review
Board may request the Attorney General to petition any court
in the United States or abroad to release any information
relevant to unidentified anomalous phenomena, technologies of
unknown origin, or non-human intelligence that is held under
seal of the court.
(2) Information held under injunction of secretary of grand
jury.--(A) The Review
[[Page S4172]]
Board may request the Attorney General to petition any court
in the United States to release any information relevant to
unidentified anomalous phenomena, technologies of unknown
origin, or non-human intelligence that is held under the
injunction of secrecy of a grand jury.
(B) A request for disclosure of unidentified anomalous
phenomena, technologies of unknown origin, and non-human
intelligence materials under this division shall be deemed to
constitute a showing of particularized need under rule 6 of
the Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board
determines to be relevant and held under seal by a court or
under the injunction of secrecy of a grand jury;
(2) the Secretary of State should contact any foreign
government that may hold material relevant to unidentified
anomalous phenomena, technologies of unknown origin, or non-
human intelligence and seek disclosure of such material; and
(3) all heads of Executive agencies should cooperate in
full with the Review Board to seek the disclosure of all
material relevant to unidentified anomalous phenomena,
technologies of unknown origin, and non-human intelligence
consistent with the public interest.
SEC. 9012. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this division requires
transmission of a record to the Archivist or public
disclosure, it shall take precedence over any other provision
of law (except section 6103 of the Internal Revenue Code of
1986 specifying confidentiality and disclosure of tax returns
and tax return information), judicial decision construing
such provision of law, or common law doctrine that would
otherwise prohibit such transmission or disclosure, with the
exception of deeds governing access to or transfer or release
of gifts and donations of records to the United States
Government.
(b) Freedom of Information Act.--Nothing in this division
shall be construed to eliminate or limit any right to file
requests with any executive agency or seek judicial review of
the decisions pursuant to section 552 of title 5, United
States Code.
(c) Judicial Review.--Nothing in this division shall be
construed to preclude judicial review, under chapter 7 of
title 5, United States Code, of final actions taken or
required to be taken under this division.
(d) Existing Authority.--Nothing in this division revokes
or limits the existing authority of the President, any
executive agency, the Senate, or the House of
Representatives, or any other entity of the Federal
Government to publicly disclose records in its possession.
(e) Rules of the Senate and House of Representatives.--To
the extent that any provision of this division establishes a
procedure to be followed in the Senate or the House of
Representatives, such provision is adopted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to
be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner,
and to the same extent as in the case of any other rule of
that House.
SEC. 9013. TERMINATION OF EFFECT OF DIVISION.
(a) Provisions Pertaining to the Review Board.--The
provisions of this division that pertain to the appointment
and operation of the Review Board shall cease to be effective
when the Review Board and the terms of its members have
terminated pursuant to section 9007(n).
(b) Other Provisions.--(1) The remaining provisions of this
division shall continue in effect until such time as the
Archivist certifies to the President and Congress that all
unidentified anomalous phenomena records have been made
available to the public in accordance with this division.
(2) In facilitation of the provision in paragraph (1), the
All-domain Anomaly Resolution Office established pursuant to
section 1683 of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373), or its successor as
subsequently designated by Act of Congress, shall develop
standardized unidentified anomalous phenomena
declassification guidance applicable to any and all
unidentified anomalous phenomena records generated by
originating bodies subsequent to termination of the Review
Board consistent with the requirements and intent of the
Controlled Disclosure Campaign Plan with respect to
unidentified anomalous phenomena records originated prior to
Review Board termination.
SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the
provisions of this division $20,000,000 for fiscal year 2024.
SEC. 9015. SEVERABILITY.
If any provision of this division or the application
thereof to any person or circumstance is held invalid, the
remainder of this division and the application of that
provision to other persons not similarly situated or to other
circumstances shall not be affected by the invalidation.
DIVISION H--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023
SEC. 10001. SHORT TITLE.
This division may be cited as the ``Architect of the
Capitol Appointment Act of 2023''.
SEC. 10002. APPOINTMENT AND TERM OF SERVICE OF ARCHITECT OF
THE CAPITOL.
(a) Appointment.--The Architect of the Capitol shall be
appointed, without regard to political affiliation and solely
on the basis of fitness to perform the duties of the office,
upon a majority vote of a congressional commission (referred
to in this section as the ``commission'') consisting of the
Speaker of the House of Representatives, the majority leader
of the Senate, the minority leaders of the House of
Representatives and Senate, the chair and ranking minority
member of the Committee on Appropriations of the House of
Representatives, the chairman and ranking minority member of
the Committee on Appropriations of the Senate, the chair and
ranking minority member of the Committee on House
Administration of the House of Representatives, and the
chairman and ranking minority member of the Committee on
Rules and Administration of the Senate.
(b) Term of Service.--The Architect of the Capitol shall be
appointed for a term of 10 years and, upon a majority vote of
the members of the commission, may be reappointed for
additional 10-year terms.
(c) Removal.--The Architect of the Capitol may be removed
from office at any time upon a majority vote of the members
of the commission.
(d) Conforming Amendments.--
(1) Section 319 of the Legislative Branch Appropriations
Act, 1990 (2 U.S.C. 1801) is repealed.
(2) The matter under the heading ``For the Capitol:'' under
the heading ``DEPARTMENT OF THE INTERIOR.'' of the Act of
February 14, 1902 (32 Stat. 19, chapter 17; incorporated in 2
U.S.C. 1811) is amended by striking ``, and he shall be
appointed by the President''.
(e) Effective Date.--This section, and the amendments made
by this section, shall apply with respect to appointments
made on or after the date of enactment of this Act.
SEC. 10003. APPOINTMENT OF DEPUTY ARCHITECT OF THE CAPITOL;
VACANCY IN ARCHITECT OR DEPUTY ARCHITECT.
Section 1203 of title I of division H of the Consolidated
Appropriations Resolution, 2003 (2 U.S.C. 1805) is amended--
(1) in subsection (a)--
(A) by inserting ``(in this section referred to as the
`Architect')'' after ``The Architect of the Capitol''; and
(B) by inserting ``(in this section referred to as the
`Deputy Architect')'' after ``Deputy Architect of the
Capitol'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Deadline.--The Architect shall appoint a Deputy
Architect under subsection (a) not later than 120 days
after--
``(1) the date on which the Architect is appointed under
section 10002 of the Architect of the Capitol Appointment Act
of 2023, if there is no Deputy Architect on the date of the
appointment; or
``(2) the date on which a vacancy arises in the office of
the Deputy Architect.'';
(4) in subsection (c), as so redesignated, by striking ``of
the Capitol'' each place it appears; and
(5) by adding at the end the following:
``(d) Failure To Appoint.--If the Architect does not
appoint a Deputy Architect on or before the applicable date
specified in subsection (b), the congressional commission
described in section 10002(a) of the Architect of the Capitol
Appointment Act of 2023 shall appoint the Deputy Architect by
a majority vote of the members of the commission.
``(e) Notification.--If the position of Deputy Architect
becomes vacant, the Architect shall immediately notify the
members of the congressional commission described in section
10002(a) of the Architect of the Capitol Appointment Act of
2023.''.
SEC. 10004. DEPUTY ARCHITECT OF THE CAPITOL TO SERVE AS
ACTING IN CASE OF ABSENCE, DISABILITY, OR
VACANCY.
(a) In General.--The Deputy Architect of the Capitol (in
this section referred to as the ``Deputy Architect'') shall
act as Architect of the Capitol (in this section referred to
as the ``Architect'') if the Architect is absent or disabled
or there is no Architect.
(b) Absence, Disability, or Vacancy in Office of Deputy
Architect.--For purposes of subsection (a), if the Deputy
Architect is also absent or disabled or there is no Deputy
Architect, the congressional commission described in section
10002(a) shall designate, by a majority vote of the members
of the commission, an individual to serve as acting Architect
until--
(1) the end of the absence or disability of the Architect
or the Deputy Architect; or
(2) in the case of vacancies in both positions, an
Architect has been appointed under section 10002(a).
(c) Authority.--An officer serving as acting Architect
under subsection (a) or (b) shall perform all the duties and
exercise all the authorities of the Architect, including the
authority to delegate the duties and authorities of the
Architect in accordance with the matter under the heading
``Office of the Architect of the Capitol'' under the heading
``ARCHITECT OF THE CAPITOL'' of the Legislative Appropriation
Act, 1956 (2 U.S.C. 1803).
[[Page S4173]]
(d) Conforming Amendment.--The matter under the heading
``salaries'' under the heading ``Office of the Architect of
the Capitol'' under the heading ``ARCHITECT OF THE CAPITOL''
of the Legislative Branch Appropriation Act, 1971 (2 U.S.C.
1804) is amended by striking ``: Provided,'' and all that
follows through ``no Architect''.
DIVISION I--FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS
SEC. 11001. SHORT TITLE.
This division may be cited as the ``Fair Debt Collection
Practices for Servicemembers Act''.
SEC. 11002. ENHANCED PROTECTION AGAINST DEBT COLLECTOR
HARASSMENT OF SERVICEMEMBERS.
(a) Communication in Connection With Debt Collection.--
Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' means--
``(A) a covered member or a dependent as defined in section
987(i) of title 10, United States Code; and
``(B)(i) an individual who was separated, discharged, or
released from duty described in such section 987(i)(1), but
only during the 365-day period beginning on the date of
separation, discharge, or release; or
``(ii) a person, with respect to an individual described in
clause (i), described in subparagraph (A), (D), (E), or (I)
of section 1072(2) of title 10, United States Code.
``(2) Prohibitions.--A debt collector may not, in
connection with the collection of any debt of a covered
member--
``(A) threaten to have the covered member reduced in rank;
``(B) threaten to have the covered member's security
clearance revoked; or
``(C) threaten to have the covered member prosecuted under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice).''.
(b) Unfair Practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended by
adding at the end the following:
``(9) The representation to any covered member (as defined
under section 805(e)(1)) that failure to cooperate with a
debt collector will result in--
``(A) a reduction in rank of the covered member;
``(B) a revocation of the covered member's security
clearance; or
``(C) prosecution under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice).''.
SEC. 11003. GAO STUDY.
The Comptroller General of the United States shall conduct
a study and submit a report to Congress on the impact of this
division on--
(1) the timely delivery of information to a covered member
(as defined in section 805(e) of the Fair Debt Collection
Practices Act, as added by this division);
(2) military readiness; and
(3) national security, including the extent to which
covered members with security clearances would be impacted by
uncollected debt.
DIVISION J--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2023
SEC. 11001. SHORT TITLE.
This division may be cited as the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of
2023''.
SEC. 11002. CONSOLIDATION OF ENVIRONMENTAL REVIEW
REQUIREMENTS.
Section 105 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by
adding at the end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant
amounts under this Act that is carrying out a project that
qualifies as an affordable housing activity under section
202, if the recipient is using 1 or more additional sources
of Federal funds to carry out the project, and the grant
amounts received under this Act constitute the largest single
source of Federal funds that the recipient reasonably expects
to commit to the project at the time of environmental review,
the Indian tribe of the recipient may assume, in addition to
all of the responsibilities for environmental review,
decision making, and action under subsection (a), all of the
additional responsibilities for environmental review,
decision making, and action under provisions of law that
would apply to each Federal agency providing additional
funding were the Federal agency to carry out the project as a
Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the
additional responsibilities for environmental review,
decision making, and action under paragraph (1) with respect
to a project shall be deemed to discharge the responsibility
of the applicable Federal agency for environmental review,
decision making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the
additional responsibilities under paragraph (1), shall
certify, in addition to the requirements under subsection
(c)--
``(A) the additional responsibilities that the Indian tribe
has fully carried out under this subsection; and
``(B) that the certifying officer consents to assume the
status of a responsible Federal official under the provisions
of law that would apply to each Federal agency providing
additional funding under paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes an
environmental review under this subsection shall assume sole
liability for the content and quality of the review.
``(B) Remedies and sanctions.--Except as provided in
subparagraph (C), if the Secretary approves a certification
and release of funds to an Indian tribe for a project in
accordance with subsection (b), but the Secretary or the head
of another Federal agency providing funding for the project
subsequently learns that the Indian tribe failed to carry out
the responsibilities of the Indian tribe as described in
subsection (a) or paragraph (1), as applicable, the Secretary
or other head, as applicable, may impose appropriate remedies
and sanctions in accordance with--
``(i) the regulations issued pursuant to section 106; or
``(ii) such regulations as are issued by the other head.
``(C) Statutory violation waivers.--If the Secretary waives
the requirements under this section in accordance with
subsection (d) with respect to a project for which an Indian
tribe assumes additional responsibilities under paragraph
(1), the waiver shall prohibit any other Federal agency
providing additional funding for the project from imposing
remedies or sanctions for failure to comply with requirements
for environmental review, decision making, and action under
provisions of law that would apply to the Federal agency.''.
SEC. 11003. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4117) is amended,
in the first sentence, by striking ``2009 through 2013'' and
inserting ``2024 through 2030''.
SEC. 11004. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is
amended by inserting ``including college housing assistance''
after ``self-sufficiency and other services,''.
SEC. 11005. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR
OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED
HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is
amended by inserting ``owned or operated by a recipient and''
after ``residing in a dwelling unit''.
SEC. 11006. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND
SERVICES.
Section 203(g) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is
amended by striking ``$5,000'' and inserting ``$7,000''.
SEC. 11007. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME
REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to a
homebuyer or a lease-purchase unit, that the current rental
family can purchase through a contract of sale, lease-
purchase agreement, or any other sales agreement, is made
available for purchase only by the current rental family, if
the rental family was a low-income family at the time of
their initial occupancy of such unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting the
following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property shall not apply to
improvements of privately owned homes if the cost of the
improvements do not exceed 10 percent of the maximum total
development cost for the home.''.
SEC. 11008. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by
adding at the end the following:
``(c) Notice of Termination.--The notice period described
in subsection (a)(3) shall apply to projects and programs
funded in part by amounts authorized under this Act.''.
SEC. 11009. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end
the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director
of the Indian Health Service, or a recipient receiving
funding for a housing construction or renovation project
[[Page S4174]]
under this title, may use funding from the Indian Health
Service for the construction of sanitation facilities under
that project.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (Public Law 104-330; 110 Stat.
4016) is amended by inserting after the item relating to
section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 11010. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN
EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is
amended--
(1) in subparagraph (A), by striking ``may take an action
described in paragraph (1)(C)'' and inserting ``may
immediately take an action described in paragraph (1)(C)'';
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes an action
described in subparagraph (A), the Secretary shall provide
notice to the recipient at the time that the Secretary takes
that action.
``(ii) Notice requirements.--The notice under clause (i)
shall inform the recipient that the recipient may request a
hearing by not later than 30 days after the date on which the
Secretary provides the notice.
``(iii) Hearing requirements.--A hearing requested under
clause (ii) shall be conducted--
``(I) in accordance with subpart A of part 26 of title 24,
Code of Federal Regulations (or successor regulations); and
``(II) to the maximum extent practicable, on an expedited
basis.
``(iv) Failure to conduct a hearing.--If a hearing
requested under clause (ii) is not completed by the date that
is 180 days after the date on which the recipient requests
the hearing, the action of the Secretary to limit the
availability of payments shall no longer be effective.''.
SEC. 11011. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Indian Affairs and the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in
subsection (a) shall be made publicly available, including to
recipients.''.
SEC. 11012. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED
LANDS FOR HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and
inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and
inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and
inserting ``99 years''.
SEC. 11013. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE
HOUSING ACTIVITIES.
Section 802(e) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is
amended by--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of
law, including provisions of State law requiring competitive
procurement, the Director may make subawards to
subrecipients, except for for-profit entities, using amounts
provided under this title to carry out affordable housing
activities upon a determination by the Director that such
subrecipients have adequate capacity to carry out activities
in accordance with this Act.''.
SEC. 11014. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP
PROVISIONS.
Section 824 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by
striking ``such sums as may be necessary'' and all that
follows through the period at the end and inserting ``such
sums as may be necessary for each of fiscal years 2024
through 2030.''.
SEC. 11015. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103)) that is developed, acquired, or
assisted under the block grant program established under
section 101 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4111) shall not
exceed by more than 20 percent, without prior approval of the
Secretary of Housing and Urban Development, the total
development cost maximum cost for all housing assisted under
an affordable housing activity, including development and
model activities.
SEC. 11016. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND
SPECIAL ACTIVITIES BY INDIAN TRIBES.
Section 105 of the Housing and Community Development Act of
1974 (42 U.S.C. 5305) is amended by adding at the end the
following:
``(i) Indian Tribes and Tribally Designated Housing
Entities as Community-based Development Organizations.--
``(1) Definition.--In this subsection, the term `tribally
designated housing entity' has the meaning given the term in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
``(2) Qualification.--An Indian tribe, a tribally
designated housing entity, or a tribal organization shall
qualify as a community-based development organization for
purposes of carrying out new housing construction under this
subsection under a grant made under section 106(a)(1).
``(j) Special Activities by Indian Tribes.--An Indian tribe
receiving a grant under paragraph (1) of section 106(a)(1)
shall be authorized to directly carry out activities
described in paragraph (15) of such section 106(a)(1).''.
SEC. 11017. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authority.--To provide access to sources of private
financing to Indian families, Indian housing authorities, and
Indian Tribes, who otherwise could not acquire housing
financing because of the unique legal status of Indian lands
and the unique nature of tribal economies, and to expand
homeownership opportunities to Indian families, Indian
housing authorities and Indian tribes on fee simple lands,
the Secretary may guarantee not to exceed 100 percent of the
unpaid principal and interest due on any loan eligible under
subsection (b) made to an Indian family, Indian housing
authority, or Indian Tribe on trust land and fee simple
land.''; and
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and adjusting the
margins accordingly;
(ii) by striking ``The loan'' and inserting the following:
``(A) In general.--The loan'';
(iii) in subparagraph (A), as so designated, by adding at
the end the following:
``(v) Any other lender that is supervised, approved,
regulated, or insured by any agency of the Federal
Government, including any entity certified as a community
development financial institution by the Community
Development Financial Institutions Fund established under
section 104(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).'';
and
(iv) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may authorize
qualifying lenders to participate in a direct guarantee
process for approving loans under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary determines that a
mortgage guaranteed through a direct guarantee process under
this subparagraph was not originated in accordance with the
requirements established by the Secretary, the Secretary may
require the lender approved under this subparagraph to
indemnify the Secretary for the loss, irrespective of whether
the violation caused the mortgage default.
``(II) Fraud or misrepresentation.--If fraud or
misrepresentation is involved in a direct guarantee process
under this subparagraph, the Secretary shall require the
original lender approved under this subparagraph to indemnify
the Secretary for the loss regardless of when an insurance
claim is paid.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may periodically review
the mortgagees originating, underwriting, or servicing single
family mortgage loans under this section.
``(ii) Requirements.--In conducting a review under clause
(i), the Secretary--
``(I) shall compare the mortgagee with other mortgagees
originating or underwriting loan guarantees for Indian
housing based on the rates of defaults and claims for
guaranteed mortgage loans originated, underwritten, or
serviced by that mortgagee;
``(II) may compare the mortgagee with such other mortgagees
based on underwriting quality, geographic area served, or any
commonly used factors the Secretary determines necessary for
comparing mortgage default risk, provided that the comparison
is of factors that the Secretary would expect to affect the
default risk of mortgage loans guaranteed by the Secretary;
``(iii) shall implement such comparisons by regulation,
notice, or mortgagee letter; and
``(I) may terminate the approval of a mortgagee to
originate, underwrite, or service loan guarantees for housing
under this section if the Secretary determines that the
mortgage loans originated, underwritten, or serviced by the
mortgagee present an unacceptable risk to the Indian Housing
Loan Guarantee Fund established under subsection (i)--
``(aa) based on a comparison of any of the factors set
forth in this subparagraph; or
``(bb) by a determination that the mortgagee engaged in
fraud or misrepresentation.''; and
[[Page S4175]]
(C) in paragraph (5)(A), by inserting before the semicolon
at the end the following: ``except, as determined by the
Secretary, when there is a loan modification under subsection
(h)(1)(B), the term of the loan shall not exceed 40 years''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5)
of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary
for each of fiscal years 2024 through 2030.''; and
(2) in subparagraph (C), by striking ``2008 through 2012''
and inserting ``2024 through 2030''.
SEC. 11018. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act
of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand
homeownership opportunities to Native Hawaiian families who
are eligible to receive a homestead under the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108) on fee simple lands in
the State of Hawaii'' after ``markets'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) in subparagraph (B)--
(I) by redesignating clause (iv) as clause (v); and
(II) by adding after clause (iii) the following:
``(iv) Any other lender that is supervised, approved,
regulated, or insured by any agency of the Federal
Government, including any entity certified as a community
development financial institution by the Community
Development Financial Institutions Fund established under
section 104(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).'';
and
(ii) by adding at the end the following:
``(C) Indemnification.--
``(i) In general.--If the Secretary determines that a
mortgage guaranteed through a direct guarantee process under
this section was not originated in accordance with the
requirements established by the Secretary, the Secretary may
require the lender approved under this section to indemnify
the Secretary for the loss, irrespective of whether the
violation caused the mortgage default.
``(ii) Direct guarantee endorsement.--The Secretary may,
dependent on the availability of systems development and
staffing resources, delegate to eligible lenders the
authority to directly endorse loans under this section.
``(iii) Fraud or misrepresentation.--If fraud or
misrepresentation was involved in the direct guarantee
endorsement process by a lender under this section, the
Secretary shall require the approved direct guarantee
endorsement lender to indemnify the Secretary for any loss or
potential loss, regardless of whether the fraud or
misrepresentation caused or may cause the loan default.
``(iv) Implementation.--The Secretary may implement any
requirements described in this subparagraph by regulation,
notice, or Dear Lender Letter.''.
(C) in paragraph (5)(A), by inserting before the semicolon
at the end the following: ``except, as determined by the
Secretary, when there is a loan modification under subsection
(i)(1)(B), the term of the loan shall not exceed 40 years'';
(3) in subsection (d)--
(A) in paragraph (1), by adding at the end the following:
``(C) Exception.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement authority
pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and
(B) of this paragraph shall not apply.'';
(B) by amending paragraph (2) to read as follows:
``(2) Standard for approval.--
``(A) Approval.--The Secretary may approve a loan for
guarantee under this section and issue a certificate under
this subsection only if the Secretary determines that there
is a reasonable prospect of repayment of the loan.
``(B) Exceptions.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement authority
pursuant to subsection (c)(4)(C)(ii)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement lender may issue a
certificate under this paragraph as evidence of the guarantee
in accordance with requirements prescribed by the
Secretary.''; and
(C) in paragraph (3)(A), by inserting ``or, where
applicable, the direct guarantee endorsement lender,'' after
``Secretary'' and
(4) in subsection (j)(5)(B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary
for each of fiscal years 2024 through 2030.''.
SEC. 11019. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime''
means the illegal manufacture, sale, distribution, use, or
possession with intent to manufacture, sell, distribute, or
use a controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII of that
Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Establishment.--The Secretary may, in consultation with
the Bureau of Indian Affairs and relevant Tribal law
enforcement agencies, make grants under this section to
recipients of assistance under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.) for use in eliminating drug-related and violent
crime.
(c) Eligible Activities.--Grants under this section may be
used for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of
Indian Affairs law enforcement agencies for additional
security and protective services;
(3) physical improvements which are specifically designed
to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in and
around the real property comprising housing assisted under
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 et seq.); and
(B) to provide evidence relating to such crime in any
administrative or judicial proceeding;
(5) the provision of training, communications equipment,
and other related equipment for use by voluntary tenant
patrols acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around
housing communities funded under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.), including drug-abuse prevention, intervention,
referral, and treatment programs;
(7) providing funding to nonprofit resident management
corporations and resident councils to develop security and
drug abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve
primarily youths from housing communities funded through and
are operated in conjunction with, or in furtherance of, an
organized program or plan designed to reduce or eliminate
drugs and drug-related problems in and around those
communities; and
(9) other programs for youth in school settings that
address drug prevention and positive alternatives for youth,
including education and activities related to science,
technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection,
an eligible applicant shall submit an application to the
Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-related or
violent crime in and around of the housing administered or
owned by the applicant for which the application is being
submitted; and
(B) such additional information as the Secretary may
reasonably require.
(2) Criteria.--The Secretary shall approve applications
submitted under paragraph (1) on the basis of thresholds or
criteria such as--
(A) the extent of the drug-related or violent crime problem
in and around the housing or projects proposed for
assistance;
(B) the quality of the plan to address the crime problem in
the housing or projects proposed for assistance, including
the extent to which the plan includes initiatives that can be
sustained over a period of several years;
(C) the capability of the applicant to carry out the plan;
and
(D) the extent to which tenants, the Tribal government, and
the Tribal community support and participate in the design
and implementation of the activities proposed to be funded
under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating
the extent of the drug-related crime problem pursuant to
subsection (d)(2), the Secretary may consider whether housing
or projects proposed for assistance are located in a high
intensity drug trafficking area designated pursuant to
section 707(b) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees
under this section to provide periodic reports that include
the obligation and expenditure of grant funds, the progress
made by the grantee in implementing the plan described in
subsection (d)(1)(A), and any change in the incidence of
drug-related crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the system used to distribute funding to
grantees under this section, which shall include descriptions
of--
[[Page S4176]]
(A) the methodology used to distribute amounts made
available under this section; and
(B) actions taken by the Secretary to ensure that amounts
made available under section are not used to fund baseline
local government services, as described in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish
on the website of the Department a notice of all grant awards
made pursuant to section, which shall identify the grantees
and the amount of the grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the
program funded under this subsection to ensure that
assistance provided under this subsection is administered in
accordance with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this section may
not be used to reimburse or support any local law enforcement
agency or unit of general local government for the provision
of services that are included in the baseline of services
required to be provided by any such entity pursuant to a
local cooperative agreement pursuant under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.) or any provision of an annual contributions contract
for payments in lieu of taxation with the Bureau of Indian
Affairs.
(B) Description.--Each grantee under this section shall
describe, in the report under subsection (f)(1), such
baseline of services for the unit of Tribal government in
which the jurisdiction of the grantee is located.
(3) Enforcement.--The Secretary shall provide for the
effective enforcement of this section, as specified in the
program requirements published in a notice by the Secretary,
which may include--
(A) the use of on-site monitoring, independent public audit
requirements, certification by Tribal or Federal law
enforcement or Tribal government officials regarding the
performance of baseline services referred to in paragraph
(2);
(B) entering into agreements with the Attorney General to
achieve compliance, and verification of compliance, with the
provisions of this section; and
(C) adopting enforcement authority that is substantially
similar to the authority provided to the Secretary under the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.)
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each
fiscal years 2024 through 2030 to carry out this section.
SEC. 11020. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN
VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(19)) is amended by adding at the end the
following:
``(E) Indian veterans housing rental assistance program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The term `eligible Indian
veteran' means an Indian veteran who is--
``(aa) homeless or at risk of homelessness; and
``(bb) living--
``(AA) on or near a reservation; or
``(BB) in or near any other Indian area.
``(II) Eligible recipient.--The term `eligible recipient'
means a recipient eligible to receive a grant under section
101 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111).
``(III) Indian; indian area.--The terms `Indian' and
`Indian area' have the meanings given those terms in section
4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
``(IV) Indian veteran.--The term `Indian veteran' means an
Indian who is a veteran.
``(V) Program.--The term `Program' means the Tribal HUD-
VASH program carried out under clause (ii).
``(VI) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The Secretary shall use not
less than 5 percent of the amounts made available for rental
assistance under this paragraph to carry out a rental
assistance and supported housing program, to be known as the
`Tribal HUD-VASH program', in conjunction with the Secretary
of Veterans Affairs, by awarding grants for the benefit of
eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as provided in subclause (II),
the Secretary shall model the Program on the rental
assistance and supported housing program authorized under
subparagraph (A) and applicable appropriations Acts,
including administration in conjunction with the Secretary of
Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing and urban development.--After
consultation with Indian tribes, eligible recipients, and any
other appropriate tribal organizations, the Secretary may
make necessary and appropriate modifications to facilitate
the use of the Program by eligible recipients to serve
eligible Indian veterans.
``(bb) Secretary of veterans affairs.--After consultation
with Indian tribes, eligible recipients, and any other
appropriate tribal organizations, the Secretary of Veterans
Affairs may make necessary and appropriate modifications to
facilitate the use of the Program by eligible recipients to
serve eligible Indian veterans.
``(iv) Eligible recipients.--The Secretary shall make
amounts for rental assistance and associated administrative
costs under the Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary shall award grants
under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria established by the
Secretary in a notice published in the Federal Register after
consulting with the Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded under the Program
shall be administered in accordance with the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.), except that recipients shall--
``(I) submit to the Secretary, in a manner prescribed by
the Secretary, reports on the utilization of rental
assistance provided under the Program; and
``(II) provide to the Secretary information specified by
the Secretary to assess the effectiveness of the Program in
serving eligible Indian veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal organizations.--The
Secretary, in coordination with the Secretary of Veterans
Affairs, shall consult with eligible recipients and any other
appropriate tribal organization on the design of the Program
to ensure the effective delivery of rental assistance and
supportive services to eligible Indian veterans under the
Program.
``(II) Indian health service.--The Director of the Indian
Health Service shall provide any assistance requested by the
Secretary or the Secretary of Veterans Affairs in carrying
out the Program.
``(viii) Waiver.--
``(I) In general.--Except as provided in subclause (II),
the Secretary may waive or specify alternative requirements
for any provision of law (including regulations) that the
Secretary administers in connection with the use of rental
assistance made available under the Program if the Secretary
finds that the waiver or alternative requirement is necessary
for the effective delivery and administration of rental
assistance under the Program to eligible Indian veterans.
``(II) Exception.--The Secretary may not waive or specify
alternative requirements under subclause (I) for any
provision of law (including regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made available for tenant-
based rental assistance under this subsection and without
regard to the amounts used for new grants under clause (ii),
such amounts as may be necessary to award renewal grants to
eligible recipients that received a grant under the Program
in a previous year; and
``(II) specify criteria that an eligible recipient must
satisfy to receive a renewal grant under subclause (I),
including providing data on how the eligible recipient used
the amounts of any grant previously received under the
Program.
``(x) Reporting.--
``(I) In general.--Not later than 1 year after the date of
enactment of this subparagraph, and every 5 years thereafter,
the Secretary, in coordination with the Secretary of Veterans
Affairs and the Director of the Indian Health Service,
shall--
``(aa) conduct a review of the implementation of the
Program, including any factors that may have limited its
success; and
``(bb) submit a report describing the results of the review
under item (aa) to--
``(AA) the Committee on Indian Affairs, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Veterans' Affairs, and the Committee on Appropriations of the
Senate; and
``(BB) the Subcommittee on Indian, Insular and Alaska
Native Affairs of the Committee on Natural Resources, the
Committee on Financial Services, the Committee on Veterans'
Affairs, and the Committee on Appropriations of the House of
Representatives.
``(II) Analysis of housing stock limitation.--The Secretary
shall include in the initial report submitted under subclause
(I) a description of--
``(aa) any regulations governing the use of formula current
assisted stock (as defined in section 1000.314 of title 24,
Code of Federal Regulations (or any successor regulation))
within the Program;
``(bb) the number of recipients of grants under the Program
that have reported the regulations described in item (aa) as
a barrier to implementation of the Program; and
``(cc) proposed alternative legislation or regulations
developed by the Secretary in consultation with recipients of
grants under the Program to allow the use of formula current
assisted stock within the Program.''.
SEC. 11021. CONTINUUM OF CARE.
(a) Definitions.--In this section--
(1) the terms ``collaborative applicant'' and ``eligible
entity'' have the meanings given those terms in section 401
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360); and
[[Page S4177]]
(2) the terms ``Indian tribe'' and ``tribally designated
housing entity'' have the meanings given those terms in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
(b) Nonapplication of Civil Rights Laws.--With respect to
the funds made available for the Continuum of Care program
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the
heading ``Homeless Assistance Grants'' in the Department of
Housing and Urban Development Appropriations Act, 2021
(Public Law 116-260) and under section 231 of the Department
of Housing and Urban Development Appropriations Act, 2020 (42
U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act
of 1968 (42 U.S.C. 3601 et seq.) shall not apply to
applications by or awards for projects to be carried out--
(1) on or off reservation or trust lands for awards made to
Indian tribes or tribally designated housing entities; or
(2) on reservation or trust lands for awards made to
eligible entities.
(c) Certification.--With respect to funds made available
for the Continuum of Care program authorized under subtitle C
of title IV of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11381 et seq.) under the heading ``Homeless Assistance
Grants'' under section 231 of the Department of Housing and
Urban Development Appropriations Act, 2020 (42 U.S.C.
11364a)--
(1) applications for projects to be carried out on
reservations or trust land shall contain a certification of
consistency with an approved Indian housing plan developed
under section 102 of the Native American Housing Assistance
and Self-Determination Act (25 U.S.C. 4112), notwithstanding
section 106 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12706) and section 403 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
(2) Indian tribes and tribally designated housing entities
that are recipients of awards for projects on reservations or
trust land shall certify that they are following an approved
housing plan developed under section 102 of the Native
American Housing Assistance and Self-Determination Act (25
U.S.C. 4112); and
(3) a collaborative applicant for a Continuum of Care whose
geographic area includes only reservation and trust land is
not required to meet the requirement in section 402(f)(2) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360a(f)(2)).
SEC. 11022. LEVERAGING.
All funds provided under a grant made pursuant to this
division or the amendments made by this division may be used
for purposes of meeting matching or cost participation
requirements under any other Federal housing program,
provided that such grants made pursuant to the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.) are spent in accordance with
that Act.
DIVISION K--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT
OF 2023
SEC. 11001. SHORT TITLE.
This division may be cited as the ``Fort Belknap Indian
Community Water Rights Settlement Act of 2023''.
SEC. 11002. PURPOSES.
The purposes of this division are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana for--
(A) the Fort Belknap Indian Community of the Fort Belknap
Reservation of Montana; and
(B) the United States, acting as trustee for the Fort
Belknap Indian Community and allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Fort Belknap Indian Community and
the State, to the extent that the Compact is consistent with
this division;
(3) to authorize and direct the Secretary--
(A) to execute the Compact; and
(B) to take any other actions necessary to carry out the
Compact in accordance with this division;
(4) to authorize funds necessary for the implementation of
the Compact and this division; and
(5) to authorize the exchange and transfer of certain
Federal and State land.
SEC. 11003. DEFINITIONS.
In this division:
(1) Allottee.--The term ``allottee'' means an individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(2) Blackfeet tribe.--The term ``Blackfeet Tribe'' means
the Blackfeet Tribe of the Blackfeet Indian Reservation of
Montana.
(3) Cercla.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(5) Compact.--The term ``Compact'' means--
(A) the Fort Belknap-Montana water rights compact dated
April 16, 2001, as contained in section 85-20-1001 of the
Montana Code Annotated (2021); and
(B) any appendix (including appendix amendments), part, or
amendment to the Compact that is executed to make the Compact
consistent with this division.
(6) Enforceability date.--The term ``enforceability date''
means the date described in section 11011(f).
(7) Fort belknap indian community.--The term ``Fort Belknap
Indian Community'' means the Gros Ventre and Assiniboine
Tribes of the Fort Belknap Reservation of Montana, a
federally recognized Indian Tribal entity included on the
list published by the Secretary pursuant to section 104(a) of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131(a)).
(8) Fort belknap indian community council.--The term ``Fort
Belknap Indian Community Council'' means the governing body
of the Fort Belknap Indian Community.
(9) Fort belknap indian irrigation project.--
(A) In general.--The term ``Fort Belknap Indian Irrigation
Project'' means the Federal Indian irrigation project
constructed and operated by the Bureau of Indian Affairs,
consisting of the Milk River unit, including--
(i) the Three Mile unit; and
(ii) the White Bear unit.
(B) Inclusions.--The term ``Fort Belknap Indian Irrigation
Project'' includes any addition to the Fort Belknap Indian
Irrigation Project constructed pursuant to this division,
including expansion of the Fort Belknap Indian Irrigation
Project, the Pumping Plant, delivery Pipe and Canal, the Fort
Belknap Reservoir and Dam, and the Peoples Creek Flood
Protection Project.
(10) Implementation fund.--The term ``Implementation Fund''
means the Fort Belknap Indian Community Water Settlement
Implementation Fund established by section 11013(a).
(11) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(12) Lake elwell.--The term ``Lake Elwell'' means the water
impounded on the Marias River in the State by Tiber Dam, a
feature of the Lower Marias Unit of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act
of 1944'') (58 Stat. 891, chapter 665).
(13) Malta irrigation district.--The term ``Malta
Irrigation District'' means the public corporation--
(A) created on December 28, 1923, pursuant to the laws of
the State relating to irrigation districts; and
(B) headquartered in Malta, Montana.
(14) Milk river.--The term ``Milk River'' means the
mainstem of the Milk River and each tributary of the Milk
River between the headwaters of the Milk River and the
confluence of the Milk River with the Missouri River,
consisting of--
(A) Montana Water Court Basins 40F, 40G, 40H, 40I, 40J,
40K, 40L, 40M, 40N, and 40O; and
(B) the portion of the Milk River and each tributary of the
Milk River that flows through the Canadian Provinces of
Alberta and Saskatchewan.
(15) Milk river project.--
(A) In general.--The term ``Milk River Project'' means the
Bureau of Reclamation project conditionally approved by the
Secretary on March 14, 1903, pursuant to the Act of June 17,
1902 (32 Stat. 388, chapter 1093), commencing at Lake
Sherburne Reservoir and providing water to a point
approximately 6 miles east of Nashua, Montana.
(B) Inclusions.--The term ``Milk River Project'' includes--
(i) the St. Mary Unit;
(ii) the Fresno Dam and Reservoir; and
(iii) the Dodson pumping unit.
(16) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River,
including tributaries.
(17) Operations and maintenance.--The term ``operations and
maintenance'' means the Bureau of Indian Affairs operations
and maintenance activities related to costs described in
section 171.500 of title 25, Code of Federal Regulations (or
a successor regulation).
(18) Operations, maintenance, and replacement.--The term
``operations, maintenance, and replacement'' means--
(A) any recurring or ongoing activity associated with the
day-to-day operation of a project;
(B) any activity relating to scheduled or unscheduled
maintenance of a project; and
(C) any activity relating to repairing, replacing, or
rehabilitating a feature of a project.
(19) Pick-sloan missouri river basin program.--The term
``Pick-Sloan Missouri River Basin Program'' means the Pick-
Sloan Missouri River Basin Program (authorized by section 9
of the Act of December 22, 1944 (commonly known as the
``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)).
(20) PMM.--The term ``PMM'' means the Principal Meridian,
Montana.
(21) Reservation.--
(A) In general.--The term ``Reservation'' means the area of
the Fort Belknap Reservation in the State, as modified by
this division.
(B) Inclusions.--The term ``Reservation'' includes--
(i) all land and interests in land established by--
(I) the Agreement with the Gros Ventre and Assiniboine
Tribes of the Fort Belknap Reservation, ratified by the Act
of May 1,
[[Page S4178]]
1888 (25 Stat. 113, chapter 212), as modified by the
Agreement with the Indians of the Fort Belknap Reservation of
October 9, 1895 (ratified by the Act of June 10, 1896) (29
Stat. 350, chapter 398);
(II) the Act of March 3, 1921 (41 Stat. 1355, chapter 135);
and
(III) Public Law 94-114 (25 U.S.C. 5501 et seq.);
(ii) the land known as the ``Hancock lands'' purchased by
the Fort Belknap Indian Community pursuant to the Fort
Belknap Indian Community Council Resolution No. 234-89
(October 2, 1989); and
(iii) all land transferred to the United States to be held
in trust for the benefit of the Fort Belknap Indian Community
under section 11006.
(22) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(23) St. mary unit.--
(A) In general.--The term ``St. Mary Unit'' means the St.
Mary Storage Unit of the Milk River Project authorized by
Congress on March 25, 1905.
(B) Inclusions.--The term ``St. Mary Unit'' includes--
(i) Sherburne Dam and Reservoir;
(ii) Swift Current Creek Dike;
(iii) Lower St. Mary Lake;
(iv) St. Mary Canal Diversion Dam; and
(v) St. Mary Canal and appurtenances.
(24) State.--The term ``State'' means the State of Montana.
(25) Tribal water code.--The term ``Tribal water code''
means the Tribal water code enacted by the Fort Belknap
Indian Community pursuant to section 11005(g).
(26) Tribal water rights.--The term ``Tribal water rights''
means the water rights of the Fort Belknap Indian Community,
as described in Article III of the Compact and this division,
including the allocation of water to the Fort Belknap Indian
Community from Lake Elwell under section 11007.
(27) Trust fund.--The term ``Trust Fund'' means the Aaniiih
Nakoda Settlement Trust Fund established for the Fort Belknap
Indian Community under section 11012(a).
SEC. 11004. RATIFICATION OF COMPACT.
(a) Ratification of Compact.--
(1) In general.--As modified by this division, the Compact
is authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Compact is
authorized, ratified, and confirmed to the extent that the
amendment is executed to make the Compact consistent with
this division.
(b) Execution.--
(1) In general.--To the extent that the Compact does not
conflict with this division, the Secretary shall execute the
Compact, including all appendices to, or parts of, the
Compact requiring the signature of the Secretary.
(2) Modifications.--Nothing in this division precludes the
Secretary from approving any modification to an appendix to
the Compact that is consistent with this division, to the
extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this
division, the Secretary shall comply with all applicable
provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(C) other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Compact and this
division, the Fort Belknap Indian Community shall prepare any
necessary environmental documents, except for any
environmental documents required under section 11008,
consistent with all applicable provisions of--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4231 et seq.), including the implementing regulations
of that Act; and
(iii) all other applicable Federal environmental laws and
regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the documentation submitted
under subparagraph (A); and
(ii) be responsible for the accuracy, scope, and contents
of that documentation.
(3) Effect of execution.--The execution of the Compact by
the Secretary under this section shall not constitute a major
Federal action for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities described in paragraph (2) shall be
paid from funds deposited in the Trust Fund, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall
remain the responsibility of the Secretary.
SEC. 11005. TRIBAL WATER RIGHTS.
(a) Confirmation of Tribal Water Rights.--
(1) In general.--The Tribal water rights are ratified,
confirmed, and declared to be valid.
(2) Use.--Any use of the Tribal water rights shall be
subject to the terms and conditions of the Compact and this
division.
(3) Conflict.--In the event of a conflict between the
Compact and this division, this division shall control.
(b) Intent of Congress.--It is the intent of Congress to
provide to each allottee benefits that are equivalent to, or
exceed, the benefits the allottees possess on the day before
the date of enactment of this division, taking into
consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and
this division;
(2) the availability of funding under this division and
from other sources;
(3) the availability of water from the Tribal water rights;
and
(4) the applicability of section 7 of the Act of February
8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this
division to protect the interests of allottees.
(c) Trust Status of Tribal Water Rights.--The Tribal water
rights--
(1) shall be held in trust by the United States for the use
and benefit of the Fort Belknap Indian Community and
allottees in accordance with this division; and
(2) shall not be subject to loss through non-use,
forfeiture, or abandonment.
(d) Allottees.--
(1) Applicability of the act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (24
Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use
of water for irrigation purposes, shall apply to the Tribal
water rights.
(2) Entitlement to water.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the Tribal
water rights.
(3) Allocations.--An allottee shall be entitled to a just
and equitable allocation of water for irrigation purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any claim
against the United States under section 7 of the Act of
February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381),
or any other applicable law, an allottee shall exhaust
remedies available under the Tribal water code or other
applicable Tribal law.
(B) Action for relief.--After the exhaustion of all
remedies available under the Tribal water code or other
applicable Tribal law, an allottee may seek relief under
section 7 of the Act of February 8, 1887 (24 Stat. 390,
chapter 119; 25 U.S.C. 381), or other applicable law.
(5) Authority of the secretary.--The Secretary shall have
the authority to protect the rights of allottees in
accordance with this section.
(e) Authority of the Fort Belknap Indian Community.--
(1) In general.--The Fort Belknap Indian Community shall
have the authority to allocate, distribute, and lease the
Tribal water rights for use on the Reservation in accordance
with the Compact, this division, and applicable Federal law.
(2) Off-reservation use.--The Fort Belknap Indian Community
may allocate, distribute, and lease the Tribal water rights
for off-Reservation use in accordance with the Compact, this
division, and applicable Federal law--
(A) subject to the approval of the Secretary; or
(B) pursuant to Tribal water leasing regulations consistent
with the requirements of subsection (f).
(3) Land leases by allottees.--Notwithstanding paragraph
(1), an allottee may lease any interest in land held by the
allottee, together with any water right determined to be
appurtenant to the interest in land, in accordance with the
Tribal water code.
(f) Tribal Water Leasing Regulations.--
(1) In general.--At the discretion of the Fort Belknap
Indian Community, any water lease of the Fort Belknap Indian
Community of the Tribal water rights for use on or off the
Reservation shall not require the approval of the Secretary
if the lease--
(A) is executed under tribal regulations, approved by the
Secretary under this subsection;
(B) is in accordance with the Compact; and
(C) does not exceed a term of 100 years, except that a
lease may include an option to renew for 1 additional term of
not to exceed 100 years.
(2) Authority of the secretary over tribal water leasing
regulations.--
(A) In general.--The Secretary shall have the authority to
approve or disapprove any Tribal water leasing regulations
issued in accordance with paragraph (1).
(B) Considerations for approval.--The Secretary shall
approve any Tribal water leasing regulations issued in
accordance with paragraph (1) if the Tribal water leasing
regulations--
(i) provide for an environmental review process that
includes--
(I) the identification and evaluation of any significant
effects of the proposed action on the environment; and
(II) a process for ensuring that--
(aa) the public is informed of, and has a reasonable
opportunity to comment on, any significant environmental
impacts of the proposed action identified by the Fort Belknap
Indian Community; and
(bb) the Fort Belknap Indian Community provides responses
to relevant and substantive public comments on those impacts
prior to its approval of a water lease; and
(ii) are consistent with this division and the Compact.
(3) Review process.--
[[Page S4179]]
(A) In general.--Not later than 120 days after the date on
which Tribal water leasing regulations under paragraph (1)
are submitted to the Secretary, the Secretary shall review
and approve or disapprove the regulations.
(B) Written documentation.--If the Secretary disapproves
the Tribal water leasing regulations described in
subparagraph (A), the Secretary shall include written
documentation with the disapproval notification that
describes the basis for this disapproval.
(C) Extension.--The deadline described in subparagraph (A)
may be extended by the Secretary, after consultation with the
Fort Belknap Indian Community.
(4) Federal environmental review.--Notwithstanding
paragraphs (2) and (3), if the Fort Belknap Indian Community
carries out a project or activity funded by a Federal agency,
the Fort Belknap Indian Community--
(A) shall have the authority to rely on the environmental
review process of the applicable Federal agency; and
(B) shall not be required to carry out a tribal
environmental review process under this subsection.
(5) Documentation.--If the Fort Belknap Indian Community
issues a lease pursuant to Tribal water leasing regulations
under paragraph (1), the Fort Belknap Indian Community shall
provide the Secretary and the State a copy of the lease,
including any amendments or renewals to the lease.
(6) Limitation of liability.--
(A) In general.--The United States shall not be liable in
any claim relating to the negotiation, execution, or approval
of any lease or exchange agreement or storage agreement,
including any claims relating to the terms included in such
an agreement, made pursuant to Tribal water leasing
regulations under paragraph (1).
(B) Obligations.--The United States shall have no trust
obligation or other obligation to monitor, administer, or
account for--
(i) any funds received by the Fort Belknap Indian Community
as consideration under any lease or exchange agreement or
storage agreement; or
(ii) the expenditure of those funds.
(g) Tribal Water Code.--
(1) In general.--Notwithstanding Article IV.A.2. of the
Compact, not later than 4 years after the date on which the
Fort Belknap Indian Community approves the Compact in
accordance with section 11011(f)(1), the Fort Belknap Indian
Community shall enact a Tribal water code that provides for--
(A) the administration, management, regulation, and
governance of all uses of the Tribal water rights in
accordance with the Compact and this division; and
(B) the establishment by the Fort Belknap Indian Community
of the conditions, permit requirements, and other
requirements for the allocation, distribution, or use of the
Tribal water rights in accordance with the Compact and this
division.
(2) Inclusions.--Subject to the approval of the Secretary,
the Tribal water code shall provide--
(A) that use of water by allottees shall be satisfied with
water from the Tribal water rights;
(B) a process by which an allottee may request that the
Fort Belknap Indian Community provide water for irrigation
use in accordance with this division, including the provision
of water under any allottee lease under section 4 of the Act
of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
(C) a due process system for the consideration and
determination by the Fort Belknap Indian Community of any
request of an allottee (or a successor in interest to an
allottee) for an allocation of water for irrigation purposes
on allotted land, including a process for--
(i) appeal and adjudication of any denied or disputed
distribution of water; and
(ii) resolution of any contested administrative decision;
(D) a requirement that any allottee asserting a claim
relating to the enforcement of rights of the allottee under
the Tribal water code, including to the quantity of water
allocated to land of the allottee, shall exhaust all remedies
available to the allottee under Tribal law before initiating
an action against the United States or petitioning the
Secretary pursuant to subsection (d)(4)(B);
(E) a process by which an owner of fee land within the
boundaries of the Reservation may apply for use of a portion
of the Tribal water rights; and
(F) a process for the establishment of a controlled
Groundwater area and for the management of that area in
cooperation with establishment of a contiguous controlled
Groundwater area off the Reservation established pursuant to
Section B.2. of Article IV of the Compact and State law.
(3) Action by secretary.--
(A) In general.--During the period beginning on the date of
enactment of this Act and ending on the date on which a
Tribal water code described in paragraphs (1) and (2) is
enacted, the Secretary shall administer, with respect to the
rights of allottees, the Tribal water rights in accordance
with the Compact and this division.
(B) Approval.--The Tribal water code described in
paragraphs (1) and (2) shall not be valid unless--
(i) the provisions of the Tribal water code required by
paragraph (2) are approved by the Secretary; and
(ii) each amendment to the Tribal water code that affects a
right of an allottee is approved by the Secretary.
(C) Approval period.--
(i) In general.--The Secretary shall approve or disapprove
the Tribal water code or an amendment to the Tribal water
code by not later than 180 days after the date on which the
Tribal water code or amendment to the Tribal water code is
submitted to the Secretary.
(ii) Extensions.--The deadline described in clause (i) may
be extended by the Secretary, after consultation with the
Fort Belknap Indian Community.
(h) Administration.--
(1) No alienation.--The Fort Belknap Indian Community shall
not permanently alienate any portion of the Tribal water
rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this division for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this division shall be considered to satisfy any
requirement for authorization of the action required by
Federal law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal water rights by any water user shall
not result in the forfeiture, abandonment, relinquishment, or
other loss of all or any portion of the Tribal water rights.
(i) Effect.--Except as otherwise expressly provided in this
section, nothing in this division--
(1) authorizes any action by an allottee against any
individual or entity, or against the Fort Belknap Indian
Community, under Federal, State, Tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
(j) Pick-Sloan Missouri River Basin Program Power Rates.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary, in cooperation with the Secretary of
Energy, shall make available the Pick-Sloan Missouri River
Basin Program irrigation project pumping power rates to the
Fort Belknap Indian Community, the Fort Belknap Indian
Irrigation Project, and any projects funded under this
division.
(2) Authorized purposes.--The power rates made available
under paragraph (1) shall be authorized for the purposes of
wheeling, administration, and payment of irrigation project
pumping power rates, including project use power for gravity
power.
SEC. 11006. EXCHANGE AND TRANSFER OF LAND.
(a) Exchange of Eligible Land and State Land.--
(1) Definitions.--In this subsection:
(A) Eligible land.--The term ``eligible land'' means--
(i) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that
are administered by the Secretary, acting through the
Director of the Bureau of Land Management; and
(ii) land in the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Resources Planning
Act of 1974 (16 U.S.C. 1609(a)) that is administered by the
Secretary of Agriculture, acting through the Chief of the
Forest Service.
(B) Secretary concerned.--The term ``Secretary concerned''
means, as applicable--
(i) the Secretary, with respect to the eligible land
administered by the Bureau of Land Management; and
(ii) the Secretary of Agriculture, with respect to eligible
land managed by the Forest Service.
(2) Negotiations authorized.--
(A) In general.--The Secretary concerned shall offer to
enter into negotiations with the State for the purpose of
exchanging eligible land described in paragraph (4) for the
State land described in paragraph (3).
(B) Requirements.--Any exchange of land made pursuant to
this subsection shall be subject to the terms and conditions
of this subsection.
(C) Priority.--
(i) In general.--In carrying out this paragraph, the
Secretary and the Secretary of Agriculture shall, during the
5-year period beginning on the date of enactment of this Act,
give priority to an exchange of eligible land located within
the State for State land.
(ii) Secretary of agriculture.--The responsibility of the
Secretary of Agriculture under clause (i), during the 5-year
period described in that clause, shall be limited to
negotiating with the State an acceptable package of land in
the National Forest System (as defined in section 11(a) of
the Forest and Rangeland Resources Planning Act of 1974 (16
U.S.C. 1609(a))).
(3) State land.--The Secretary is authorized to accept the
following parcels of State land located on and off the
Reservation:
(A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
(B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
(C) 640 acres in T. 27 N., R. 21 E., sec. 36.
(D) 640 acres in T. 26 N., R. 23 E., sec. 16.
(E) 640 acres in T. 26 N., R. 23 E., sec. 36.
(F) 640 acres in T. 26 N., R. 26 E., sec. 16.
(G) 640 acres in T. 26 N., R. 22 E., sec. 36.
(H) 640 acres in T. 27 N., R. 23 E., sec. 16.
(I) 640 acres in T. 27 N., R. 25 E., sec. 36.
(J) 640 acres in T. 28 N., R. 22 E., sec. 36.
(K) 640 acres in T. 28 N., R. 23 E., sec. 16.
(L) 640 acres in T. 28 N., R. 24 E., sec. 36.
(M) 640 acres in T. 28 N., R. 25 E., sec. 16.
(N) 640 acres in T. 28 N., R. 25 E., sec. 36.
(O) 640 acres in T. 28 N., R. 26 E., sec. 16.
[[Page S4180]]
(P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease
by the Fort Belknap Indian Community Council on the date of
enactment of this Act, comprised of--
(i) 30.68 acres in lot 5;
(ii) 26.06 acres in lot 6;
(iii) 21.42 acres in lot 7; and
(iv) 16.8 acres in lot 8.
(Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding
the 73.36 acres under lease by individuals who are not
members of the Fort Belknap Indian Community, on the date of
enactment of this Act.
(R) 640 acres in T. 29 N., R. 22 E., sec. 36.
(S) 640 acres in T. 29 N., R. 23 E., sec. 16.
(T) 640 acres in T. 29 N., R. 24 E., sec. 16.
(U) 640 acres in T. 29 N., R. 24 E., sec. 36.
(V) 640 acres in T. 29 N., R. 25 E., sec. 16.
(W) 640 acres in T. 29 N., R. 25 E., sec. 36.
(X) 640 acres in T. 29 N., R. 26 E., sec. 16.
(Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding
the 58.72 acres under lease by individuals who are not
members of the Fort Belknap Indian Community on the date of
enactment of this Act.
(Z) 640 acres in T. 30 N., R. 22 E., sec. 36.
(AA) 640 acres in T. 30 N., R. 23 E., sec. 16.
(BB) 640 acres in T. 30 N., R. 23 E., sec. 36.
(CC) 640 acres in T. 30 N., R. 24 E., sec. 16.
(DD) 640 acres in T. 30 N., R. 24 E., sec. 36.
(EE) 640 acres in T. 30 N., R. 25 E., sec. 16.
(FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under
lease by the Fort Belknap Indian Community Council on the
date of enactment of this Act.
(GG) 640 acres in T. 31 N., R. 22 E., sec. 36.
(HH) 640 acres in T. 31 N., R. 23 E., sec. 16.
(II) 640 acres in T. 31 N., R. 23 E., sec. 36.
(JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4.
(KK) 640 acres in T. 25 N., R. 22 E., sec. 16.
(4) Eligible land.--
(A) In general.--Subject to valid existing rights, the
reservation of easements or rights-of-way deemed necessary to
be retained by the Secretary concerned, and the requirements
of this subsection, the Secretary is authorized and directed
to convey to the State any eligible land within the State
identified in the negotiations authorized by paragraph (2)
and agreed to by the Secretary concerned.
(B) Exceptions.--The Secretary concerned shall exclude from
any conveyance any parcel of eligible land that is--
(i) included within the National Landscape Conservation
System established by section 2002(a) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7202(a)), without
regard to whether that land has been identified as available
for disposal in a land use plan;
(ii) designated as wilderness by Congress;
(iii) within a component of the National Wild and Scenic
Rivers System; or
(iv) designated in the Forest Land and Resource Management
Plan as a Research Natural Area.
(C) Administrative responsibility.--The Secretary shall be
responsible for meeting all substantive and any procedural
requirements necessary to complete the exchange and the
conveyance of the eligible land.
(5) Land into trust.--On completion of the land exchange
authorized by this subsection, the Secretary shall, as soon
as practicable after the enforceability date, take the land
received by the United States pursuant to this subsection
into trust for the benefit of the Fort Belknap Indian
Community.
(6) Terms and conditions.--
(A) Equal value.--The values of the eligible land and State
land exchanged under this subsection shall be equal, except
that the Secretary concerned may--
(i) exchange land that is of approximately equal value if
such an exchange complies with the requirements of section
206(h) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(h)) (and any regulations implementing that
section) without regard to the monetary limitation described
in paragraph (1)(A) of that section; and
(ii) make or accept an equalization payment, or waive an
equalization payment, if such a payment or waiver of a
payment complies with the requirements of section 206(b) of
that Act (43 U.S.C. 1716(b)) (and any regulations
implementing that section).
(B) Impacts on local governments.--In identifying eligible
land to be exchanged with the State, the Secretary concerned
and the State may--
(i) consider the financial impacts of exchanging specific
eligible land on local governments; and
(ii) attempt to minimize the financial impact of the
exchange on local governments.
(C) Existing authorizations.--
(i) Eligible land conveyed to the state.--
(I) In general.--Any eligible land conveyed to the State
under this subsection shall be subject to any valid existing
rights, contracts, leases, permits, and rights-of-way, unless
the holder of the right, contract, lease, permit, or right-
of-way requests an earlier termination in accordance with
existing law.
(II) Assumption by state.--The State shall assume all
benefits and obligations of the Forest Service or the Bureau
of Land Management, as applicable, under the existing rights,
contracts, leases, permits, and rights-of-way described in
subclause (I).
(ii) State land conveyed to the united states.--
(I) In general.--Any State land conveyed to the United
States under this subsection and taken into trust for the
benefit of the Fort Belknap Indian Community subject shall be
to any valid existing rights, contracts, leases, permits, and
rights-of-way, unless the holder of the right, contract,
lease, permit, or right-of-way requests an earlier
termination in accordance with existing law.
(II) Assumption by bureau of indian affairs.--The Bureau of
Indian Affairs shall--
(aa) assume all benefits and obligations of the State under
the existing rights, contracts, leases, permits, and rights-
of-way described in subclause (I); and
(bb) disburse to the Fort Belknap Indian Community any
amounts that accrue to the United States from those rights,
contracts, leases, permits, and rights-of-way, after the date
of transfer from any sale, bonus, royalty, or rental relating
to that land in the same manner as amounts received from
other land held by the Secretary in trust for the benefit of
the Fort Belknap Indian Community.
(D) Personal property.--
(i) In general.--Any improvements constituting personal
property, as defined by State law, belonging to the holder of
a right, contract, lease, permit, or right-of-way on land
transferred to the United States under this subsection
shall--
(I) remain the property of the holder; and
(II) be removed not later than 90 days after the date on
which the right, contract, lease, permit, or right-of-way
expires, unless the Fort Belknap Indian Community and the
holder agree otherwise.
(ii) Remaining property.--Any personal property described
in clause (i) remaining with the holder described in that
clause beyond the 90-day period described in subclause (II)
of that clause shall--
(I) become the property of the Fort Belknap Indian
Community; and
(II) be subject to removal and disposition at the
discretion of the Fort Belknap Indian Community.
(iii) Liability of previous holder.--The holder of personal
property described in clause (i) shall be liable for costs
incurred by the Fort Belknap Indian Community in removing and
disposing of the personal property under clause (ii)(II).
(7) Technical corrections.--Notwithstanding the
descriptions of the parcels of land owned by the State under
paragraph (3), the State may, with the consent of the Fort
Belknap Indian Community, make technical corrections to the
legal land descriptions to more specifically identify the
State parcels to be exchanged.
(8) Assistance.--The Secretary shall provide $10,000,000 of
financial or other assistance to the State and the Fort
Belknap Indian Community as may be necessary to obtain the
appraisals, and to satisfy administrative requirements,
necessary to accomplish the exchanges under paragraph (2).
(b) Federal Land Transfers.--
(1) In general.--Subject to valid existing rights and the
requirements of this subsection, all right, title, and
interest of the United States in and to the land described in
paragraph (2) shall be held by the United States in trust for
the benefit of the Fort Belknap Indian Community as part of
the Reservation on the enforceability date.
(2) Federal land.--
(A) Bureau of land management parcels.--
(i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised
of--
(I) 19.55 acres in lot 10;
(II) 19.82 acres in lot 11; and
(III) 20.09 acres in lot 16.
(ii) 324.24 acres in the N\1/2\ of T. 25 N., R. 22 E., sec.
5.
(iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised
of--
(I) 20.39 acres in lot 2;
(II) 20.72 acres in lot 7;
(III) 21.06 acres in lot 8;
(IV) 40.00 acres in lot 9;
(V) 40.00 acres in lot 10;
(VI) 40.00 acres in lot 11;
(VII) 40.00 acres in lot 12;
(VIII) 21.39 acres in lot 13; and
(IX) 160 acres in SW\1/4\.
(iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised
of--
(I) 18.06 acres in lot 5;
(II) 18.25 acres in lot 6;
(III) 18.44 acres in lot 7; and
(IV) 15.88 acres in lot 8.
(v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised
of--
(I) 17.65 acres in lot 5;
(II) 17.73 acres in lot 6;
(III) 17.83 acres in lot 7; and
(IV) 17.91 acres in lot 8.
(vi) 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised
of--
(I) 21.56 acres in lot 6;
(II) 29.50 acres in lot 7;
(III) 17.28 acres in lot 8;
(IV) 17.41 acres in lot 9; and
(V) 17.54 acres in lot 10.
(vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised
of--
(I) 80 acres in the S\1/2\ of the NW\1/4\; and
(II) 80 acres in the W\1/2\ of the SW\1/4\.
(viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2,
comprised of--
(I) 82.54 acres in the E\1/2\ of the NW\1/4\;
(II) 164.96 acres in the NE\1/4\; and
(III) 320 acres in the S\1/2\.
(ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised
of--
(I) 40 acres in the SE\1/4\ of the NW\1/4\;
(II) 160 acres in the SW\1/4\; and
(III) 40 acres in the SW\1/4\ of the SE\1/4\.
(x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of--
(I) 80 acres in the E\1/2\ of the SE\1/4\; and
(II) 40 acres in the NW\1/4\ of the SE\1/4\.
[[Page S4181]]
(xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised
of--
(I) 160 acres in the SW\1/4\; and
(II) 40 acres in the SW\1/4\ of the NW\1/4\.
(xii) 40 acres in the SE\1/4\ of the SE\1/4\ of T. 26 N.,
R. 21 E., sec. 6.
(xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised
of--
(I) 40 acres in the NE\1/4\ of the SW\1/4\;
(II) 160 acres in the NW\1/4\; and
(III) 40 acres in the NW\1/4\ of the SE\1/4\.
(xiv) 320 acres in the E\1/2\ of T. 26 N., R. 21 E., sec.
9.
(xv) 640 acres in T. 26 N., R. 21 E., sec. 10.
(xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised
of--
(I) 320 acres in the N\1/2\;
(II) 80 acres in the N\1/2\ of the SE\1/4\;
(III) 160 acres in the SW\1/4\; and
(IV) 40 acres in the SW\1/4\ of the SE\1/4\.
(xvii) 525.81 acres in T. 26 N., R. 22 E., sec. 21,
comprised of--
(I) 6.62 acres in lot 1;
(II) 5.70 acres in lot 2;
(III) 56.61 acres in lot 5;
(IV) 56.88 acres in lot 6;
(V) 320 acres in the W\1/2\; and
(VI) 80 acres in the W\1/2\ of the SE\1/4\.
(xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28.
(xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised
of--
(I) 320 acres in the N\1/2\;
(II) 160 acres in the N\1/2\ of the S\1/2\; and
(III) 80 acres in the S\1/2\ of the SE\1/4\.
(xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised
of--
(I) 320 acres in the S\1/2\; and
(II) 80 acres in the S\1/2\ of the NW\1/4\.
(xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33,
comprised of--
(I) 58.25 acres in lot 3;
(II) 58.5 acres in lot 4;
(III) 58.76 acres in lot 5;
(IV) 40 acres in the NW\1/4\ of the NE\1/4\;
(V) 160 acres in the SW\1/4\; and
(VI) 80 acres in the W\1/2\ of the SE\1/4\.
(xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised
of--
(I) 24.36 acres in lot 1;
(II) 24.35 acres in lot 2; and
(III) 40 acres in the SW\1/4\ of the SW\1/4\.
(xxiii) 80 acres in T. 27 N., R. 21 E., sec. 3, comprised
of--
(I) 40 acres in lot 11; and
(II) 40 acres in lot 12.
(xxiv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised
of--
(I) 40 acres in the NW\1/4\ of the SW\1/4\; and
(II) 40 acres in the SW\1/4\ of the NW\1/4\.
(xxv) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised
of--
(I) 80 acres in the E\1/2\ of the SW\1/4\;
(II) 40 acres in the NW\1/4\ of the NW\1/4\; and
(III) 80 acres in the S\1/2\ of the NW\1/4\.
(xxvi) 40 acres in the SE\1/4\ of the NE\1/4\ of T. 27 N.,
R. 21 E., sec. 23.
(xxvii) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised
of--
(I) 80 acres in the E\1/2\ of the NW\1/4\;
(II) 160 acres in the NE\1/4\;
(III) 40 acres in the NE\1/4\ of the SE\1/4\; and
(IV) 40 acres in the SW\1/4\ of the SW\1/4\.
(xxviii) 120 acres in T. 27 N., R. 21 E., sec. 25,
comprised of--
(I) 80 acres in the S\1/2\ of the NE\1/4\; and
(II) 40 acres in the SE\1/4\ of the NW\1/4\.
(xxix) 40 acres in the NE\1/4\ of the SE\1/4\ of T. 27 N.,
R. 21 E., sec. 26.
(xxx) 160 acres in the NW\1/4\ of T. 27 N., R. 21 E., sec.
27.
(xxxi) 40 acres in the SW\1/4\ of the SW\1/4\ of T. 27 N.,
R. 21 E., sec. 29.
(xxxii) 40 acres in the SW\1/4\ of the NE\1/4\ of T. 27 N.,
R. 21 E., sec 30.
(xxxiii) 120 acres in T. 27 N., R. 21 E., sec. 33,
comprised of--
(I) 40 acres in the SE\1/4\ of the NE\1/4\; and
(II) 80 acres in the N\1/2\ of the SE\1/4\.
(xxxiv) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised
of--
(I) 160 acres in the N\1/2\ of the S\1/2\;
(II) 160 acres in the NE\1/4\;
(III) 80 acres in the S\1/2\ of the NW\1/4\; and
(IV) 40 acres in the SE\1/4\ of the SE\1/4\.
(xxxv) 133.44 acres in T. 27 N., R. 22 E., sec. 4,
comprised of--
(I) 28.09 acres in lot 5;
(II) 25.35 acres in lot 6;
(III) 40 acres in lot 10; and
(IV) 40 acres in lot 15.
(xxxvi) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised
of--
(I) 40 acres in the NE\1/4\ of the NE\1/4\;
(II) 40 acres in the NW\1/4\ of the SW\1/4\; and
(III) 80 acres in the W\1/2\ of the NW\1/4\.
(xxxvii) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised
of--
(I) 80 acres in the E\1/2\ of the NW\1/4\; and
(II) 40 acres in the NE\1/4\ of the SW\1/4\.
(xxxviii) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 27
N., R. 22 E., sec. 9.
(xxxix) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 27 N.,
R. 22 E., sec. 17.
(xl) 40 acres in the NW\1/4\ of the NW\1/4\ of T. 27 N., R.
22 E., sec. 19.
(xli) 40 acres in the SE\1/4\ of the NW\1/4\ of T. 27 N.,
R22 E., sec. 20.
(xlii) 80 acres in the W\1/2\ of the SE\1/4\ of T. 27 N.,
R. 22 E., sec. 31.
(xliii) 52.36 acres in the SE\1/4\ of the SE\1/4\ of T. 27
N., R. 22 E., sec. 33.
(xliv) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 28 N.,
R. 22 E., sec. 29.
(xlv) 40 acres in the NE\1/4\ of the NE\1/4\ of T. 26 N.,
R. 21 E., sec. 7.
(xlvi) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 26 N.,
R. 21 E., sec. 12.
(xlvii) 42.38 acres in the NW\1/4\ of the NE\1/4\ of T. 26
N., R. 22 E., sec. 6.
(xlviii) 320 acres in the E\1/2\ of T. 26 N., R. 22 E.,
sec. 17.
(xlix) 80 acres in the E\1/2\ of the NE\1/4\ of T. 26 N.,
R. 22 E., sec. 20.
(l) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised
of--
(I) 80 acres in the E\1/2\ of the NE\1/4\;
(II) 80 acres in the N\1/2\ of the SE\1/4\;
(III) 40 acres in the SE\1/4\ of the NW\1/4\; and
(IV) 40 acres in the SW\1/4\ of the NE\1/4\.
(B) Bureau of indian affairs.--The parcels of approximately
3,519.3 acres of trust land that have been converted to fee
land, judicially foreclosed on, acquired by the Department of
Agriculture, and transferred to the Bureau of Indian Affairs,
described in clauses (i) through (iii).
(i) Parcel 1.--The land described in this clause is 640
acres in T. 29 N., R. 26 E., comprised of--
(I) 160 acres in the SW\1/4\ of sec. 27;
(II) 160 acres in the NE\1/4\ of sec. 33; and
(III) 320 acres in the W\1/2\ of sec. 34.
(ii) Parcel 2.--The land described in this clause is 320
acres in the N\1/2\ of T. 30 N., R. 23 E., sec. 28.
(iii) Parcel 3.--The land described in this clause is
2,559.3 acres, comprised of--
(I) T. 28 N., R. 24 E., including--
(aa) of sec. 16--
(AA) 5 acres in the E\1/2\, W\1/2\, E\1/2\, W\1/2\, W\1/2\,
NE\1/4\;
(BB) 10 acres in the E\1/2\, E\1/2\, W\1/2\, W\1/2\, NE\1/
4\;
(CC) 40 acres in the E\1/2\, W\1/2\, NE\1/4\;
(DD) 40 acres in the W\1/2\, E\1/2\, NE\1/4\;
(EE) 20 acres in the W\1/2\, E\1/2\, E\1/2\, NE\1/4\;
(FF) 5 acres in the W\1/2\, W\1/2\, E\1/2\, E\1/2\, E\1/2\,
NE\1/4\; and
(GG) 160 acres in the SE\1/4\;
(bb) 640 acres in sec. 21;
(cc) 320 acres in the S\1/2\ of sec. 22; and
(dd) 320 acres in the W\1/2\ of sec. 27;
(II) T. 29 N., R. 25 E., PMM, including--
(aa) 320 acres in the S\1/2\ of sec. 1; and
(bb) 320 acres in the N\1/2\ of sec. 12;
(III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2;
(IV) T. 30 N., R. 26 E., PMM, including--
(aa) 39.4 acres in sec. 3, lot 2;
(bb) 40 acres in the SW\1/4\ of the SW\1/4\ of sec. 4;
(cc) 80 acres in the E\1/2\ of the SE\1/4\ of sec. 5;
(dd) 80 acres in the S\1/2\ of the SE\1/4\ of sec. 7; and
(ee) 40 acres in the N\1/2\, N\1/2\, NE\1/4\ of sec. 18;
and
(V) 40 acres in T. 31 N., R. 26 E., PMM, the NW\1/4\ of the
SE\1/4\ of sec. 31.
(3) Terms and conditions.--
(A) Existing authorizations.--
(i) In general.--Federal land transferred under this
subsection shall be conveyed and taken into trust subject to
valid existing rights, contracts, leases, permits, and
rights-of-way, unless the holder of the right, contract,
lease, permit, and rights-of-way requests an earlier
termination in accordance with existing law.
(ii) Assumption by bureau of indian affairs.--The Bureau of
Indian Affairs shall--
(I) assume all benefits and obligations of the previous
land management agency under the existing rights, contracts,
leases, permits, and rights-of-way described in clause (i);
and
(II) disburse to the Fort Belknap Indian Community any
amounts that accrue to the United States from those rights,
contracts, leases, permits, and rights-of-ways after the date
of transfer from any sale, bonus, royalty, or rental relating
to that land in the same manner as amounts received from
other land held by the Secretary in trust for the Fort
Belknap Indian Community.
(B) Personal property.--
(i) In general.--Any improvements constituting personal
property, as defined by State law, belonging to the holder of
a right, contract, lease, permit, or right-of-way on land
transferred under this subsection shall--
(I) remain the property of the holder; and
(II) be removed from the land not later than 90 days after
the date on which the right, contract, lease, permit, or
right-of-way expires, unless the Fort Belknap Indian
Community and the holder agree otherwise.
(ii) Remaining property.--Any personal property described
in clause (i) remaining with the holder described in that
clause beyond the 90-day period described in subclause (II)
of that clause shall--
(I) become the property of the Fort Belknap Indian
Community; and
(II) be subject to removal and disposition at the
discretion of the Fort Belknap Indian Community.
(iii) Liability of previous holder.--The holder of personal
property described in clause (i) shall be liable to the Fort
Belknap Indian Community for costs incurred by the Fort
Belknap Indian Community in removing and disposing of the
property under clause (ii)(II).
(C) Existing roads.--If any road within the Federal land
transferred under this subsection is necessary for customary
access to private land, the Bureau of Indian Affairs shall
offer the owner of the private land to apply for a right-of-
way along the existing road, at the expense of the landowner.
(D) Limitation on the transfer of water rights.--Water
rights that transfer with the land described in paragraph (2)
shall not become part of the Tribal water rights, unless
those rights are recognized and ratified in the Compact.
(4) Withdrawal of federal land.--
(A) In general.--Subject to valid existing rights,
effective on the date of enactment of this Act, all Federal
land within the parcels described in paragraph (2) is
withdrawn from all forms of--
[[Page S4182]]
(i) entry, appropriation, or disposal under the public land
laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(B) Expiration.--The withdrawals pursuant to subparagraph
(A) shall terminate on the date that the Secretary takes the
land into trust for the benefit of the Fort Belknap Indian
Community pursuant to paragraph (1).
(C) No new reservation of federal water rights.--Nothing in
this paragraph establishes a new reservation in favor of the
United States or the Fort Belknap Indian Community with
respect to any water or water right on the land withdrawn by
this paragraph.
(5) Technical corrections.--Notwithstanding the
descriptions of the parcels of Federal land in paragraph (2),
the United States may, with the consent of the Fort Belknap
Indian Community, make technical corrections to the legal
land descriptions to more specifically identify the parcels.
(6) Survey.--
(A) In general.--Unless the United States or the Fort
Belknap Indian Community request an additional survey for the
transferred land or a technical correction is made under
paragraph (5), the description of land under this subsection
shall be controlling.
(B) Additional survey.--If the United States or the Fort
Belknap Indian Community requests an additional survey, that
survey shall control the total acreage to be transferred into
trust under this subsection.
(C) Assistance.--The Secretary shall provide such financial
or other assistance as may be necessary--
(i) to conduct additional surveys under this subsection;
and
(ii) to satisfy administrative requirements necessary to
accomplish the land transfers under this subsection.
(7) Date of transfer.--The Secretary shall complete all
land transfers under this subsection and shall take the land
into trust for the benefit of the Fort Belknap Indian
Community as expeditiously as practicable after the
enforceability date, but not later than 10 years after the
enforceability date.
(c) Tribally Owned Fee Land.--Not later than 10 years after
the enforceability date, the Secretary shall take into trust
for the benefit of the Fort Belknap Indian Community all fee
land owned by the Fort Belknap Indian Community on or
adjacent to the Reservation to become part of the
Reservation, provided that--
(1) the land is free from any liens, encumbrances, or other
infirmities; and
(2) no evidence exists of any hazardous substances on, or
other environmental liability with respect to, the land.
(d) Dodson Land.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after the enforceability date, but not later than
10 years after the enforceability date, the Dodson Land
described in paragraph (3) shall be taken into trust by the
United States for the benefit of the Fort Belknap Indian
Community as part of the Reservation.
(2) Restrictions.--The land taken into trust under
paragraph (1) shall be subject to a perpetual easement,
reserved by the United States for use by the Bureau of
Reclamation, its contractors, and its assigns for--
(A) the right of ingress and egress for Milk River Project
purposes;
(B) the right to--
(i) seep, flood, and overflow the transferred land for Milk
River Project purposes;
(ii) conduct routine and non-routine operation,
maintenance, and replacement activities on the Milk River
Project facilities, including modification to the headworks
at the upstream end of the Dodson South Canal in support of
Dodson South Canal enlargement, to include all associated
access, construction, and material storage necessary to
complete those activities; and
(iii) prohibit the construction of permanent structures on
the transferred land, except--
(I) as provided in the cooperative agreement under
paragraph (4); and
(II) to meet the requirements of the Milk River Project.
(3) Description of dodson land.--
(A) In general.--The Dodson Land referred to in paragraphs
(1) and (2) is the approximately 2,500 acres of land owned by
the United States that is, as of the date of enactment of
this Act, under the jurisdiction of the Bureau of Reclamation
and located at the northeastern corner of the Reservation
(which extends to the point in the middle of the main channel
of the Milk River), where the Milk River Project facilities,
including the Dodson Diversion Dam, headworks to the Dodson
South Canal, and Dodson South Canal, are located, and more
particularly described as follows:
(i) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1
and 2.
(ii) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13.
(iii) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs.
18, 19, 20, and 29.
(iv) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs.
26, 27, 35, and 36.
(B) Clarification.--The supplemental plats described in
clauses (i) through (iv) of subparagraph (A) are official
plats, as documented by retracement boundary surveys of the
General Land Office, approved on March 11, 1938, and on
record at the Bureau of Land Management.
(C) Technical corrections.--Notwithstanding the
descriptions of the parcels of Federal land in subparagraph
(A), the United States may, with the consent of the Fort
Belknap Indian Community, make technical corrections to the
legal land descriptions to more specifically identify the
parcels to be transferred.
(4) Cooperative agreement.--Not later than 3 years after
the enforceability date, the Bureau of Reclamation, the Malta
Irrigation District, the Bureau of Indian Affairs, and the
Fort Belknap Indian Community shall negotiate and enter into
a cooperative agreement that identifies the uses to which the
Fort Belknap Indian Community may put the land described in
paragraph (3), provided that the cooperative agreement may be
amended by mutual agreement of the Fort Belknap Indian
Community, Bureau of Reclamation, the Malta Irrigation
District, and the Bureau of Indian Affairs, including to
modify the perpetual easement to narrow the boundaries of the
easement or to terminate the perpetual easement and
cooperative agreement.
(e) Land Status.--All land held in trust by the United
States for the benefit of the Fort Belknap Indian Community
under this section shall be--
(1) beneficially owned by the Fort Belknap Indian
Community; and
(2) part of the Reservation and administered in accordance
with the laws and regulations generally applicable to land
held in trust by the United States for the benefit of an
Indian Tribe.
SEC. 11007. STORAGE ALLOCATION FROM LAKE ELWELL.
(a) Storage Allocation of Water to Fort Belknap Indian
Community.--The Secretary shall allocate to the Fort Belknap
Indian Community 20,000 acre-feet per year of water stored in
Lake Elwell for use by the Fort Belknap Indian Community for
any beneficial purpose on or off the Reservation, under a
water right held by the United States and managed by the
Bureau of Reclamation for the benefit of the Fort Belknap
Indian Community, as measured and diverted at the outlet
works of the Tiber Dam or through direct pumping from Lake
Elwell.
(b) Treatment.--
(1) In general.--The allocation to the Fort Belknap Indian
Community under subsection (a) shall be considered to be part
of the Tribal water rights.
(2) Priority date.--The priority date of the allocation to
the Fort Belknap Indian Community under subsection (a) shall
be the priority date of the Lake Elwell water right held by
the Bureau of Reclamation.
(3) Administration.--The Fort Belknap Indian Community
shall administer the water allocated under subsection (a) in
accordance with the Compact and this division.
(c) Allocation Agreement.--
(1) In general.--As a condition of receiving the allocation
under this section, the Fort Belknap Indian Community shall
enter into an agreement with the Secretary to establish the
terms and conditions of the allocation, in accordance with
the Compact and this division.
(2) Inclusions.--The agreement under paragraph (1) shall
include provisions establishing that--
(A) the agreement shall be without limit as to term;
(B) the Fort Belknap Indian Community, and not the United
States, shall be entitled to all consideration due to the
Fort Belknap Indian Community under any lease, contract,
exchange, or agreement entered into by the Fort Belknap
Indian Community pursuant to subsection (d);
(C) the United States shall have no obligation to monitor,
administer, or account for--
(i) any funds received by the Fort Belknap Indian Community
as consideration under any lease, contract, exchange, or
agreement entered into by the Fort Belknap Indian Community
pursuant to subsection (d); or
(ii) the expenditure of those funds;
(D) if the capacity or function of Lake Elwell facilities
are significantly reduced, or are anticipated to be
significantly reduced, for an extended period of time, the
Fort Belknap Indian Community shall have the same storage
rights as other storage contractors with respect to the
allocation under this section;
(E) the costs associated with the construction of the
storage facilities at Tiber Dam allocable to the Fort Belknap
Indian Community shall be nonreimbursable;
(F) no water service capital charge shall be due or payable
for any water allocated to the Fort Belknap Indian Community
under this section or the allocation agreement, regardless of
whether that water is delivered for use by the Fort Belknap
Indian Community or under a lease, contract, exchange, or by
agreement entered into by the Fort Belknap Indian Community
pursuant to subsection (d);
(G) the Fort Belknap Indian Community shall not be required
to make payments to the United States for any water allocated
to the Fort Belknap Indian Community under this section or
the allocation agreement, except for each acre-foot of stored
water leased or transferred for industrial purposes as
described in subparagraph (H); and
(H) for each acre-foot of stored water leased or
transferred by the Fort Belknap Indian Community for
industrial purposes--
(i) the Fort Belknap Indian Community shall pay annually to
the United States an amount necessary to cover the
proportional share of the annual operations, maintenance,
[[Page S4183]]
and replacement costs allocable to the quantity of water
leased or transferred by the Fort Belknap Indian Community
for industrial purposes; and
(ii) the annual payments of the Fort Belknap Indian
Community shall be reviewed and adjusted, as appropriate, to
reflect the actual operations, maintenance, and replacement
costs for Tiber Dam.
(d) Agreement by Fort Belknap Indian Community.--The Fort
Belknap Indian Community may use, lease, contract, exchange,
or enter into other agreements for the use of the water
allocated to the Fort Belknap Indian Community under
subsection (a) if--
(1) the use of water that is the subject of such an
agreement occurs within the Missouri River Basin; and
(2) the agreement does not permanently alienate any water
allocated to the Fort Belknap Indian Community under that
subsection.
(e) Effective Date.--The allocation under subsection (a)
takes effect on the enforceability date.
(f) No Carryover Storage.--The allocation under subsection
(a) shall not be increased by any year-to-year carryover
storage.
(g) Development and Delivery Costs.--The United States
shall not be required to pay the cost of developing or
delivering any water allocated under this section.
SEC. 11008. MILK RIVER PROJECT MITIGATION.
(a) In General.--In complete satisfaction of the Milk River
Project mitigation requirements provided for in Article VI.B.
of the Compact, the Secretary, acting through the
Commissioner--
(1) in cooperation with the State and the Blackfeet Tribe,
shall carry out appropriate activities concerning the
restoration of the St. Mary Canal and associated facilities,
including activities relating to the--
(A) planning and design to restore the St. Mary Canal and
appurtenances to convey 850 cubic-feet per second; and
(B) rehabilitating, constructing, and repairing of the St.
Mary Canal and appurtenances; and
(2) in cooperation with the State and the Fort Belknap
Indian Community, shall carry out appropriate activities
concerning the enlargement of Dodson South Canal and
associated facilities, including activities relating to the--
(A) planning and design to enlarge Dodson South Canal and
headworks at the upstream end of Dodson South Canal to divert
and convey 700 cubic-feet per second; and
(B) rehabilitating, constructing, and enlarging the Dodson
South Canal and headworks at the upstream end of Dodson South
Canal to divert and convey 700 cubic-feet per second.
(b) Funding.--The total amount of obligations incurred by
the Secretary, prior to any adjustments provided for in
section 11014(b), shall not exceed $300,000,000 to carry out
activities described in subsection (c)(1).
(c) Satisfaction of Mitigation Requirement.--
Notwithstanding any provision of the Compact, the mitigation
required by Article VI.B. of the Compact shall be deemed
satisfied if--
(1) the Secretary has--
(A) restored the St. Mary Canal and associated facilities
to convey 850 cubic-feet per second; and
(B) enlarged the Dodson South Canal and headworks at the
upstream end of Dodson South Canal to divert and convey 700
cubic-feet per second; or
(2) the Secretary--
(A) has expended all of the available funding provided
pursuant to section 11014(a)(1)(D) to rehabilitate the St.
Mary Canal and enlarge the Dodson South Canal; and
(B) despite diligent efforts, could not complete the
activities described in subsection (a).
(d) Nonreimbursability of Costs.--The costs to the
Secretary of carrying out this section shall be
nonreimbursable.
SEC. 11009. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.
(a) In General.--Subject to the availability of
appropriations, the Secretary shall rehabilitate, modernize,
and expand the Fort Belknap Indian Irrigation Project, as
generally described in the document of Natural Resources
Consulting Engineers, Inc., entitled ``Fort Belknap Indian
Community Comprehensive Water Development Plan'' and dated
February 2019, which shall include--
(1) planning, studies, and designing of the existing and
expanded Milk River unit, including the irrigation system,
Pumping Plant, delivery pipe and canal, Fort Belknap Dam and
Reservoir, and Peoples Creek Flood Protection Project;
(2) the rehabilitation, modernization, and construction of
the existing Milk River unit; and
(3) construction of the expanded Milk River unit, including
the irrigation system, Pumping Plant, delivery pipe and
canal, Fort Belknap Dam and Reservoir, and Peoples Creek
Flood Protection Project.
(b) Lead Agency.--The Bureau of Indian Affairs, in
coordination with the Bureau of Reclamation, shall serve as
the lead agency with respect to any activities carried out
under this section.
(c) Consultation With the Fort Belknap Indian Community.--
The Secretary shall consult with the Fort Belknap Indian
Community on appropriate changes to the final design and
costs of any activity under this section.
(d) Funding.--The total amount of obligations incurred by
the Secretary in carrying out this section, prior to any
adjustment provided for in section 11014(b), shall not exceed
$415,832,153.
(e) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be
nonreimbursable.
(f) Administration.--The Secretary and the Fort Belknap
Indian Community shall negotiate the cost of any oversight
activity carried out by the Bureau of Indian Affairs or the
Bureau of Reclamation under any agreement entered into under
subsection (j), subject to the condition that the total cost
for the oversight shall not exceed 3 percent of the total
project costs for each project.
(g) Project Management Committee.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
facilitate the formation of a project management committee
composed of representatives of the Bureau of Indian Affairs,
the Bureau of Reclamation, and the Fort Belknap Indian
Community--
(1) to review and make recommendations relating to cost
factors, budgets, and implementing the activities for
rehabilitating, modernizing, and expanding the Fort Belknap
Indian Irrigation Project; and
(2) to improve management of inherently governmental
activities through enhanced communication.
(h) Project Efficiencies.--If the total cost of planning,
studies, design, rehabilitation, modernization, and
construction activities relating to the projects described in
subsection (a) results in cost savings and is less than the
amounts authorized to be obligated, the Secretary, at the
request of the Fort Belknap Indian Community, shall deposit
those savings in the Fort Belknap Indian Community Water
Resources and Water Rights Administration, Operation, and
Maintenance Account established under section 11012(b)(2).
(i) Treatment.--Any activities carried out pursuant to this
section that result in improvements, additions, or
modifications to the Fort Belknap Indian Irrigation Project
shall--
(1) become a part of the Fort Belknap Indian Irrigation
Project; and
(2) be recorded in the inventory of the Secretary relating
to the Fort Belknap Indian Irrigation Project.
(j) Applicability of ISDEAA.--At the request of the Fort
Belknap Indian Community, and in accordance with the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5301 et seq.), the Secretary shall enter into agreements with
the Fort Belknap Indian Community to carry out all or a
portion of this section.
(k) Effect.--Nothing in this section--
(1) alters any applicable law under which the Bureau of
Indian Affairs collects assessments or carries out the
operations and maintenance of the Fort Belknap Indian
Irrigation Project; or
(2) impacts the availability of amounts under section
11014.
(l) Satisfaction of Fort Belknap Indian Irrigation Project
System Requirement.--The obligations of the Secretary under
subsection (a) shall be deemed satisfied if the Secretary--
(1) has rehabilitated, modernized, and expanded the Fort
Belknap Indian Irrigation Project in accordance with
subsection (a); or
(2)(A) has expended all of the available funding provided
pursuant to paragraphs (1)(C) and (2)(A)(iv) of section
11014(a); and
(B) despite diligent efforts, could not complete the
activities described in subsection (a).
SEC. 11010. SATISFACTION OF CLAIMS.
(a) In General.--The benefits provided under this division
shall be in complete replacement of, complete substitution
for, and full satisfaction of any claim of the Fort Belknap
Indian Community against the United States that is waived and
released by the Fort Belknap Indian Community under section
11011(a).
(b) Allottees.--The benefits realized by the allottees
under this division shall be in complete replacement of,
complete substitution for, and full satisfaction of--
(1) all claims waived and released by the United States
(acting as trustee for the allottees) under section
11011(a)(2); and
(2) any claims of the allottees against the United States
similar to the claims described in section 11011(a)(2) that
the allottee asserted or could have asserted.
SEC. 11011. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waiver and release of claims by the fort belknap indian
community and united states as trustee for the fort belknap
indian community.--Subject to the reservation of rights and
retention of claims under subsection (d), as consideration
for recognition of the Tribal water rights and other benefits
described in the Compact and this division, the Fort Belknap
Indian Community, acting on behalf of the Fort Belknap Indian
Community and members of the Fort Belknap Indian Community
(but not any member of the Fort Belknap Indian Community as
an allottee), and the United States, acting as trustee for
the Fort Belknap Indian Community and the members of the Fort
Belknap Indian Community (but not any member of the Fort
Belknap Indian Community as an allottee), shall execute a
waiver and release of all claims for water rights within the
State that the Fort Belknap Indian Community, or the United
States acting as trustee for the Fort Belknap Indian
Community, asserted or
[[Page S4184]]
could have asserted in any proceeding, including a State
stream adjudication, on or before the enforceability date,
except to the extent that such rights are recognized in the
Compact and this division.
(2) Waiver and release of claims by the united states as
trustee for allottees.--Subject to the reservation of rights
and the retention of claims under subsection (d), as
consideration for recognition of the Tribal water rights and
other benefits described in the Compact and this division,
the United States, acting as trustee for the allottees, shall
execute a waiver and release of all claims for water rights
within the Reservation that the United States, acting as
trustee for the allottees, asserted or could have asserted in
any proceeding, including a State stream adjudication, on or
before the enforceability date, except to the extent that
such rights are recognized in the Compact and this division.
(3) Waiver and release of claims by the fort belknap indian
community against the united states.--Subject to the
reservation of rights and retention of claims under
subsection (d), the Fort Belknap Indian Community, acting on
behalf of the Fort Belknap Indian Community and members of
the Fort Belknap Indian Community (but not any member of the
Fort Belknap Indian Community as an allottee), shall execute
a waiver and release of all claims against the United States
(including any agency or employee of the United States)--
(A) first arising before the enforceability date relating
to--
(i) water rights within the State that the United States,
acting as trustee for the Fort Belknap Indian Community,
asserted or could have asserted in any proceeding, including
a general stream adjudication in the State, except to the
extent that such rights are recognized as Tribal water rights
under this division;
(ii) foregone benefits from nontribal use of water, on and
off the Reservation (including water from all sources and for
all uses);
(iii) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights,
including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion of,
or taking of water, or claims relating to a failure to
protect, acquire, replace, or develop water, water rights, or
water infrastructure) within the State;
(iv) a failure to establish or provide a municipal rural or
industrial water delivery system on the Reservation;
(v) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of the Fort Belknap Indian Irrigation Project and
other Federal land and facilities (including damages, losses,
or injuries to Tribal fisheries, fish habitat, wildlife, and
wildlife habitat);
(vi) a failure to provide for operation and maintenance, or
deferred maintenance, for the Fort Belknap Indian Irrigation
Project or any other irrigation system or irrigation project;
(vii) the litigation of claims relating to any water rights
of the Fort Belknap Indian Community in the State;
(viii) the negotiation, execution, or adoption of the
Compact (including appendices) and this division;
(ix) the taking or acquisition of land or resources of the
Fort Belknap Indian Community for the construction or
operation of the Fort Belknap Indian Irrigation Project or
the Milk River Project; and
(x) the allocation of water of the Milk River and the St.
Mary River (including tributaries) between the United States
and Canada pursuant to the International Boundary Waters
Treaty of 1909 (36 Stat. 2448); and
(B) relating to damage, loss, or injury to water, water
rights, land, or natural resources due to mining activities
in the Little Rockies Mountains prior to the date of trust
acquisition, including damages, losses, or injuries to
hunting, fishing, gathering, or cultural rights.
(b) Effectiveness.--The waivers and releases under
subsection (a) shall take effect on the enforceability date.
(c) Objections in Montana Water Court.--Nothing in this
division or the Compact prohibits the Fort Belknap Indian
Community, a member of the Fort Belknap Indian Community, an
allottee, or the United States in any capacity from objecting
to any claim to a water right filed in any general stream
adjudication in the Montana Water Court.
(d) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases under subsection
(a), the Fort Belknap Indian Community, acting on behalf of
the Fort Belknap Indian Community and members of the Fort
Belknap Indian Community, and the United States, acting as
trustee for the Fort Belknap Indian Community and the
allottees shall retain--
(1) all claims relating to--
(A) the enforcement of water rights recognized under the
Compact, any final court decree relating to those water
rights, or this division or to water rights accruing on or
after the enforceability date;
(B) the quality of water under--
(i) CERCLA, including damages to natural resources;
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(iii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
(iv) any regulations implementing the Acts described in
clauses (i) through (iii);
(C) damage, loss, or injury to land or natural resources
that are--
(i) not due to loss of water or water rights (including
hunting, fishing, gathering, or cultural rights); and
(ii) not described in subsection (a)(3); and
(D) an action to prevent any person or party (as defined in
sections 29 and 30 of Article II of the Compact) from
interfering with the enjoyment of the Tribal water rights;
(2) all claims relating to off-Reservation hunting rights,
fishing rights, gathering rights, or other rights;
(3) all claims relating to the right to use and protect
water rights acquired after the date of enactment of this
Act;
(4) all claims relating to the allocation of waters of the
Milk River and the Milk River Project between the Fort
Belknap Indian Community and the Blackfeet Tribe, pursuant to
section 3705(e)(3) of the Blackfeet Water Rights Settlement
Act (Public Law 114-322; 130 Stat. 1818);
(5) all claims relating to the enforcement of this
division, including the required transfer of land under
section 11006; and
(6) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
division or the Compact.
(e) Effect of Compact and Division.--Nothing in the Compact
or this division--
(1) affects the authority of the Fort Belknap Indian
Community to enforce the laws of the Fort Belknap Indian
Community, including with respect to environmental
protections;
(2) affects the ability of the United States, acting as
sovereign, to carry out any activity authorized by law,
including--
(A) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) CERCLA; and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(3) affects the ability of the United States to act as
trustee for any other Indian Tribe or an allottee of any
other Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health, safety, or
the environment;
(B) to determine the duties of the United States or any
other party under Federal law relating to health, safety, or
the environment; or
(C) to conduct judicial review of any Federal agency
action;
(5) waives any claim of a member of the Fort Belknap Indian
Community in an individual capacity that does not derive from
a right of the Fort Belknap Indian Community;
(6) revives any claim adjudicated in the decision in Gros
Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006);
or
(7) revives any claim released by an allottee or member of
the Fort Belknap Indian Community in the settlement in Cobell
v. Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
(f) Enforceability Date.--The enforceability date shall be
the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(1) the eligible members of the Fort Belknap Indian
Community have voted to approve this division and the Compact
by a majority of votes cast on the day of the vote;
(2)(A) the Montana Water Court has approved the Compact in
a manner from which no further appeal may be taken; or
(B) if the Montana Water Court is found to lack
jurisdiction, the appropriate district court of the United
States has approved the Compact as a consent decree from
which no further appeal may be taken;
(3) all of the amounts authorized to be appropriated under
section 11014 have been appropriated and deposited in the
designated accounts;
(4) the Secretary and the Fort Belknap Indian Community
have executed the allocation agreement described in section
11007(c)(1);
(5) the State has provided the required funding into the
Fort Belknap Indian Community Tribal Irrigation and Other
Water Resources Development Account of the Trust Fund
pursuant to section 11014(a)(3); and
(6) the waivers and releases under subsection (a) have been
executed by the Fort Belknap Indian Community and the
Secretary.
(g) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the
enforceability date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitations or time-
based equitable defense that expired before the date of
enactment of this Act.
(h) Expiration.--
(1) In general.--This division shall expire in any case in
which--
(A) the amounts authorized to be appropriated by this
division have not been made available to the Secretary by not
later than--
(i) January 21, 2034; and
(ii) such alternative later date as is agreed to by the
Fort Belknap Indian Community and the Secretary; or
[[Page S4185]]
(B) the Secretary fails to publish a statement of findings
under subsection (f) by not later than--
(i) January 21, 2035; and
(ii) such alternative later date as is agreed to by the
Fort Belknap Indian Community and the Secretary, after
providing reasonable notice to the State.
(2) Consequences.--If this division expires under paragraph
(1)--
(A) the waivers and releases under subsection (a) shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation, and
execution of the Compact under section 11004 shall no longer
be effective;
(C) any action carried out by the Secretary, and any
contract or agreement entered into, pursuant to this division
shall be void;
(D) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
division, together with any interest earned on those funds,
and any water rights or contracts to use water and title to
other property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized by this division shall be returned to the Federal
Government, unless otherwise agreed to by the Fort Belknap
Indian Community and the United States and approved by
Congress; and
(E) except for Federal funds used to acquire or construct
property that is returned to the Federal Government under
subparagraph (D), the United States shall be entitled to
offset any Federal funds made available to carry out this
division that were expended or withdrawn, or any funds made
available to carry out this division from other Federal
authorized sources, together with any interest accrued on
those funds, against any claims against the United States--
(i) relating to--
(I) water rights in the State asserted by--
(aa) the Fort Belknap Indian Community; or
(bb) any user of the Tribal water rights; or
(II) any other matter described in subsection (a)(3); or
(ii) in any future settlement of water rights of the Fort
Belknap Indian Community or an allottee.
SEC. 11012. AANIIIH NAKODA SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust
fund for the Fort Belknap Indian Community, to be known as
the ``Aaniiih Nakoda Settlement Trust Fund'', to be managed,
invested, and distributed by the Secretary and to remain
available until expended, withdrawn, or reverted to the
general fund of the Treasury, consisting of the amounts
deposited in the Trust Fund under subsection (c), together
with any investment earnings, including interest, earned on
those amounts, for the purpose of carrying out this division.
(b) Accounts.--The Secretary shall establish in the Trust
Fund the following accounts:
(1) The Fort Belknap Indian Community Tribal Irrigation and
Other Water Resources Development Account.
(2) The Fort Belknap Indian Community Water Resources and
Water Rights Administration, Operation, and Maintenance
Account.
(3) The Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Fort Belknap Indian Community Tribal Irrigation
and Other Water Resources Development Account established
under subsection (b)(1), the amounts made available pursuant
to paragraphs (1)(A) and (2)(A)(i) of section 11014(a);
(2) in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account established under subsection (b)(2), the amounts made
available pursuant to section 11014(a)(2)(A)(ii); and
(3) in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account established under subsection (b)(3), the amounts made
available pursuant to paragraphs (1)(B) and (2)(A)(iii) of
section 11014(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into
the accounts in the Trust Fund pursuant to subsection (c),
the Secretary shall manage, invest, and distribute all
amounts in the Trust Fund in accordance with the investment
authority of the Secretary under--
(A) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the amounts
deposited under subsection (c), any investment earnings,
including interest, credited to amounts held in the Trust
Fund shall be available for use in accordance with
subsections (e) and (g).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, including
interest, earned on those amounts shall be made available--
(A) to the Fort Belknap Indian Community by the Secretary
beginning on the enforceability date; and
(B) subject to the uses and restrictions in this section.
(2) Exceptions.--Notwithstanding paragraph (1)--
(A) amounts deposited in the Fort Belknap Indian Community
Tribal Irrigation and Other Water Resources Development
Account established under subsection (b)(1) shall be
available to the Fort Belknap Indian Community on the date on
which the amounts are deposited for uses described in
subparagraph (A) and (B) of subsection (g)(1);
(B) amounts deposited in the Fort Belknap Indian Community
Water Resources and Water Rights Administration, Operation,
and Maintenance Account established under subsection (b)(2)
shall be made available to the Fort Belknap Indian Community
on the date on which the amounts are deposited and the Fort
Belknap Indian Community has satisfied the requirements of
section 11011(f)(1), for the uses described in subsection
(g)(2)(A); and
(C) amounts deposited in the Fort Belknap Indian Community
Clean and Safe Domestic Water and Sewer Systems, and Lake
Elwell Project Account established under subsection (b)(3)
shall be available to the Fort Belknap Indian Community on
the date on which the amounts are deposited for the uses
described in subsection (g)(3)(A).
(f) Withdrawals.--
(1) American indian trust fund management reform act of
1994.--
(A) In general.--The Fort Belknap Indian Community may
withdraw any portion of the funds in the Trust Fund on
approval by the Secretary of a Tribal management plan
submitted by the Fort Belknap Indian Community in accordance
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Tribal management plan under
this paragraph shall require that the Fort Belknap Indian
Community spend all amounts withdrawn from the Trust Fund,
and any investment earnings accrued through the investments
under the Tribal management plan, in accordance with this
division.
(C) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary--
(i) to enforce the Tribal management plan; and
(ii) to ensure that amounts withdrawn from the Trust Fund
by the Fort Belknap Indian Community under this paragraph are
used in accordance with this division.
(2) Withdrawals under expenditure plan.--
(A) In general.--The Fort Belknap Indian Community may
submit to the Secretary a request to withdraw funds from the
Trust Fund pursuant to an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw funds under
an expenditure plan under this paragraph, the Fort Belknap
Indian Community shall submit to the Secretary for approval
an expenditure plan for any portion of the Trust Fund that
the Fort Belknap Indian Community elects to withdraw pursuant
to this paragraph, subject to the condition that the funds
shall be used for the purposes described in this division.
(C) Inclusions.--An expenditure plan under this paragraph
shall include a description of the manner and purpose for
which the amounts proposed to be withdrawn from the Trust
Fund will be used by the Fort Belknap Indian Community in
accordance with subsections (e) and (g).
(D) Approval.--On receipt of an expenditure plan under this
paragraph, the Secretary shall approve the expenditure plan
if the Secretary determines that the expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes
of this division.
(E) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan under this paragraph
to ensure that amounts disbursed under this paragraph are
used in accordance with this division.
(g) Uses.--Amounts from the Trust Fund shall be used by the
Fort Belknap Indian Community for the following purposes:
(1) Fort belknap indian community tribal irrigation and
other water resources development account.--Amounts in the
Fort Belknap Indian Community Tribal Irrigation and Other
Water Resources Development Account established under
subsection (b)(1) shall be used to pay the cost of activities
relating to--
(A) planning, studies, and design of the Southern Tributary
Irrigation Project and the Peoples Creek Irrigation Project,
including the Upper Peoples Creek Dam and Reservoir, as
generally described in the document of Natural Resources
Consulting Engineers, Inc., entitled ``Fort Belknap Indian
Community Comprehensive Water Development Plan'' and dated
February 2019;
(B) environmental compliance;
(C) construction of the Southern Tributary Irrigation
Project and the Peoples Creek Irrigation Project, including
the Upper Peoples Creek Dam and Reservoir;
(D) wetlands restoration and development;
(E) stock watering infrastructure; and
[[Page S4186]]
(F) on farm development support and reacquisition of fee
lands within the Fort Belknap Indian Irrigation Project and
Fort Belknap Indian Community irrigation projects within the
Reservation.
(2) Fort belknap indian community water resources and water
rights administration, operation, and maintenance account.--
Amounts in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account established under subsection (b)(2), the principal
and investment earnings, including interest, may only be used
by the Fort Belknap Indian Community to pay the costs of
activities described in subparagraphs (A) through (C) as
follows:
(A) $9,000,000 shall be used for the establishment,
operation, and capital expenditures in connection with the
administration of the Tribal water resources and water rights
development, including the development or enactment of a
Tribal water code.
(B) Only investment earnings, including interest, on
$29,299,059 shall be used and be available to pay the costs
of activities for administration, operations, and regulation
of the Tribal water resources and water rights department, in
accordance with the Compact and this division.
(C) Only investment earnings, including interest, on
$28,331,693 shall be used and be available to pay the costs
of activities relating to a portion of the annual assessment
costs for the Fort Belknap Indian Community and Tribal
members, including allottees, under the Fort Belknap Indian
Irrigation Project and Fort Belknap Indian Community
irrigation projects within the Reservation.
(3) Fort belknap indian community clean and safe domestic
water and sewer systems, and lake elwell project account.--
Amounts in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account established under subsection (b)(3), the principal
and investment earnings, including interest, may only be used
by the Fort Belknap Indian Community to pay the costs of
activities relating to--
(A) planning, studies, design, and environmental compliance
of domestic water supply, and sewer collection and treatment
systems, as generally described in the document of Natural
Resources Consulting Engineers, Inc., entitled ``Fort Belknap
Indian Community Comprehensive Water Development Plan'' and
dated February 2019, including the Lake Elwell Project water
delivery to the southern part of the Reservation;
(B) construction of domestic water supply, sewer
collection, and treatment systems;
(C) construction, in accordance with applicable law, of
infrastructure for delivery of Lake Elwell water diverted
from the Missouri River to the southern part of the
Reservation; and
(D) planning, studies, design, environmental compliance,
and construction of a Tribal wellness center for a work force
health and wellbeing project.
(h) Liability.--The Secretary shall not be liable for any
expenditure or investment of amounts withdrawn from the Trust
Fund by the Fort Belknap Indian Community pursuant to
subsection (f).
(i) Project Efficiencies.--If the total cost of the
activities described in subsection (g) results in cost
savings and is less than the amounts authorized to be
obligated under any of paragraphs (1) through (3) of that
subsection required to carry out those activities, the
Secretary, at the request of the Fort Belknap Indian
Community, shall deposit those savings in the Trust Fund to
be used in accordance with that subsection.
(j) Annual Report.--The Fort Belknap Indian Community shall
submit to the Secretary an annual expenditure report
describing accomplishments and amounts spent from use of
withdrawals under a Tribal management plan or an expenditure
plan described in this section.
(k) No Per Capita Payments.--No principal or interest
amount in any account established by this section shall be
distributed to any member of the Fort Belknap Indian
Community on a per capita basis.
(l) Effect.--Nothing in this division entitles the Fort
Belknap Indian Community to judicial review of a
determination of the Secretary regarding whether to approve a
Tribal management plan under subsection (f)(1) or an
expenditure plan under subsection (f)(2), except as provided
under subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'').
SEC. 11013. FORT BELKNAP INDIAN COMMUNITY WATER SETTLEMENT
IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of
the United States a non-trust, interest-bearing account to be
known as the ``Fort Belknap Indian Community Water Settlement
Implementation Fund'', to be managed and distributed by the
Secretary, for use by the Secretary for carrying out this
division.
(b) Accounts.--The Secretary shall establish in the
Implementation Fund the following accounts:
(1) The Fort Belknap Indian Irrigation Project System
Account.
(2) The Milk River Project Mitigation Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Fort Belknap Indian Irrigation Project System
Account established under subsection (b)(1), the amount made
available pursuant to paragraphs (1)(C) and (2)(A)(iv) of
section 11014(a); and
(2) in the Milk River Project Mitigation Account
established under subsection (b)(2), the amount made
available pursuant to section 11014(a)(1)(D).
(d) Uses.--
(1) Fort belknap indian irrigation project system
account.--The Fort Belknap Indian Irrigation Project
Rehabilitation Account established under subsection (b)(1)
shall be used to carry out section 11009, except as provided
in subsection (h) of that section.
(2) Milk river project mitigation account.--The Milk River
Project Mitigation Account established under subsection
(b)(2) may only be used to carry out section 11008.
(e) Management.--
(1) In general.--Amounts in the Implementation Fund shall
not be available to the Secretary for expenditure until the
enforceability date.
(2) Exception.--Notwithstanding paragraph (1), amounts
deposited in the Fort Belknap Indian Irrigation Project
System Account established under subsection (b)(1) shall be
available to the Secretary on the date on which the amounts
are deposited for uses described in paragraphs (1) and (2) of
section 11009(a).
(f) Interest.--In addition to the deposits under subsection
(c), any interest credited to amounts unexpended in the
Implementation Fund are authorized to be appropriated to be
used in accordance with the uses described in subsection (d).
SEC. 11014. FUNDING.
(a) Funding.--
(1) Authorization of appropriations.--Subject to subsection
(b), there are authorized to be appropriated to the
Secretary--
(A) for deposit in the Fort Belknap Indian Community Tribal
Irrigation and Other Water Resources Development Account of
the Trust Fund established under section 11012(b)(1),
$89,643,100, to be retained until expended, withdrawn, or
reverted to the general fund of the Treasury;
(B) for deposit in the Fort Belknap Indian Community Clean
and Safe Domestic Water and Sewer Systems, and Lake Elwell
Project Account of the Trust Fund established under section
11012(b)(3), $331,885,220, to be retained until expended,
withdrawn, or reverted to the general fund of the Treasury;
(C) for deposit in the Fort Belknap Indian Irrigation
Project System Account of the Implementation Fund established
under section 11013(b)(1), such sums as are necessary, but
not more than $187,124,469, for the Secretary to carry out
section 11009, to be retained until expended, withdrawn, or
reverted to the general fund of the Treasury; and
(D) for deposit in the Milk River Project Mitigation
Account of the Implementation Fund established under section
11013(b)(2), such sums as are necessary, but not more than
$300,000,000, for the Secretary to carry out obligations of
the Secretary under section 11008, to be retained until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(2) Mandatory appropriations.--
(A) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
deposit--
(i) in the Fort Belknap Indian Community Tribal Irrigation
and Other Water Resources Development Account of the Trust
Fund established under section 11012(b)(1), $29,881,034, to
be retained until expended, withdrawn, or reverted to the
general fund of the Treasury;
(ii) in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account of the Trust Fund established under section
11012(b)(2), $66,630,752;
(iii) in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account of the Trust Fund established under section
11012(b)(3), $110,628,407; and
(iv) in the Fort Belknap Indian Irrigation Project System
Account of the Implementation Fund established under section
11013(b)(1), $228,707,684.
(B) Availability.--Amounts deposited in the accounts under
subparagraph (A) shall be available without further
appropriation.
(3) State cost share.--The State shall contribute
$5,000,000, plus any earned interest, payable to the
Secretary for deposit in the Fort Belknap Indian Community
Tribal Irrigation and Other Water Resources Development
Account of the Trust Fund established under section
11012(b)(1) on approval of a final decree by the Montana
Water Court for the purpose of activities relating to the
Upper Peoples Creek Dam and Reservoir under subparagraphs (A)
through (C) of section 11012(g)(1).
(b) Fluctuation in Costs.--
(1) In general.--The amounts authorized to be appropriated
under paragraphs (1) and (2) of subsection (a) and this
subsection shall be--
(A) increased or decreased, as appropriate, by such amounts
as may be justified by reason of ordinary fluctuations in
costs occurring after the date of enactment of this Act as
indicated by the Bureau of Reclamation Construction Cost
Index--Composite Trend; and
(B) adjusted to address construction cost changes necessary
to account for unforeseen market volatility that may not
otherwise be
[[Page S4187]]
captured by engineering cost indices as determined by the
Secretary, including repricing applicable to the types of
construction and current industry standards involved.
(2) Repetition.--The adjustment process under paragraph (1)
shall be repeated for each subsequent amount appropriated
until the amount authorized to be appropriated under
subsection (a), as adjusted, has been appropriated.
(3) Period of indexing.--
(A) Trust fund.--With respect to the Trust Fund, the period
of indexing adjustment under paragraph (1) for any increment
of funding shall end on the date on which the funds are
deposited into the Trust Fund.
(B) Implementation fund.--With respect to the
Implementation Fund, the period of adjustment under paragraph
(1) for any increment of funding shall be annually.
SEC. 11015. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity by the United States.--
Except as provided in subsections (a) through (c) of section
208 of the Department of Justice Appropriation Act, 1953 (43
U.S.C. 666), nothing in this division waives the sovereign
immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this
division quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
Tribe, band, or community other than the Fort Belknap Indian
Community.
(c) Elimination of Debts or Liens Against Allotments of the
Fort Belknap Indian Community Members Within the Fort Belknap
Indian Irrigation Project.--On the date of enactment of this
Act, the Secretary shall cancel and eliminate all debts or
liens against the allotments of land held by the Fort Belknap
Indian Community and the members of the Fort Belknap Indian
Community due to construction assessments and annual
operation and maintenance charges relating to the Fort
Belknap Indian Irrigation Project.
(d) Effect on Current Law.--Nothing in this division
affects any provision of law (including regulations) in
effect on the day before the date of enactment of this Act
with respect to pre-enforcement review of any Federal
environmental enforcement action.
(e) Effect on Reclamation Laws.--The activities carried out
by the Commissioner under this division shall not establish a
precedent or impact the authority provided under any other
provision of the reclamation laws, including--
(1) the Reclamation Rural Water Supply Act of 2006 (43
U.S.C. 2401 et seq.); and
(2) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991).
(f) Additional Funding.--Nothing in this division prohibits
the Fort Belknap Indian Community from seeking--
(1) additional funds for Tribal programs or purposes; or
(2) funding from the United States or the State based on
the status of the Fort Belknap Indian Community as an Indian
Tribe.
(g) Rights Under State Law.--Except as provided in section
1 of Article III of the Compact (relating to the closing of
certain water basins in the State to new appropriations in
accordance with the laws of the State), nothing in this
division or the Compact precludes the acquisition or exercise
of a right arising under State law (as defined in section 6
of Article II of the Compact) to the use of water by the Fort
Belknap Indian Community, or a member or allottee of the Fort
Belknap Indian Community, outside the Reservation by--
(1) purchase of the right; or
(2) submitting to the State an application in accordance
with State law.
(h) Water Storage and Importation.--Nothing in this
division or the Compact prevents the Fort Belknap Indian
Community from participating in any project to import water
to, or to add storage in, the Milk River Basin.
SEC. 11016. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this
division, including any obligation or activity under the
Compact, if--
(1) adequate appropriations are not provided by Congress
expressly to carry out the purposes of this division; or
(2) there are not enough funds available in the Reclamation
Water Settlements Fund established by section 10501(a) of the
Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a))
to carry out the purposes of this division.
DIVISION L--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
TITLE LXIX--FEDERAL DATA AND INFORMATION SECURITY
Subtitle A--Federal Data Center Enhancement Act of 2023
SEC. 11001. SHORT TITLE.
This subtitle may be cited as the ``Federal Data Center
Enhancement Act of 2023''.
SEC. 11002. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE
AMENDMENTS.
(a) Findings.--Congress finds the following:
(1) The statutory authorization for the Federal Data Center
Optimization Initiative under section 834 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law
113-291) expired at the end of fiscal year 2022.
(2) The expiration of the authorization described in
paragraph (1) presents Congress with an opportunity to review
the objectives of the Federal Data Center Optimization
Initiative to ensure that the initiative is meeting the
current needs of the Federal Government.
(3) The initial focus of the Federal Data Center
Optimization Initiative, which was to consolidate data
centers and create new efficiencies, has resulted in, since
2010--
(A) the consolidation of more than 6,000 Federal data
centers; and
(B) cost savings and avoidance of $5,800,000,000.
(4) The need of the Federal Government for access to data
and data processing systems has evolved since the date of
enactment in 2014 of subtitle D of title VIII of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015.
(5) Federal agencies and employees involved in mission
critical functions increasingly need reliable access to
secure, reliable, and protected facilities to house mission
critical data and data operations to meet the immediate needs
of the people of the United States.
(6) As of the date of enactment of this subtitle, there is
a growing need for Federal agencies to use data centers and
cloud applications that meet high standards for
cybersecurity, resiliency, and availability.
(b) Minimum Requirements for New Data Centers.--Section 834
of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (44 U.S.C.
3601 note; Public Law 113-291) is amended--
(1) in subsection (a), by striking paragraphs (3) and (4)
and inserting the following:
``(3) New data center.--The term `new data center' means--
``(A)(i) a data center or a portion thereof that is owned,
operated, or maintained by a covered agency; or
``(ii) to the extent practicable, a data center or portion
thereof--
``(I) that is owned, operated, or maintained by a
contractor on behalf of a covered agency on the date on which
the contract between the covered agency and the contractor
expires; and
``(II) with respect to which the covered agency extends the
contract, or enters into a new contract, with the contractor;
and
``(B) on or after the date that is 180 days after the date
of enactment of the Federal Data Center Enhancement Act of
2023, a data center or portion thereof that is--
``(i) established; or
``(ii) substantially upgraded or expanded.'';
(2) by striking subsection (b) and inserting the following:
``(b) Minimum Requirements for New Data Centers.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Federal Data Center Enhancement Act of
2023, the Administrator shall establish minimum requirements
for new data centers in consultation with the Administrator
of General Services and the Federal Chief Information
Officers Council.
``(2) Contents.--
``(A) In general.--The minimum requirements established
under paragraph (1) shall include requirements relating to--
``(i) the availability of new data centers;
``(ii) the use of new data centers;
``(iii) uptime percentage;
``(iv) protections against power failures, including on-
site energy generation and access to multiple transmission
paths;
``(v) protections against physical intrusions and natural
disasters;
``(vi) information security protections required by
subchapter II of chapter 35 of title 44, United States Code,
and other applicable law and policy; and
``(vii) any other requirements the Administrator determines
appropriate.
``(B) Consultation.--In establishing the requirements
described in subparagraph (A)(vi), the Administrator shall
consult with the Director of the Cybersecurity and
Infrastructure Security Agency and the National Cyber
Director.
``(3) Incorporation of minimum requirements into current
data centers.--As soon as practicable, and in any case not
later than 90 days after the Administrator establishes the
minimum requirements pursuant to paragraph (1), the
Administrator shall issue guidance to ensure, as appropriate,
that covered agencies incorporate the minimum requirements
established under that paragraph into the operations of any
data center of a covered agency existing as of the date of
enactment of the Federal Data Center Enhancement Act of 2023.
``(4) Review of requirements.--The Administrator, in
consultation with the Administrator of General Services and
the Federal Chief Information Officers Council, shall review,
update, and modify the minimum requirements established under
paragraph (1), as necessary.
``(5) Report on new data centers.--During the development
and planning lifecycle of a new data center, if the head of a
covered agency determines that the covered agency is likely
to make a management or financial decision relating to any
data center, the head of the covered agency shall--
``(A) notify--
``(i) the Administrator;
``(ii) Committee on Homeland Security and Governmental
Affairs of the Senate; and
[[Page S4188]]
``(iii) Committee on Oversight and Accountability of the
House of Representatives; and
``(B) describe in the notification with sufficient detail
how the covered agency intends to comply with the minimum
requirements established under paragraph (1).
``(6) Use of technology.--In determining whether to
establish or continue to operate an existing data center, the
head of a covered agency shall--
``(A) regularly assess the application portfolio of the
covered agency and ensure that each at-risk legacy
application is updated, replaced, or modernized, as
appropriate, to take advantage of modern technologies; and
``(B) prioritize and, to the greatest extent possible,
leverage commercial cloud environments rather than acquiring,
overseeing, or managing custom data center infrastructure.
``(7) Public website.--
``(A) In general.--The Administrator shall maintain a
public-facing website that includes information, data, and
explanatory statements relating to the compliance of covered
agencies with the requirements of this section.
``(B) Processes and procedures.--In maintaining the website
described in subparagraph (A), the Administrator shall--
``(i) ensure covered agencies regularly, and not less
frequently than biannually, update the information, data, and
explanatory statements posed on the website, pursuant to
guidance issued by the Administrator, relating to any new
data centers and, as appropriate, each existing data center
of the covered agency; and
``(ii) ensure that all information, data, and explanatory
statements on the website are maintained as open Government
data assets.''; and
(3) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) In general.--The head of a covered agency shall
oversee and manage the data center portfolio and the
information technology strategy of the covered agency in
accordance with Federal cybersecurity guidelines and
directives, including--
``(A) information security standards and guidelines
promulgated by the Director of the National Institute of
Standards and Technology;
``(B) applicable requirements and guidance issued by the
Director of the Office of Management and Budget pursuant to
section 3614 of title 44, United States Code; and
``(C) directives issued by the Secretary of Homeland
Security under section 3553 of title 44, United States
Code.''.
(c) Extension of Sunset.--Section 834(e) of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law
113-291) is amended by striking ``2022'' and inserting
``2026''.
(d) GAO Review.--Not later than 1 year after the date of
the enactment of this subtitle, and annually thereafter, the
Comptroller General of the United States shall review,
verify, and audit the compliance of covered agencies with the
minimum requirements established pursuant to section
834(b)(1) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (44
U.S.C. 3601 note; Public Law 113-291) for new data centers
and subsection (b)(3) of that section for existing data
centers, as appropriate.
TITLE LXX--STEMMING THE FLOW OF ILLICIT NARCOTICS
Subtitle A--Enhancing DHS Drug Seizures Act
SEC. 11101. SHORT TITLE.
This subtitle may be cited as the ``Enhancing DHS Drug
Seizures Act''.
SEC. 11102. COORDINATION AND INFORMATION SHARING.
(a) Public-private Partnerships.--
(1) Strategy.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall develop a strategy to strengthen existing and establish
new public-private partnerships with shipping, chemical, and
pharmaceutical industries to assist with early detection and
interdiction of illicit drugs and precursor chemicals.
(2) Contents.--The strategy required under paragraph (1)
shall contain goals and objectives for employees of the
Department of Homeland Security to ensure the tactics,
techniques, and procedures gained from the public-private
partnerships described in paragraph (1) are included in
policies, best practices, and training for the Department.
(3) Implementation plan.--Not later than 180 days after
developing the strategy required under paragraph (1), the
Secretary of Homeland Security shall develop an
implementation plan for the strategy, which shall outline
departmental lead and support roles, responsibilities,
programs, and timelines for accomplishing the goals and
objectives of the strategy.
(4) Briefing.--The Secretary of Homeland Security shall
provide annual briefings to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives regarding the progress made in addressing the
implementation plan developed pursuant to paragraph (3).
(b) Assessment of Drug Task Forces.--
(1) In general.--The Secretary of Homeland Security shall
conduct an assessment of the counterdrug task forces in which
the Department of Homeland Security, including components of
the Department, participates in or leads, which shall
include--
(A) areas of potential overlap;
(B) opportunities for sharing information and best
practices;
(C) how the Department's processes for ensuring
accountability and transparency in its vetting and oversight
of partner agency task force members align with best
practices; and
(D) corrective action plans for any capability limitations
and deficient or negative findings identified in the report
for any such task forces led by the Department.
(2) Coordination.--In conducting the assessment required
under paragraph (1), with respect to counterdrug task forces
that include foreign partners, the Secretary of Homeland
Security shall coordinate with the Secretary of State.
(3) Report.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that
contains a summary of the results of the assessment conducted
pursuant to paragraph (1).
(B) Foreign partners.--If the report submitted under
subparagraph (A) includes information about counterdrug
forces that include foreign partners, the Secretary of
Homeland Security shall submit the report to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(4) Corrective action plan.--The Secretary of Homeland
Security shall--
(A) implement the corrective action plans described in
paragraph (1)(D) immediately after the submission of the
report pursuant to paragraph (2); and
(B) provide annual briefings to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives regarding the progress made in implementing
the corrective action plans.
(c) Combination of Briefings.--The Secretary of Homeland
Security may combine the briefings required under subsections
(a)(4) and (b)(3)(B) and provide such combined briefings
through fiscal year 2026.
SEC. 11103. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY
PERSONNEL DEPLOYED ABROAD.
(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
inserting after section 881 the following:
``SEC. 881A. DANGER PAY ALLOWANCE.
``(a) Authorization.--An employee of the Department, while
stationed in a foreign area, may be granted a danger pay
allowance, not to exceed 35 percent of the basic pay of such
employee, for any period during which such foreign area
experiences a civil insurrection, a civil war, ongoing
terrorist acts, or wartime conditions that threaten physical
harm or imminent danger to the health or well-being of such
employee.
``(b) Notice.--Before granting or terminating a danger pay
allowance to any employee pursuant to subsection (a), the
Secretary, after consultation with the Secretary of State,
shall notify the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security
of the House of Representatives, and the Committee on Foreign
Affairs of the House of Representatives of--
``(1) the intent to make such payments and the
circumstances justifying such payments; or
``(2) the intent to terminate such payments and the
circumstances justifying such termination.''.
SEC. 11104. IMPROVING TRAINING TO FOREIGN-VETTED LAW
ENFORCEMENT OR NATIONAL SECURITY UNITS.
The Secretary of Homeland Security, or the designee of the
Secretary, may, with the concurrence of the Secretary of
State, provide training to foreign-vetted law enforcement or
national security units and may waive reimbursement for
salary expenses of such Department of Homeland Security
personnel, in accordance with an agreement with the
Department of Defense pursuant to section 1535 of title 31,
United States Code.
SEC. 11105. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND
BORDER PROTECTION IN FOREIGN COUNTRIES.
Section 411(f) of the Homeland Security Act of 2002 (6
U.S.C. 211(f)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Permissible activities.--
``(A) In general.--Employees of U.S. Customs and Border
Protection and other customs officers designated in
accordance with the authorities granted to officers and
agents of Air and Marine Operations may, with the concurrence
of the Secretary of State, provide the support described in
subparagraph (B) to authorities of the government of a
foreign country if an arrangement has been entered into
between the Government of the United States and the
government of such country that permits such support by such
employees and officers.
``(B) Support described.--The support described in this
subparagraph is support for--
``(i) the monitoring, locating, tracking, and deterrence
of--
``(I) illegal drugs to the United States;
[[Page S4189]]
``(II) the illicit smuggling of persons and goods into the
United States;
``(III) terrorist threats to the United States; and
``(IV) other threats to the security or economy of the
United States;
``(ii) emergency humanitarian efforts; and
``(iii) law enforcement capacity-building efforts.
``(C) Payment of claims.--
``(i) In general.--Subject to clauses (ii) and (iv), the
Secretary, with the concurrence of the Secretary of State,
may expend funds that have been appropriated or otherwise
made available for the operating expenses of the Department
to pay claims for money damages against the United States, in
accordance with the first paragraph of section 2672 of title
28, United States Code, which arise in a foreign country in
connection with U.S. Customs and Border Protection operations
in such country.
``(ii) Submission deadline.--A claim may be allowed under
clause (i) only if it is presented not later than 2 years
after it accrues.
``(iii) Report.--Not later than 90 days after the date on
which the expenditure authority under clause (i) expires
pursuant to clause (iv), the Secretary shall submit a report
to the Committee on Homeland Security and Governmental
Affairs and the Committee on Foreign Relations of the Senate
and the Committee on Homeland Security and Committee on
Foreign Affairs of the House of Representatives that
describes, for each of the payments made pursuant to clause
(i)--
``(I) the foreign entity that received such payment;
``(II) the amount paid to such foreign entity;
``(III) the country in which such foreign entity resides or
has its principal place of business; and
``(IV) a detailed account of the circumstances justify such
payment.
``(iv) Sunset.--The expenditure authority under clause (i)
shall expire on the date that is 5 years after the date of
the enactment of the Enhancing DHS Drug Seizures Act.''.
SEC. 11106. DRUG SEIZURE DATA IMPROVEMENT.
(a) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall conduct a study to identify any opportunities for
improving drug seizure data collection.
(b) Elements.--The study required under subsection (a)
shall--
(1) include a survey of the entities that use drug seizure
data; and
(2) address--
(A) any additional data fields or drug type categories that
should be added to U.S. Customs and Border Protection's
SEACATS, U.S. Border Patrol's e3 portal, and any other
systems deemed appropriate by the Commissioner of U.S.
Customs and Border Protection, in accordance with the first
recommendation in the Government Accountability Office's
report GAO-22-104725, entitled ``Border Security: CBP Could
Improve How It Categorizes Drug Seizure Data and Evaluates
Training'';
(B) how all the Department of Homeland Security components
that collect drug seizure data can standardize their data
collection efforts and deconflict drug seizure reporting;
(C) how the Department of Homeland Security can better
identify, collect, and analyze additional data on precursor
chemicals, synthetic drugs, novel psychoactive substances,
and analogues that have been seized by U.S. Customs and
Border Protection and U.S. Immigration and Customs
Enforcement; and
(D) how the Department of Homeland Security can improve its
model of anticipated drug flow into the United States.
(c) Implementation of Findings.--Following the completion
of the study required under subsection (a)--
(1) the Secretary of Homeland Security, in accordance with
the Office of National Drug Control Policy's 2022 National
Drug Control Strategy, shall modify Department of Homeland
Security drug seizure policies and training programs, as
appropriate, consistent with the findings of such study; and
(2) the Commissioner of U.S. Customs and Border Protection,
in consultation with the Director of U.S. Immigration and
Customs Enforcement, shall make any necessary updates to
relevant systems to include the results of confirmatory drug
testing results.
SEC. 11107. DRUG PERFORMANCE MEASURES.
Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security shall develop
and implement a plan to ensure that components of the
Department of Homeland Security develop and maintain outcome-
based performance measures that adequately assess the success
of drug interdiction efforts and how to utilize the existing
drug-related metrics and performance measures to achieve the
missions, goals, and targets of the Department.
SEC. 11108. PENALTIES FOR HINDERING IMMIGRATION, BORDER, AND
CUSTOMS CONTROLS.
(a) Personnel and Structures.--Title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.) is amended by
inserting after section 274D the following:
``SECTION 274E. DESTROYING OR EVADING BORDER CONTROLS.
``(a) In General.--It shall be unlawful to knowingly and
without lawful authorization--
``(1)(A) destroy or significantly damage any fence,
barrier, sensor, camera, or other physical or electronic
device deployed by the Federal Government to control an
international border of, or a port of entry to, the United
States; or
``(B) otherwise construct, excavate, or make any structure
intended to defeat, circumvent or evade such a fence,
barrier, sensor camera, or other physical or electronic
device deployed by the Federal Government to control an
international border of, or a port of entry to, the United
States; and
``(2) in carrying out an act described in paragraph (1),
have the intent to knowingly and willfully--
``(A) secure a financial gain;
``(B) further the objectives of a criminal organization;
and
``(C) violate--
``(i) section 274(a)(1)(A)(i);
``(ii) the customs and trade laws of the United States (as
defined in section 2(4) of the Trade Facilitation and Trade
Enforcement Act of 2015 (Public Law 114-125));
``(iii) any other Federal law relating to transporting
controlled substances, agriculture, or monetary instruments
into the United States; or
``(iv) any Federal law relating to border controls measures
of the United States.
``(b) Penalty.--Any person who violates subsection (a)
shall be fined under title 18, United States Code, imprisoned
for not more than 5 years, or both.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 274D
the following:
``Sec. 274E. Destroying or evading border controls.''.
Subtitle B--Non-Intrusive Inspection Expansion Act
SEC. 11111. SHORT TITLE.
This subtitle may be cited as the ``Non-Intrusive
Inspection Expansion Act''.
SEC. 11112. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND
PORTS OF ENTRY.
(a) Fiscal Year 2026.--Using non-intrusive inspection
systems acquired through previous appropriations Acts,
beginning not later than September 30, 2026, U.S. Customs and
Border Protection shall use non-intrusive inspection systems
at land ports of entry to scan, cumulatively, at ports of
entry where systems are in place by the deadline, not fewer
than--
(1) 40 percent of passenger vehicles entering the United
States; and
(2) 90 percent of commercial vehicles entering the United
States.
(b) Subsequent Fiscal Years.--Beginning in fiscal year
2027, U.S. Customs and Border Protection shall use non-
intrusive inspection systems at land ports of entry to reach
the next projected benchmark for incremental scanning of
passenger and commercial vehicles entering the United States
at such ports of entry.
(c) Briefing.--Not later than May 30, 2026, the
Commissioner of U.S. Customs and Border Protection 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 the progress made
during the first half of fiscal year 2026 in achieving the
scanning benchmarks described in subsection (a).
(d) Report.--If the scanning benchmarks described in
subsection (a) are not met by the end of fiscal year 2026,
not later than 120 days after the end of that fiscal year,
the Commissioner of U.S. Customs and Border Protection shall
submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that--
(1) analyzes the causes for not meeting such requirements;
(2) identifies any resource gaps and challenges; and
(3) details the steps that will be taken to ensure
compliance with such requirements in the subsequent fiscal
year.
SEC. 11113. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUTBOUND
INSPECTIONS.
(a) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner of U.S. Customs
and Border Protection shall submit a strategy to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives for increasing sustained outbound
inspection operations at land ports of entry that includes--
(1) the number of existing and planned outbound inspection
lanes at each port of entry;
(2) infrastructure limitations that limit the ability of
U.S. Customs and Border Protection to deploy non-intrusive
inspection systems for outbound inspections;
(3) the number of additional non-intrusive inspection
systems that are necessary to increase scanning capacity for
outbound inspections; and
(4) plans for funding and acquiring the systems described
in paragraph (3).
(b) Implementation.--Beginning not later than September 30,
2026, U.S. Customs and Border Protection shall use non-
intrusive inspection systems at land ports of entry to scan
not fewer than 10 percent of all vehicles exiting the United
States through land ports of entry.
SEC. 11114. GAO REVIEW AND REPORT.
(a) Review.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of the use by U.S. Customs and
Border Protection of non-intrusive inspection systems for
border security.
[[Page S4190]]
(2) Elements.--The review required under paragraph (1)
shall--
(A) identify--
(i) the number and types of non-intrusive inspection
systems deployed by U.S. Customs and Border Protection; and
(ii) the locations to which such systems have been
deployed; and
(B) examine the manner in which U.S. Customs and Border
Protection--
(i) assesses the effectiveness of such systems; and
(ii) uses such systems in conjunction with other border
security resources and assets, such as border barriers and
technology, to detect and interdict drug smuggling and
trafficking at the southwest border of the United States.
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives containing the findings of
the review conducted pursuant to subsection (a).
Subtitle C--Securing America's Ports of Entry Act of 2023
SEC. 11121. SHORT TITLE.
This subtitle may be cited as the ``Securing America's
Ports of Entry Act of 2023''.
SEC. 11122. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION
PERSONNEL.
(a) Officers.--Subject to appropriations, the Commissioner
of U.S. Customs and Border Protection shall hire, train, and
assign not fewer than 600 new U.S. Customs and Border
Protection officers above the current attrition level during
every fiscal year until the total number of U.S. Customs and
Border Protection officers equals and sustains the
requirements identified each year in the Workload Staffing
Model.
(b) Support Staff.--The Commissioner is authorized to hire,
train, and assign support staff, including technicians and
Enterprise Services mission support, to perform non-law
enforcement administrative functions to support the new U.S.
Customs and Border Protection officers hired pursuant to
subsection (a).
(c) Traffic Forecasts.--In calculating the number of U.S.
Customs and Border Protection officers needed at each port of
entry through the Workload Staffing Model, the Commissioner
shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry;
(2) consider volume from seasonal surges, other projected
changes in commercial and passenger volumes, the most current
commercial forecasts, and other relevant information;
(3) consider historical volume and forecasts prior to the
COVID-19 pandemic and the impact on international travel; and
(4) incorporate personnel requirements for increasing the
rate of outbound inspection operations at land ports of
entry.
(d) GAO Report.--If the Commissioner does not hire the 600
additional U.S. Customs and Border Protection officers
authorized under subsection (a) during fiscal year 2024, or
during any subsequent fiscal year in which the hiring
requirements set forth in the Workload Staffing Model have
not been achieved, the Comptroller General of the United
States shall--
(1) conduct a review of U.S. Customs and Border Protection
hiring practices to determine the reasons that such
requirements were not achieved and other issues related to
hiring by U.S. Customs and Border Protection; and
(2) submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Finance of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on Ways and
Means of the House of Representatives that describes the
results of the review conducted pursuant to paragraph (1).
SEC. 11123. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.
Not later than 90 days after the date of the enactment of
this Act, the Commissioner of U.S. Customs and Border
Protection shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Finance of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee
on Ways and Means of the House of Representatives that
identifies--
(1) infrastructure improvements at ports of entry that
would enhance the ability of U.S. Customs and Border
Protection officers to interdict opioids and other drugs that
are being illegally transported into the United States,
including a description of circumstances at specific ports of
entry that prevent the deployment of technology used at other
ports of entry;
(2) detection equipment that would improve the ability of
such officers to identify opioids, including precursors and
derivatives, that are being illegally transported into the
United States; and
(3) safety equipment that would protect such officers from
accidental exposure to such drugs or other dangers associated
with the inspection of potential drug traffickers.
SEC. 11124. REPORTING REQUIREMENTS.
(a) Temporary Duty Assignments.--
(1) Quarterly report.--The Commissioner of U.S. Customs and
Border Protection shall submit a quarterly report to the
appropriate congressional committees that includes, for the
reporting period--
(A) the number of temporary duty assignments;
(B) the number of U.S. Customs and Border Protection
officers required for each temporary duty assignment;
(C) the ports of entry from which such officers were
reassigned;
(D) the ports of entry to which such officers were
reassigned;
(E) the ports of entry at which reimbursable service
agreements have been entered into that may be affected by
temporary duty assignments;
(F) the duration of each temporary duty assignment;
(G) the cost of each temporary duty assignment; and
(H) the extent to which the temporary duty assignments
within the reporting period were in support of the other U.S.
Customs and Border Protection activities or operations along
the southern border of the United States, including the
specific costs associated with such temporary duty
assignments.
(2) Notice.--Not later than 10 days before redeploying
employees from 1 port of entry to another, absent emergency
circumstances--
(A) the Commissioner shall notify the director of the port
of entry from which employees will be reassigned of the
intended redeployments; and
(B) the port director shall notify impacted facilities
(including airports, seaports, and land ports) of the
intended redeployments.
(3) Staff briefing.--The Commissioner shall brief all
affected U.S. Customs and Border Protection employees
regarding plans to mitigate vulnerabilities created by any
planned staffing reductions at ports of entry.
(b) Reports on U.S. Customs and Border Protection
Agreements.--Section 907(a) of the Trade Facilitation and
Trade Enforcement Act of 2015 (19 U.S.C. 4451(a)) is
amended--
(1) in paragraph (3), by striking ``and an assessment'' and
all that follows and inserting a period;
(2) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) A description of the factors that were considered
before entering into the agreement, including an assessment
of how the agreement provides economic benefits and security
benefits (if applicable) at the port of entry to which the
agreement relates.''; and
(4) in paragraph (5), as redesignated by paragraph (2), by
inserting after ``the report'' the following: ``, including
the locations of such services and the total hours of
reimbursable services under the agreement, if any''.
(c) Annual Workload Staffing Model Report.--As part of the
Annual Report on Staffing required under section 411(g)(5)(A)
of the Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)(A)),
the Commissioner shall include--
(1) information concerning the progress made toward meeting
the U.S. Customs and Border Protection officer and support
staff hiring targets set forth in section 2, while accounting
for attrition;
(2) an update to the information provided in the Resource
Optimization at the Ports of Entry report, which was
submitted to Congress on September 12, 2017, pursuant to the
Department of Homeland Security Appropriations Act, 2017
(division F of Public Law 115-31); and
(3) a summary of the information included in the reports
required under subsection (a) and section 907(a) of the Trade
Facilitation and Trade Enforcement Act of 2015, as amended by
subsection (b).
(d) CBP One Mobile Application.--During the 2-year period
beginning on the date of the enactment of this Act, the
Commissioner of U.S. Customs and Border Protection shall
publish a monthly report on the use of the CBP One mobile
application, including, with respect to each reporting
period--
(1) the number of application registration attempts made
through CBP One pursuant to the Circumvention of Lawful
Pathways final rule (88 Fed. Reg. 31314 (May 16, 2023)) that
resulted in a system error, disaggregated by error type;
(2) the total number of noncitizens who successfully
registered appointments through CBP One pursuant to such
rule;
(3) the total number of appointments made through CBP One
pursuant to such rule that went unused;
(4) the total number of individuals who have been granted
parole with a Notice to Appear subsequent to appointments
scheduled for such individuals through CBP One pursuant to
such rule; and
(5) the total number of noncitizens who have been issued a
Notice to Appear and have been transferred to U.S.
Immigration and Customs Enforcement custody subsequent to
appointments scheduled for such noncitizens through CBP One
pursuant to such rule.
(e) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Finance of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives
[[Page S4191]]
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Ways and Means of the House of
Representatives.
SEC. 11125. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
subtitle--
(1) $136,292,948 for fiscal year 2024; and
(2) $156,918,590 for each of the fiscal years 2025 through
2029.
Subtitle D--Border Patrol Enhancement Act
SEC. 11131. SHORT TITLE.
This subtitle may be cited as the ``Border Patrol
Enhancement Act''.
SEC. 11132. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES
BORDER PATROL.
(a) Defined Term.--In this subtitle, the term ``validated
personnel requirements determination model'' means a
determination of the number of United States Border Patrol
agents needed to meet the critical mission requirements of
the United States Border Patrol to maintain an orderly
process for migrants entering the United States, that has
been validated by a qualified research entity pursuant to
subsection (c).
(b) United States Border Patrol Personnel Requirements
Determination Model.--
(1) Completion; notice.--Not later than 180 days after the
date of the enactment of this Act, the Commissioner shall
complete a personnel requirements determination model for
United States Border Patrol that builds on the 5-year United
States Border Patrol staffing and deployment plan referred to
on page 33 of House of Representatives Report 112-91 (May 26,
2011) and submit a notice of completion to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Homeland Security of the House of
Representatives;
(C) the Director of the Office of Personnel Management; and
(D) the Comptroller General of the United States.
(2) Certification.--Not later than 30 days after the
completion of the personnel requirements determination model
described in paragraph (1), the Commissioner shall submit a
copy of such model, an explanation of its development, and a
strategy for obtaining independent verification of such
model, to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Homeland Security of the House of
Representatives;
(C) the Office of Personnel Management; and
(D) the Comptroller General of the United States.
(c) Independent Study of Personnel Requirements
Determination Model.--
(1) Requirement for study.--Not later than 90 days after
the completion of the personnel requirements determination
model pursuant to subsection (b)(1), the Secretary of
Homeland Security shall select an entity that is technically,
managerially, and financially independent from the Department
of Homeland Security to conduct an independent verification
and validation of the model.
(2) Reports.--
(A) To secretary.--Not later than 1 year after the
completion of the personnel requirements determination model
under subsection (b)(1), the entity performing the
independent verification and validation of the model shall
submit a report to the Secretary of Homeland Security that
includes--
(i) the results of the study conducted pursuant to
paragraph (1); and
(ii) any recommendations regarding the model that such
entity considers to be appropriate.
(B) To congress.--Not later than 30 days after receiving
the report described in subparagraph (A), the Secretary of
Homeland Security shall submit such report, along with any
additional views or recommendations regarding the personnel
requirements determination model, to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives.
(d) Authority To Hire Additional Personnel.--Beginning on
the date that is 180 days after receiving a report from a
qualified research entity pursuant to subsection (c)(2) that
validates the personnel requirements determination model and
after implementing any recommendations to improve or update
such model, the Secretary of Homeland Security may hire,
train, and assign 600 or more United States Border Patrol
agents above the attrition level during every fiscal year
until the number of active agents meets the level recommended
by the validated personnel requirements determination model.
SEC. 11133. ESTABLISHMENT OF HIGHER RATES OF REGULARLY
SCHEDULED OVERTIME PAY FOR UNITED STATES BORDER
PATROL AGENTS CLASSIFIED AT GS-12.
Section 5550 of title 5, United States Code, is amended by
adding at the end the following:
``(h) Special Overtime Pay for GS-12 Border Patrol
Agents.--
``(1) In general.--Notwithstanding paragraphs (1)(F),
(2)(C), and (3)(C) of subsection (b), a border patrol agent
encumbering a position at grade GS-12 shall receive a special
overtime payment under this subsection for hours of regularly
scheduled work described in paragraph (2)(A)(ii) or
(3)(A)(ii) of subsection (b), as applicable, that are
credited to the agent through actual performance of work,
crediting under rules for canine agents under subsection
(b)(1)(F), or substitution of overtime hours in the same work
period under subsection (f)(2)(A), except that no such
payment may be made for periods of absence resulting in an
hours obligation under paragraph (3) or (4) of subsection
(f).
``(2) Computation.--The special overtime payment authorized
under paragraph (1) shall be computed by multiplying the
credited hours by 50 percent of the border patrol agent's
hourly rate of basic pay, rounded to the nearest cent.
``(3) Limitations.--The special overtime payment authorized
under paragraph (1)--
``(A) is not considered basic pay for retirement under
section 8331(3) or 8401(4) or for any other purpose;
``(B) is not payable during periods of paid leave or other
paid time off; and
``(C) is not considered in computing an agent's lump-sum
annual leave payment under sections 5551 and 5552.''.
SEC. 11134. GAO ASSESSMENT OF RECRUITING EFFORTS, HIRING
REQUIREMENTS, AND RETENTION OF LAW ENFORCEMENT
PERSONNEL.
The Comptroller General of the United States shall--
(1) conduct an assessment of U.S. Customs and Border
Protection's--
(A) efforts to recruit law enforcement personnel;
(B) hiring process and job requirements relating to such
recruitment; and
(C) retention of law enforcement personnel, including the
impact of employee compensation on such retention efforts;
and
(2) not later than 2 years after the date of the enactment
of this Act, submit a report containing the results of such
assessment to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
SEC. 11135. CONTINUING TRAINING.
(a) In General.--The Commissioner shall require all United
States Border Patrol agents and other employees or contracted
employees designated by the Commissioner, to participate in
annual continuing training to maintain and update their
understanding of--
(1) Department of Homeland Security policies, procedures,
and guidelines;
(2) the fundamentals of law, ethics, and professional
conduct;
(3) applicable Federal law and regulations;
(4) precedential legal rulings, including Federal Circuit
Court and United States Supreme Court opinions relating to
the duty of care and treatment of persons in the custody of
the United States Border Patrol that the Commissioner
determines are relevant to active duty agents;
(5) applicable migration trends that the Commissioner
determines are relevant;
(6) best practices for coordinating with community
stakeholders; and
(7) any other information that the Commissioner determines
to be relevant to active duty agents.
(b) Training Subjects.--Continuing training under this
subsection shall include training regarding--
(1) non-lethal use of force policies available to United
States Border Patrol agents and de-escalation strategies and
methods;
(2) identifying, screening, and responding to vulnerable
populations, such as children, persons with diminished mental
capacity, victims of human trafficking, pregnant mothers,
victims of gender-based violence, victims of torture or
abuse, and the acutely ill;
(3) trends in transnational criminal organization
activities that impact border security and migration;
(4) policies, strategies, and programs--
(A) to protect due process, the civil, human, and privacy
rights of individuals, and the private property rights of
land owners;
(B) to reduce the number of migrant and agent deaths; and
(C) to improve the safety of agents on patrol;
(5) personal resilience;
(6) anti-corruption and officer ethics training;
(7) current migration trends, including updated cultural
and societal issues of nations that are a significant source
of migrants who are--
(A) arriving at a United States port of entry to seek
humanitarian protection; or
(B) encountered at a United States international boundary
while attempting to enter without inspection;
(8) the impact of border security operations on natural
resources and the environment, including strategies to limit
the impact of border security operations on natural resources
and the environment;
(9) relevant cultural, societal, racial, and religious
training, including cross-cultural communication skills;
(10) training authorized under the Prison Rape Elimination
Act of 2003 (42 U.S.C. 15601 et seq.);
(11) risk management and safety training that includes
agency protocols for ensuring public safety, personal safety,
and the safety of persons in the custody of the Department of
Homeland Security;
(12) non-lethal, self-defense training; and
(13) any other training that meets the requirements to
maintain and update the subjects identified in subsection
(a).
[[Page S4192]]
(c) Course Requirements.--Courses offered under this
section--
(1) shall be administered by the United States Border
Patrol, in consultation with the Federal Law Enforcement
Training Center; and
(2) shall be approved in advance by the Commissioner of
U.S. Customs and Border Protection to ensure that such
courses satisfy the requirements for training under this
section.
(d) Assessment.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives that assesses the training and education
provided pursuant to this section, including continuing
education.
(e) Frequency Requirements.--Training offered as part of
continuing education under this section shall include--
(1) annual courses focusing on the curriculum described in
paragraphs (1) through (6) of subsection (b); and
(2) biannual courses focusing on curriculum described in
paragraphs (7) through (12) of subsection (b).
SEC. 11136. REPORTING REQUIREMENTS.
(a) Recruitment and Retention Report.--The Comptroller
General of the United States shall--
(1) conduct a study of the recruitment and retention of
female agents in the United States Border Patrol that
examines--
(A) the recruitment, application processes, training,
promotion, and other aspects of employment for women in the
United States Border Patrol;
(B) the training, complaints system, and redress for sexual
harassment and assault; and
(C) additional issues related to recruitment and retention
of female Border Patrol agents; and
(2) not later than 1 year after the date of the enactment
of this Act, submit a report containing the results of such
study and recommendations for addressing any identified
deficiencies or opportunities for improvement to--
(A) the Commissioner of U.S. Customs and Border Protection;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(b) Implementation Report.--Not later than 90 days after
receiving the recruitment and retention report required under
subsection (a), the Commissioner shall submit a report to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives that describes the status of the
Commissioner's efforts to implement any recommendations
included in recruitment and retention report.
Subtitle E--END FENTANYL Act
SEC. 11141. SHORT TITLES.
This subtitle may be cited as the ``Eradicating Narcotic
Drugs and Formulating Effective New Tools to Address National
Yearly Losses of Life Act'' or the ``END FENTANYL Act''.
SEC. 11142. ENSURING TIMELY UPDATES TO U.S. CUSTOMS AND
BORDER PROTECTION FIELD MANUALS.
(a) In General.--Not less frequently than triennially, the
Commissioner of U.S. Customs and Border Protection shall
review and update, as necessary, the current policies and
manuals of the Office of Field Operations related to
inspections at ports of entry to ensure the uniform
implementation of inspection practices that will effectively
respond to technological and methodological changes designed
to disguise illegal activity, such as the smuggling of drugs
and humans, along the border.
(b) Reporting Requirement.--Shortly after each update
required under subsection (a), the Commissioner of U.S.
Customs and Border Protection shall submit a report to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives that summarizes the policy and
manual changes implemented by such update.
TITLE LXXI--IMPROVING LOBBYING DISCLOSURE REQUIREMENTS
Subtitle A--Lobbying Disclosure Improvement Act
SEC. 11201. SHORT TITLE.
This subtitle may be cited as the ``Lobbying Disclosure
Improvement Act''.
SEC. 11202. REGISTRANT DISCLOSURE REGARDING FOREIGN AGENT
REGISTRATION EXEMPTION.
Section 4(b) of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1603(b)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a statement as to whether the registrant is exempt
under section 3(h) of the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 613(h)).''.
Subtitle B--Disclosing Foreign Influence in Lobbying Act
SEC. 11211. SHORT TITLE.
This subtitle may be cited as the ``Disclosing Foreign
Influence in Lobbying Act''.
SEC. 11212. CLARIFICATION OF CONTENTS OF REGISTRATION.
Section 4(b) of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1603(b)), as amended by section 11202 of this title,
is amended--
(1) in paragraph (8), as added by section 11202 of this
title, by striking the period at the end and inserting ``;
and''; and
(2) by adding at the end the following:
``(9) notwithstanding paragraph (4), the name and address
of each government of a foreign country (including any agency
or subdivision of a government of a foreign country, such as
a regional or municipal unit of government) and foreign
political party, other than the client, that participates in
the direction, planning, supervision, or control of any
lobbying activities of the registrant.''.
TITLE LXXII--PROTECTING OUR DOMESTIC WORKFORCE AND SUPPLY CHAIN
Subtitle A--Government-wide Study Relating to High-security Leased
Space
SEC. 11301. GOVERNMENT-WIDE STUDY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Beneficial owner.--
(A) In general.--The term ``beneficial owner'', with
respect to a covered entity, means each natural person who,
directly or indirectly, through any contract, arrangement,
understanding, relationship, or otherwise--
(i) exercises substantial control over the covered entity;
or
(ii) owns or controls not less than 25 percent of the
ownership interests of, or receives substantial economic
benefits from the assets of, the covered entity.
(B) Exclusions.--The term ``beneficial owner'', with
respect to a covered entity, does not include--
(i) a minor;
(ii) a person acting as a nominee, intermediary, custodian,
or agent on behalf of another person;
(iii) a person acting solely as an employee of the covered
entity and whose control over or economic benefits from the
covered entity derives solely from the employment status of
the person;
(iv) a person whose only interest in the covered entity is
through a right of inheritance, unless the person also meets
the requirements of subparagraph (A); or
(v) a creditor of the covered entity, unless the creditor
also meets the requirements of subparagraph (A).
(C) Anti-abuse rule.--The exclusions under subparagraph (B)
shall not apply if, in the determination of the
Administrator, an exclusion is used for the purpose of
evading, circumventing, or abusing the requirements of this
Act.
(3) Control.--The term ``control'', with respect to a
covered entity, means--
(A) having the authority or ability to determine how the
covered entity is utilized; or
(B) having some decisionmaking power for the use of the
covered entity.
(4) Covered entity.--The term ``covered entity'' means--
(A) a person, corporation, company, business association,
partnership, society, trust, or any other nongovernmental
entity, organization, or group; or
(B) any governmental entity or instrumentality of a
government.
(5) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code.
(6) Federal agency.--The term ``Federal agency'' means--
(A) an Executive agency; and
(B) any establishment in the legislative or judicial branch
of the Federal Government.
(7) Federal lessee.--
(A) In general.--The term ``Federal lessee'' means--
(i) the Administrator;
(ii) the Architect of the Capitol; and
(iii) the head of any other Federal agency that has
independent statutory leasing authority.
(B) Exclusions.--The term ``Federal lessee'' does not
include--
(i) the head of an element of the intelligence community;
or
(ii) the Secretary of Defense.
(8) Federal tenant.--
(A) In general.--The term ``Federal tenant'' means a
Federal agency that is occupying or will occupy a high-
security leased space for which a lease agreement has been
secured on behalf of the Federal agency.
(B) Exclusion.--The term ``Federal tenant'' does not
include an element of the intelligence community.
(9) Foreign entity.--The term ``foreign entity'' means--
(A) a corporation, company, business association,
partnership, society, trust, or any other nongovernmental
entity, organization, or group that is headquartered in or
organized under the laws of--
(i) a country that is not the United States; or
(ii) a State, unit of local government, or Indian Tribe
that is not located within or a territory of the United
States; or
(B) a government or governmental instrumentality that is
not--
(i) the United States Government; or
(ii) a State, unit of local government, or Indian Tribe
that is located within or a territory of the United States.
(10) Foreign person.--The term ``foreign person'' means an
individual who is not a United States person.
[[Page S4193]]
(11) High-security leased adjacent space.--The term ``high-
security leased adjacent space'' means a building or office
space that shares a boundary with or surrounds a high-
security leased space.
(12) High-security leased space.--The term ``high-security
leased space'' means a space leased by a Federal lessee
that--
(A) will be occupied by Federal employees for nonmilitary
activities; and
(B) has a facility security level of III, IV, or V, as
determined by the Federal tenant in consultation with the
Interagency Security Committee, the Secretary of Homeland
Security, and the Administrator.
(13) Highest-level owner.--The term ``highest-level owner''
means an entity that owns or controls--
(A) an immediate owner of the offeror of a lease for a
high-security leased adjacent space; or
(B) 1 or more entities that control an immediate owner of
the offeror of a lease described in subparagraph (A).
(14) Immediate owner.--The term ``immediate owner'' means
an entity, other than the offeror of a lease for a high-
security leased adjacent space, that has direct control of
that offeror, including--
(A) ownership or interlocking management;
(B) identity of interests among family members;
(C) shared facilities and equipment; and
(D) the common use of employees.
(15) 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).
(16) Substantial economic benefits.--The term ``substantial
economic benefits'', with respect to a natural person
described in paragraph (2)(A)(ii), means having an
entitlement to the funds or assets of a covered entity that,
as a practical matter, enables the person, directly or
indirectly, to control, manage, or direct the covered entity.
(17) United states person.--The term ``United States
person'' means an individual who--
(A) is a citizen of the United States; or
(B) is an alien lawfully admitted for permanent residence
in the United States.
(b) Government-wide Study.--
(1) Coordination study.--The Administrator, in coordination
with the Director of the Federal Protective Service, the
Secretary of Homeland Security, the Director of the Office of
Management and Budget, and any other relevant entities, as
determined by the Administrator, shall carry out a
Government-wide study examining options to assist agencies
(as defined in section 551 of title 5, United States Code) to
produce a security assessment process for high-security
leased adjacent space before entering into a lease or
novation agreement with a covered entity for the purposes of
accommodating a Federal tenant located in a high-security
leased space.
(2) Contents.--The study required under paragraph (1)--
(A) shall evaluate how to produce a security assessment
process that includes a process for assessing the threat
level of each occupancy of a high-security leased adjacent
space, including through--
(i) site-visits;
(ii) interviews; and
(iii) any other relevant activities determined necessary by
the Director of the Federal Protective Service; and
(B) may include a process for collecting and using
information on each immediate owner, highest-level owner, or
beneficial owner of a covered entity that seeks to enter into
a lease with a Federal lessee for a high-security leased
adjacent space, including--
(i) name;
(ii) current residential or business street address; and
(iii) an identifying number or document that verifies
identity as a United States person, a foreign person, or a
foreign entity.
(3) Working group.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator, in coordination
with the Director of Federal Protective Service, the
Secretary of Homeland Security, the Director of the Office of
Management and Budget, and any other relevant entities, as
determined by the Administrator, shall establish a working
group to assist in the carrying out of the study required
under paragraph (1).
(B) No compensation.--A member of the working group
established under subparagraph (A) shall receive no
compensation as a result of serving on the working group.
(C) Sunset.--The working group established under
subparagraph (A) shall terminate on the date on which the
report required under paragraph (6) is submitted.
(4) Protection of information.--The Administrator shall
ensure that any information collected pursuant to the study
required under paragraph (1) shall not be made available to
the public.
(5) Limitation.--Nothing in this subsection requires an
entity located in the United States to provide information
requested pursuant to the study required under paragraph (1).
(6) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in coordination
with the Director of Federal Protective Service, the
Secretary of Homeland Security, the Director of the Office of
Management and Budget, and any other relevant entities, as
determined by the Administrator, shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing--
(A) the results of the study required under paragraph (1);
and
(B) how all applicable privacy laws and rights relating to
the First and Fourth Amendments to the Constitution of the
United States would be upheld and followed in--
(i) the security assessment process described in
subparagraph (A) of paragraph (2); and
(ii) the information collection process described in
subparagraph (B) of that paragraph.
(7) Limitation.--Nothing in this subsection authorizes a
Federal entity to mandate information gathering unless
specifically authorized by law.
(8) Prohibition.--No information collected pursuant the
security assessment process described in paragraph (2)(A) may
be used for law enforcement purposes.
(9) No additional funding.--No additional funds are
authorized to be appropriated to carry out this subsection.
Subtitle B--Intergovernmental Critical Minerals Task Force
SEC. 11311. SHORT TITLE.
This subtitle may be cited as the ``Intergovernmental
Critical Minerals Task Force Act''.
SEC. 11312. FINDINGS.
Congress finds that--
(1) current supply chains of critical minerals pose a great
risk to the national security of the United States;
(2) critical minerals are necessary for transportation,
technology, renewable energy, military equipment and
machinery, and other relevant sectors crucial for the
homeland and national security of the United States;
(3) in 2022, the United States was 100 percent import
reliant for 12 out of 50 critical minerals and more than 50
percent import reliant for an additional 31 critical mineral
commodities classified as ``critical'' by the United States
Geological Survey, and the People's Republic of China was the
top producing nation for 30 of those 50 critical minerals;
(4) as of July, 2023, companies based in the People's
Republic of China that extract critical minerals around the
world have received hundreds of charges of human rights
violations;
(5) on March 26, 2014, the World Trade Organization ruled
that the export restraints by the People's Republic of China
on rare earth metals violated obligations under the protocol
of accession to the World Trade Organization, which harmed
manufacturers and workers in the United States; and
(6) the President has yet to submit to Congress the plans
and recommendations that were due on the December 27, 2022,
deadline under section 5(a) of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1604(a)), which are intended to support a coherent
national mineral and materials policy, including through
intergovernmental and interagency coordination.
SEC. 11313. INTERGOVERNMENTAL CRITICAL MINERALS TASK FORCE.
(a) In General.--Section 5 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1604) is amended by adding at the end the following:
``(g) Intergovernmental Critical Minerals Task Force.--
``(1) Purposes.--The purposes of the task force established
under paragraph (3)(B) are--
``(A) to assess the reliance of the United States on the
People's Republic of China, and other covered countries, for
critical minerals, and the resulting national security risks
associated with that reliance, at each level of the Federal
Government, Indian Tribes, and State, local, and territorial
governments;
``(B) to make recommendations to the President for the
implementation of this Act with regard to critical minerals,
including--
``(i) the congressional declarations of policies in section
3; and
``(ii) revisions to the program plan of the President and
the initiatives required under this section;
``(C) to make recommendations to secure United States and
global supply chains for critical minerals;
``(D) to make recommendations to reduce the reliance of the
United States, and partners and allies of the United States,
on critical mineral supply chains involving covered
countries; and
``(E) to facilitate cooperation, coordination, and mutual
accountability among each level of the Federal Government,
Indian Tribes, and State, local, and territorial governments,
on a holistic response to the dependence on covered countries
for critical minerals across the United States.
``(2) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committees on Homeland Security and Governmental
Affairs, Energy and Natural Resources, Armed Services,
Environment and Public Works, Commerce, Science, and
Transportation, Finance, and Foreign Relations of the Senate;
and
``(ii) the Committees on Oversight and Accountability,
Natural Resources, Armed
[[Page S4194]]
Services, Ways and Means, and Foreign Affairs of the House of
Representatives.
``(B) Chair.--The term `Chair' means a member of the
Executive Office of the President, designated by the
President pursuant to paragraph (3)(A).
``(C) Covered country.--The term `covered country' means--
``(i) a covered nation (as defined in section 4872(d) of
title 10, United States Code); and
``(ii) any other country determined by the task force to be
a geostrategic competitor or adversary of the United States
with respect to critical minerals.
``(D) Critical mineral.--The term `critical mineral' has
the meaning given the term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
``(E) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(F) Task force.--The term `task force' means the task
force established under paragraph (3)(B).
``(3) Establishment.--Not later than 90 days after the date
of enactment of this subsection, the President shall--
``(A) designate a Chair for the task force; and
``(B) acting through the Executive Office of the President,
establish a task force.
``(4) Composition; meetings.--
``(A) Appointment.--The Chair, in consultation with key
intergovernmental, private, and public sector stakeholders,
shall appoint to the task force representatives with
expertise in critical mineral supply chains from Federal
agencies, Indian Tribes, and State, local, and territorial
governments, including not less than 1 representative from
each of--
``(i) the Bureau of Indian Affairs;
``(ii) the Bureau of Land Management;
``(iii) the Critical Minerals Subcommittee of the National
Science and Technology Council;
``(iv) the Department of Agriculture;
``(v) the Department of Commerce;
``(vi) the Department of Defense;
``(vii) the Department of Energy;
``(viii) the Department of Homeland Security;
``(ix) the Department of the Interior;
``(x) the Department of Labor;
``(xi) the Department of State;
``(xii) the Department of Transportation;
``(xiii) the Environmental Protection Agency;
``(xiv) the Export-Import Bank of the United States;
``(xv) the Forest Service;
``(xvi) the General Services Administration;
``(xvii) the National Science Foundation;
``(xviii) the Office of the United States Trade
Representative;
``(xix) the United States International Development Finance
Corporation;
``(xx) the United States Geological Survey; and
``(xxi) any other relevant Federal entity, as determined by
the Chair.
``(B) Consultation.--The task force shall consult
individuals with expertise in critical mineral supply chains,
individuals from States whose communities, businesses, and
industries are involved in aspects of critical mineral supply
chains, including mining and processing operations, and
individuals from a diverse and balanced cross-section of--
``(i) intergovernmental consultees, including--
``(I) State governments;
``(II) local governments;
``(III) territorial governments; and
``(IV) Indian Tribes; and
``(ii) other stakeholders, including--
``(I) academic research institutions;
``(II) corporations;
``(III) nonprofit organizations;
``(IV) private sector stakeholders;
``(V) trade associations;
``(VI) mining industry stakeholders; and
``(VII) labor representatives.
``(C) Meetings.--
``(i) Initial meeting.--Not later than 90 days after the
date on which all representatives of the task force have been
appointed, the task force shall hold the first meeting of the
task force.
``(ii) Frequency.--The task force shall meet not less than
once every 90 days.
``(5) Duties.--
``(A) In general.--The duties of the task force shall
include--
``(i) facilitating cooperation, coordination, and mutual
accountability for the Federal Government, Indian Tribes, and
State, local, and territorial governments to enhance data
sharing and transparency to build more robust and secure
domestic supply chains for critical minerals in support of
the purposes described in paragraph (1);
``(ii) providing recommendations with respect to--
``(I) increasing capacities for mining, processing,
refinement, reuse, and recycling of critical minerals in the
United States to facilitate the environmentally responsible
production of domestic resources to meet national critical
mineral needs, in consultation with Tribal and local
communities;
``(II) identifying how statutes, regulations, and policies
related to the critical mineral supply chain, such as
stockpiling and development finance, could be modified to
accelerate environmentally responsible domestic and
international production of critical minerals, in
consultation with Indian Tribes and local communities;
``(III) strengthening the domestic workforce to support
growing critical mineral supply chains with good-paying, safe
jobs in the United States;
``(IV) identifying alternative domestic and global sources
to critical minerals that the United States currently relies
on the People's Republic of China or other covered countries
for mining, processing, refining, and recycling, including
the availability, cost, and quality of those domestic
alternatives;
``(V) identifying critical minerals and critical mineral
supply chains that the United States can onshore, at a
competitive availability, cost, and quality, for those
minerals and supply chains that the United States relies on
the People's Republic of China or other covered countries to
provide;
``(VI) opportunities for the Federal Government, Indian
Tribes, and State, local, and territorial governments to
mitigate risks to the national security of the United States
with respect to supply chains for critical minerals that the
United States currently relies on the People's Republic of
China or other covered countries for mining, processing,
refining, and recycling; and
``(VII) evaluating and integrating the recommendations of
the Critical Minerals Subcommittee of the National Science
and Technology Council into the recommendations of the task
force.
``(iii) prioritizing the recommendations in clause (ii),
taking into consideration economic costs and focusing on the
critical mineral supply chains with vulnerabilities posing
the most significant risks to the national security of the
United States;
``(iv) recommending specific strategies, to be carried out
in coordination with the Secretary of State and the Secretary
of Commerce, to strengthen international partnerships in
furtherance of critical minerals supply chain security with
international allies and partners, including a strategy to
collaborate with governments of the allies and partners
described in subparagraph (B) to develop advanced mining,
refining, separation and processing technologies; and
``(v) other duties, as determined by the Chair.
``(B) Allies and partners.--The allies and partners
referred to subparagraph (A) include--
``(i) countries participating in the Quadrilateral Security
Dialogue;
``(ii) countries that are--
``(I) signatories to the Abraham Accords; or
``(II) participants in the Negev Forum;
``(iii) countries that are members of the North Atlantic
Treaty Organization; and
``(iv) other countries or multilateral partnerships the
task force determines to be appropriate.
``(C) Report.--The Chair shall--
``(i) not later than 60 days after the date of enactment of
this subsection, and every 60 days thereafter until the
requirements under subsection (a) are satisfied, brief the
appropriate committees of Congress on the status of the
compliance of the President with completing the requirements
under that subsection.
``(ii) not later than 2 years after the date of enactment
of this Act, submit to the appropriate committees of Congress
a report, which shall be submitted in unclassified form, but
may include a classified annex, that describes any findings,
guidelines, and recommendations created in performing the
duties under subparagraph (A);
``(iii) not later than 120 days after the date on which the
Chair submits the report under clause (ii), publish that
report in the Federal Register and on the website of the
Office of Management and Budget, except that the Chair shall
redact information from the report that the Chair determines
could pose a risk to the national security of the United
States by being publicly available; and
``(iv) brief the appropriate committees of Congress twice
per year.
``(6) Sunset.--The task force shall terminate on the date
that is 90 days after the date on which the task force
completes the requirements under paragraph (5)(C).''.
(b) GAO Study.--
(1) Definition of critical minerals.--In this subsection,
the term ``critical mineral'' has the meaning given the term
in section 7002(a) of the Energy Act of 2020 (30 U.S.C.
1606(a)).
(2) Study required.--The Comptroller General of the United
States shall conduct a study examining the Federal and State
regulatory landscape related to improving domestic supply
chains for critical minerals in the United States.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress
a report that describes the results of the study under
paragraph (2).
Subtitle C--Customs Trade Partnership Against Terrorism Pilot Program
Act of 2023
SEC. 11321. SHORT TITLE.
This subtitle may be cited as the ``Customs Trade
Partnership Against Terrorism Pilot Program Act of 2023'' or
the ``CTPAT Pilot Program Act of 2023''.
SEC. 11322. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Finance of the Senate; and
[[Page S4195]]
(B) the Committee on Homeland Security and the Committee on
Ways and Means of the House of Representatives.
(2) Ctpat.--The term ``CTPAT'' means the Customs Trade
Partnership Against Terrorism established under subtitle B of
title II of the Security and Accountability for Every Port
Act (6 U.S.C. 961 et seq.).
SEC. 11323. PILOT PROGRAM ON PARTICIPATION OF THIRD-PARTY
LOGISTICS PROVIDERS IN CTPAT.
(a) Establishment.--
(1) In general.--The Secretary of Homeland Security shall
carry out a pilot program to assess whether allowing entities
described in subsection (b) to participate in CTPAT would
enhance port security, combat terrorism, prevent supply chain
security breaches, or otherwise meet the goals of CTPAT.
(2) Federal register notice.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
publish in the Federal Register a notice specifying the
requirements for the pilot program required by paragraph (1).
(b) Entities Described.--An entity described in this
subsection is--
(1) a non-asset-based third-party logistics provider that--
(A) arranges international transportation of freight and is
licensed by the Department of Transportation; and
(B) meets such other requirements as the Secretary
specifies in the Federal Register notice required by
subsection (a)(2); or
(2) an asset-based third-party logistics provider that--
(A) facilitates cross border activity and is licensed or
bonded by the Federal Maritime Commission, the Transportation
Security Administration, U.S. Customs and Border Protection,
or the Department of Transportation;
(B) manages and executes logistics services using its own
warehousing assets and resources on behalf of its customers;
and
(C) meets such other requirements as the Secretary
specifies in the Federal Register notice required by
subsection (a)(2).
(c) Requirements.--In carrying out the pilot program
required by subsection (a)(1), the Secretary shall--
(1) ensure that--
(A) not more than 10 entities described in paragraph (1) of
subsection (b) participate in the pilot program; and
(B) not more than 10 entities described in paragraph (2) of
that subsection participate in the program;
(2) provide for the participation of those entities on a
voluntary basis;
(3) continue the program for a period of not less than one
year after the date on which the Secretary publishes the
Federal Register notice required by subsection (a)(2); and
(4) terminate the pilot program not more than 5 years after
that date.
(d) Report Required.--Not later than 180 days after the
termination of the pilot program under subsection (c)(4), the
Secretary shall submit to the appropriate congressional
committees a report on the findings of, and any
recommendations arising from, the pilot program concerning
the participation in CTPAT of entities described in
subsection (b), including an assessment of participation by
those entities.
SEC. 11324. REPORT ON EFFECTIVENESS OF CTPAT.
(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 submit to the appropriate congressional
committees a report assessing the effectiveness of CTPAT.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An analysis of--
(A) security incidents in the cargo supply chain during the
5-year period preceding submission of the report that
involved criminal activity, including drug trafficking, human
smuggling, commercial fraud, or terrorist activity; and
(B) whether those incidents involved participants in CTPAT
or entities not participating in CTPAT.
(2) An analysis of causes for the suspension or removal of
entities from participating in CTPAT as a result of security
incidents during that 5-year period.
(3) An analysis of the number of active CTPAT participants
involved in one or more security incidents while maintaining
their status as participants.
(4) Recommendations to the Commissioner of U.S. Customs and
Border Protection for improvements to CTPAT to improve
prevention of security incidents in the cargo supply chain
involving participants in CTPAT.
SEC. 11325. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated for
the purpose of carrying out this subtitle.
Subtitle D--Military Spouse Employment Act
SEC. 11331. SHORT TITLE.
This subtitle may be cited as the ``Military Spouse
Employment Act''.
SEC. 11332. APPOINTMENT OF MILITARY SPOUSES.
Section 3330d of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (3) as paragraph (4);
(B) by inserting after paragraph (2) the following:
``(3) The term `remote work' refers to a particular type of
telework under which an employee is not expected to report to
an officially established agency location on a regular and
recurring basis.''; and
(C) by adding at the end the following:
``(5) The term `telework' has the meaning given the term in
section 6501.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) a spouse of a member of the Armed Forces on active
duty, or a spouse of a disabled or deceased member of the
Armed Forces, to a position in which the spouse will engage
in remote work.''; and
(3) in subsection (c)(1), by striking ``subsection (a)(3)''
and inserting ``subsection (a)(4)''.
SEC. 11333. GAO STUDY AND REPORT.
(a) Definitions.--In this section--
(1) the terms ``agency'' means an agency described in
paragraph (1) or (2) of section 901(b) of title 31, United
States Code;
(2) the term ``employee'' means an employee of an agency;
(3) the term ``remote work'' means a particular type of
telework under which an employee is not expected to report to
an officially established agency location on a regular and
recurring basis; and
(4) the term ``telework'' means a work flexibility
arrangement under which an employee performs the duties and
responsibilities of such employee's position, and other
authorized activities, from an approved worksite other than
the location from which the employee would otherwise work.
(b) Requirement.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the
United States shall conduct a study and publish a report
regarding the use of remote work by agencies, which shall
include a discussion of what is known regarding--
(1) the number of employees who are engaging in remote
work;
(2) the role of remote work in agency recruitment and
retention efforts;
(3) the geographic location of employees who engage in
remote work;
(4) the effect that remote work has had on how often
employees are reporting to officially established agency
locations to perform the duties and responsibilities of the
positions of those employees and other authorized activities;
and
(5) how the use of remote work has affected Federal office
space utilization and spending.
Subtitle E--Designation of Airports
SEC. 11341. DESIGNATION OF ADDITIONAL PORT OF ENTRY FOR THE
IMPORTATION AND EXPORTATION OF WILDLIFE AND
WILDLIFE PRODUCTS BY THE UNITED STATES FISH AND
WILDLIFE SERVICE.
(a) In General.--Subject to appropriations and in
accordance with subsection (b), the Director of the United
States Fish and Wildlife Service shall designate 1 additional
port as a ``port of entry designated for the importation and
exportation of wildlife and wildlife products'' under section
14.12 of title 50, Code of Federal Regulations.
(b) Criteria for Selecting Additional Designated Port.--The
Director shall select the additional port to be designated
pursuant to subsection (a) from among the United States
airports that handled more than 8,000,000,000 pounds of cargo
during 2021, as reported by the Federal Aviation
Administration Air Carrier Activity Information System, and
based upon the analysis submitted to Congress by the Director
pursuant to the Wildlife Trafficking reporting directive
under title I of Senate Report 114-281.
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2024''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by
law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Plan to recruit, train, and retain personnel with experience
in financial intelligence and emerging technologies.
Sec. 302. Policy and performance framework for mobility of intelligence
community workforce.
Sec. 303. In-State tuition rates for active duty members of the
intelligence community.
Sec. 304. Standards, criteria, and guidance for counterintelligence
vulnerability assessments and surveys.
[[Page S4196]]
Sec. 305. Improving administration of certain post-employment
restrictions for intelligence community.
Sec. 306. Mission of the National Counterintelligence and Security
Center.
Sec. 307. Prohibition relating to transport of individuals detained at
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 308. Department of Energy science and technology risk assessments.
Sec. 309. Congressional oversight of intelligence community risk
assessments.
Sec. 310. Inspector General review of dissemination by Federal Bureau
of Investigation Richmond, Virginia, field office of
certain document.
Sec. 311. Office of Intelligence and Analysis.
Subtitle B--Central Intelligence Agency
Sec. 321. Change to penalties and increased availability of mental
health treatment for unlawful conduct on Central
Intelligence Agency installations.
Sec. 322. Modifications to procurement authorities of the Central
Intelligence Agency.
Sec. 323. Establishment of Central Intelligence Agency standard
workplace sexual misconduct complaint investigation
procedure.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
Sec. 401. Intelligence community coordinator for accountability of
atrocities of the People's Republic of China.
Sec. 402. Interagency working group and report on the malign efforts of
the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by
intelligence community working group for monitoring the
economic and technological capabilities of the People's
Republic of China.
Sec. 404. Assessments of reciprocity in the relationship between the
United States and the People's Republic of China.
Sec. 405. Annual briefing on intelligence community efforts to identify
and mitigate Chinese Communist Party and Russian foreign
malign influence operations against the United States.
Sec. 406. Assessment of threat posed to United States ports by cranes
manufactured by countries of concern.
Subtitle B--Other Foreign Countries
Sec. 411. Report on efforts to capture and detain United States
citizens as hostages.
Sec. 412. Sense of Congress on priority of fentanyl in National
Intelligence Priorities Framework.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
Sec. 501. Assignment of detailees from intelligence community to
Department of Commerce.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
Sec. 511. Expanded annual assessment of economic and technological
capabilities of the People's Republic of China.
Sec. 512. Assessment of using civil nuclear energy for intelligence
community capabilities.
Sec. 513. Policies established by Director of National Intelligence for
artificial intelligence capabilities.
TITLE VI--WHISTLEBLOWER MATTERS
Sec. 601. Submittal to Congress of complaints and information by
whistleblowers in the intelligence community.
Sec. 602. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure by employees
and contractors in intelligence community.
Sec. 603. Establishing process parity for adverse security clearance
and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and access
determinations.
Sec. 605. Modification and repeal of reporting requirements.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Classification and declassification of information.
Sec. 704. Transparency officers.
Subtitle B--Sensible Classification Act of 2023
Sec. 711. Short title.
Sec. 712. Definitions.
Sec. 713. Findings and sense of the Senate.
Sec. 714. Classification authority.
Sec. 715. Promoting efficient declassification review.
Sec. 716. Training to promote sensible classification.
Sec. 717. Improvements to Public Interest Declassification Board.
Sec. 718. Implementation of technology for classification and
declassification.
Sec. 719. Studies and recommendations on necessity of security
clearances.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
Sec. 801. Review of shared information technology services for
personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for
personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.
Sec. 804. Survey to assess strengths and weaknesses of Trusted
Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified
information solely because of past use of cannabis.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
Sec. 901. Improved funding flexibility for payments made by the Central
Intelligence Agency for qualifying injuries to the brain.
Sec. 902. Clarification of requirements to seek certain benefits
relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021
authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling
of anomalous health incidents.
TITLE X--ELECTION SECURITY
Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for
Elections through Independent Testing Act of 2023.
TITLE XI--OTHER MATTERS
Sec. 1101. Modification of reporting requirement for All-domain Anomaly
Resolution Office.
Sec. 1102. Funding limitations relating to unidentified anomalous
phenomena.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2024 for the conduct of the intelligence and
intelligence-related activities of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the Federal Government are those
specified in the classified Schedule of Authorizations
prepared to accompany this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2024 the sum of $658,950,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2024 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
[[Page S4197]]
SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2024.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH
EXPERIENCE IN FINANCIAL INTELLIGENCE AND
EMERGING TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the heads of human capital
of the Central Intelligence Agency, the National Security
Agency, and the Federal Bureau of Investigation, shall submit
to the congressional intelligence committees, the Committee
on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a plan for the
intelligence community to recruit, train, and retain
personnel who have skills and experience in financial
intelligence and emerging technologies in order to improve
analytic tradecraft.
(b) Elements.--The plan required by subsection (a) shall
include the following elements:
(1) An assessment, including measurable benchmarks of
progress, of current initiatives of the intelligence
community to recruit, train, and retain personnel who have
skills and experience in financial intelligence and emerging
technologies.
(2) An assessment of whether personnel in the intelligence
community who have such skills are currently well integrated
into the analytical cadre of the relevant elements of the
intelligence community that produce analyses with respect to
financial intelligence and emerging technologies.
(3) An identification of challenges to hiring or
compensation in the intelligence community that limit
progress toward rapidly increasing the number of personnel
with such skills, and an identification of hiring or other
reforms to resolve such challenges.
(4) A determination of whether the National Intelligence
University has the resources and expertise necessary to train
existing personnel in financial intelligence and emerging
technologies.
(5) A strategy, including measurable benchmarks of
progress, to, by January 1, 2025, increase by 10 percent the
analytical cadre of personnel with expertise and previous
employment in financial intelligence and emerging
technologies.
SEC. 302. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF
INTELLIGENCE COMMUNITY WORKFORCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Secretary of
Defense and the Director of the Office of Personnel
Management as the Director of National Intelligence considers
appropriate, develop and implement a policy and performance
framework to ensure the timely and effective mobility of
employees and contractors of the Federal Government who are
transferring employment between elements of the intelligence
community.
(b) Elements.--The policy and performance framework
required by subsection (a) shall include processes with
respect to the following:
(1) Human resources.
(2) Medical reviews.
(3) Determinations of suitability or eligibility for access
to classified information in accordance with Executive Order
13467 (50 U.S.C. 3161 note; relating to reforming processes
related to suitability for Government employment, fitness for
contractor employees, and eligibility for access to
classified national security information).
SEC. 303. IN-STATE TUITION RATES FOR ACTIVE DUTY MEMBERS OF
THE INTELLIGENCE COMMUNITY.
(a) In General.--Section 135(d) of the Higher Education Act
of 1965 (20 U.S.C. 1015d(d)), as amended by section
6206(a)(4) of the Foreign Service Families Act of 2021
(Public Law 117-81), is further amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a member of the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) (other than a member of the Armed Forces of the United
States) who is on active duty for a period of more than 30
days.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect at each public institution of higher
education in a State that receives assistance under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the
first period of enrollment at such institution that begins
after July 1, 2026.
SEC. 304. STANDARDS, CRITERIA, AND GUIDANCE FOR
COUNTERINTELLIGENCE VULNERABILITY ASSESSMENTS
AND SURVEYS.
Section 904(d)(7)(A) of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as
follows:
``(A) Counterintelligence vulnerability assessments and
surveys.--To develop standards, criteria, and guidance for
counterintelligence risk assessments and surveys of the
vulnerability of the United States to intelligence threats,
including with respect to critical infrastructure and
critical technologies, in order to identify the areas,
programs, and activities that require protection from such
threats.''.
SEC. 305. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT
RESTRICTIONS FOR INTELLIGENCE COMMUNITY.
Section 304 of the National Security Act of 1947 (50 U.S.C.
3073a) is amended--
(1) in subsection (c)(1)--
(A) by striking ``A former'' and inserting the following:
``(A) In general.--A former''; and
(B) by adding at the end the following:
``(B) Prior disclosure to director of national
intelligence.--
``(i) In general.--In the case of a former employee who
occupies a covered post-service position in violation of
subsection (a), whether the former employee voluntarily
notified the Director of National Intelligence of the intent
of the former employee to occupy such covered post-service
position before occupying such post-service position may be
used in determining whether the violation was knowing and
willful for purposes of subparagraph (A).
``(ii) Procedures and guidance.--The Director of National
Intelligence may establish procedures and guidance relating
to the submittal of notice for purposes of clause (i).''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``the restrictions under
subsection (a) and'' before ``the report requirements'';
(B) in paragraph (2), by striking ``ceases to occupy'' and
inserting ``occupies''; and
(C) in paragraph (3)(B), by striking ``before the person
ceases to occupy a covered intelligence position'' and
inserting ``when the person occupies a covered intelligence
position''.
SEC. 306. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND
SECURITY CENTER.
(a) In General.--Section 904 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Mission.--The mission of the National
Counterintelligence and Security Center shall include
organizing and leading strategic planning for
counterintelligence activities of the United States
Government by integrating instruments of national power as
needed to counter foreign intelligence activities.''.
(b) Conforming Amendments.--
(1) Counterintelligence enhancement act of 2002.--Section
904 of the Counterintelligence Enhancement Act of 2002 (50
U.S.C. 3383) is amended--
(A) in subsection (e), as redesignated by subsection
(a)(1), by striking ``Subject to subsection (e)'' both places
it appears and inserting ``Subject to subsection (f)''; and
(B) in subsection (f), as so redesignated--
(i) in paragraph (1), by striking ``subsection (d)(1)'' and
inserting ``subsection (e)(1)''; and
(ii) in paragraph (2), by striking ``subsection (d)(2)''
and inserting ``subsection (e)(2)''.
(2) Counterintelligence and security enhancements act of
1994.--Section 811(d)(1)(B)(ii) of the Counterintelligence
and Security Enhancements Act of 1994 (50 U.S.C.
3381(d)(1)(B)(ii)) is amended by striking ``section 904(d)(2)
of that Act (50 U.S.C. 3383(d)(2))'' and inserting ``section
904(e)(2) of that Act (50 U.S.C. 3383(e)(2))''.
SEC. 307. PROHIBITION RELATING TO TRANSPORT OF INDIVIDUALS
DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) Definition of Individual Detained at Guantanamo.--In
this section, the term ``individual detained at Guantanamo''
has the meaning given that term in section 1034(f)(2) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 971; 10 U.S.C. 801 note).
(b) Prohibition on Chartering Private or Commercial
Aircraft to Transport Individuals Detained at United States
Naval Station, Guantanamo Bay, Cuba.--No head of an element
of the intelligence community may charter any private or
commercial aircraft to transport an individual who is or was
an individual detained at Guantanamo.
SEC. 308. DEPARTMENT OF ENERGY SCIENCE AND TECHNOLOGY RISK
ASSESSMENTS.
(a) Definitions.--In this section:
(1) Country of risk.--
(A) In general.--The term ``country of risk'' means a
foreign country determined by the Secretary, in accordance
with subparagraph (B), to present a risk of theft of United
States intellectual property or a threat to the national
security of the United States if nationals of the country, or
entities owned
[[Page S4198]]
or controlled by the country or nationals of the country,
participate in any research, development, demonstration, or
deployment activity authorized under this Act or an amendment
made by this Act.
(B) Determination.--In making a determination under
subparagraph (A), the Secretary, in coordination with the
Director of the Office of Intelligence and
Counterintelligence, shall take into consideration--
(i) the most recent World Wide Threat Assessment of the
United States Intelligence Community, prepared by the
Director of National Intelligence; and
(ii) the most recent National Counterintelligence Strategy
of the United States.
(2) Covered support.--The term ``covered support'' means
any grant, contract, subcontract, award, loan, program,
support, or other activity authorized under this Act or an
amendment made by this Act.
(3) Entity of concern.--The term ``entity of concern''
means any entity, including a national, that is--
(A) identified under section 1237(b) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (50
U.S.C. 1701 note; Public Law 105-261);
(B) identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (10 U.S.C. 113 note; Public Law 116-283);
(C) on the Entity List 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;
(D) included in the list required by section 9(b)(3) of the
Uyghur Human Rights Policy Act of 2020 (Public Law 116-145;
134 Stat. 656); or
(E) identified by the Secretary, in coordination with the
Director of the Office of Intelligence and
Counterintelligence and the applicable office that would
provide, or is providing, covered support, as posing an
unmanageable threat--
(i) to the national security of the United States; or
(ii) of theft or loss of United States intellectual
property.
(4) National.--The term ``national'' has the meaning given
the term in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Science and Technology Risk Assessment.--
(1) In general.--The Secretary shall develop and maintain
tools and processes to manage and mitigate research security
risks, such as a science and technology risk matrix, informed
by threats identified by the Director of the Office of
Intelligence and Counterintelligence, to facilitate
determinations of the risk of loss of United States
intellectual property or threat to the national security of
the United States posed by activities carried out under any
covered support.
(2) Content and implementation.--In developing and using
the tools and processes developed under paragraph (1), the
Secretary shall--
(A) deploy risk-based approaches to evaluating, awarding,
and managing certain research, development, demonstration,
and deployment activities, including designations that will
indicate the relative risk of activities;
(B) assess, to the extent practicable, ongoing high-risk
activities;
(C) designate an officer or employee of the Department of
Energy to be responsible for tracking and notifying
recipients of any covered support of unmanageable threats to
United States national security or of theft or loss of United
States intellectual property posed by an entity of concern;
(D) consider requiring recipients of covered support to
implement additional research security mitigations for
higher-risk activities if appropriate; and
(E) support the development of research security training
for recipients of covered support on the risks posed by
entities of concern.
(3) Annual updates.--The tools and processes developed
under paragraph (1) shall be evaluated annually and updated
as needed, with threat-informed input from the Office of
Intelligence and Counterintelligence, to reflect changes in
the risk designation under paragraph (2)(A) of research,
development, demonstration, and deployment activities
conducted by the Department of Energy.
(c) Entity of Concern.--
(1) Prohibition.--Except as provided in paragraph (2), no
entity of concern, or individual that owns or controls, is
owned or controlled by, or is under common ownership or
control with an entity of concern, may receive, or perform
work under, any covered support.
(2) Waiver of prohibition.--
(A) In general.--The Secretary may waive the prohibition
under paragraph (1) if determined by the Secretary to be in
the national interest.
(B) Notification to congress.--Not less than 2 weeks prior
to issuing a waiver under subparagraph (A), the Secretary
shall notify Congress of the intent to issue the waiver,
including a justification for the waiver.
(3) Penalty.--
(A) Termination of support.--On finding that any entity of
concern or individual described in paragraph (1) has received
covered support and has not received a waiver under paragraph
(2), the Secretary shall terminate all covered support to
that entity of concern or individual, as applicable.
(B) Penalties.--An entity of concern or individual
identified under subparagraph (A) shall be--
(i) prohibited from receiving or participating in covered
support for a period of not less than 1 year but not more
than 10 years, as determined by the Secretary; or
(ii) instead of the penalty described in clause (i),
subject to any other penalties authorized under applicable
law or regulations that the Secretary determines to be in the
national interest.
(C) Notification to congress.--Prior to imposing a penalty
under subparagraph (B), the Secretary shall notify Congress
of the intent to impose the penalty, including a description
of and justification for the penalty.
(4) Coordination.--The Secretary shall--
(A) share information about the unmanageable threats
described in subsection (a)(3)(E) with other Federal
agencies; and
(B) develop consistent approaches to identifying entities
of concern.
(d) International Agreements.--This section shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
(e) Report Required.--Not later than 240 days after the
date of enactment of this Act, the Secretary shall submit to
Congress a report that--
(1) describes--
(A) the tools and processes developed under subsection
(b)(1) and any updates to those tools and processes; and
(B) if applicable, the science and technology risk matrix
developed under that subsection and how that matrix has been
applied;
(2) includes a mitigation plan for managing risks posed by
countries of risk with respect to future or ongoing research
and development activities of the Department of Energy; and
(3) defines critical research areas, designated by risk, as
determined by the Secretary.
SEC. 309. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY
RISK ASSESSMENTS.
(a) Risk Assessment Documents and Materials.--Except as
provided in subsection (b), whenever an element of the
intelligence community conducts a risk assessment arising
from the mishandling or improper disclosure of classified
information, the Director of National Intelligence shall, not
later than 30 days after the date of the commencement of such
risk assessment--
(1) submit to the congressional intelligence committees
copies of such documents and materials as are--
(A) within the jurisdiction of such committees; and
(B) subject to the risk assessment; and
(2) provide such committees a briefing on such documents,
materials, and risk assessment.
(b) Exception.--If the Director determines, with respect to
a risk assessment described in subsection (a), that the
documents and other materials otherwise subject to paragraph
(1) of such subsection (a) are of such a volume that
submittal pursuant to such paragraph would be impracticable,
the Director shall--
(1) in lieu of submitting copies of such documents and
materials, submit a log of such documents and materials; and
(2) pursuant to a request by the Select Committee on
Intelligence of the Senate or the Permanent Select Committee
on Intelligence of the House of Representatives for a copy of
a document or material included in such log, submit to such
committee such copy.
SEC. 310. INSPECTOR GENERAL REVIEW OF DISSEMINATION BY
FEDERAL BUREAU OF INVESTIGATION RICHMOND,
VIRGINIA, FIELD OFFICE OF CERTAIN DOCUMENT.
(a) Review Required.--Not later than 120 days after the
date of the enactment of this Act, the Inspector General of
the Department of Justice shall conduct a review of the
actions and events, including any underlying policy
direction, that served as a basis for the January 23, 2023,
dissemination by the field office of the Federal Bureau of
Investigation located in Richmond, Virginia, of a document
titled ``Interest of Racially or Ethnically Motivated Violent
Extremists in Radical-Traditionalist Catholic Ideology Almost
Certainly Presents New Mitigation Opportunities.''.
(b) Submittal to Congress.--The Inspector General of the
Department of Justice shall submit the findings of the
Inspector General with respect to the review required by
subsection (a) to the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary, Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate.
(3) The Committee on the Judiciary, the Committee on
Oversight and Accountability, and the Committee on
Appropriations of the House of Representatives.
SEC. 311. OFFICE OF INTELLIGENCE AND ANALYSIS.
Section 201 of the Homeland Security Act of 2002 (6 U.S.C.
121) is amended by adding at the end the following:
``(h) Prohibition.--
``(1) Definition.--In this subsection, the term `United
States person' means a United States citizen, an alien known
by the Office
[[Page S4199]]
of Intelligence and Analysis to be a permanent resident
alien, an unincorporated association substantially composed
of United States citizens or permanent resident aliens, or a
corporation incorporated in the United States, except for a
corporation directed and controlled by 1 or more foreign
governments.
``(2) Collection of information from united states
persons.--
``(A) In general.--Notwithstanding any other provision of
law, the Office of Intelligence and Analysis may not engage
in the collection of information or intelligence targeting
any United States person except as provided in subparagraph
(B).
``(B) Exception.--Subparagraph (A) shall not apply to any
employee, officer, or contractor of the Office of
Intelligence and Analysis who is responsible for collecting
information from individuals working for a State, local, or
Tribal territory government or a private employer.''.
Subtitle B--Central Intelligence Agency
SEC. 321. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF
MENTAL HEALTH TREATMENT FOR UNLAWFUL CONDUCT ON
CENTRAL INTELLIGENCE AGENCY INSTALLATIONS.
Section 15(b) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3515(b)) is amended, in the second sentence,
by striking ``those specified in section 1315(c)(2) of title
40, United States Code'' and inserting ``the maximum penalty
authorized for a Class B misdemeanor under section 3559 of
title 18, United States Code''.
SEC. 322. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE
CENTRAL INTELLIGENCE AGENCY.
Section 3 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3503) is amended--
(1) in subsection (a), by striking ``sections'' and all
that follows through ``session)'' and inserting ``sections
3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through
3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title
10, United States Code'' and
(2) in subsection (d), by striking ``in paragraphs'' and
all that follows through ``1947'' and inserting ``in sections
3201 through 3204 of title 10, United States Code, shall not
be delegable. Each determination or decision required by
sections 3201 through 3204, 3321 through 3323, and 3841 of
title 10, United States Code''.
SEC. 323. ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY
STANDARD WORKPLACE SEXUAL MISCONDUCT COMPLAINT
INVESTIGATION PROCEDURE.
(a) Workplace Sexual Misconduct Defined.--The term
``workplace sexual misconduct''--
(1) means unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual
nature when--
(A) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment;
(B) submission to or rejection of such conduct by an
individual is used as the basis for employment decisions
affecting such individual; or
(C) such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating
an intimidating, hostile, or offensive working environment;
and
(2) includes sexual harassment and sexual assault.
(b) Standard Complaint Investigation Procedure.--Not later
than 90 days after the date of the enactment of this Act, the
Director of the Central Intelligence Agency shall--
(1) establish a standard workplace sexual misconduct
complaint investigation procedure;
(2) implement the standard workplace sexual misconduct
complaint investigation procedure through clear workforce
communication and education on the procedure; and
(3) submit the standard workplace sexual misconduct
complaint investigation procedure to the congressional
intelligence committees.
(c) Minimum Requirements.--The procedure established
pursuant to subsection (b)(1) shall, at a minimum--
(1) identify the individuals and offices of the Central
Intelligence Agency to which an employee of the Agency may
bring a complaint of workplace sexual misconduct;
(2) detail the steps each individual or office identified
pursuant to paragraph (1) shall take upon receipt of a
complaint of workplace sexual misconduct and the timeframes
within which those steps shall be taken, including--
(A) documentation of the complaint;
(B) referral or notification to another individual or
office;
(C) measures to document or preserve witness statements or
other evidence; and
(D) preliminary investigation of the complaint;
(3) set forth standard criteria for determining whether a
complaint of workplace sexual misconduct will be referred to
law enforcement and the timeframe within which such a
referral shall occur; and
(4) for any complaint not referred to law enforcement, set
forth standard criteria for determining--
(A) whether a complaint has been substantiated; and
(B) for any substantiated complaint, the appropriate
disciplinary action.
(d) Annual Reports.--On or before April 30 of each year,
the Director shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives an annual report that includes, for the
preceding calendar year, the following:
(1) The number of workplace sexual misconduct complaints
brought to each individual or office of the Central
Intelligence Agency identified pursuant to subsection (c)(1),
disaggregated by--
(A) complaints referred to law enforcement; and
(B) complaints substantiated.
(2) For each complaint described in paragraph (1) that is
substantiated, a description of the disciplinary action taken
by the Director.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR
ACCOUNTABILITY OF ATROCITIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Atrocity.--The term ``atrocity'' means a crime against
humanity, genocide, or a war crime.
(2) Foreign person.--The term ``foreign person'' means--
(A) any person or entity that is not a United States
person; or
(B) any entity not organized under the laws of the United
States or of any jurisdiction within the United States.
(3) United states person.--The term ``United States
person'' has the meaning given that term in section 105A(c)
of the National Security Act of 1947 (50 U.S.C. 3039).
(b) Intelligence Community Coordinator for Accountability
of Atrocities of the People's Republic of China.--
(1) Designation.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall designate a senior official of the Office
of the Director of National Intelligence to serve as the
intelligence community coordinator for accountability of
atrocities of the People's Republic of China (in this section
referred to as the ``Coordinator'').
(2) Duties.--The Coordinator shall lead the efforts of and
coordinate and collaborate with the intelligence community
with respect to the following:
(A) Identifying and addressing any gaps in intelligence
collection relating to atrocities of the People's Republic of
China, including by recommending the modification of the
priorities of the intelligence community with respect to
intelligence collection and by utilizing informal processes
and collaborative mechanisms with key elements of the
intelligence community to increase collection on atrocities
of the People's Republic of China.
(B) Prioritizing and expanding the intelligence analysis
with respect to ongoing atrocities of the People's Republic
of China and disseminating within the United States
Government intelligence relating to the identification and
activities of foreign persons suspected of being involved
with or providing support to atrocities of the People's
Republic of China, including genocide and forced labor
practices in Xinjiang, in order to support the efforts of
other Federal agencies, including the Department of State,
the Department of Justice, the Department of the Treasury,
the Office of Foreign Assets Control, the Department of
Commerce, the Bureau of Industry and Security, U.S. Customs
and Border Protection, and the National Security Council, to
hold the People's Republic of China accountable for such
atrocities.
(C) Increasing efforts to declassify and share with the
people of the United States and the international community
information regarding atrocities of the People's Republic of
China in order to expose such atrocities and counter the
disinformation and misinformation campaign by the People's
Republic of China to deny such atrocities.
(D) Documenting and storing intelligence and other
unclassified information that may be relevant to preserve as
evidence of atrocities of the People's Republic of China for
future accountability, and ensuring that other relevant
Federal agencies receive appropriate support from the
intelligence community with respect to the collection,
analysis, preservation, and, as appropriate, dissemination,
of intelligence related to atrocities of the People's
Republic of China, which may include the information from the
annual report required by section 6504 of the Intelligence
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
(E) Sharing information with the Forced Labor Enforcement
Task Force, established under section 741 of the United
States-Mexico-Canada Agreement Implementation Act (19 U.S.C.
4681), the Department of Commerce, and the Department of the
Treasury for the purposes of entity listings and sanctions.
(3) Plan required.--Not later than 120 days after the date
of the enactment of this Act, the Director shall submit to
the appropriate committees of Congress--
(A) the name of the official designated as the Coordinator
pursuant to paragraph (1); and
(B) the strategy of the intelligence community for the
collection and dissemination of intelligence relating to
ongoing atrocities of the People's Republic of China,
including a detailed description of how the Coordinator
[[Page S4200]]
shall support, and assist in facilitating the implementation
of, such strategy.
(4) Annual report to congress.--
(A) Reports required.--Not later than May 1, 2024, and
annually thereafter until May 1, 2034, the Director shall
submit to Congress a report detailing, for the year covered
by the report--
(i) the analytical findings, changes in collection, and
other activities of the intelligence community with respect
to ongoing atrocities of the People's Republic of China;
(ii) the recipients of information shared pursuant to this
section for the purpose of--
(I) providing support to Federal agencies to hold the
People's Republic of China accountable for such atrocities;
and
(II) sharing information with the people of the United
States to counter the disinformation and misinformation
campaign by the People's Republic of China to deny such
atrocities; and
(iii) with respect to clause (ii), the date of any such
sharing.
(B) Form.--Each report submitted under subparagraph (A) may
be submitted in classified form, consistent with the
protection of intelligence sources and methods.
(c) Sunset.--This section shall cease to have effect on the
date that is 10 years after the date of the enactment of this
Act.
SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON THE MALIGN
EFFORTS OF THE PEOPLE'S REPUBLIC OF CHINA IN
AFRICA.
(a) Establishment.--
(1) In general.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence
community as the Director considers appropriate, shall
establish an interagency working group within the
intelligence community to analyze the tactics and
capabilities of the People's Republic of China in Africa.
(2) Establishment flexibility.--The working group
established under paragraph (1) may be--
(A) independently established; or
(B) to avoid redundancy, incorporated into existing working
groups or cross-intelligence efforts within the intelligence
community.
(b) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Subcommittee
on Defense of the Committee on Appropriations of the Senate;
and
(C) the Committee on Foreign Affairs and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
(2) In general.--Not later than 120 days after the date of
the enactment of this Act, and twice annually thereafter, the
working group established under subsection (a) shall submit
to the appropriate committees of Congress a report on the
specific tactics and capabilities of the People's Republic of
China in Africa.
(3) Elements.--Each report required by paragraph (2) shall
include the following elements:
(A) An assessment of efforts by the Government of the
People's Republic of China to exploit mining and reprocessing
operations in Africa.
(B) An assessment of efforts by the Government of the
People's Republic of China to provide or fund technologies in
Africa, including--
(i) telecommunications and energy technologies, such as
advanced reactors, transportation, and other commercial
products; and
(ii) by requiring that the People's Republic of China be
the sole provider of such technologies.
(C) An assessment of efforts by the Government of the
People's Republic of China to expand intelligence
capabilities in Africa.
(D) A description of actions taken by the intelligence
community to counter such efforts.
(E) An assessment of additional resources needed by the
intelligence community to better counter such efforts.
(4) Form.--Each report required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
(c) Sunset.--The requirements of this section shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT BY
INTELLIGENCE COMMUNITY WORKING GROUP FOR
MONITORING THE ECONOMIC AND TECHNOLOGICAL
CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.
Section 6503(c)(3)(D) of the Intelligence Authorization Act
for Fiscal Year 2023 (division F of Public Law 117-263) is
amended by striking ``the top 200'' and inserting ``all the
known''.
SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP
BETWEEN THE UNITED STATES AND THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Assistant Secretary of State
for Intelligence and Research, in consultation with the
Director of National Intelligence and such other heads of
elements of the intelligence community as the Assistant
Secretary considers relevant, shall submit to Congress the
following:
(1) A comprehensive assessment that identifies critical
areas in the security, diplomatic, economic, financial,
technological, scientific, commercial, academic, and cultural
spheres in which the United States does not enjoy a
reciprocal relationship with the People's Republic of China.
(2) A comprehensive assessment that describes how the lack
of reciprocity between the People's Republic of China and the
United States in the areas identified in the assessment
required by paragraph (1) provides advantages to the People's
Republic of China.
(b) Form of Assessments.--
(1) Critical areas.--The assessment required by subsection
(a)(1) shall be submitted in unclassified form.
(2) Advantages.--The assessment required by subsection
(a)(2) shall be submitted in classified form.
SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMUNITY EFFORTS
TO IDENTIFY AND MITIGATE CHINESE COMMUNIST
PARTY AND RUSSIAN FOREIGN MALIGN INFLUENCE
OPERATIONS AGAINST THE UNITED STATES.
(a) Definitions.--In this section:
(1) Chinese entities engaged in foreign malign influence
operations.--The term ``hinese entities engaged in foreign
malign influence operations'' means all of the elements of
the Government of the People's Republic of China and the
Chinese Communist Party involved in foreign malign influence,
such as--
(A) the Ministry of State Security;
(B) other security services of the People's Republic of
China;
(C) the intelligence services of the People's Republic of
China;
(D) the United Front Work Department and other united front
organs;
(E) state-controlled media systems, such as the China
Global Television Network (CGTN); and
(F) any entity involved in foreign malign influence
operations that demonstrably and intentionally disseminate
false information and propaganda of the Government of the
People's Republic of China or the Chinese Communist Party.
(2) Russian malign influence actors.--The term ``Russian
malign influence actors'' refers to entities or individuals
engaged in foreign malign influence operations against the
United States who are affiliated with--
(A) the intelligence and security services of the Russian
Federation
(B) the Presidential Administration;
(C) any other entity of the Government of the Russian
Federation; or
(D) Russian mercenary or proxy groups such as the Wagner
Group.
(3) Foreign malign influence operation.--The term ``foreign
malign influence operation'' means a coordinated and often
concealed activity that is covered by the definition of the
term ``foreign malign influence'' in section 119C of the
National Security Act of 1947 (50 U.S.C. 3059) and uses
disinformation, press manipulation, economic coercion,
targeted investments, corruption, or academic censorship,
which are often intended--
(A) to coerce and corrupt United States interests, values,
institutions, or individuals; and
(B) to foster attitudes, behavior, decisions, or outcomes
in the United States that support the interests of the
Government of the People's Republic of China or the Chinese
Communist Party.
(b) Briefing Required.--Not later than 120 days after the
date of the enactment of this Act and annually thereafter
until the date that is 5 years after the date of the
enactment of this Act, the Director of the Foreign Malign
Influence Center shall, in collaboration with the heads of
the elements of the intelligence community, provide Congress
a classified briefing on the ways in which the relevant
elements of the intelligence community are working internally
and coordinating across the intelligence community to
identify and mitigate the actions of Chinese and Russian
entities engaged in foreign malign influence operations
against the United States, including against United States
persons.
(c) Elements.--The classified briefing required by
subsection (b) shall cover the following:
(1) The Government of the Russian Federation, the
Government of the People's Republic of China, and the Chinese
Communist Party tactics, tools, and entities that spread
disinformation, misinformation, and malign information and
conduct influence operations, information campaigns, or other
propaganda efforts.
(2) A description of ongoing foreign malign influence
operations and campaigns of the Russian Federation against
the United States and an assessment of their objectives and
effectiveness in meeting those objectives.
(3) A description of ongoing foreign malign influence
operations and campaigns of the People's Republic of China
against the United States and an assessment of their
objectives and effectiveness in meeting those objectives.
(4) A description of any cooperation, information-sharing,
amplification, or other coordination between the Russian
Federation and the People's Republic of China in developing
or carrying out foreign malign influence operations against
the United States.
[[Page S4201]]
(5) A description of front organizations, proxies, cut-
outs, aligned third-party countries, or organizations used by
the Russian Federation or the People's Republic of China to
carry out foreign malign influence operations against the
United States.
(6) An assessment of the loopholes or vulnerabilities in
United States law that Russia and the People's Republic of
China exploit to carry out foreign malign influence
operations.
(7) The actions of the Foreign Malign Influence Center, in
coordination with the Global Engagement Center, relating to
early-warning, information sharing, and proactive risk
mitigation systems, based on the list of entities identified
in subsection (a)(1), to detect, expose, deter, and counter
foreign malign influence operations of the Government of the
People's Republic of China or the Chinese Communist Party
against the United States.
(8) The actions of the Foreign Malign Influence Center to
conduct outreach, to identify and counter tactics, tools, and
entities described in paragraph (1) by sharing information
with allies and partners of the United States, in
coordination with the Global Engagement Center, as well as
State and local governments, the business community, and
civil society in order to expose the political influence
operations and information operations of the Government of
the Russian Federation and the Government of the People's
Republic of China or the Chinese Communist Party carried out
against individuals and entities in the United States.
SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS
BY CRANES MANUFACTURED BY COUNTRIES OF CONCERN.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Banking, Housing, and Urban Affairs, and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee on
Oversight and Accountability, the Committee on Financial
Services, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Country of concern.--The term ``country of concern''
has the meaning given that term in section 1(m)(1) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(m)(1)).
(b) Assessment.--The Director of National Intelligence, in
coordination with such other heads of the elements of the
intelligence community as the Director considers appropriate
and the Secretary of Defense, shall conduct an assessment of
the threat posed to United States ports by cranes
manufactured by countries of concern and commercial entities
of those countries, including the Shanghai Zhenhua Heavy
Industries Co. (ZPMC).
(c) Report and Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit a report and provide a briefing to
the appropriate committees of Congress on the findings of the
assessment required by subsection (b).
(2) Elements.--The report and briefing required by
paragraph (1) shall outline the potential for the cranes
described in subsection (b) to collect intelligence, disrupt
operations at United States ports, and impact the national
security of the United States.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle B--Other Foreign Countries
SEC. 411. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED
STATES CITIZENS AS HOSTAGES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
the Judiciary, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.
(b) In General.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on efforts by the Maduro regime in
Venezuela to detain United States citizens and lawful
permanent residents.
(c) Elements.--The report required by subsection (b) shall
include, regarding the arrest, capture, detainment, or
imprisonment of United States citizens and lawful permanent
residents, the following:
(1) The names, positions, and institutional affiliation of
Venezuelan individuals, or those acting on their behalf, who
have engaged in such activities.
(2) A description of any role played by transnational
criminal organizations, and an identification of such
organizations.
(3) Where relevant, an assessment of whether and how United
States citizens and lawful permanent residents have been
lured to Venezuela.
(4) An analysis of the motive for the arrest, capture,
detainment, or imprisonment of United States citizens and
lawful permanent residents.
(5) The total number of United States citizens and lawful
permanent residents detained or imprisoned in Venezuela as of
the date on which the report is submitted.
(d) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 412. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN
NATIONAL INTELLIGENCE PRIORITIES FRAMEWORK.
It is the sense of Congress that the trafficking of illicit
fentanyl, including precursor chemicals and manufacturing
equipment associated with illicit fentanyl production and
organizations that traffic or finance the trafficking of
illicit fentanyl, originating from the People's Republic of
China and Mexico should be among the highest priorities in
the National Intelligence Priorities Framework of the Office
of the Director of National Intelligence.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
SEC. 501. ASSIGNMENT OF DETAILEES FROM INTELLIGENCE COMMUNITY
TO DEPARTMENT OF COMMERCE.
(a) Authority.--In order to better facilitate the sharing
of actionable intelligence on foreign adversary intent,
capabilities, threats, and operations that pose a threat to
the interests or security of the United States, particularly
as they relate to the procurement, development, and use of
dual-use and emerging technologies, the Director of National
Intelligence may assign or facilitate the assignment of
members from across the intelligence community to serve as
detailees to the Bureau of Industry and Security of the
Department of Commerce.
(b) Assignment.--Detailees assigned pursuant to subsection
(a) shall be drawn from such elements of the intelligence
community as the Director considers appropriate, in
consultation with the Secretary of Commerce.
(c) Expertise.--The Director shall ensure that detailees
assigned pursuant to subsection (a) have subject matter
expertise on countries of concern, including China, Iran,
North Korea, and Russia, as well as functional areas such as
illicit procurement, counterproliferation, emerging and
foundational technology, economic and financial intelligence,
information and communications technology systems, supply
chain vulnerability, and counterintelligence.
(d) Duty Credit.--The detail of an employee of the
intelligence community to the Department of Commerce under
subsection (a) shall be without interruption or loss of civil
service status or privilege.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC AND
TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
Section 6503(c)(3) of the Intelligence Authorization Act
for Fiscal Year 2023 (Public Law 117-263) is amended by
adding at the end the following:
``(I) A detailed assessment, prepared in consultation with
all elements of the working group--
``(i) of the investments made by the People's Republic of
China in--
``(I) artificial intelligence;
``(II) next-generation energy technologies, especially
small modular reactors and advanced batteries; and
``(III) biotechnology; and
``(ii) that identifies--
``(I) competitive practices of the People's Republic of
China relating to the technologies described in clause (i);
``(II) opportunities to counter the practices described in
subclause (I);
``(III) countries the People's Republic of China is
targeting for exports of civil nuclear technology;
``(IV) countries best positioned to utilize civil nuclear
technologies from the United States in order to facilitate
the commercial export of those technologies;
``(V) United States vulnerabilities in the supply chain of
these technologies; and
``(VI) opportunities to counter the export by the People's
Republic of China of civil nuclear technologies globally.
``(J) An identification and assessment of any unmet
resource or authority needs of the working group that affect
the ability of the working group to carry out this
section.''.
SEC. 512. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR
INTELLIGENCE COMMUNITY CAPABILITIES.
(a) Assessment Required.--The Director of National
Intelligence shall, in consultation with the heads of such
other elements of the intelligence community as the Director
considers appropriate, conduct an assessment of capabilities
identified by the Intelligence Community Continuity Program
established pursuant to section E(3) of Intelligence
Community Directive 118, or any successor directive, or such
other intelligence community facilities or intelligence
community capabilities as may be determined by the Director
to be critical to United States national security, that have
unique energy needs--
[[Page S4202]]
(1) to ascertain the feasibility and advisability of using
civil nuclear reactors to meet such needs; and
(2) to identify such additional resources, technologies,
infrastructure, or authorities needed, or other potential
obstacles, to commence use of a nuclear reactor to meet such
needs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs and the Committee
on Appropriations of the Senate, and the Committee on
Oversight and Accountability and the Committee on
Appropriations of the House of Representatives a report,
which may be in classified form, on the findings of the
Director with respect to the assessment conducted pursuant to
subsection (a).
SEC. 513. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL
INTELLIGENCE FOR ARTIFICIAL INTELLIGENCE
CAPABILITIES.
(a) In General.--Section 6702 of the Intelligence
Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection (b)'' and inserting
``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Policies.--
``(1) In general.--In carrying out subsection (a)(1), not
later than 1 year after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2024, the
Director of National Intelligence, in consultation with the
heads of the elements of the intelligence community, the
Director of the Office of Management and Budget, and such
other officials as the Director of National Intelligence
determines appropriate, shall establish the policies
described in paragraph (2).
``(2) Policies described.--The policies described in this
paragraph are policies for the acquisition, adoption,
development, use, coordination, and maintenance of artificial
intelligence capabilities that--
``(A) establish a lexicon relating to the use of machine
learning and artificial intelligence developed or acquired by
elements of the intelligence community;
``(B) establish guidelines for evaluating the performance
of models developed or acquired by elements of the
intelligence community, such as by--
``(i) specifying conditions for the continuous monitoring
of artificial intelligence capabilities for performance,
including the conditions for retraining or retiring models
based on performance;
``(ii) documenting performance objectives, including
specifying how performance objectives shall be developed and
contractually enforced for capabilities procured from third
parties;
``(iii) specifying the manner in which models should be
audited, as necessary, including the types of documentation
that should be provided to any auditor; and
``(iv) specifying conditions under which models used by
elements of the intelligence community should be subject to
testing and evaluation for vulnerabilities to techniques
meant to undermine the availability, integrity, or privacy of
an artificial intelligence capability;
``(C) establish guidelines for tracking dependencies in
adjacent systems, capabilities, or processes impacted by the
retraining or sunsetting of any model described in
subparagraph (B);
``(D) establish documentation requirements for capabilities
procured from third parties, aligning such requirements, as
necessary, with existing documentation requirements
applicable to capabilities developed by elements of the
intelligence community;
``(E) establish standards for the documentation of imputed,
augmented, or synthetic data used to train any model
developed, procured, or used by an element of the
intelligence community; and
``(F) provide guidance on the acquisition and usage of
models that have previously been trained by a third party for
subsequent modification and usage by such an element.
``(3) Policy review and revision.--The Director of National
Intelligence shall periodically review and revise each policy
established under paragraph (1).''.
(b) Conforming Amendment.--Section 6712(b)(1) of such Act
(50 U.S.C. 3024 note) is amended by striking ``section
6702(b)'' and inserting ``section 6702(c)''.
TITLE VI--WHISTLEBLOWER MATTERS
SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND INFORMATION
BY WHISTLEBLOWERS IN THE INTELLIGENCE
COMMUNITY.
(a) Amendments to Chapter 4 of Title 5.--
(1) Appointment of security officers.--Section 416 of title
5, United States Code, is amended by adding at the end the
following:
``(i) Appointment of Security Officers.--Each Inspector
General under this section, including the designees of the
Inspector General of the Department of Defense pursuant to
subsection (b)(3), shall appoint within their offices
security officers to provide, on a permanent basis,
confidential, security-related guidance and direction to
employees and contractors described in subsection (b)(1) who
intend to report to Congress complaints or information, so
that such employees and contractors can obtain direction on
how to report to Congress in accordance with appropriate
security practices.''.
(2) Procedures.--Subsection (e) of such section is
amended--
(A) in paragraph (1), by inserting ``or any other committee
of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the intelligence
committees'';
(B) by amending paragraph (2) to read as follows:
``(2) Limitation.--
``(A) In general.--Except as provided in subparagraph (B),
the employee may contact an intelligence committee or another
committee of jurisdiction directly as described in paragraph
(1) of this subsection or in subsection (b)(4) only if the
employee--
``(i) before making such a contact, furnishes to the head
of the establishment, through the Inspector General (or
designee), a statement of the employee's complaint or
information and notice of the employee's intent to contact an
intelligence committee or another committee of jurisdiction
of the Senate or the House of Representatives directly; and
``(ii)(I) obtains and follows, from the head of the
establishment, through the Inspector General (or designee),
procedural direction on how to contact an intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives in accordance with
appropriate security practices; or
``(II) obtains and follows such procedural direction from
the applicable security officer appointed under subsection
(i).
``(B) Lack of procedural direction.--If an employee seeks
procedural direction under subparagraph (A)(ii) and does not
receive such procedural direction within 30 days, or receives
insufficient direction to report to Congress a complaint or
information, the employee may contact an intelligence
committee or any other committee of jurisdiction of the
Senate or the House of Representatives directly without
obtaining or following the procedural direction otherwise
required under such subparagraph.''; and
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
``(3) Committee members and staff.--An employee of an
element of the intelligence community who intends to report
to Congress a complaint or information may report such
complaint or information to the Chairman and Vice Chairman or
Ranking Member, as the case may be, of an intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives, a nonpartisan member of the
committee staff designated for purposes of receiving
complaints or information under this section, or a member of
the majority staff and a member of the minority staff of the
committee.''.
(3) Clarification of right to report directly to
congress.--Subsection (b) of such section is amended by
adding at the end the following:
``(4) Clarification of right to report directly to
congress.--Subject to paragraphs (2) and (3) of subsection
(e), an employee of an element of the intelligence community
who intends to report to Congress a complaint or information
may report such complaint or information directly to
Congress.''.
(b) Amendments to National Security Act of 1947.--
(1) Appointment of security officers.--Section 103H(j) of
the National Security Act of 1947 (50 U.S.C. 3033(j)) is
amended by adding at the end the following:
``(5) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
section 416(i) of title 5, United States Code.''.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of
such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives''
after ``either or both of the congressional intelligence
committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact a congressional intelligence committee or another
committee of jurisdiction directly as described in clause (i)
only if the employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact a congressional intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives directly; and
``(bb)(AA) obtains and follows, from the Director, through
the Inspector General, procedural direction on how to contact
a congressional intelligence committee or another committee
of jurisdiction of the Senate or the House of Representatives
in accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section
416(i) of title 5, United States Code.
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact a congressional intelligence committee
or any other committee of jurisdiction of the Senate or the
[[Page S4203]]
House of Representatives directly without obtaining or
following the procedural direction otherwise required under
such subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Ranking Member, as the case may
be, of a congressional intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of an element of the intelligence community
who intends to report to Congress a complaint or information
may report such complaint or information directly to
Congress, regardless of whether the complaint or information
is with respect to an urgent concern--
``(I) in lieu of reporting such complaint or information
under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).''.
(c) Amendments to the Central Intelligence Agency Act of
1949.--
(1) Appointment of security officers.--Section 17(d)(5) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
section 416(i) of title 5, United States Code.''.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives''
after ``either or both of the intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact an intelligence committee or another committee of
jurisdiction directly as described in clause (i) only if the
employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact an intelligence committee or
another committee of jurisdiction of the Senate or the House
of Representatives directly; and
``(bb)(AA) obtains and follows, from the Director, through
the Inspector General, procedural direction on how to contact
an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives in
accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section
416(i) of title 5, United States Code.
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information to the Chairman and Vice Chairman or Ranking
Member, as the case may be, of an intelligence committee or
another committee of jurisdiction of the Senate or the House
of Representatives, a nonpartisan member of the committee
staff designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information directly to Congress, regardless of whether
the complaint or information is with respect to an urgent
concern--
``(I) in lieu of reporting such complaint or information
under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).''.
(d) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to revoke
or diminish any right of an individual provided by section
2303 of title 5, United States Code.
SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER
IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER
DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN
INTELLIGENCE COMMUNITY.
(a) In General.--Section 1104 of the National Security Act
of 1947 (50 U.S.C. 3234) is amended--
(1) in subsection (a)(3) of such section--
(A) in subparagraph (I), by striking ``; or'' and inserting
a semicolon;
(B) by redesignating subparagraph (J) as subparagraph (K);
and
(C) by inserting after subparagraph (I) the following:
``(J) a knowing and willful disclosure revealing the
identity or other personally identifiable information of an
employee or contractor employee so as to identify the
employee or contractor employee as an employee or contractor
employee who has made a lawful disclosure described in
subsection (b) or (c); or'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Personnel Actions Involving Disclosure of
Whistleblower Identity.--A personnel action described in
subsection (a)(3)(J) shall not be considered to be in
violation of subsection (b) or (c) under the following
circumstances:
``(1) The personnel action was taken with the express
consent of the employee or contractor employee.
``(2) An Inspector General with oversight responsibility
for a covered intelligence community element determines
that--
``(A) the personnel action was unavoidable under section
103H(g)(3)(A) of this Act (50 U.S.C. 3033(g)(3)(A)), section
17(e)(3)(A) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(e)(3)(A)), section 407(b) of title 5, United
States Code, or section 420(b)(2)(B) of such title;
``(B) the personnel action was made to an official of the
Department of Justice responsible for determining whether a
prosecution should be undertaken; or
``(C) the personnel action was required by statute or an
order from a court of competent jurisdiction.''.
(b) Applicability to Detailees.--Subsection (a) of section
1104 of such Act (50 U.S.C. 3234) is amended by adding at the
end the following:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes
an individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Harmonization of Enforcement.--Subsection (g) of such
section, as redesignated by subsection (a)(2) of this
section, is amended to read as follows:
``(g) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement
of this section.
``(2) Harmonization with other enforcement.--To the fullest
extent possible, the President shall provide for enforcement
of this section in a manner that is consistent with the
enforcement of section 2302(b)(8) of title 5, United States
Code, especially with respect to policies and procedures used
to adjudicate alleged violations of such section.''.
SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY
CLEARANCE AND ACCESS DETERMINATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(4)) is amended to read as follows:
``(C) Contributing factor.--
``(i) In general.--Subject to clause (iii), in determining
whether the adverse security clearance or access
determination violated paragraph (1), the agency shall find
that paragraph (1) was violated if the individual has
demonstrated that a disclosure described in paragraph (1) was
a contributing factor in the adverse security clearance or
access determination taken against the individual.
``(ii) Circumstantial evidence.--An individual under clause
(i) may demonstrate that the disclosure was a contributing
factor in the adverse security clearance or access
determination taken against the individual through
circumstantial evidence, such as evidence that--
``(I) the official making the determination knew of the
disclosure; and
``(II) the determination occurred within a period such that
a reasonable person could conclude that the disclosure was a
contributing factor in the determination.
``(iii) Defense.--In determining whether the adverse
security clearance or access determination violated paragraph
(1), the agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure was a
contributing factor, the agency demonstrates by clear and
convincing evidence that it would have made the same security
clearance or access determination in the absence of such
disclosure.''.
SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR
RETALIATORY REVOCATION OF SECURITY CLEARANCES
AND ACCESS DETERMINATIONS.
Section 3001(j)(4)(B) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is
amended, in the second sentence, by striking ``not to exceed
$300,000''.
[[Page S4204]]
SEC. 605. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.
(a) Modification of Frequency of Whistleblower
Notifications to Inspector General of the Intelligence
Community.--Section 5334(a) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (Public Law 116-92; 50
U.S.C. 3033 note) is amended by striking ``in real time'' and
inserting ``monthly''.
(b) Repeal of Requirement for Inspectors General Reviews of
Enhanced Personnel Security Programs.--
(1) In general.--Section 11001 of title 5, United States
Code, is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(2) Technical corrections.--Subsection (d) of section 11001
of such title, as redesignated by paragraph (1)(B), is
amended--
(A) in paragraph (3), by adding ``and'' after the semicolon
at the end; and
(B) in paragraph (4), by striking ``; and'' and inserting a
period.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
SEC. 701. SHORT TITLE.
This subtitle may be cited as the ``Classification Reform
Act of 2023''.
SEC. 702. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' means any Executive agency
as defined in section 105 of title 5, United States Code, any
military department as defined in section 102 of such title,
and any other entity in the executive branch of the Federal
Government that comes into the possession of classified
information.
(2) Classify, classified, classification.--The terms
``classify'', ``classified'', and ``classification'' refer to
the process by which information is determined to require
protection from unauthorized disclosure pursuant to Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or previous and successor
executive orders or similar directives, or section 703 in
order to protect the national security of the United States.
(3) Classified information.--The term ``classified
information'' means information that has been classified
under Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or previous and
successor executive orders or similar directives, or section
703.
(4) Declassify, declassified, declassification.--The terms
``declassify'', ``declassified'', and ``declassification''
refer to the process by which information that has been
classified is determined to no longer require protection from
unauthorized disclosure pursuant to Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information), or previous and successor executive orders or
similar directives, or section 703.
(5) Information.--The term ``information'' means any
knowledge that can be communicated, or documentary material,
regardless of its physical form or characteristics, that is
owned by, is produced by or for, or is under the control of
the United States Government.
SEC. 703. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) In General.--The President may, in accordance with this
section, protect from unauthorized disclosure any information
owned by, produced by or for, or under the control of the
executive branch of the Federal Government when there is a
demonstrable need to do so in order to protect the national
security of the United States.
(b) Establishment of Standards and Procedures for
Classification and Declassification.--
(1) Governmentwide procedures.--
(A) Classification.--The President shall, to the extent
necessary, establish categories of information that may be
classified and procedures for classifying information under
subsection (a).
(B) Declassification.--At the same time the President
establishes categories and procedures under subparagraph (A),
the President shall establish procedures for declassifying
information that was previously classified.
(C) Minimum requirements.--The procedures established
pursuant to subparagraphs (A) and (B) shall--
(i) provide that information may be classified under this
section, and may remain classified under this section, only
if the harm to national security that might reasonably be
expected from disclosure of such information outweighs the
public interest in disclosure of such information;
(ii) establish standards and criteria for the
classification of information;
(iii) establish standards, criteria, and timelines for the
declassification of information classified under this
section;
(iv) provide for the automatic declassification of
classified records with permanent historical value;
(v) provide for the timely review of materials submitted
for pre-publication;
(vi) narrow the criteria for classification set forth under
section 1.4 of Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security information), as in
effect on the day before the date of the enactment of this
Act;
(vii) narrow the exemptions from automatic declassification
set forth under section 3.3(b) of Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information), as in effect on the day before the date of the
enactment of this Act;
(viii) provide a clear and specific definition of ``harm to
national security'' as it pertains to clause (i); and
(ix) provide a clear and specific definition of
``intelligence sources and methods'' as it pertains to the
categories and procedures under subparagraph (A).
(2) Agency standards and procedures.--
(A) In general.--The head of each agency shall establish a
single set of consolidated standards and procedures to permit
such agency to classify and declassify information created by
such agency in accordance with the categories and procedures
established by the President under this section and otherwise
to carry out this section.
(B) Submittal to congress.--Each agency head shall submit
to Congress the standards and procedures established by such
agency head under subparagraph (A).
(c) Conforming Amendment to FOIA.--Section 552(b)(1) of
title 5, United States Code, is amended to read as follows:
``(1)(A) specifically authorized to be classified under
section 703 of the Intelligence Authorization Act for Fiscal
Year 2024, or specifically authorized under criteria
established by an Executive order to be kept secret in the
interest of national security; and
``(B) are in fact properly classified pursuant to that
section or Executive order;''.
(d) Effective Date.--
(1) In general.--Subsections (a) and (b) shall take effect
on the date that is 180 days after the date of the enactment
of this Act.
(2) Relation to presidential directives.--Presidential
directives regarding classifying, safeguarding, and
declassifying national security information, including
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor
order, in effect on the day before the date of the enactment
of this Act, as well as procedures issued pursuant to such
Presidential directives, shall remain in effect until
superseded by procedures issues pursuant to subsection (b).
SEC. 704. TRANSPARENCY OFFICERS.
(a) Designation.--The Attorney General, the Secretary of
Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the
Secretary of Homeland Security, the Director of National
Intelligence, the Director of the Central Intelligence
Agency, the Director of the National Security Agency, the
Director of the Federal Bureau of Investigation, and the head
of any other department, agency, or element of the executive
branch of the Federal Government determined by the Privacy
and Civil Liberties Oversight Board established by section
1061 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (42 U.S.C. 2000ee) to be appropriate for coverage
under this section, shall each designate at least 1 senior
officer to serve as the principal advisor to assist such head
of a department, agency, or element and other officials of
the department, agency, or element of the head in identifying
records of significant public interest and prioritizing
appropriate review of such records in order to facilitate the
public disclosure of such records in redacted or unredacted
form.
(b) Determining Public Interest in Disclosure.--In
assisting the head of a department, agency, or element and
other officials of such department, agency, or element in
identifying records of significant public interest under
subsection (a), the senior officer designated by the head
under such subsection shall consider whether--
(1) or not disclosure of the information would better
enable United States citizens to hold Federal Government
officials accountable for their actions and policies;
(2) or not disclosure of the information would assist the
United States criminal justice system in holding persons
responsible for criminal acts or acts contrary to the
Constitution;
(3) or not disclosure of the information would assist
Congress or any committee or subcommittee thereof, in
carrying out its oversight responsibilities with regard to
the executive branch of the Federal Government or in
adequately informing itself of executive branch policies and
activities in order to carry out its legislative
responsibilities;
(4) the disclosure of the information would assist Congress
or the public in understanding the interpretation of the
Federal Government of a provision of law, including Federal
regulations, Presidential directives, statutes, case law, and
the Constitution of the United States; or
(5) or not disclosure of the information would bring about
any other significant benefit, including an increase in
public awareness or understanding of Government activities or
an enhancement of Federal Government efficiency.
(c) Periodic Reports.--
(1) In general.--Each senior officer designated under
subsection (a) shall periodically, but not less frequently
than annually, submit a report on the activities of the
officer, including the documents determined to be in the
public interest for disclosure under subsection (b), to--
(A) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate;
(B) the Committee on Oversight and Government Reform and
the Permanent Select Committee on Intelligence of the House
of Representatives; and
[[Page S4205]]
(C) the head of the department, agency, or element of the
senior officer.
(2) Form.--Each report submitted pursuant to paragraph (1)
shall be submitted, to the greatest extent possible, in
unclassified form, with a classified annex as may be
necessary.
Subtitle B--Sensible Classification Act of 2023
SEC. 711. SHORT TITLE.
This subtitle may be cited as the ``Sensible Classification
Act of 2023''.
SEC. 712. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Classification.--The term ``classification'' means the
act or process by which information is determined to be
classified information.
(3) Classified information.--The term ``classified
information'' means information that has been determined
pursuant to Executive Order 12958 (50 U.S.C. 3161 note;
relating to classified national security information), or
successor order, to require protection against unauthorized
disclosure and is marked to indicate its classified status
when in documentary form.
(4) Declassification.--The term ``declassification'' means
the authorized change in the status of information from
classified information to unclassified information.
(5) Document.--The term ``document'' means any recorded
information, regardless of the nature of the medium or the
method or circumstances of recording.
(6) Downgrade.--The term ``downgrade'' means a
determination by a declassification authority that
information classified and safeguarded at a specified level
shall be classified and safeguarded at a lower level.
(7) Information.--The term ``information'' means any
knowledge that can be communicated or documentary material,
regardless of its physical form or characteristics, that is
owned by, is produced by or for, or is under the control of
the United States Government.
(8) Originate, originating, and originated.--The term
``originate'', ``originating'', and ``originated'', with
respect to classified information and an authority, means the
authority that classified the information in the first
instance.
(9) Records.--The term ``records'' means the records of an
agency and Presidential papers or Presidential records, as
those terms are defined in title 44, United States Code,
including those created or maintained by a government
contractor, licensee, certificate holder, or grantee that are
subject to the sponsoring agency's control under the terms of
the contract, license, certificate, or grant.
(10) Security clearance.--The term ``security clearance''
means an authorization to access classified information.
(11) Unauthorized disclosure.--The term ``unauthorized
disclosure'' means a communication or physical transfer of
classified information to an unauthorized recipient.
(12) Unclassified information.--The term ``unclassified
information'' means information that is not classified
information.
SEC. 713. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--The Senate makes the following findings:
(1) According to a report released by the Office of the
Director of Intelligence in 2020 titled ``Fiscal Year 2019
Annual Report on Security Clearance Determinations'', more
than 4,000,000 individuals have been granted eligibility for
a security clearance.
(2) At least 1,300,000 of such individuals have been
granted access to information classified at the Top Secret
level.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the classification system of the Federal Government is
in urgent need of reform;
(2) the number of people with access to classified
information is exceedingly high and must be justified or
reduced;
(3) reforms are necessary to reestablish trust between the
Federal Government and the people of the United States; and
(4) classification should be limited to the minimum
necessary to protect national security while balancing the
public's interest in disclosure.
SEC. 714. CLASSIFICATION AUTHORITY.
(a) In General.--The authority to classify information
originally may be exercised only by--
(1) the President and, in the performance of executive
duties, the Vice President;
(2) the head of an agency or an official of any agency
authorized by the President pursuant to a designation of such
authority in the Federal Register; and
(3) an official of the Federal Government to whom authority
to classify information originally has been delegated
pursuant to subsection (c).
(b) Scope of Authority.--An individual authorized by this
section to classify information originally at a specified
level may also classify the information originally at a lower
level.
(c) Delegation of Original Classification Authority.--An
official of the Federal Government may be delegated original
classification authority subject to the following:
(1) Delegation of original classification authority shall
be limited to the minimum required to administer this
section. Agency heads shall be responsible for ensuring that
designated subordinate officials have a demonstrable and
continuing need to exercise this authority.
(2) Authority to originally classify information at the
level designated as ``Top Secret'' may be delegated only by
the President, in the performance of executive duties, the
Vice President, or an agency head or official designated
pursuant to subsection (a)(2).
(3) Authority to originally classify information at the
level designated as ``Secret'' or ``Confidential'' may be
delegated only by the President, in the performance of
executive duties, the Vice President, or an agency head or
official designated pursuant to subsection (a)(2), or the
senior agency official described in section 5.4(d) of
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor
order, provided that official has been delegated ``Top
Secret'' original classification authority by the agency
head.
(4) Each delegation of original classification authority
shall be in writing and the authority shall not be
redelegated except as provided by paragraphs (1), (2), and
(3). Each delegation shall identify the official by name or
position title.
(d) Training Required.--
(1) In general.--An individual may not be delegated
original classification authority under this section unless
the individual has first received training described in
paragraph (2).
(2) Training described.--Training described in this
paragraph is training on original classification that
includes instruction on the proper safeguarding of classified
information and of the criminal, civil, and administrative
sanctions that may be brought against an individual who fails
to protect classified information from unauthorized
disclosure.
(e) Exceptional Cases.--
(1) In general.--When an employee, contractor, licensee,
certificate holder, or grantee of an agency who does not have
original classification authority originates information
believed by that employee, contractor, licensee, certificate
holder, or grantee to require classification, the information
shall be protected in a manner consistent with Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order.
(2) Transmittal.--An employee, contractor, licensee,
certificate holder, or grantee described in paragraph (1),
who originates information described in such paragraph, shall
promptly transmit such information to--
(A) the agency that has appropriate subject matter interest
and classification authority with respect to this
information; or
(B) if it is not clear which agency has appropriate subject
matter interest and classification authority with respect to
the information, the Director of the Information Security
Oversight Office.
(3) Agency decisions.--An agency that receives information
pursuant to paragraph (2)(A) or (4) shall decide within 30
days whether to classify this information.
(4) Information security oversight office action.--If the
Director of the Information Security Oversight Office
receives information under paragraph (2)(B), the Director
shall determine the agency having appropriate subject matter
interest and classification authority and forward the
information, with appropriate recommendations, to that agency
for a classification determination.
SEC. 715. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.
(a) In General.--Whenever an agency is processing a request
pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'') or the
mandatory declassification review provisions of Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order, and
identifies responsive classified records that are more than
25 years of age as of December 31 of the year in which the
request is received, the head of the agency shall review the
record and process the record for declassification and
release by the National Declassification Center of the
National Archives and Records Administration.
(b) Application.--Subsection (a) shall apply--
(1) regardless of whether or not the record described in
such subsection is in the legal custody of the National
Archives and Records Administration; and
(2) without regard for any other provisions of law or
existing agreements or practices between agencies.
SEC. 716. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.
(a) Definitions.--In this section:
(1) Over-classification.--The term ``over-classification''
means classification at a level that exceeds the minimum
level of classification that is sufficient to protect the
national security of the United States.
(2) Sensible classification.--The term ``sensible
classification'' means classification at a level that is the
minimum level of classification that is sufficient to protect
the national security of the United States.
(b) Training Required.--Each head of an agency with
classification authority shall conduct training for employees
of the agency with classification authority to discourage
over-classification and to promote sensible classification.
SEC. 717. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION
BOARD.
Section 703 of the Public Interest Declassification Act of
2000 (50 U.S.C. 3355a) is amended--
[[Page S4206]]
(1) in subsection (c), by adding at the end the following:
``(5) A member of the Board whose term has expired may
continue to serve until a successor is appointed and sworn
in.''; and
(2) in subsection (f)--
(A) by inserting ``(1)'' before ``Any employee''; and
(B) by adding at the end the following:
``(2)(A) In addition to any employees detailed to the Board
under paragraph (1), the Board may hire not more than 12
staff members.
``(B) There are authorized to be appropriated to carry out
subparagraph (A) such sums as are necessary for fiscal year
2024 and each fiscal year thereafter.''.
SEC. 718. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND
DECLASSIFICATION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the Office of
Electronic Government (in this section referred to as the
``Administrator'') shall, in consultation with the Secretary
of Defense, the Director of the Central Intelligence Agency,
the Director of National Intelligence, the Public Interest
Declassification Board, the Director of the Information
Security Oversight Office, and the head of the National
Declassification Center of the National Archives and Records
Administration--
(1) research a technology-based solution--
(A) utilizing machine learning and artificial intelligence
to support efficient and effective systems for classification
and declassification; and
(B) to be implemented on an interoperable and federated
basis across the Federal Government; and
(2) submit to the President a recommendation regarding a
technology-based solution described in paragraph (1) that
should be adopted by the Federal Government.
(b) Staff.--The Administrator may hire sufficient staff to
carry out subsection (a).
(c) Report.--Not later than 540 days after the date of the
enactment of this Act, the President shall submit to Congress
a classified report on the technology-based solution
recommended by the Administrator under subsection (a)(2) and
the President's decision regarding its adoption.
SEC. 719. STUDIES AND RECOMMENDATIONS ON NECESSITY OF
SECURITY CLEARANCES.
(a) Agency Studies on Necessity of Security Clearances.--
(1) Studies required.--The head of each agency that grants
security clearances to personnel of such agency shall conduct
a study on the necessity of such clearances.
(2) Reports required.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, each head of an agency that
conducts a study under paragraph (1) shall submit to Congress
a report on the findings of the agency head with respect to
such study, which the agency head may classify as
appropriate.
(B) Required elements.--Each report submitted by the head
of an agency under subparagraph (A) shall include, for such
agency, the following:
(i) The number of personnel eligible for access to
information up to the ``Top Secret'' level.
(ii) The number of personnel eligible for access to
information up to the ``Secret'' level.
(iii) Information on any reduction in the number of
personnel eligible for access to classified information based
on the study conducted under paragraph (1).
(iv) A description of how the agency head will ensure that
the number of security clearances granted by such agency will
be kept to the minimum required for the conduct of agency
functions, commensurate with the size, needs, and mission of
the agency.
(3) Industry.--This subsection shall apply to the Secretary
of Defense in the Secretary's capacity as the Executive Agent
for the National Industrial Security Program, and the
Secretary shall treat contractors, licensees, and grantees as
personnel of the Department of Defense for purposes of the
studies and reports required by this subsection.
(b) Director of National Intelligence Review of Sensitive
Compartmented Information.--The Director of National
Intelligence shall--
(1) review the number of personnel eligible for access to
sensitive compartmented information; and
(2) submit to Congress a report on how the Director will
ensure that the number of such personnel is limited to the
minimum required.
(c) Agency Review of Special Access Programs.--Each head of
an agency who is authorized to establish a special access
program by Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security information), or
successor order, shall--
(1) review the number of personnel of the agency eligible
for access to such special access programs; and
(2) submit to Congress a report on how the agency head will
ensure that the number of such personnel is limited to the
minimum required.
(d) Secretary of Energy Review of Q and L Clearances.--The
Secretary of Energy shall--
(1) review the number of personnel of the Department of
Energy granted Q and L access; and
(2) submit to Congress a report on how the Secretary will
ensure that the number of such personnel is limited to the
minimum required
(e) Independent Reviews.--Not later than 180 days after the
date on which a study is completed under subsection (a) or a
review is completed under subsections (b) through (d), the
Director of the Information Security Oversight Office of the
National Archives and Records Administration, the Director of
National Intelligence, and the Public Interest
Declassification Board shall each review the study or review,
as the case may be.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES
FOR PERSONNEL VETTING.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 1 year after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a review of the extent to which the intelligence
community can use information technology services shared
among the intelligence community for purposes of personnel
vetting, including with respect to human resources,
suitability, and security.
SEC. 802. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS OF
TRUST FOR PERSONNEL VETTING.
(a) Timeliness Standard.--
(1) In general.--The President shall, acting through the
Security Executive Agent and the Suitability and
Credentialing Executive Agent, establish and publish in such
public venue as the President considers appropriate, new
timeliness performance standards for processing personnel
vetting trust determinations in accordance with the Federal
personnel vetting performance management standards.
(2) Quinquennial reviews.--Not less frequently than once
every 5 years, the President shall, acting through the
Security Executive Agent and the Suitability and
Credentialing Executive Agent--
(A) review the standards established pursuant to paragraph
(1); and
(B) pursuant to such review--
(i) update such standards as the President considers
appropriate; and
(ii) publish in the Federal Register such updates as may be
made pursuant to clause (i).
(3) Conforming amendment.--Section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341)
is amended by striking subsection (g).
(b) Quarterly Reports on Implementation.--
(1) In general.--Not less frequently than quarterly, the
Security Executive Agent and the Suitability and
Credentialing Executive Agent shall jointly make available to
the public a quarterly report on the compliance of Executive
agencies (as defined in section 105 of title 5, United States
Code) with the standards established pursuant to subsection
(a).
(2) Disaggregation.--Each report made available pursuant to
paragraph (1) shall disaggregate, to the greatest extent
practicable, data by appropriate category of personnel risk
and between Government and contractor personnel.
(c) Complementary Standards for Intelligence Community.--
The Director of National Intelligence may, in consultation
with the Security, Suitability, and Credentialing Performance
Accountability Council established pursuant to Executive
Order 13467 (50 U.S.C. 3161 note; relating to reforming
processes related to suitability for Government employment,
fitness for contractor employees, and eligibility for access
to classified national security information) establish for
the intelligence community standards complementary to those
established pursuant to subsection (a).
SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING TRUST
DETERMINATIONS.
(a) Definition of Personnel Vetting Trust Determination.--
In this section, the term ``personnel vetting trust
determination'' means any determination made by an executive
branch agency as to whether an individual can be trusted to
perform job functions or to be granted access necessary for a
position.
(b) Annual Report.--Not later than March 30, 2024, and
annually thereafter for 5 years, the Director of National
Intelligence, acting as the Security Executive Agent, and the
Director of the Office of Personnel Management, acting as the
Suitability and Credentialing Executive Agent, in
coordination with the Security, Suitability, and
Credentialing Performance Accountability Council, shall
jointly make available to the public a report on specific
types of personnel vetting trust determinations made during
the fiscal year preceding the fiscal year in which the report
is made available, disaggregated, to the greatest extent
possible, by the following:
(1) Determinations of eligibility for national security-
sensitive positions, separately noting--
(A) the number of individuals granted access to national
security information; and
[[Page S4207]]
(B) the number of individuals determined to be eligible for
but not granted access to national security information.
(2) Determinations of suitability or fitness for a public
trust position.
(3) Status as a Government employee, a contractor employee,
or other category.
(c) Elimination of Report Requirement.--Section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341) is amended by striking subsection (h).
SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF
TRUSTED WORKFORCE 2.0.
Not later than 1 year after the date of the enactment of
this Act, and once every 2 years thereafter until 2029, the
Comptroller General of the United States shall administer a
survey to such sample of Federal agencies, Federal
contractors, and other persons that require security
clearances to access classified information as the
Comptroller General considers appropriate to assess--
(1) the strengths and weaknesses of the implementation of
the Trusted Workforce 2.0 initiative; and
(2) the effectiveness of vetting Federal personnel while
managing risk during the onboarding of such personnel.
SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO
CLASSIFIED INFORMATION SOLELY BECAUSE OF PAST
USE OF CANNABIS.
(a) Definitions.--In this section:
(1) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(2) Eligibility for access to classified information.--The
term ``eligibility for access to classified information'' has
the meaning given the term in the procedures established
pursuant to section 801(a) of the National Security Act of
1947 (50 U.S.C. 3161(a)).
(b) Prohibition.--Notwithstanding any other provision of
law, the head of an element of the intelligence community may
not make a determination to deny eligibility for access to
classified information to an individual based solely on the
use of cannabis by the individual prior to the submission of
the application for a security clearance by the individual.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY
THE CENTRAL INTELLIGENCE AGENCY FOR QUALIFYING
INJURIES TO THE BRAIN.
Section 19A(d) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3519b(d)) is amended by striking paragraph
(3) and inserting the following new paragraph:
``(3) Funding.--
``(A) In general.--Payment under paragraph (2) in a fiscal
year may be made using any funds--
``(i) appropriated in advance specifically for payments
under such paragraph; or
``(ii) reprogrammed in accordance with section 504 of the
National Security Act of 1947 (50 U.S.C. 3094).
``(B) Budget.--For each fiscal year, the Director shall
include with the budget justification materials submitted to
Congress in support of the budget of the President for that
fiscal year pursuant to section 1105(a) of title 31, United
States Code, an estimate of the funds required in that fiscal
year to make payments under paragraph (2).''.
SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN
BENEFITS RELATING TO INJURIES TO THE BRAIN.
(a) In General.--Section 19A(d)(5) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is
amended--
(1) by striking ``Payments made'' and inserting the
following:
``(A) In general.--Payments made''; and
(2) by adding at the end the following:
``(B) Relation to certain federal workers compensation
laws.--Without regard to the requirements in sections (b) and
(c), covered employees need not first seek benefits provided
under chapter 81 of title 5, United States Code, to be
eligible solely for payment authorized under paragraph (2) of
this subsection.''.
(b) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall--
(1) revise applicable regulations to conform with the
amendment made by subsection (a); and
(2) submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives copies of such regulations, as revised
pursuant to paragraph (1).
SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT
OF 2021 AUTHORITIES.
(a) Regulations.--Except as provided in subsection (c), not
later than 180 days after the date of the enactment of this
Act, each head of an element of the intelligence community
that has not already done so shall--
(1) issue regulations and procedures to implement the
authorities provided by section 19A(d) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and
section 901(i) of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to
provide payments under such sections, to the degree that such
authorities are applicable to the head of the element; and
(2) submit to the congressional intelligence, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives committees
copies of such regulations.
(b) Reporting.--Not later than 210 days after the date of
the enactment of this Act, each head of an element of the
intelligence community shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives a report on--
(1) the estimated number of individuals associated with
their element that may be eligible for payment under the
authorities described in subsection (a)(1);
(2) an estimate of the obligation that the head of the
intelligence community element expects to incur in fiscal
year 2025 as a result of establishing the regulations
pursuant to subsection (a)(1); and
(3) any perceived barriers or concerns in implementing such
authorities.
(c) Alternative Reporting.--Not later than 180 days after
the date of the enactment of this Act, each head of an
element of the intelligence community (other than the
Director of the Central Intelligence Agency) who believes
that the authorities described in subsection (a)(1) are not
currently relevant for individuals associated with their
element, or who are not otherwise in position to issue the
regulations and procedures required by subsection (a)(1)
shall provide written and detailed justification to the
congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives to explain
this position.
SEC. 904. REPORT AND BRIEFING ON CENTRAL INTELLIGENCE AGENCY
HANDLING OF ANOMALOUS HEALTH INCIDENTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``Agency'' means the Central
Intelligence Agency.
(2) Qualifying injury.--The term ``qualifying injury'' has
the meaning given such term in section 19A(d)(1) of the
Central Intelligence Agency Act of 1949 (50 U.S.C.
3519b(d)(1)).
(b) In General.--Not later than 60 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall submit to the congressional
intelligence committees a report on the handling of anomalous
health incidents by the Agency.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) HAVANA act implementation.--
(A) An explanation of how the Agency determines whether a
reported anomalous health incident resulted in a qualifying
injury or a qualifying injury to the brain.
(B) The number of participants of the Expanded Care Program
of the Central Intelligence Agency who--
(i) have a certified qualifying injury or a certified
qualifying injury to the brain; and
(ii) as of September 30, 2023, applied to the Expanded Care
Program due to a reported anomalous health incident.
(C) A comparison of the number of anomalous health
incidents reported by applicants to the Expanded Care Program
that occurred in the United States and that occurred in a
foreign country.
(D) The specific reason each applicant was approved or
denied for payment under the Expanded Care Program.
(E) The number of applicants who were initially denied
payment but were later approved on appeal.
(F) The average length of time, from the time of
application, for an applicant to receive a determination from
the Expanded Care Program, aggregated by qualifying injuries
and qualifying injuries to the brain.
(2) Priority cases.--
(A) A detailed list of priority cases of anomalous health
incidents, including, for each incident, locations, dates,
times, and circumstances.
(B) For each priority case listed in accordance with
subparagraph (A), a detailed explanation of each credible
alternative explanation that the Agency assigned to the
incident, including--
(i) how the incident was discovered;
(ii) how the incident was assigned within the Agency; and
(iii) whether an individual affected by the incident is
provided an opportunity to appeal the credible alternative
explanation.
(C) For each priority case of an anomalous health incident
determined to be largely consistent with the definition of
``anomalous health incident'' established by the National
Academy of Sciences and for which the Agency does not have a
credible alternative explanation, a detailed description of
such case.
(3) Anomalous health incident sensors.--
(A) A list of all types of sensors that the Agency has
developed or deployed with respect to reports of anomalous
health incidents, including, for each type of sensor, the
deployment location, the date and the duration of the
employment of such type of sensor, and, if applicable, the
reason for removal.
(B) A list of entities to which the Agency has provided
unrestricted access to data associated with anomalous health
incidents.
(C) A list of requests for support the Agency has received
from elements of the Federal
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Government regarding sensor development, testing, or
deployment, and a description of the support provided in each
case.
(D) A description of all emitter signatures obtained by
sensors associated with anomalous health incidents in Agency
holdings since 2016, including--
(i) the identification of any of such emitters that the
Agency prioritizes as a threat; and
(ii) an explanation of such prioritization.
(d) Additional Submissions.--Concurrent with the submission
of the report required by subsection (b), the Director of the
Central Intelligence Agency shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives--
(1) a template of each form required to apply for the
Expanded Care Program, including with respect to payments for
a qualifying injury or a qualifying injury to the brain;
(2) copies of internal guidance used by the Agency to
adjudicate claims for the Expanded Care Program, including
with respect to payments for a qualifying injury to the
brain;
(3) the case file of each applicant to the Expanded Care
Program who applied due to a reported anomalous health
incident, including supporting medical documentation, with
name and other identifying information redacted;
(4) copies of all informational and instructional materials
provided to employees of and other individuals affiliated
with the Agency with respect to applying for the Expanded
Care Program; and
(5) copies of Agency guidance provided to employees of and
other individuals affiliated with the Agency with respect to
reporting and responding to a suspected anomalous health
incident, and the roles and responsibilities of each element
of the Agency tasked with responding to a report of an
anomalous health incident.
(e) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central
Intelligence Agency shall brief the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives on the report.
TITLE X--ELECTION SECURITY
SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD
RESPECT FOR ELECTIONS THROUGH INDEPENDENT
TESTING ACT OF 2023.
(a) Requiring Penetration Testing as Part of the Testing
and Certification of Voting Systems.--Section 231 of the Help
America Vote Act of 2002 (52 U.S.C. 20971) is amended by
adding at the end the following new subsection:
``(e) Required Penetration Testing.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Commission shall
provide for the conduct of penetration testing as part of the
testing, certification, decertification, and recertification
of voting system hardware and software by accredited
laboratories under this section.
``(2) Accreditation.--The Director of the National
Institute of Standards and Technology shall recommend to the
Commission entities the Director proposes be accredited to
carry out penetration testing under this subsection and
certify compliance with the penetration testing-related
guidelines required by this subsection. The Commission shall
vote on the accreditation of any entity recommended. The
requirements for such accreditation shall be a subset of the
requirements for accreditation of laboratories under
subsection (b) and shall only be based on consideration of an
entity's competence to conduct penetration testing under this
subsection.''.
(b) Independent Security Testing and Coordinated
Cybersecurity Vulnerability Disclosure Program for Election
Systems.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by
adding at the end the following new part:
``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY
VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS
``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED
CYBERSECURITY VULNERABILITY DISCLOSURE PILOT
PROGRAM FOR ELECTION SYSTEMS.
``(a) In General.--
``(1) Establishment.--The Commission, in consultation with
the Secretary, shall establish an Independent Security
Testing and Coordinated Vulnerability Disclosure Pilot
Program for Election Systems (VDP-E) (in this section
referred to as the `program') in order to test for and
disclose cybersecurity vulnerabilities in election systems.
``(2) Duration.--The program shall be conducted for a
period of 5 years.
``(3) Requirements.--In carrying out the program, the
Commission, in consultation with the Secretary, shall--
``(A) establish a mechanism by which an election systems
vendor may make their election system (including voting
machines and source code) available to cybersecurity
researchers participating in the program;
``(B) provide for the vetting of cybersecurity researchers
prior to their participation in the program, including the
conduct of background checks;
``(C) establish terms of participation that--
``(i) describe the scope of testing permitted under the
program;
``(ii) require researchers to--
``(I) notify the vendor, the Commission, and the Secretary
of any cybersecurity vulnerability they identify with respect
to an election system; and
``(II) otherwise keep such vulnerability confidential for
180 days after such notification;
``(iii) require the good faith participation of all
participants in the program;
``(iv) require an election system vendor, within 180 days
after validating notification of a critical or high
vulnerability (as defined by the National Institute of
Standards and Technology) in an election system of the
vendor, to--
``(I) send a patch or propound some other fix or mitigation
for such vulnerability to the appropriate State and local
election officials, in consultation with the researcher who
discovered it; and
``(II) notify the Commission and the Secretary that such
patch has been sent to such officials;
``(D) in the case where a patch or fix to address a
vulnerability disclosed under subparagraph (C)(ii)(I) is
intended to be applied to a system certified by the
Commission, provide--
``(i) for the expedited review of such patch or fix within
90 days after receipt by the Commission; and
``(ii) if such review is not completed by the last day of
such 90 day period, that such patch or fix shall be deemed to
be certified by the Commission, subject to any subsequent
review of such determination by the Commission; and
``(E) 180 days after the disclosure of a vulnerability
under subparagraph (C)(ii)(I), notify the Director of the
Cybersecurity and Infrastructure Security Agency of the
vulnerability for inclusion in the database of Common
Vulnerabilities and Exposures.
``(4) Voluntary participation; safe harbor.--
``(A) Voluntary participation.--Participation in the
program shall be voluntary for election systems vendors and
researchers.
``(B) Safe harbor.--When conducting research under this
program, such research and subsequent publication shall be
considered to be:
``(i) Authorized in accordance with section 1030 of title
18, United States Code (commonly known as the `Computer Fraud
and Abuse Act'), (and similar state laws), and the election
system vendor will not initiate or support legal action
against the researcher for accidental, good faith violations
of the program.
``(ii) Exempt from the anti-circumvention rule of section
1201 of title 17, United States Code (commonly known as the
`Digital Millennium Copyright Act'), and the election system
vendor will not bring a claim against a researcher for
circumvention of technology controls.
``(C) Rule of construction.--Nothing in this paragraph may
be construed to limit or otherwise affect any exception to
the general prohibition against the circumvention of
technological measures under subparagraph (A) of section
1201(a)(1) of title 17, United States Code, including with
respect to any use that is excepted from that general
prohibition by the Librarian of Congress under subparagraphs
(B) through (D) of such section 1201(a)(1).
``(5) Exempt from disclosure.--Cybersecurity
vulnerabilities discovered under the program shall be exempt
from section 552 of title 5, United States Code (commonly
referred to as the Freedom of Information Act).
``(6) Definitions.--In this subsection:
``(A) Cybersecurity vulnerability.--The term `cybersecurity
vulnerability' means, with respect to an election system, any
security vulnerability that affects the election system.
``(B) Election infrastructure.--The term `election
infrastructure' means--
``(i) storage facilities, polling places, and centralized
vote tabulation locations used to support the administration
of elections for public office; and
``(ii) related information and communications technology,
including--
``(I) voter registration databases;
``(II) election management systems;
``(III) voting machines;
``(IV) electronic mail and other communications systems
(including electronic mail and other systems of vendors who
have entered into contracts with election agencies to support
the administration of elections, manage the election process,
and report and display election results); and
``(V) other systems used to manage the election process and
to report and display election results on behalf of an
election agency.
``(C) Election system.--The term `election system' means
any information system that is part of an election
infrastructure, including any related information and
communications technology described in subparagraph (B)(ii).
``(D) Election system vendor.--The term `election system
vendor' means any person providing, supporting, or
maintaining an election system on behalf of a State or local
election official.
[[Page S4209]]
``(E) Information system.--The term `information system'
has the meaning given the term in section 3502 of title 44,
United States Code.
``(F) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(G) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in section 102
of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501).''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
subtitle D of title II the following:
``PART 7--Independent Security Testing and Coordinated Cybersecurity
Vulnerability Disclosure Program for Election Systems
``Sec. 297. Independent security testing and coordinated cybersecurity
vulnerability disclosure program for election systems.''.
TITLE XI--OTHER MATTERS
SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-
DOMAIN ANOMALY RESOLUTION OFFICE.
Section 1683(k)(1) of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended
by section 6802(a) of the Intelligence Authorization Act for
Fiscal Year 2023 (Public Law 117-263), is amended--
(1) in the heading, by striking ``Director of national
intelligence and secretary of defense'' and inserting ``All-
domain anomaly resolution office''; and
(2) in subparagraph (A), by striking ``Director of National
Intelligence and the Secretary of Defense shall jointly'' and
inserting ``Director of the Office shall''.
SEC. 1102. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED
ANOMALOUS PHENOMENA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Director.--The term ``Director'' means the Director of
the All-domain Anomaly Resolution Office.
(4) Unidentified anomalous phenomena.--The term
``unidentified anomalous phenomena'' has the meaning given
such term in section 1683(n) of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(n)),
as amended by section 6802(a) of the Intelligence
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
(b) Sense of Congress.--It is the sense of Congress that,
due to the increasing potential for technology surprise from
foreign adversaries and to ensure sufficient integration
across the United States industrial base and avoid technology
and security stovepipes--
(1) the United States industrial base must retain its
global lead in critical advanced technologies; and
(2) the Federal Government must expand awareness about any
historical exotic technology antecedents previously provided
by the Federal Government for research and development
purposes.
(c) Limitations.--No amount authorized to be appropriated
by this Act may be obligated or expended, directly or
indirectly, in part or in whole, for, on, in relation to, or
in support of activities involving unidentified anomalous
phenomena protected under any form of special access or
restricted access limitations that have not been formally,
officially, explicitly, and specifically described,
explained, and justified to the appropriate committees of
Congress, congressional leadership, and the Director,
including for any activities relating to the following:
(1) Recruiting, employing, training, equipping, and
operations of, and providing security for, government or
contractor personnel with a primary, secondary, or
contingency mission of capturing, recovering, and securing
unidentified anomalous phenomena craft or pieces and
components of such craft.
(2) Analyzing such craft or pieces or components thereof,
including for the purpose of determining properties, material
composition, method of manufacture, origin, characteristics,
usage and application, performance, operational modalities,
or reverse engineering of such craft or component technology.
(3) Managing and providing security for protecting
activities and information relating to unidentified anomalous
phenomena from disclosure or compromise.
(4) Actions relating to reverse engineering or replicating
unidentified anomalous phenomena technology or performance
based on analysis of materials or sensor and observational
information associated with unidentified anomalous phenomena.
(5) The development of propulsion technology, or aerospace
craft that uses propulsion technology, systems, or
subsystems, that is based on or derived from or inspired by
inspection, analysis, or reverse engineering of recovered
unidentified anomalous phenomena craft or materials.
(6) Any aerospace craft that uses propulsion technology
other than chemical propellants, solar power, or electric ion
thrust.
(d) Notification and Reporting.--Any person currently or
formerly under contract with the Federal Government that has
in their possession material or information provided by or
derived from the Federal Government relating to unidentified
anomalous phenomena that formerly or currently is protected
by any form of special access or restricted access shall--
(1) not later than 60 days after the date of the enactment
of this Act, notify the Director of such possession; and
(2) not later than 180 days after the date of the enactment
of this Act, make available to the Director for assessment,
analysis, and inspection--
(A) all such material and information; and
(B) a comprehensive list of all non-earth origin or exotic
unidentified anomalous phenomena material.
(e) Liability.--No criminal or civil action may lie or be
maintained in any Federal or State court against any person
for receiving material or information described in subsection
(d) if that person complies with the notification and
reporting provisions described in such subsection.
(f) Limitation Regarding Independent Research and
Development.--
(1) In general.--Consistent with Department of Defense
Instruction Number 3204.01 (dated August 20, 2014,
incorporating change 2, dated July 9, 2020; relating to
Department policy for oversight of independent research and
development), independent research and development funding
relating to material or information described in subsection
(c) shall not be allowable as indirect expenses for purposes
of contracts covered by such instruction, unless such
material and information is made available to the Director in
accordance with subsection (d).
(2) Effective date and applicability.--Paragraph (1) shall
take effect on the date that is 60 days after the date of the
enactment of this Act and shall apply with respect to funding
from amounts appropriated before, on, or after such date.
(g) Notice to Congress.--Not later than 30 days after the
date on which the Director has received a notification under
paragraph (1) of subsection (d) or information or material
under paragraph (2) of such subsection, the Director shall
provide written notification of such receipt to the
appropriate committees of Congress, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Oversight and Accountability of the House of
Representatives, and congressional leadership.
____________________